Air Plan Approval; TN: Revisions to Logs and Reports for Startups, Shutdowns and Malfunctions, 66826-66829 [2016-23302]

Download as PDF 66826 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION [Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012] State/local citation State/local effective date Title/subject * * * EPA approval date * Explanations * * * Washington Department of Ecology Regulations Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources * 173–400–110 ............. * * New Source Review (NSR) for Sources and Portable Sources. * 173–400–112 ............. * * Requirements for New Sources in Nonattainment Areas—Review for Compliance with Regulations. * * * * * * 12/29/12 * * 9/29/16 [Insert Federal Register citation]. 12/29/12 * * 9/29/16 [Insert FEDERAL REGISTER citation]. * * [FR Doc. 2016–23298 Filed 9–28–16; 8:45 am] * mstockstill on DSK3G9T082PROD with RULES 40 CFR Part 52 [EPA–R04–OAR–2015–0403; FRL–9953–05– Region 4] Air Plan Approval; TN: Revisions to Logs and Reports for Startups, Shutdowns and Malfunctions Environmental Protection Agency. 22:57 Sep 28, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4700 ACTION: Sfmt 4700 * * * Final rule. 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 September 25, 2013. The SIP submittal includes a change to the TDEC regulation ‘‘Logs and Reports.’’ EPA is approving this SIP revision because it is consistent with the Clean Air Act (CAA SUMMARY: BILLING CODE 6560–50–P VerDate Sep<11>2014 * * ENVIRONMENTAL PROTECTION AGENCY AGENCY: * * Except: 173–400–110(1)(c)(ii)(C); 173–400– 110(1)(e); 173–400–110(2)(d); The part of WAC 173–400–110(4)(b)(vi) that says, • ‘‘not for use with materials containing toxic air pollutants, as listed in chapter 173–460 WAC,’’; The part of 400–110(4)(e)(iii) that says, • ‘‘where toxic air pollutants as defined in chapter 173–460 WAC are not emitted’’; The part of 400–110(4)(f)(i) that says, • ‘‘that are not toxic air pollutants listed in chapter 173–460 WAC’’; The part of 400–110(4)(h)(xviii) that says, • ‘‘, to the extent that toxic air pollutant gases as defined in chapter 173–460 WAC are not emitted’’; The part of 400–110(4)(h)(xxxiii) that says, • ‘‘where no toxic air pollutants as listed under chapter 173–460 WAC are emitted’’; The part of 400–110(4)(h)(xxxiv) that says, • ‘‘, or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; The part of 400–110(4)(h)(xxxv) that says, • ‘‘or ≤1% (by weight) toxic air pollutants’’; The part of 400–110(4)(h)(xxxvi) that says, • ‘‘or ≤1% (by weight) toxic air pollutants as listed in chapter 173–460 WAC’’; 400– 110(4)(h)(xl), second sentence; The last row of the table in 173–400–110(5)(b) regarding exemption levels for Toxic Air Pollutants. E:\FR\FM\29SER1.SGM 29SER1 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES or Act) and federal regulations governing SIPs. DATES: This rule will be effective October 31, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2015–0403. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not 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 www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management 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: Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Akers can be reached by telephone at (404) 562–9089 or via electronic mail at akers.brad@epa.gov. SUPPLEMENTARY INFORMATION: I. This Action EPA is approving a revision to the Tennessee SIP submitted by TDEC on September 25, 2013. Specifically, the submittal includes a change to remove the existing text of subparagraph (2) from Tennessee Air Pollution Control Regulation (TAPCR) Rule 1200–3–20– .04, ‘‘Logs and Reports,’’ and replace it with the word ‘‘Reserved.’’ Subparagraph (2) provided that all sources located in or having a significant impact on a nonattainment area submit a quarterly report to the Technical Secretary of Tennessee’s Air Pollution Control Board that: (1) Identifies periods of startups, shutdowns, and/or malfunctions (SSM events) that result in an exceedance of an emission limitation, (2) estimates the excess emissions released during such VerDate Sep<11>2014 22:57 Sep 28, 2016 Jkt 238001 SSM events, and (3) provides total source emissions where such emissions are not otherwise required to be reported under Tennessee Air Pollution Control Regulations (TAPCR) Chapters 1200–3–10-.02 or 1200–3–16. EPA is approving Tennessee’s September 25, 2013, SIP revision because the proposed revision is consistent with the requirements of the CAA and federal regulations governing SIPs. EPA received no comments on the July 27, 2016 (81 FR 49201), proposed rulemaking. II. Background A. Summary of the September 25, 2013, SIP Revision The CAA and rules governing SIPs in 40 CFR part 51 require recordkeeping and reporting to ensure that sources are in compliance with enforceable emission limits. Paragraph (2) of TAPCR Rule 1200–3–20–.04 initially helped to satisfy these requirements by providing for quarterly reports of excess emissions during SSM events, as well as total quarterly emissions. Removing this paragraph eliminates a set of requirements covering all source types, including major sources; sources that restrain their ‘‘potential to emit’’ to a level that is below the major source applicability threshold through the use of emissions control, restriction on hours of operation, or other means (‘‘synthetic minor source’’); and those sources for which potential emissions are below the major source thresholds, even assuming no emission controls and unlimited hours of operation (‘‘true minor sources’’). Tennessee’s