Rule2024-26928
Air Plan Approval; Shelby County, Tennessee; Revisions to Startup, Shutdown, and Malfunction Rules
Primary source
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Published
November 20, 2024
Effective
December 20, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision submitted by the Tennessee Department of Environment and Conservation (TDEC) on behalf of Shelby County Health Department (SCHD) Pollution Control Section on March 2, 2022. This revision was submitted in response to a finding of substantial inadequacy and SIP call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. The revision contains amended air codes of Shelby County and the following municipalities within Shelby County: Town of Arlington, City of Bartlett, Town of Collierville, City of Germantown, City of Lakeland, City of Memphis, and Town of Millington (referred to hereinafter as the "included municipalities"). EPA is also approving the SIP revision's other changes to the affected Chapter, which are unrelated to the SIP call but of which Shelby County and the included municipalities are also requesting incorporation into the Shelby County portion of the Tennessee SIP. EPA is approving the portions of the SIP revision that correct certain deficiencies identified in the June 12, 2015, SSM SIP call and that are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91572-91574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26928]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0361; FRL-12238-02-R4]
Air Plan Approval; Shelby County, Tennessee; Revisions to
Startup, Shutdown, and Malfunction Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a State Implementation Plan (SIP) revision submitted by the
Tennessee Department of Environment and Conservation (TDEC) on behalf
of Shelby County Health Department (SCHD) Pollution Control Section on
March 2, 2022. This revision was submitted in response to a finding of
substantial inadequacy and SIP call published on June 12, 2015,
concerning excess emissions during startup, shutdown, and malfunction
(SSM) events. The revision contains amended air codes of Shelby County
and the following municipalities within Shelby County: Town of
Arlington, City of Bartlett, Town of Collierville, City of Germantown,
City of Lakeland, City of Memphis, and Town of Millington (referred to
hereinafter as the ``included municipalities''). EPA is also approving
the SIP revision's other changes to the affected Chapter, which are
unrelated to the SIP call but of which Shelby County and the included
municipalities are also requesting incorporation into the Shelby County
portion of the Tennessee SIP. EPA is approving the portions of the SIP
revision that correct certain deficiencies identified in the June 12,
2015, SSM SIP call and that are in accordance with the requirements for
SIP provisions under the Clean Air Act (CAA or Act).
DATES: This rule is effective December 20, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R4-OAR-2023-0361. 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 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: Estelle Bae, Air Permitting 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) 562-9143.
Ms. Bae can also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#9dfffcf8b3f8eee9f8f1f1f8ddf8edfcb3faf2eb"><span class="__cf_email__" data-cfemail="385a595d165d4b4c5d54545d785d4859165f574e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On March 2, 2022, Tennessee transmitted a SIP revision from SCHD in
response to the SIP call issued in the June 12, 2015, action titled
``State Implementation Plans: Response to Petition for Rulemaking;
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
to Excess Emissions During Periods of Startup, Shutdown, and
Malfunction'' (``2015 SSM SIP Action'') \1\ and requested revisions to
the Shelby County portion of the Tennessee SIP.\2\ In a notice of
proposed rulemaking (NPRM) published on September 12, 2024, EPA
proposed to approve the March 2, 2022, SIP revision with certain
exceptions. Specifically, EPA proposed in the NPRM to incorporate by
reference, with certain exceptions, revisions to the City of Memphis
Air Code Section 9-12-24, locally effective on February 22, 2022, which
itself adopts by reference Tennessee Air Pollution Control Regulations
(TAPCR) Chapter 1200-3-20, titled ``Limits on Emissions due to
Malfunctions, Startups, and Shutdowns,'' as effective on December 5,
2018, into City of Memphis Air Code Section 9-12-24 (formerly Section
16-87).<SUP>3 4 5</SUP> SCHD has excluded certain parts of the adoption
by reference of TAPCR Chapter 1200-3-20 from its request for EPA
approval of City of Memphis Air Code Section 9-12-24 into the SIP.
Specifically, in the March 2, 2022, SIP revision, SCHD requests that
Section 1200-3-20-.06(5) not be incorporated into the Shelby County
portion of the Tennessee SIP. In addition, on June 30, 2023, EPA
received a request submitted
[[Page 91573]]
by TDEC, on behalf of SCHD, to withdraw the portion of its submission
making changes to TAPCR Section 1200-3-20-.03, new TAPCR Section 1200-
3-20-.06(1), and new TAPCR Section 1200-3-20-.06(4), as submitted in
the March 2, 2022, SIP revision.\6\ EPA's rationale for the approval is
explained in the September 12, 2024, NPRM. See 89 FR 74165. Comments on
the September 12, 2024, NPRM were due on or before October 3, 2024. EPA
did not receive any comments on the September 12, 2024, NPRM.
