Proposed Rule2024-04362
Air Plan Approval; Tennessee; Revisions to the Continuous Opacity Monitoring System Requirements
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
March 1, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee through the Department of Environment and Conservation (TDEC), Division of Air Pollution Control, via a letter dated September 28, 2022. The SIP revision seeks to modify the State's required monitoring standards by adding exemptions to opacity monitoring requirements. EPA is proposing this action pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)</title>
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[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Proposed Rules]
[Pages 15098-15101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04362]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0458; FRL-11759-01-R4]
Air Plan Approval; Tennessee; Revisions to the Continuous Opacity
Monitoring System Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Tennessee through the Department of Environment and
Conservation (TDEC), Division of Air Pollution Control, via a letter
dated September 28, 2022. The SIP revision seeks to modify the State's
required monitoring standards by adding exemptions to opacity
monitoring requirements. EPA is proposing this action pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on or before April 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0458 at <a href="http://regulations.gov">regulations.gov</a>. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed
[[Page 15099]]
from Regulations.gov. 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="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Faith Goddard, Multi-Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, GA 30303-8960. The telephone number is
(404) 562-8757. Ms. Goddard can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#1e59717a7a7f6c7a30587f776a765e7b6e7f30797168"><span class="__cf_email__" data-cfemail="296e464d4d485b4d076f48405d41694c5948074e465f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve a SIP revision submitted by Tennessee
via a letter dated September 28, 2022,\1\ seeking to revise chapter
1200-3-10, Required Sampling, Recording, and Reporting, of the
Tennessee SIP. These changes seek to modify the State's required
monitoring standards. Specifically, the submission includes changes to
add exemptions to opacity monitoring requirements at paragraph (1)(b)1.
of Tennessee Rule 1200-3-10-.02, Monitoring of Source Emissions,
Recording, and Reporting of the Same are Required. EPA is proposing to
approve Tennessee's September 28, 2022, SIP revision because the State
has demonstrated that the changes to the Rule will not interfere with
any applicable requirement concerning attainment and reasonable further
progress (as defined in section 171) or any other applicable
requirement of the Act.\2\
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\1\ EPA received the September 28, 2022, submittal on October 3,
2022. For clarity, throughout this notice EPA will refer to the
October 3, 2022, submission by its cover letter date of September
28, 2022.
\2\ See CAA section 110(l).
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II. Background
In accordance with 40 CFR 51.214, each SIP must contain legally
enforceable procedures to provide information as specified in appendix
P of 40 CFR part 51. Appendix P, Minimum Emission Monitoring
Requirements requires, with certain exceptions, each fossil fuel-fired
steam generator of greater than 250 million British thermal units per
hour (MMBtu/hr) heat input and an annual average capacity factor of
greater than 30 percent, as reported to the Federal Power Commission
for calendar year 1974, or as otherwise demonstrated to the State by
the owner or operator, to install, calibrate, maintain, and operate a
continuous monitoring system for the measurement of opacity (COMS).
Section 3.9 of appendix P, however, allows States to utilize different,
but equivalent, procedures and requirements for continuous monitoring
systems, provided the SIP includes a description of such alternative
procedures for approval by EPA.
Tennessee Rule 1200-3-10-.02(1)(b) establishes requirements for
testing, monitoring, and record keeping for certain categories of air
pollution sources. Subparagraph (i) of paragraph (1)(b)1. applies to
existing fossil fuel-fired steam generators with an annual average
capacity factor of greater than 30 percent, as reported to the Federal
Power Commission for calendar year 1974, or as otherwise demonstrated
to the Technical Secretary by the owner or operator.\3\ The existing
rule requires owners or operators of these fossil fuel-fired steam
generators with a heat input of 250 MMBtu/hr or greater to install,
calibrate, maintain, and operate a COMS, except when only gaseous fuel
is burned. Additionally, sources may be exempted from this requirement
when oil or a mixture of gas and oil are the only fuels burned and the
source can comply with applicable particulate matter (PM) and opacity
regulations without the use of PM control equipment and has not been
found to be in violation of any applicable visible emission standard
requirement. These provisions are consistent with section 2.1.1 of 40
CFR part 51, appendix P.