September 25, 2013, SIP submittal demonstrates that CAA requirements for recordkeeping and reporting will continue to be met, as applicable, considering other federal and state regulations. Major sources in Tennessee are subject to title V of the CAA at 40 CFR part 70. This requires: (1) Sources to submit reports of any required monitoring at least every six months at 40 CFR 70.6(a)(3)(iii)(A), including all instances of deviations from permit requirements; (2) an annual compliance certification at 40 CFR 70.6(c)(5); and (3) prompt reporting of deviations from permit requirements at 40 CFR 70.6(a)(3)(iii)(B). TDEC has adopted these requirements into its federallyapproved title V operating permits program at TAPCR Rule 1200–3–9– .02(11)(e)1(iii)(III)I, 1200–3–9– .02(11)(e)3(v), and 1200–3–9– .02(11)(e)1(iii)(III)II, respectively. In addition to the title V reporting requirements, Tennessee’s SIP PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 66827 authorizes the Tennessee Air Pollution Control Board’s Technical Secretary to require enhanced reporting as needed to verify that a ‘‘major stationary source’’ is operating in compliance with applicable requirements. See TAPCR Chapter 1200–3–10–.04(2). Likewise, Tennessee’s SIP at TAPCR Rule 1200–3– 10–.02, ‘‘Monitoring of Source Emissions, Recording, Reporting of the Same are Required,’’ at paragraph (1)(a) states: ‘‘The Technical Secretary may require the owner or operator of any air contaminant source discharging air contaminants . . . to . . . make periodic emission reports as required in paragraph (2).’’ Paragraph (2)(a) clarifies that ‘‘[r]ecords and reports as the Technical Secretary shall prescribe,’’ must be collected and submitted. Finally, TAPCR Rule 1200–3–20–.08, ‘‘Special Reports Required,’’ states that the Technical Secretary ‘‘may require any air contaminant source to submit a report within thirty (30) days after the end of each calendar quarter’’ containing dates and details of any SSM events and resultant emissions in excess of applicable limitations. Thus, the SIP contains provisions that allow TDEC to collect reports similar to those in TAPCR 1200–3–20–.04(2) when deemed necessary to determine a source’s compliance with applicable requirements. TAPCR 1200–3–20– .04(1), requiring sources to collect and maintain records regarding SSM events and resultant excess emissions, also remains in effect. Regarding total emissions, the State is also required to report to EPA triennial reports of annual (12-month) emissions for all sources and every-year reports of annual emissions of criteria air pollutants and their precursors for all major sources as well as annual emissions reporting from certain larger sources. See subpart A to 40 CFR part 51, the ‘‘Air Emissions Reporting Requirements,’’ or ‘‘AERR.’’ Further details are provided in the July 27, 2016, proposed rule. Synthetic minor sources, in accordance with SIP-approved TAPCR 1200–3–9–.02(11)(a), are subject to an enforceable limit restricting potential to emit and must implement ‘‘detailed monitoring, reporting and recordkeeping requirements that prove the source is abiding by its more restrictive emission and/or production limits.’’ TDEC’s synthetic minor permits require: (1) Prompt reporting of any non-compliance with permit conditions designed to restrict ‘‘potential to emit’’ below the major source level (the ‘‘synthetic minor limit’’), (2) submission of an annual compliance certification supported by records documenting the E:\FR\FM\29SER1.SGM 29SER1 mstockstill on DSK3G9T082PROD with RULES 66828 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations facility’s compliance with its synthetic minor limit, and (3) reporting of excess emissions due to malfunctions in accordance with TAPCR Chapter 1200– 3–20–.03. Thus, Tennessee can determine compliance with the applicable permit conditions for synthetic minor sources. Reserving paragraph TAPCR 1200–3– 20–.04(2) eliminates the requirement that true minor sources report excess emissions and total emissions to the State. There is no general federal requirement for true minor sources to directly report their emissions to the state or to EPA. The State explains in its submittal that true minor sources were never intended to be required to make these types of reports, but that the regulated community has expanded to include many smaller sources since the Rule’s adoption in the TAPCR in 1979. Total emissions from true minor sources are still considered, either in aggregate or via specific reporting. True minor sources with emissions of oxides of nitrogen or volatile organic compounds above 25 tons per year (tpy) report total emissions annually to the State in ozone nonattainment areas, pursuant to TAPCR 1200–3–18–.02(8). Additionally, the AERR requires the state to report emissions from sources at lower thresholds for select criteria air pollutants or precursors in certain nonattainment areas, which may include true minor sources. The AERR also provides for reporting of lead emissions greater than or equal to 0.5 tpy, regardless of an area’s attainment status with respect to the lead NAAQS. Otherwise, emissions from true minor sources are reported to EPA in aggregate in accordance with the AERR. Finally, Tennessee noted the Technical Secretary’s authority under 1200–3–10– .02(1)(a) to collect reports from ‘‘any air contaminant source.’’ TDEC explains that if there were a reason to think a true minor source was impacting air quality standards, the Division of Air Pollution Control could collect these reports of emissions. The combination of federal reporting requirements, reporting requirements under Tennessee’s SIP, and Tennessee’s authority to request additional information on source emissions when necessary, provide that Tennessee’s September 25, 2013, SIP revision does not impair Tennessee’s ability to determine the nature and amount of emissions from both major and minor sources and whether such sources are operating in compliance with Tennessee’s SIP. Accordingly, EPA’s final approval of Tennessee’s September 25, 2013, SIP revision is consistent with the minimum SIP requirements VerDate Sep<11>2014 22:57 Sep 28, 2016 Jkt 238001 pertaining to enforceability and emissions reporting. For more information, see the July 27, 2016, proposed rule (81 FR 49201). EPA received no comments on the proposed rulemaking. B. SSM SIP Call Considerations In this action, EPA is not approving or disapproving revisions to any existing emission limitations that apply during SSM events. EPA notes that on June 12, 2015 (80 FR 33840), the Agency published a formal finding that a number of states have SIPs with SSM provisions that are contrary to the CAA and existing EPA guidance. Accordingly, EPA issued a formal ‘‘SIP call’’ requiring the affected states to make a SIP submission to correct the deficient SSM regulations. Id. In that final action, EPA determined that TAPCR Chapter 1200–3–20 has provisions that are contrary to the CAA, specifically paragraph (1) of Rule 1200– 3–20–.07, ‘‘Report Required upon the Issuance of Notice of Violation.’’ This final action only deals with the deletion of a separate reporting requirement which is reasonably covered by other requirements, and does not impact the provision of the Tennessee Rule implicated in the SSM SIP call, this proposed action does not contradict the finding of inadequacy regarding TAPCR 1200–3–20–.07(1). III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of TAPCR 1200–3–20–.04, entitled ‘‘Logs and Reports,’’ effective June 19, 2013, which removed a quarterly reporting requirement for total emissions and for excess emissions during SSM. 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 by the Director of the Federal Register in the next update to the SIP compilation.1 EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT 1 62 PO 00000 FR 27968 (May 22, 1997). Frm 00038 Fmt 4700 Sfmt 4700 section of this preamble for more information). IV. Final Action EPA is taking final action to approve the September 25, 2013, Tennessee SIP revision. This final approval includes the section 110(l) demonstration that modifying the SIP to remove TAPCR 1200–3–20–.04(2) will not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA, and the demonstration that the SIP revision is consistent with section 193 of the Act because it does not address any emissions reduction or emissions control requirement and will have no effect on the emissions of any air pollutant. 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 Act 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: • 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 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • 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.); • 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); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); E:\FR\FM\29SER1.SGM 29SER1 66829 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations • 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; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. 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 28, 2016. 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, Incorporation by reference, Reporting and recordkeeping requirements. Dated: September 15, 2016. Kenneth R. Lapierre, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42.U.S.C. 7401 et seq. Subpart RR—Tennessee 2. In § 52.2220, table 1 in paragraph (c) is amended by revising the entry for ‘‘Section 1200–3–20–.04’’ to read as follows: ■ § 52.2220 * Identification of plan. * * (c) * * * * * TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS State citation Title/subject * * * Chapter 1200–3–20 * * * * * * * * BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency mstockstill on DSK3G9T082PROD with RULES 44 CFR Part 64 [Docket ID FEMA–2016–0002; Internal Agency Docket No. FEMA–9999] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: VerDate Sep<11>2014 22:57 Sep 28, 2016 * * 6/19/2013 * Jkt 238001 Explanation * * 9/29/2016, [Insert Federal Register citation]. * This rule identifies a community where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that is scheduled for suspension on the effective date listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA’s Community Status Book PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 * * * * SUMMARY: [FR Doc. 2016–23302 Filed 9–28–16; 8:45 am] EPA approval date Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns * * * Section 1200–3–20–.04 .......... Logs and reports .................... * State effective date * (CSB). The CSB is available at https:// www.fema.gov/national-flood-programcommunity-status-book. The effective date of the community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. DATES: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646–4149. FOR FURTHER INFORMATION CONTACT: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from SUPPLEMENTARY INFORMATION: E:\FR\FM\29SER1.SGM 29SER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66826-66829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23302]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0403; FRL-9953-05-Region 4]