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\1\ See 80 FR 33839 (June 12, 2015).
\2\ See 54 FR 25456 (June 15, 1989). EPA had initially approved
the City of Memphis Code into the Tennessee SIP under ``Memphis and
Shelby County.'' See id. Included in ``Memphis and Shelby County''
are Shelby County and the following municipalities: Town of
Arlington, City of Bartlett, Town of Collierville, City of
Germantown, City of Lakeland, City of Memphis, and Town of
Millington. Shelby County Health Department's Air Pollution Control
Branch recommends to the aforementioned municipalities regulatory
revisions, which, with this approval adopts by Shelby County and
these included municipalities, which implement and enforce the
regulations within their respective jurisdictions. As the air
pollution control regulations/ordinances adopted by those
jurisdictions are substantively identical, EPA had selected just one
to represent the SIP compilations for Shelby County and the included
municipalities: the City of Memphis Air Code. Thus, the SIP-called
provision from the Shelby County portion of the Tennessee SIP that
was identified in the 2015 SSM SIP Action was City of Memphis Air
Code (although it was referred to as ``Shelby County Code'') Section
16-87. For simplicity and brevity, since the jurisdictions'
regulations/ordinances remain substantively identical, EPA will
continue to refer to the City of Memphis Air Code throughout this
rulemaking action to represent the regulations/ordinances of Shelby
County and the included municipalities.
\3\ One of the intervening changes that EPA is approving as part
of this rulemaking action is changing the relevant City of Memphis
Air Code reference in the SIP from Section 16-87 to Section 9-12-24.
The title of this section remains ``Malfunctions, Startups and
Shutdowns.''
\4\ EPA is finalizing the incorporation by reference--with
certain exceptions--into the Shelby County portion of the Tennessee
SIP, the City of Memphis Air Code Section 9-12-24 (formerly Section
16-87), locally effective on February 22, 2022, which adopts by
reference the December 5, 2018, State-effective version of TAPCR
Chapter 1200-3-20, ``Limits on Emissions Due to Malfunctions,
Startups, and Shutdowns.'' EPA is also incorporating by reference
the following sections that contain substantively identical changes:
Shelby County--Section 3-9 (locally effective on January 13, 2020);
Town of Arlington--Section 20-101 (locally effective on November 2,
2020); City of Bartlett--Section 20-101 (locally effective on
December 8, 2020); Town of Collierville--Section 96.02 (locally
effective on November 23, 2020); City of Germantown--Section 9-
21(24) (locally effective on July 12, 2021); City of Lakeland--
Section 20-101 (locally effective on February 10, 2022); Town of
Millington--Section 20-101 (locally effective on October 12, 2020).
See the cover letter of the SIP revision dated March 1, 2022, with
the subject line ``Request to Incorporate Revisions into the Shelby
County and Included Municipalities Ordinance into the SIP for
Tennessee as Response to EPA's SIP Call'' in the docket for this
rulemaking action for evidence of adoption into the air codes of
Shelby County and the included municipalities.
\5\ The State-effective dates for the rules within TAPCR Chapter
1200-3-20 that were in effect on December 5, 2018, are: 1200-3-
20-.01, ``Purpose''--September 26, 1994; 1200-3-20-.02, ``Reasonable
Measures Required''--November 11, 1997; 1200-3-20-.04, ``Logs and
Reports''--June 19, 2013; 1200-3-20-.05, ``Copies of Log
Required''--September 26, 1994; 1200-3-20-.06, ``Report Required
Upon The Issuance of a Notice of Violation''--November 16, 2016;
1200-3-20-.07, ``Special Reports Required''--September 26, 1994;
1200-3-20-.08, ``Rights Reserved''--September 26, 1994; and 1200-3-
20-.09, ``Additional Sources Covered''--September 26, 1994. 1200-3-
20-.03 was withdrawn from Shelby County's submission. There were no
substantive changes to 1200-3-20-.05.
\6\ The June 30, 2023, letter from TDEC is included in the
docket for this action, as is SCHD's June 29, 2023, letter regarding
withdrawal of certain provisions.