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\3\ The monitoring requirements of Rule 1200-3-10-.02(1)(b) do
not apply to new sources that are subject to new source performance
standards under chapter 1200-3-16. See 1200-3-10-.02(1)(b)2.
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Tennessee's September 28, 2022, SIP revision revises requirements
of Rule 1200-3-10-.02(1)(b)1. to provide a third alternative for fossil
fuel-fired steam generators to be exempted from the COMS requirement.
The SIP revision is based on an approach to opacity monitoring in EPA's
New Source Performance Standards (NSPS) for steam generating units, at
40 CFR part 60, subparts D and Da, and National Emission Standards for
Hazardous Air Pollutants (NESHAP) for steam generating units, at 40 CFR
part 63, subpart UUUUU. In amendments to the NSPS for steam generating
units, EPA eliminated the opacity standard for certain facilities
voluntarily using PM continuous emission monitoring systems (CEMS),
provided that those facilities comply with a federally enforceable PM
limit of 0.030 lb/MMBtu or less.\4\ In addition, subparts D and Da of
40 CFR part 60 eliminate the COMS requirement for affected facilities
using continuous parametric monitoring systems (CPMS) for PM according
to the requirements specified in subpart UUUUU of 40 CFR part 63, which
establishes requirements for using PM CEMS and PM CPMS to demonstrate
compliance with applicable PM emission limits.\5\
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\4\ See 74 FR 5072, 5073-5074 (January 28, 2009), and 40 CFR
60.42(c) and 60.42Da(a) and (b)(1).
\5\ See 40 CFR 60.45(b)(8); 40 CFR 60.49Da(a)(4)(ii).
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III. Analysis of Tennessee's September 28, 2022, SIP Revision
The changes to Rule 1200-3-10-.02(1)(b) include the removal of a
reference to Tennessee Rule 1200-3-16-.02 for the definition of fossil
fuel-fired steam generators, because this Rule is not in the SIP and
does not include a definition for fossil fuel-fired steam
generators.\6\ Tennessee has added a statement at the end of
subparagraph (i) of part (1)(b)1. to define a ``fossil fuel-fired steam
generator'' as ``a furnace or boiler used in the process of burning
fossil fuel for the purpose of producing steam by heat transfer.'' EPA
notes that this definition of fossil fuel-fired steam generator matches
verbatim the NSPS definition of Fossil-fuel-fired steam generating unit
at 40 CFR part 60, subpart D.\7\ Therefore, EPA is proposing to find
that this definition for fossil-fuel-fired steam generating unit is
appropriate.
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\6\ The SIP revision states that Regulation 1200-3-16 is in the
process of being repealed at the state level. The repeal was
announced in a notice to the public by TDEC on May 2, 2023.
\7\ See 40 CFR 60.41 ``Fossil-fuel-fired steam generating
unit.''
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As noted above, Regulation 1200-3-10-.02(1)(b)1., as revised,
includes a third alternative for the subject fossil fuel-fired steam
generators to be exempted from the COMS requirement. New subparagraph
III of paragraph (1)(b)1.(i)(I) provides that sources are exempt from
the COMS requirement if the owner or operator installs, certifies,
[[Page 15100]]
operates, and maintains a PM CEMS or CPMS for PM according to the
requirements of 40 CFR part 63, subpart UUUUU, and such PM CEMS or CPMS
is subject to and complies with the relevant filterable PM
standards,\8\ monitoring requirements,\9\ and work practice standards
\10\ of subpart UUUUU. Lastly, subparagraph IV is added to paragraph
(1)(b)1.(i)(I) to adopt and incorporate the relevant standards of
subpart UUUUU by reference. These revisions are consistent with EPA's
conclusions, as discussed in Section II of this preamble, that steam
generating units complying with a federally enforceable PM limit of
0.030 lb/MMBtu or less \11\ will operate with little or no visible
emissions and that the use of a CEMS or CPMS for PM, at this level of
the PM emissions, is sufficient to demonstrate compliance with
applicable SIP opacity standards.\12\ EPA also notes that any
applicable opacity standards in the SIP remain applicable and may be
enforced with visible emissions methods under SIP-approved Rule 1200-3-
5-.03.\13\
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\8\ See 40 CFR 63.9991(a)(1) and table 1 or table 2 of subpart
UUUUU.