Air Plan Approval; TN: Revisions to Logs and Reports for
Startups, Shutdowns and Malfunctions

AGENCY: Environmental Protection Agency.

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 September 25, 2013. The SIP submittal includes a change to
the TDEC regulation ``Logs and Reports.'' EPA is approving this SIP
revision because it is consistent with the Clean Air Act (CAA

[[Page 66827]]

or Act) and federal regulations governing SIPs.

DATES: This rule will be effective October 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0403. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not 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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management 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: Brad Akers, Air Regulatory Management
Section, Air Planning and Implementation Branch, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be
reached by telephone at (404) 562-9089 or via electronic mail at
akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION:

I. This Action

EPA is approving a revision to the Tennessee SIP submitted by TDEC
on September 25, 2013. Specifically, the submittal includes a change to
remove the existing text of subparagraph (2) from Tennessee Air
Pollution Control Regulation (TAPCR) Rule 1200-3-20-.04, ``Logs and
Reports,'' and replace it with the word ``Reserved.'' Subparagraph (2)
provided that all sources located in or having a significant impact on
a nonattainment area submit a quarterly report to the Technical
Secretary of Tennessee's Air Pollution Control Board that: (1)
Identifies periods of startups, shutdowns, and/or malfunctions (SSM
events) that result in an exceedance of an emission limitation, (2)
estimates the excess emissions released during such SSM events, and (3)
provides total source emissions where such emissions are not otherwise
required to be reported under Tennessee Air Pollution Control
Regulations (TAPCR) Chapters 1200-3-10-.02 or 1200-3-16. EPA is
approving Tennessee's September 25, 2013, SIP revision because the
proposed revision is consistent with the requirements of the CAA and
federal regulations governing SIPs. EPA received no comments on the
July 27, 2016 (81 FR 49201), proposed rulemaking.

