Rule2024-09729
Air Plan Approval; Tennessee; Revisions to the Continuous Opacity Monitoring System Requirements
Primary source
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Published
May 13, 2024
Effective
June 12, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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. Specifically, EPA is finalizing the approval of a SIP revision which modifies the State's required monitoring standards by adding exemptions to opacity monitoring requirements. EPA is approving this revision pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 93 (Monday, May 13, 2024)</title>
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[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Rules and Regulations]
[Pages 41321-41323]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09729]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0458; FRL-11759-02-R4]
Air Plan Approval; Tennessee; Revisions to the Continuous Opacity
Monitoring System Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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.
Specifically, EPA is finalizing the approval of a SIP revision which
modifies the State's required monitoring standards by adding exemptions
to opacity monitoring requirements. EPA is approving this revision
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective June 12, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0458. 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 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, 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
[[Page 41322]]
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: Faith Goddard, Multi-Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 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#2a6d454e4e4b584e046c4b435e426a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="96d1f9f2f2f7e4f2b8d0f7ffe2fed6f3e6f7b8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 28, 2022,\1\ TDEC submitted a SIP revision revising
monitoring standards in Chapter 1200-3-10, Required Sampling,
Recording, and Reporting, of the Tennessee SIP by adding 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. The SIP revision to the State's monitoring
requirements: (1) removes a cross-reference at Rule 1200-3-
10-.02(1)(b)1.(i) to Tennessee Rule 1200-3-16-.02 for the definition of
fossil fuel-fired steam generators; (2) adds a new definition of
``fossil fuel-fired steam generator'' to Rule 1200-3-10-.02(1)(b)1.(i);
and (3) adds new subparagraphs III and IV to paragraph (1)(b)1.(i)(I)
to provide a third alternative for fossil fuel-fired steam generators
to be exempted from the continuous opacity monitoring system
requirement and to adopt and incorporate the relevant standards of 40
CFR part 63, subpart UUUUU by reference.
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\1\ EPA received the September 28, 2022, submittal on October 3,
2022. For clarity, throughout this action EPA will refer to the
October 3, 2022, submission by its cover letter date of September
28, 2022.
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Through a notice of proposed rulemaking (NPRM), published on March
1, 2024 (89 FR 15098), EPA proposed to approve Tennessee's September
28, 2022, SIP revision. In that NPRM, EPA proposed to determine that
the SIP revision to allow certain sources to use alternative monitoring
procedures, based on an approach to opacity monitoring in EPA's New
Source Performance Standards for steam generating units, at 40 CFR part
60, subparts D and Da, and National Emission Standards for Hazardous
Air Pollutants for steam generating units, at 40 CFR part 63, subpart
UUUUU, is consistent with Section 3.9 of Appendix P of 40 CFR part 51
and satisfies CAA section 110(l). Additional details on the revision,
as well as EPA's rationale for approval, are explained in the March 1,
2024, NPRM. Comments on the March 1, 2024, NPRM were due on or before
April 1, 2024. EPA received one set of comments, which is discussed in
the next section of this rulemaking notice.
II. Response to Comment
EPA received one set of comments on the March 1, 2024, NPRM. This
set of comments, submitted by a member of the general public, consists
of several statements associated with website hyperlinks. It is unclear
how these comments are relevant to the proposal, how the hyperlinked
materials support the comments, and how, or whether, the commenter
would like EPA to change the proposal. Furthermore, as noted in the
March 1, 2024, NPRM, EPA generally will not consider comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file-sharing system) such as the hyperlinked materials. For these
reasons, the comments require no further response and we are finalizing
the action as proposed.
III. 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 Sections I of this preamble, EPA is
finalizing the incorporation by reference of TDEC Regulation 1200-3-
10-.02, Monitoring of Source Emissions, Recording, and Reporting of the
Same are Required, state-effective August 31, 2022,\2\ which adds
exemptions to opacity monitoring requirements to the State's SIP-
approved monitoring standards. 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.\3\
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\2\ The August 31, 2022, State effective 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. EPA is therefore not incorporating these
changes to the SIP, and these three provisions remain in the SIP
with a February 5, 2013, State effective date.
\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is finalizing approval of Tennessee's September 28, 2022, SIP
revision to air quality rules in the Tennessee SIP. Specifically, EPA
is approving a revision to TDEC Regulation 1200-3-10-.02, Monitoring of
Source Emissions, Recording, and Reporting of the Same are Required,
into the Tennessee SIP. This revision adds exemptions to opacity
monitoring requirements to the State's SIP-approved monitoring
standards to allow for alternative monitoring procedures for certain
sources, consistent with the CAA.
V. 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
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
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<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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 12, 2024. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: April 30, 2024.
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(c), amend Table 1 under ``CHAPTER 1200-3-10
REQUIRED SAMPLING, RECORDING, AND REPORTING'' by revising the entry for
``Section 1200-3-10-.02,'' ``Monitoring of Source Emissions, Recording,
and Reporting of the Same are Required.''
The revision reads as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(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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* * * * * * *
CHAPTER 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING
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* * * * * * *
Section 1200-3-10-.02.......... Monitoring of 8/31/2022 05/13/2024,....... Except for 1200-3-10-
Source Emissions, [Insert first page .02(2)(b)2., with a
Recording, and of Federal state effective date
Reporting of the Register of February 5, 2013.
Same are Required. citation]. 1200-3-10-
.02(1)(b)1.(i)(II) and
1200-3-10-
.02(1)(b)1.(i)(III)
remain in the SIP with
a state effective date
of February 5, 2013.
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[FR Doc. 2024-09729 Filed 5-10-24; 8:45 am]
BILLING CODE 6560-50-P
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