\9\ See 40 CFR 63.10010(h) or (i).
\10\ See 40 CFR 63.10007(a)(1) and table 3 of subpart UUUUU.
\11\ Under subpart UUUUU, only existing integrated gasification
combined cycle (IGCC) units are subject to a higher PM limit than
0.030 lb/MMBtu (0.040 lb/MMBtu), and Tennessee has no existing IGCC
units. See Table 1 and table 2 of subpart UUUUU.
\12\ See also footnotes 4 and 5.
\13\ The Tennessee requirements for visible emissions exist at
1200-3-5-.03 in the Tennessee SIP.
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According to Tennessee's September 28, 2022, SIP submittal, several
existing facilities in Tennessee are required to comply with Rule 1200-
3-10-.02(1)(b)1., but only three coal-fired fossil fuel plants,
operated by the Tennessee Valley Authority (TVA), are subject to 40 CFR
part 63, subpart UUUUU and therefore impacted by this Rule revision.
Specifically, the changes to the regulation impact boiler numbers 1
through 9 at the Kingston facility, boiler numbers 1 through 4 at the
Gallatin facility, and boiler numbers 1 and 2 at the Cumberland
facility.\14\ These facilities would be able to opt for the new
alternative exemption from the COMS requirement based on compliance
with continuous PM monitoring requirements.
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\14\ The SIP revision identifies boiler number 1 at the TVA Bull
Run facility, but that facility was shut down at the end of 2023.
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Section 110(l) of the CAA requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171) or any other
applicable requirement of the Act. As discussed above, using the new
alternative approach, COMS to measure opacity would not be necessary
for the subject fossil fuel-fired boilers since compliance with the PM
mass emission limit and the continuous monitoring of compliance with
that limit will render opacity negligible. Therefore, EPA is proposing
to find that the proposed change to allow certain sources to use
alternative monitoring procedures satisfies CAA section 110(l).
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 requirements of 1 CFR 51.5, and as discussed in Sections I through
III of this preamble, EPA is proposing to incorporate by reference TDEC
Regulation 1200-3-10-.02, ``Monitoring of Source Emissions, Recording,
and Reporting of the Same are Required,'' \15\ State effective August
31, 2022, which revises exemptions to monitoring requirements. 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).
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\15\ EPA is not proposing to incorporate the August 31, 2022,
state effective version of 1200-3-10-.02(1)(b)1.(i)(II); 1200-3-
10-.02(1)(b)1.(i)(III); and 1200-3-10-.02(2)(b)2. into the SIP. The
August 31, 2022, version of the Rule removes 1200-3-
10-.02(1)(b)1.(i)(II) and 1200-3-10-.02(1)(b)1.(i)(III) due to an
administrative error and contains language changes to 1200-3-
10-.02(2)(b)2. that are not before EPA for approval into the SIP. If
EPA takes final action to approve the September 28, 2022, SIP
revision, the Agency will update the SIP table at 40 CFR 52.2220(c)
to reflect these exceptions.
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V. Proposed Action
For the reasons explained above, EPA is proposing to approve
Tennessee's September 28, 2022, SIP revision seeking to amend air
quality rules in the Tennessee SIP. Specifically, EPA is proposing to
approve a revision to 1200-3-10-.02, ``Monitoring of Source Emissions,
Recording, and Reporting of the Same are Required,'' in the Tennessee
SIP to allow for alternative monitoring procedures for certain sources
because the revision is 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 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. Accordingly, this
proposed action merely proposes to 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 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
[[Page 15101]]
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 proposed action. Due to the
nature of the action being proposed here, this proposed 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
proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation
byreference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 26, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-04362 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P
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