II. Background

A. Summary of the September 25, 2013, SIP Revision

The CAA and rules governing SIPs in 40 CFR part 51 require
recordkeeping and reporting to ensure that sources are in compliance
with enforceable emission limits. Paragraph (2) of TAPCR Rule 1200-3-
20-.04 initially helped to satisfy these requirements by providing for
quarterly reports of excess emissions during SSM events, as well as
total quarterly emissions. Removing this paragraph eliminates a set of
requirements covering all source types, including major sources;
sources that restrain their ``potential to emit'' to a level that is
below the major source applicability threshold through the use of
emissions control, restriction on hours of operation, or other means
(``synthetic minor source''); and those sources for which potential
emissions are below the major source thresholds, even assuming no
emission controls and unlimited hours of operation (``true minor
sources''). Tennessee's September 25, 2013, SIP submittal demonstrates
that CAA requirements for recordkeeping and reporting will continue to
be met, as applicable, considering other federal and state regulations.
Major sources in Tennessee are subject to title V of the CAA at 40
CFR part 70. This requires: (1) Sources to submit reports of any
required monitoring at least every six months at 40 CFR
70.6(a)(3)(iii)(A), including all instances of deviations from permit
requirements; (2) an annual compliance certification at 40 CFR
70.6(c)(5); and (3) prompt reporting of deviations from permit
requirements at 40 CFR 70.6(a)(3)(iii)(B). TDEC has adopted these
requirements into its federally-approved title V operating permits
program at TAPCR Rule 1200-3-9-.02(11)(e)1(iii)(III)I, 1200-3-
9-.02(11)(e)3(v), and 1200-3-9-.02(11)(e)1(iii)(III)II, respectively.
In addition to the title V reporting requirements, Tennessee's SIP
authorizes the Tennessee Air Pollution Control Board's Technical
Secretary to require enhanced reporting as needed to verify that a
``major stationary source'' is operating in compliance with applicable
requirements. See TAPCR Chapter 1200-3-10-.04(2). Likewise, Tennessee's
SIP at TAPCR Rule 1200-3-10-.02, ``Monitoring of Source Emissions,
Recording, Reporting of the Same are Required,'' at paragraph (1)(a)
states: ``The Technical Secretary may require the owner or operator of
any air contaminant source discharging air contaminants . . . to . . .
make periodic emission reports as required in paragraph (2).''
Paragraph (2)(a) clarifies that ``[r]ecords and reports as the
Technical Secretary shall prescribe,'' must be collected and submitted.
Finally, TAPCR Rule 1200-3-20-.08, ``Special Reports Required,'' states
that the Technical Secretary ``may require any air contaminant source
to submit a report within thirty (30) days after the end of each
calendar quarter'' containing dates and details of any SSM events and
resultant emissions in excess of applicable limitations. Thus, the SIP
contains provisions that allow TDEC to collect reports similar to those
in TAPCR 1200-3-20-.04(2) when deemed necessary to determine a source's
compliance with applicable requirements. TAPCR 1200-3-20-.04(1),
requiring sources to collect and maintain records regarding SSM events
and resultant excess emissions, also remains in effect.
Regarding total emissions, the State is also required to report to
EPA triennial reports of annual (12-month) emissions for all sources
and every-year reports of annual emissions of criteria air pollutants
and their precursors for all major sources as well as annual emissions
reporting from certain larger sources. See subpart A to 40 CFR part 51,
the ``Air Emissions Reporting Requirements,'' or ``AERR.'' Further
details are provided in the July 27, 2016, proposed rule.
Synthetic minor sources, in accordance with SIP-approved TAPCR
1200-3-9-.02(11)(a), are subject to an enforceable limit restricting
potential to emit and must implement ``detailed monitoring, reporting
and recordkeeping requirements that prove the source is abiding by its
more restrictive emission and/or production limits.'' TDEC's synthetic
minor permits require: (1) Prompt reporting of any non-compliance with
permit conditions designed to restrict ``potential to emit'' below the
major source level (the ``synthetic minor limit''), (2) submission of
an annual compliance certification supported by records documenting the

