Air Plan Approval; Tennessee; Attainment Plan for Sullivan County SO2, 30609-30622 [2018-14097]
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EPA is soliciting public comments on
the issues discussed in this proposal or
on other relevant matters. These
comments will be considered before
EPA takes final action. Interested parties
may participate in the Federal
rulemaking procedure by submitting
comments to this proposed rule by
following the instructions listed in the
ADDRESSES section of this Federal
Register.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act 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 Clean Air Act.
Accordingly, this proposed 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 proposed 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);
• 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 Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
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appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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).
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: June 22, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018–14068 Filed 6–28–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0626; FRL–9980–18–
Region 4]
Air Plan Approval; Tennessee;
Attainment Plan for Sullivan County
SO2 Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), to EPA on May
12, 2017, for attaining the 2010 1-hour
sulfur dioxide (SO2) primary national
ambient air quality standard (NAAQS)
for the Sullivan County SO2
nonattainment area (hereafter referred to
as the ‘‘Sullivan County Area’’ or
‘‘Area’’). The Sullivan County Area is
comprised of a portion of Sullivan
County in Tennessee surrounding the
Eastman Chemical Company (hereafter
referred to as ‘‘Eastman’’). This plan
(herein called a ‘‘nonattainment plan or
SIP’’ or ‘‘attainment plan or SIP’’)
includes Tennessee’s attainment
SUMMARY:
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30609
demonstration and other elements
required under the Clean Air Act (CAA
or Act). In addition to an attainment
demonstration, the plan addresses the
requirement for meeting reasonable
further progress (RFP) toward
attainment of the NAAQS, reasonably
available control measures and
reasonably available control technology
(RACM/RACT), base-year and
projection-year emissions inventories,
enforceable emissions limitations and
control measures, and contingency
measures. EPA proposes to conclude
that Tennessee has appropriately
demonstrated that the plan’s provisions
provide for attainment of the 2010 1hour primary SO2 NAAQS in the
Sullivan County Area and that the plan
meets the other applicable requirements
under the CAA.
DATES: Comments must be received on
or before July 30, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0626 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, 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. Mr. Akers can be
reached via telephone at (404) 562–9089
or via electronic mail at akers.brad@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Requirement for Tennessee to Submit an
SO2 Attainment Plan for the Sullivan
County Area
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II. Requirements for SO2 Attainment Plans
III. Attainment Demonstration and Longer
Term Averaging
IV. Review of Attainment Plan Requirements
A. Emissions Inventory
B. Attainment Modeling Demonstration
1. Model Selection
2. Meteorological Data
3. Emissions Data
4. Emission Limits
i. Enforceability
ii. Longer Term Average Limits
5. Background Concentration
6. Analysis of Multi-Stack Limit
7. Summary of Modeling Results
C. RACM/RACT
D. New Source Review (NSR)
E. Reasonable Further Progress (RFP)
F. Contingency Measures
V. Additional Elements of Tennessee’s
Submittal
VI. Incorporation by Reference
VII. EPA’s Proposed Action
VIII. Statutory and Executive Orders
I. Requirement for Tennessee To
Submit an SO2 Attainment Plan for the
Sullivan County Area
On June 22, 2010, EPA promulgated a
new 1-hour primary SO2 NAAQS of 75
parts per billion (ppb), which is met at
an ambient air quality monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations does not
exceed 75 ppb, as determined in
accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40
CFR 50.17(a)–(b). On August 5, 2013,
EPA designated a first set of 29 areas of
the country as nonattainment for the
2010 SO2 NAAQS. See 78 FR 47191,
codified at 40 CFR part 81, subpart C.
These designations included the
Sullivan County Area, which
encompasses the primary SO2 emitting
source Eastman and the nearby SO2
monitor (Air Quality Site ID: 47–163–
0007). These area designations were
effective October 4, 2013. Section 191(a)
of the CAA directs states to submit SIPs
for areas designated as nonattainment
for the SO2 NAAQS to EPA within 18
months of the effective date of the
designation, i.e., by no later than April
4, 2015 in this case. Under CAA section
192(a) these SIPs are required to
demonstrate that their respective areas
will attain the NAAQS as expeditiously
as practicable, but no later than 5 years
from the effective date of designation,
which is October 4, 2018. In addition,
sections 110(a) and 172(c), as well as
EPA regulations at 40 CFR part 51, set
forth substantive elements each SIP
must contain to be approved by EPA.