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II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference.\7\ In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference, with certain exceptions, of
City of Memphis Air Code Section 9-12-24 (formerly Section 16-87),
locally effective on February 22, 2022, which itself adopts by
reference TAPCR Chapter 1200-3-20, as State effective on December 5,
2018, with the following exceptions: EPA is not incorporating TAPCR
Section 1200-3-20-.03, 1200-3-20-.06(1), 1200-3-20-.06(4), and
1200-.03-20-.06(5).\8\ These revisions are intended, in part, to
conform Shelby County's regulations with the State of Tennessee's SIP-
approved regulations. EPA has made and will continue to make these
materials generally available through <a href="https://www.regulations.gov">https://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.\9\
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\7\ EPA's approval of the changes to and incorporation by
reference of City of Memphis Air Code Section 9-12-24 also includes
the approval of substantively identical changes to regulations/
ordinances submitted for Shelby County and the other included
municipalities and the incorporation by reference of those impacted
sections in these jurisdictions. See footnote 4, above.
\8\ EPA is not incorporating by reference into the Shelby County
portion of the Tennessee SIP the adoption by reference of TAPCR
Section 1200-3-20-.03, 1200-03-20-.06(1), 1200-3-20-.06(4), and
1200-03-20-.06(5).
\9\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the portion of Tennessee's March 2, 2022, SIP
revision that makes changes to the Shelby County portion of the
Tennessee SIP under City of Memphis Air Code Section 9-12-24 (formerly
Section 16-87), which adopts by reference portions of TAPCR Chapter
1200-3-20 as effective on December 5, 2018. Specifically, EPA is
approving the changes to the adoption by reference of Section 1200-3-
20-.01, ``Purpose''; Section 1200-3-20-.02, ``Reasonable Measures
Required''; Section 1200-3-20-.04, ``Logs and Reports''; Section 1200-
3-20-.06, ``Report Required Upon the Issuance of Notice of Violation,''
renumbered from 1200-3-20-.07, except for 1200-3-20-.06(1), 1200-3-
20-.06(4), and 1200-3-20-.06(5); Section 1200-3-20-.07, ``Special
Reports Required,'' renumbered from 1200-3-20-.08; and Section 1200-3-
20-.09, ``Additional Source Covered,'' renumbered from 1200-3-20-10.
EPA is also approving the addition of Section 1200-3-20-.08, ``Rights
Reserved.'' EPA is also approving the removal of Section 1200-3-20-.06,
``Scheduled Maintenance.''
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
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 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.''
SCHD 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
[[Page 91574]]
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
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 January 21, 2025. 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: November 12, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the 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 2 under the heading ``Division IV--
Emission Standards'' by:
0
a. Adding ``Section 9-12-24 Limits on Emissions due to Malfunctions,
Startups, and Shutdowns'' to be in numerical order; and
0
b. Revising ``Section 16-87 Limits on Emissions due to Malfunctions,
Startups, and Shutdowns.''
The addition and revision read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA Approved Memphis-Shelby County Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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* * * * * * *
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Division IV Source Emissions Standards
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Section 9-12-24.................. Limits on Emissions 2/22/22 11/20/2024, [Insert With the exception
due to first page of of TAPCR Section
Malfunctions, Federal Register 1200-3-20-.03,
Startups & citation]. .06(1), (4) and
Shutdowns. (5). With the same
exceptions, EPA's
approval includes
the corresponding
sections of the
Air Pollution
Control
Regulations/
Ordinances for the
remaining
jurisdictions
within Shelby
County: Shelby
County--Section 3-
9 (locally
effective on
January 13, 2020);
Town of Arlington--
Section 20-101
(locally effective
on November 2,
2020); City of
Bartlett--Section
20-101 (locally
effective on
December 8, 2020);
Town of
Collierville--Sect
ion 96.02 (locally
effective on
November 23,
2020); City of
Germantown--Sectio
n 9-21(24)
(locally effective
on July 12, 2021);
City of Lakeland--
Section 20-101
(locally effective
on February 10,
2022); and Town of
Millington--Sectio
n 20-101 (locally
effective on
October 12, 2020).
* * * * * * *
Section 16-87.................... Limits on Emissions 8/14/89 11/20/2024, [Insert Only TAPCR Section
due to first page of 1200-3-20-.03 with
Malfunctions, Federal Register a State effective
Startups & citation]. date of March 21,
Shutdowns. 1979, and the
first sentence of
TAPCR Section 1200-
3-20-.07(1) with a
State effective
date of December
14, 1981.
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[FR Doc. 2024-26928 Filed 11-19-24; 8:45 am]
BILLING CODE 6560-50-P
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