Rule2023-16433
Air Plan Approval; TN; 2010 1-Hour SO2 NAAQS Transport Infrastructure
Primary source
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Published
August 9, 2023
Effective
September 8, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving Tennessee's July 31, 2019, State Implementation Plan (SIP) submission pertaining to the "good neighbor" provision of the Clean Air Act (CAA or Act) for the 2010 1-hour sulfur dioxide (SO<INF>2</INF>) National Ambient Air Quality Standard (NAAQS). The good neighbor provision requires each State's implementation plan to contain adequate provisions prohibiting the interstate transport of air pollution in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of a NAAQS in any other State. EPA has determined that Tennessee will not contribute significantly to nonattainment or interfere with maintenance of the 2010 1-hour SO<INF>2</INF> NAAQS in any other State. Therefore, EPA is approving the July 31, 2019, SIP revision as meeting the requirements of the good neighbor provision for the 2010 1-hour SO<INF>2</INF> NAAQS.
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53800-53802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16433]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0535; FRL-11020-02-R4]
Air Plan Approval; TN; 2010 1-Hour SO2 NAAQS Transport
Infrastructure
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
Tennessee's July 31, 2019, State Implementation Plan (SIP) submission
pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA
or Act) for the 2010 1-hour sulfur dioxide (SO<INF>2</INF>) National
Ambient Air Quality Standard (NAAQS). The good neighbor provision
requires each State's implementation plan to contain adequate
provisions prohibiting the interstate transport of air pollution in
amounts that will contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other State. EPA has
determined that Tennessee will not contribute significantly to
nonattainment or interfere with maintenance of the 2010 1-hour
SO<INF>2</INF> NAAQS in any other State. Therefore, EPA is approving
the July 31, 2019, SIP revision as meeting the requirements of the good
neighbor provision for the 2010 1-hour SO<INF>2</INF> NAAQS.
DATES: This rule is effective September 8, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0535. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.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: Evan Adams, 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. Mr. Adams can be reached via
phone number (404) 562-9009 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#3e5f5a5f534d105b485f507e5b4e5f10595148"><span class="__cf_email__" data-cfemail="1574717478663b7063747b557065743b727a63">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 2, 2010, EPA promulgated a revised primary SO<INF>2</INF>
NAAQS with a level of 75 parts per billion (ppb), based on a 3-year
average of the annual 99th percentile of daily maximum 1-hour average
concentrations. See 75 FR 35520 (June 22, 2010). Pursuant to section
110(a)(1) of the CAA, states are required to submit SIPs meeting the
applicable requirements of section 110(a)(2) within three years after
promulgation of a new or revised NAAQS or within such shorter period as
EPA may describe. These SIPs, which EPA has historically referred to as
``infrastructure SIPs,'' are to provide for the ``implementation,
maintenance, and enforcement'' of such NAAQS, and the requirements are
designed to ensure that structural components of each State's air
quality management program are adequate to meet the State's
responsibility under the CAA. Section 110(a) of the CAA requires States
to make a SIP submission to EPA for a new or revised NAAQS, but the
contents of individual State submissions may vary depending upon the
facts and circumstances. The content of the changes in such SIP
submissions may also vary depending upon what provisions the State's
approved SIP already contains. Section 110(a)(2) requires States to
address basic SIP elements such as requirements for monitoring, basic
program requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS.
Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one State from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of a NAAQS in another State. The two clauses of this
section are referred to as prong 1 (significant contribution to
nonattainment of the NAAQS) and prong 2 (interference with maintenance
of the NAAQS).
On July 31, 2019, the Tennessee Department of Environment &
Conservation (TDEC) submitted a revision to the Tennessee SIP \1\
addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) for the
2010 1-hour SO<INF>2</INF> NAAQS.\2\ TDEC completed updated transport
modeling for the Eastman Chemical facility in Sullivan County,
Tennessee, and submitted it to EPA on November 30, 2021, to supplement
the July 31, 2019 submission.\3\ EPA is approving TDEC's July 31, 2019,
SIP submission because the State has demonstrated that Tennessee will
not contribute significantly to nonattainment, or interfere with
maintenance, of the 2010 1-hour SO<INF>2</INF> NAAQS in any other
State. All other elements related to the infrastructure requirements of
section 110(a)(2) for the 2010 1-hour SO<INF>2</INF> NAAQS for
Tennessee are addressed in separate rulemakings.\4\
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\1\ TDEC submitted its SIP revision on August 1, 2019, through a
transmittal letter dated July 31, 2019.
\2\ On March 13, 2014, TDEC submitted a SIP revision addressing
all infrastructure elements with respect to the 2010 1-hour
SO<INF>2</INF> NAAQS with the exception of prongs 1 and 2 of CAA
110(a)(2)(D)(i)(I).
\3\ EPA officially received the supplemental file dated November
30, 2021, on December 7, 2021.
\4\ EPA acted on all other infrastructure elements for the 2010
1-hour SO<INF>2</INF> NAAQS in Tennessee's March 13, 2014, SIP
revision on November 28, 2016 (81 FR 85410) and September 24, 2018
(83 FR 48237).
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In a notice of proposed rulemaking (NPRM) published on June 26,
2023 (88 FR 41344), EPA proposed to approve TDEC's July 31, 2019, SIP
submission for the 2010 1-hour SO<INF>2</INF> NAAQS. The details of the
SIP revision and the rationale for EPA's action is explained in the
June 26, 2023, NPRM.\5\ Comments on the June 26, 2023, NPRM were due on
or before July 26, 2023. No comments were received on the June 26,
2023, NPRM, adverse or otherwise.
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\5\ Additional details regarding EPA's evaluation of TDEC's
modeling are provided in the Modeling Technical Support Document
(TSD) available in the docket supporting this final action.
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II. Final Action
EPA is approving Tennessee's July 31, 2019, SIP submission as
meeting the good neighbor provision of CAA section 110(a)(2)(D)(i)(I)
for the 2010 1-hour SO<INF>2</INF> NAAQS. EPA is finalizing approval
based on the information and analysis detailed in EPA's proposed rule,
which demonstrates that Tennessee will not contribute significantly to
nonattainment, or interfere with
[[Page 53801]]
maintenance, of the 2010 1-hour SO<INF>2</INF> NAAQS in any other
State. This action is being taken under section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
TDEC did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 October 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 28, 2023.
Jeaneanne Gettle,
Acting 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(e), amend the table by adding the entry ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour SO<INF>2</INF>
NAAQS'' at the end of the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 53802]]
EPA-Approved Tennessee Non-Regulatory Provisions
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State
Name of non-regulatory SIP Applicable geographic or effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
110(a)(1) and (2) Infrastructure Tennessee................ 7/31/2019 8/9/2023, [Insert Addressing prongs
Requirements for the 2010 1- citation of 1 and 2 of
hour SO2 NAAQS. publication]. section
110(a)(2)(D)(i)
only.
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[FR Doc. 2023-16433 Filed 8-8-23; 8:45 am]
BILLING CODE 6560-50-P
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