For the Sullivan County Area (and
many other areas), EPA published a
notice on March 18, 2016, that
Tennessee (and other pertinent states)
had failed to submit the required SO2
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nonattainment plan by this submittal
deadline. See 81 FR 14736. This finding
initiated a deadline under CAA section
179(a) for the potential imposition of
new source review and highway
funding sanctions. However, pursuant
to Tennessee’s submittal of May 12,
2017, and EPA’s subsequent letter dated
October 10, 2017, to Tennessee finding
the submittal complete and noting the
termination of these sanctions
deadlines, these sanctions under section
179(a) will not be imposed as a result
of Tennessee having missed the April 4,
2015 deadline. Under CAA section
110(c), the March 18, 2016 finding also
triggered a requirement that EPA
promulgate a federal implementation
plan (FIP) within two years of the
finding unless (a) the state has made the
necessary complete submittal and (b)
EPA has approved the submittal as
meeting applicable requirements.
II. Requirements for SO2 Attainment
Plans
To be approved by EPA,
nonattainment areas must provide SIPs
meeting the applicable requirements of
the CAA, and specifically CAA sections
110(a), 172, 191 and 192 for SO2. EPA’s
regulations governing nonattainment
SIPs are set forth at 40 CFR part 51, with
specific procedural requirements and
control strategy requirements residing at
subparts F and G, respectively. Soon
after Congress enacted the 1990
Amendments to the CAA, EPA issued
comprehensive guidance on SIPs, in a
document entitled the ‘‘General
Preamble for the Implementation of
Title I of the Clean Air Act Amendments
of 1990,’’ published at 57 FR 13498
(April 16, 1992) (General Preamble).
Among other things, the General
Preamble addressed SO2 SIPs and
fundamental principles for SIP control
strategies. Id., at 13545–49, 13567–68.
On April 23, 2014, EPA issued
recommended guidance for meeting the
statutory requirements in SO2 SIPs
under the 2010 revised NAAQS, in a
document entitled, ‘‘Guidance for 1Hour SO2 Nonattainment Area SIP
Submissions,’’ available at https://
www.epa.gov/sites/production/files/
2016-06/documents/20140423guidance_
nonattainment_sip.pdf (hereafter
referred to as EPA’s April 2014 SO2
guidance or guidance). In this guidance
EPA described the statutory
requirements for SO2 SIPs for
nonattainment areas, which includes:
An accurate emissions inventory of
current emissions for all sources of SO2
within the nonattainment area; an
attainment demonstration;
demonstration of RFP; implementation
of RACM (including RACT); new source
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review (NSR); enforceable emissions
limitations and control measures; and
adequate contingency measures for the
affected area.
For EPA to fully approve a SIP as
meeting the requirements of CAA
sections 110, 172 and 191–192, and
EPA’s regulations at 40 CFR part 51, the
SIP for the affected area needs to
demonstrate to EPA’s satisfaction that
each of the aforementioned
requirements have been met. Under
CAA sections 110(l) and 193, EPA may
not approve a SIP that would interfere
with any applicable requirement
concerning NAAQS attainment and
RFP, or any other applicable
requirement, and no requirement in
effect (or required to be adopted by an
order, settlement, agreement, or plan in
effect before November 15, 1990) in any
area which is a nonattainment area for
any air pollutant, may be modified in
any manner unless it insures equivalent
or greater emission reductions of such
air pollutant.
III. Attainment Demonstration and
Longer Term Averaging
CAA sections 172(c)(1) and (6) direct
states with areas designated as
nonattainment to demonstrate that the
submitted plan provides for attainment
of the NAAQS. 40 CFR part 51, subpart
G further delineates the control strategy
requirements that SIPs must meet, and
EPA has long required that all SIPs and
control strategies reflect four
fundamental principles of
quantification, enforceability,
replicability, and accountability.
General Preamble, at 13567–68. SO2
attainment plans must consist of two
components: (1) Emission limits and
other control measures that assure
implementation of permanent,
enforceable and necessary emission
controls, and (2) a modeling analysis
which meets the requirements of 40 CFR
part 51, appendix W which
demonstrates that these emission limits
and control measures provide for timely
attainment of the primary SO2 NAAQS
as expeditiously as practicable, but by
no later than the attainment date for the
affected area. In all cases, the emission
limits and control measures must be
accompanied by appropriate methods
and conditions to determine compliance
with the respective emission limits and
control measures and must be
quantifiable (i.e., a specific amount of
emission reduction can be ascribed to
the measures), fully-enforceable
(specifying clear, unambiguous and
measurable requirements for which
compliance can be practicably
determined), replicable (the procedures
for determining compliance are
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sufficiently specific and non-subjective
so that two independent entities
applying the procedures would obtain
the same result), and accountable
(source specific limits must be
permanent and must reflect the
assumptions used in the SIP
demonstrations).