[[Page 66828]]

facility's compliance with its synthetic minor limit, and (3) reporting
of excess emissions due to malfunctions in accordance with TAPCR
Chapter 1200-3-20-.03. Thus, Tennessee can determine compliance with
the applicable permit conditions for synthetic minor sources.
Reserving paragraph TAPCR 1200-3-20-.04(2) eliminates the
requirement that true minor sources report excess emissions and total
emissions to the State. There is no general federal requirement for
true minor sources to directly report their emissions to the state or
to EPA. The State explains in its submittal that true minor sources
were never intended to be required to make these types of reports, but
that the regulated community has expanded to include many smaller
sources since the Rule's adoption in the TAPCR in 1979. Total emissions
from true minor sources are still considered, either in aggregate or
via specific reporting. True minor sources with emissions of oxides of
nitrogen or volatile organic compounds above 25 tons per year (tpy)
report total emissions annually to the State in ozone nonattainment
areas, pursuant to TAPCR 1200-3-18-.02(8). Additionally, the AERR
requires the state to report emissions from sources at lower thresholds
for select criteria air pollutants or precursors in certain
nonattainment areas, which may include true minor sources. The AERR
also provides for reporting of lead emissions greater than or equal to
0.5 tpy, regardless of an area's attainment status with respect to the
lead NAAQS. Otherwise, emissions from true minor sources are reported
to EPA in aggregate in accordance with the AERR. Finally, Tennessee
noted the Technical Secretary's authority under 1200-3-10-.02(1)(a) to
collect reports from ``any air contaminant source.'' TDEC explains that
if there were a reason to think a true minor source was impacting air
quality standards, the Division of Air Pollution Control could collect
these reports of emissions.
The combination of federal reporting requirements, reporting
requirements under Tennessee's SIP, and Tennessee's authority to
request additional information on source emissions when necessary,
provide that Tennessee's September 25, 2013, SIP revision does not
impair Tennessee's ability to determine the nature and amount of
emissions from both major and minor sources and whether such sources
are operating in compliance with Tennessee's SIP. Accordingly, EPA's
final approval of Tennessee's September 25, 2013, SIP revision is
consistent with the minimum SIP requirements pertaining to
enforceability and emissions reporting. For more information, see the
July 27, 2016, proposed rule (81 FR 49201). EPA received no comments on
the proposed rulemaking.

B. SSM SIP Call Considerations

In this action, EPA is not approving or disapproving revisions to
any existing emission limitations that apply during SSM events. EPA
notes that on June 12, 2015 (80 FR 33840), the Agency published a
formal finding that a number of states have SIPs with SSM provisions
that are contrary to the CAA and existing EPA guidance. Accordingly,
EPA issued a formal ``SIP call'' requiring the affected states to make
a SIP submission to correct the deficient SSM regulations. Id. In that
final action, EPA determined that TAPCR Chapter 1200-3-20 has
provisions that are contrary to the CAA, specifically paragraph (1) of
Rule 1200-3-20-.07, ``Report Required upon the Issuance of Notice of
Violation.'' This final action only deals with the deletion of a
separate reporting requirement which is reasonably covered by other
requirements, and does not impact the provision of the Tennessee Rule
implicated in the SSM SIP call, this proposed action does not
contradict the finding of inadequacy regarding TAPCR 1200-3-20-.07(1).

III. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of TAPCR 1200-3-
20-.04, entitled ``Logs and Reports,'' effective June 19, 2013, which
removed a quarterly reporting requirement for total emissions and for
excess emissions during SSM. 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 by
the Director of the Federal Register in the next update to the SIP
compilation.\1\ EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and/or at the
EPA Region 4 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------

\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

EPA is taking final action to approve the September 25, 2013,
Tennessee SIP revision. This final approval includes the section 110(l)
demonstration that modifying the SIP to remove TAPCR 1200-3-20-.04(2)
will not interfere with attainment or maintenance of any NAAQS or with
any other applicable requirement of the CAA, and the demonstration that
the SIP revision is consistent with section 193 of the Act because it
does not address any emissions reduction or emissions control
requirement and will have no effect on the emissions of any air
pollutant.

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 Act 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:
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 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
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.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);

[[Page 66829]]

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; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 28, 2016. 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, Incorporation by reference, Reporting and
recordkeeping requirements.

Dated: September 15, 2016.
Kenneth R. Lapierre,
Acting Regional Administrator, Region 4.

40 CFR part 52 is amended 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, table 1 in paragraph (c) is amended by revising
the entry for ``Section 1200-3-20-.04'' to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *
(c) * * *

Table 1--EPA-Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 1200-3-20 Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 1200-3-20-.04............ Logs and reports... 6/19/2013 9/29/2016, [Insert ...................
Federal Register
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-23302 Filed 9-28-16; 8:45 am]
BILLING CODE 6560-50-P

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