Rule2024-20668
Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call Alternative Monitoring and Domtar Paper Company, LLC
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
September 13, 2024
Effective
October 15, 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 Tennessee Department of Environment and Conservation (TDEC), on June 26, 2023. The June 26, 2023, SIP revision specifies monitoring, recordkeeping, and reporting requirements for large industrial non-electricity generating units (EGUs) subject to the nitrogen oxides (NO<INF>X</INF>) SIP Call that are permissible as alternatives to the monitoring, recordkeeping, and reporting requirements of 40 CFR part 75. The SIP revision also establishes source-specific alternative monitoring, recordkeeping, and reporting requirements under the NO<INF>X</INF> SIP Call for Domtar Paper Company, LLC (Domtar).
Full Text
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<title>Federal Register, Volume 89 Issue 178 (Friday, September 13, 2024)</title>
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[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Rules and Regulations]
[Pages 74847-74850]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20668]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0277; FRL-12065-02-R4]
Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call
Alternative Monitoring and Domtar Paper Company, LLC
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 Tennessee Department of Environment and Conservation
(TDEC), on June 26, 2023. The June 26, 2023, SIP revision specifies
monitoring, recordkeeping, and reporting requirements for large
industrial non-electricity generating units (EGUs) subject to the
nitrogen oxides (NO<INF>X</INF>) SIP Call that are permissible as
alternatives to the monitoring, recordkeeping, and reporting
requirements of 40 CFR part 75. The SIP revision also establishes
source-specific alternative monitoring, recordkeeping, and reporting
requirements under the NO<INF>X</INF> SIP Call for Domtar Paper
Company, LLC (Domtar).
DATES: This rule is effective October 15, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0277. 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
[[Page 74848]]
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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can
also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#8de1ecffe2eeeeeca3feecffece5cde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="c6aaa7b4a9a5a5a7e8b5a7b4a7ae86a3b6a7e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On June 26, 2023, TDEC submitted a SIP revision with changes to
Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-27-.12(11)
(state effective November 24, 2022) to specify alternative
NO<INF>X</INF> monitoring, recordkeeping, and reporting requirements
for large industrial non-EGUs subject to the NO<INF>X</INF> SIP Call
that are permissible as alternatives to the monitoring, recordkeeping,
and reporting requirements of 40 CFR part 75. The June 26, 2023,
submittal also requests that EPA approve into Tennessee's SIP Tennessee
Air Pollution Control Board operating permit No. 079291 for Domtar,
State effective on January 12, 2022, to establish alternative
NO<INF>X</INF> monitoring, recordkeeping, and reporting requirements
for the No. 2 Power Boiler at this facility, as meeting the
requirements of 40 CFR 51.121(i). The submission includes a
demonstration under Clean Air Act (CAA) section 110(l) intended to show
that these revisions would not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA.
Through a notice of proposed rulemaking (NPRM) published on July
16, 2024 (89 FR 57823), EPA proposed to approve the changes to TAPCR
1200-03-27-.12(11) and Tennessee Air Pollution Control Board operating
permit No. 079291 for Domtar into Tennessee's SIP. Adopting TAPCR 1200-
03-27-.12(11) into Tennessee's SIP also satisfies the condition in the
conditional approval actions for Packaging Corporation of America (88
FR 8771; February 10, 2023) and Eastman Chemical Company (88 FR 14276;
March 8, 2023) and EPA is converting those conditional approvals to
full approvals through this final action. The contents of TDEC's
submission, EPA's rationale for approving the changes, and EPA's
rationale for converting the conditional approval actions for Packaging
Corporation of America and Eastman Chemical Company to full approvals,
are described in more detail in the July 16, 2024, NPRM. Comments on
the July 16, 2024, NPRM were due on or before August 15, 2024. EPA did
not receive any comments, 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 this preamble, EPA is finalizing
the incorporation by reference of TAPCR 1200-03-27-.12(11), state
effective on November 24, 2022, into Tennessee's SIP. EPA is also
incorporating by reference Tennessee Air Pollution Control Board
operating permit No. 079291 for Domtar, state effective on January 12,
2022, into Tennessee's SIP. 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 approving the aforementioned Tennessee SIP revision
consisting of changes to TAPCR 1200-03-27-.12(11) (state effective on
November 24, 2022) and Tennessee Air Pollution Control Board operating
permit No. 079291 for Domtar (state effective on January 12, 2022) into
the SIP. EPA is also converting the conditional approval actions for
Packaging Corporation of America (88 FR 8771; February 10, 2023) and
Eastman Chemical Company (88 FR 14276; March 8, 2023) to full
approvals.
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. 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
<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 rulemaking 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
[[Page 74849]]
agencies to identify and address ``disproportionately high and adverse
human health or environmental effects'' of their actions on communities
with environmental justice (EJ) concerns to the greatest extent
practicable and permitted by law. EPA defines 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. 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
environmental justice for communities with EJ concerns.
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 November 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: September 6, 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
Sec. 52.2219 [Removed and Reserved]
0
2. Remove and reserve Sec. 52.2219.
0
3. In Sec. 52.2220:
0
a. In paragraph (c), amend Table 1 under ``CHAPTER 1200-3-27 NITROGEN
OXIDES'' by revising the entry for ``Section 1200-3-27-.12''; and
0
b. In paragraph (d), amend the table by:
0
i. Revising the entries for ``Packaging Corporation of America--Counce
Mill'', and ``Eastman Chemical Company'' at the end of the table; and
0
ii. Adding an entry for ``Domtar Paper Company, LLC'' at the end of the
table.
The revisions and additions read 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 EPA approval date Explanation
date
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Chapter 1200-3-27 Nitrogen Oxides
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Section 1200-3-27-.12............ NOX SIP Call 12/12/2019 9/13/2024, [Insert Except for 1200-3-27-
Requirements for first page of .12(11), which has
Stationary Boilers Federal Register a state effective
and Combustion citation]. date of November
Turbines. 24, 2022. The
remainder of 1200-3-
27-.12 remains in
the SIP with a
state effective
date of December
12, 2019.
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(d) * * *
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State
Name of source Permit No. effective EPA approval date Explanation
date
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* * * * * * *
Packaging Corporation of America-- 078563 6/10/2021 9/13/2024, [Insert Converting February 10,
Counce Mill. first page of. 2023 conditional
Federal Register approval to full
citation]. approval.
Eastman Chemical Company............ 077509 8/11/2021 9/13/2024, [Insert Converting March 8,
first page of. 2023 conditional
Federal Register approval to full
citation]. approval.
[[Page 74850]]
Domtar Paper Company, LLC........... 079291 1/12/2022 9/13/2024, [Insert .......................
first page of.
Federal Register
citation].
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[FR Doc. 2024-20668 Filed 9-12-24; 8:45 am]
BILLING CODE 6560-50-P
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