Rule2025-22564
Air Plan Approval; Tennessee; Second Period Regional Haze Plan
Primary source
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Published
December 11, 2025
Effective
January 12, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a regional haze State Implementation Plan (SIP) revision submitted by Tennessee Department of Environmental Conservation (TDEC), dated February 23, 2022, ("Haze Plan" or "2022 Plan"), as satisfying applicable requirements under the Clean Air Act (CAA or Act) and EPA's Regional Haze Rule (RHR) for the regional haze program's second planning period. Tennessee's SIP submission addresses the requirement that states must periodically revise their long-term strategies (LTSs) for making reasonable progress toward the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas (hereinafter referred to as "Class I areas"). The SIP submission also addresses other applicable requirements for the second planning period of the regional haze program. EPA is taking this action pursuant to sections 110 and 169A of the Act.
Full Text
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<title>Federal Register, Volume 90 Issue 236 (Thursday, December 11, 2025)</title>
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[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Rules and Regulations]
[Pages 57367-57369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22564]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0308; FRL-10404-02-R4]
Air Plan Approval; Tennessee; Second Period Regional Haze Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
regional haze State Implementation Plan (SIP) revision submitted by
Tennessee Department of Environmental Conservation (TDEC), dated
February 23, 2022, (``Haze Plan'' or ``2022 Plan''), as satisfying
applicable requirements under the Clean Air Act (CAA or Act) and EPA's
Regional Haze Rule (RHR) for the regional haze program's second
planning period. Tennessee's SIP submission addresses the requirement
that states must periodically revise their long-term strategies (LTSs)
for making reasonable progress toward the national goal of preventing
any future, and remedying any existing, anthropogenic impairment of
visibility, including regional haze, in mandatory Class I Federal areas
(hereinafter referred to as ``Class I areas''). The SIP submission also
addresses other applicable requirements for the second planning period
of the regional haze program. EPA is taking this action pursuant to
sections 110 and 169A of the Act.
DATES: This rule is effective January 12, 2026.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0308. 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 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: 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#533132367d362027363f3f36133623327d343c25"><span class="__cf_email__" data-cfemail="543635317a31272031383831143124357a333b22">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On February 23, 2022, TDEC submitted a revision to its SIP to
address regional haze for the second planning period.\1\ TDEC made this
SIP submission to satisfy the requirements of the CAA's regional haze
program pursuant to CAA sections 169A and 169B and 40 Code of Federal
Regulations (CFR) 51.308. The 2022 Plan includes measures at Eastman
Chemical Company (Eastman) that Tennessee identified as necessary for
reasonable progress for the second planning period. These measures
include the permanent shutdown of Boilers 18-20,\2\ as well as a
combined sulfur dioxide (SO<INF>2</INF>) emissions limit of 1,396 tons
per year for Boilers 23 and 24 during any period of 12 consecutive
months, along with associated monitoring, recordkeeping, and reporting,
contained in Tennessee Operating Permit 079592. As discussed in further
detail in the August 19, 2025, notice of proposed rulemaking (NPRM) (90
FR 40272), this notice of final rulemaking, and the accompanying
Response to Comments document, EPA has determined that the Tennessee
regional haze SIP submission for the second planning period meets the
applicable statutory and regulatory
[[Page 57368]]
requirements and is thus approving Tennessee's submission.
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\1\ The February 23, 2022, SIP submission, with exception of the
supporting modeling files and Confidential Business Information, is
included in the docket for this rulemaking.
\2\ On June 6, 2025, TDEC informed EPA that Eastman completed
the planned shutdown of Boilers 18, 19, and 20, on February 24,
2025, October 21, 2024, and May 20, 2025, respectively. These three
boilers have been replaced with natural gas boilers. Based on
information received from Tennessee, the three natural gas boilers
have begun operation.
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On February 9, 2023, Tennessee separately submitted a SIP revision
regarding the SO<INF>2</INF> attainment demonstration for Sullivan
County, Tennessee, which provides source-specific SO<INF>2</INF>
emission limits for Eastman and associated compliance parameters for
incorporation into Tennessee's SIP.\3\ This submittal is referred to
throughout this Notice as the ``2023 Plan.'' On December 20, 2024,
Tennessee submitted a letter to EPA asking the Agency to incorporate
certain permit conditions from the 2023 Plan to generally strengthen
Tennessee's SIP.
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\3\ The February 9, 2023, SIP submission is included in the
docket for this rulemaking.
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In the August 19, 2025, NPRM, EPA proposed to approve Tennessee's
Haze Plan as satisfying the regional haze requirements for the second
planning period contained in the CAA and 40 CFR 51.308. EPA also
proposed to incorporate into Tennessee's SIP, as SIP strengthening
measures, portions of the 2023 Plan. EPA described its rationale for
these proposed approvals in the NPRM. Comments on the NPRM were due on
or before October 20, 2025.
II. Response to Comments
EPA's August 19, 2025, proposal provided a 60-day public comment
period that ended on October 20, 2025. EPA received five sets of
adverse comments during the comment period: one set of comments from
the National Parks Conservation Association (NPCA), Sierra Club, the
Coalition to Protect America's National Parks, and Tennessee Citizens
for Wilderness Planning (hereinafter ``Conservation Groups''); one set
of comments from the Mid-Atlantic/Northeast Visibility Union (MANE-VU);
one set of comments from Coalition to Protect America's National Parks,
Elders Climate Coalition for Climate Action, NAACP Nashville Branch,
National Parks Conservation Association, Sierra Club Tennessee Chapter,
Tennessee Citizens for Wilderness Planning, Tennessee Interfaith Power
and Light, and Third Act Tennessee; and sets of comments from two
individuals. EPA has responded to these comments in the Response to
Comments document included in the docket for this rulemaking. EPA also
received one comment in support of EPA's proposed approval from the
state of Tennessee, which is included in the docket.
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 and II of this preamble, EPA is
finalizing the incorporation by reference into Tennessee's SIP of
Operating Permit Number 079592 (State effective February 9, 2022) for
Eastman. EPA is also finalizing the incorporation by reference into
Tennessee's SIP of that portion of Condition 1 of Tennessee Operating
Permit Number 080222 (State effective March 1, 2023) containing the 30-
day rolling average SO<INF>2</INF> emission limit of 1,248 pounds per
hour (lb/hr) for Eastman Boilers 18 through 24, 30, and 31; all of
Condition 2 of Tennessee Operating Permit Number 080222 (State
effective March 1, 2023); that portion of Condition 3 of Tennessee
Operating Permit Number 080222 (State effective March 1, 2023)
containing the supporting monitoring, recordkeeping, and reporting
requirements for the 1,248 lb/hr SO<INF>2</INF> limit; and Attachment A
to Tennessee Operating Permit Number 080222 (State effective March 1,
2023). EPA is further finalizing the incorporation by reference into
Tennessee's SIP of Conditions E3-8 and E3-9 of Tennessee Operating
Permit Number 576501 (State effective October 1, 2021), which include
the 317 lb/hr and 293 lb/hr SO<INF>2</INF> limits applicable to Boilers
30 and 31; Condition E3-20; and Attachment 3 to this permit. 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.\4\
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\4\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving Tennessee's February 23, 2022, SIP revision as
satisfying the regional haze requirements for the second planning
period contained in 40 CFR 51.308(f). EPA is also incorporating into
Tennessee's SIP, as SIP strengthening measures, those portions of
Tennessee's February 9, 2023, SIP submission discussed above in Section
III (entitled Incorporation by Reference). Thus, EPA is adopting into
Tennessee's SIP the permit conditions identified in Section III above.
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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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).
[[Page 57369]]
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 February 9, 2026. 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, Nitrogen dioxide, Particulate matter, Sulfur oxides.
Dated: December 2, 2025.
Kevin McOmber,
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:
0
a. In paragraph (d), amend the table by adding three entries for
``Eastman Chemical Company'' at the end of the table; and
0
b. In paragraph (e), amend the table by adding an entry for ``Regional
Haze Plan--Second Planning Period'' at the end of the table.
The additions read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Tennessee Source-Specific Requirements
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State
Name of source Permit No. effective EPA approval date Explanation
date
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* * * * * * *
Eastman Chemical Company........... 079592 2/9/2022 12/11/2025, 90 FR ..........................
[Insert Federal
Register page where
the document begins].
Eastman Chemical Company........... 080222 3/1/2023 12/11/2025, 90 FR That portion of Condition
[Insert Federal 1 containing the 30-day
Register page where rolling average 1,248 lb/
the document begins]. hr SO2 emission limit for
Boilers 18 through 24,
30, and 31; Condition 2;
that portion of Condition
3 containing the
monitoring,
recordkeeping, and
reporting requirements
for the 1,248 lb/hr SO2
emission limit; and
Attachment A.
Eastman Chemical Company........... 576501 10/1/2021 12/11/2025, 90 FR Condition E3-8 and E3-9
[Insert Federal containing the SO2
Register page where emission limits for
the document begins]. Boilers 30 and 31;
Condition E3-20; and
Attachment 3.
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(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
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Applicable geographic State
Name of non-regulatory SIP provision or nonattainment effective EPA approval date Explanation
area date
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* * * * * * *
Regional Haze Plan--Second Planning Tennessee............. 2/23/2022 12/11/2025, 90 FR
Period. [Insert Federal
Register page where
the document begins].
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[FR Doc. 2025-22564 Filed 12-10-25; 8:45 am]
BILLING CODE 6560-50-P
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