EPA’s April 2014 SO2 guidance
recommends that the emission limits be
expressed as short-term average limits
(e.g., addressing emissions averaged
over one or three hours), but also
describes the option to utilize emission
limits with longer averaging times of up
to 30 days so long as the state meets
various suggested criteria. See EPA’s
April 2014 SO2 guidance, pp. 22 to 39.
The guidance recommends that—should
states and sources utilize longer
averaging times—the longer term
average limit should be set at an
adjusted level that reflects a stringency
comparable to the 1-hour average limit
at the critical emission value (CEV)
shown by modeling to provide for
attainment that the plan otherwise
would have set.
EPA’s April 2014 SO2 guidance
provides an extensive discussion of
EPA’s rationale for concluding that
appropriately set comparably stringent
limitations based on averaging times as
long as 30 days can be found to provide
for attainment of the 2010 SO2 NAAQS.
In evaluating this option, EPA
considered the nature of the standard,
conducted detailed analyses of the
impact of use of 30-day average limits
on the prospects for attaining the
standard, and carefully reviewed how
best to achieve an appropriate balance
among the various factors that warrant
consideration in judging whether a
state’s plan provides for attainment. Id.
at pp. 22 to 39. See also id. at
Appendices B, C, and D.
As specified in 40 CFR 50.17(b), the
1-hour primary SO2 NAAQS is met at an
ambient air quality monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations is less than
or equal to 75 ppb. In a year with 365
days of valid monitoring data, the 99th
percentile would be the fourth highest
daily maximum 1-hour value. The 2010
SO2 NAAQS, including this form of
determining compliance with the
standard, was upheld by the U.S. Court
of Appeals for the District of Columbia
Circuit in Nat’l Envt’l Dev. Ass’n’s Clean
Air Project v. EPA, 686 F.3d 803 (D.C.
Cir. 2012). Because the standard has this
form, a single hourly exceedance of the
75-ppb level does not create a violation
of the standard. Instead, at issue is
whether a source operating in
compliance with a properly set longer
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term average could cause hourly
exceedances of the NAAQS level, and if
so the resulting frequency and
magnitude of such exceedances, and in
particular whether EPA can have
reasonable confidence that a properly
set longer term average limit will
provide that the 3-year average of the
annual fourth highest daily maximum 1hour value will be at or below 75 ppb.
A synopsis of how EPA judges whether
such plans ‘‘provide for attainment,’’
based on modeling of projected
allowable emissions and in light of the
NAAQS’s form for determining
attainment at monitoring sites, follows.
For SO2 plans that are based on 1hour emission limits, the standard
approach is to conduct modeling using
fixed emission rates. The maximum
emission rate that would be modeled to
result in attainment (i.e., in an ‘‘average
year’’ 1 shows three, not four days with
maximum hourly levels exceeding 75
ppb) is labeled the ‘‘critical emission
value.’’ The modeling process for
identifying this critical emissions value
inherently considers the numerous
variables that affect ambient
concentrations of SO2, such as
meteorological data, background
concentrations, and topography. In the
standard approach, the state would then
provide for attainment by setting a
continuously applicable 1-hour
emission limit at this critical emission
value.
EPA recognizes that some sources
have highly variable emissions, for
example due to variations in fuel sulfur
content and operating rate, that can
make it extremely difficult, even with a
well-designed control strategy, to ensure
in practice that emissions for any given
hour do not exceed the critical emission
value. EPA also acknowledges the
concern that longer term emission limits
can allow short periods with emissions
above the ‘‘critical emissions value,’’
which, if coincident with
meteorological conditions conducive to
high SO2 concentrations, could in turn
create the possibility of a NAAQS
exceedance occurring on a day when an
exceedance would not have occurred if
emissions were continuously controlled
at the level corresponding to the critical
emission value. However, for several
reasons, EPA believes that the approach
recommended in its guidance document
suitably addresses this concern. First,
1 An ‘‘average year’’ is used to mean a year with
average air quality. While 40 CFR 50 appendix T
provides for averaging three years of 99th percentile
daily maximum hourly values (e.g., the fourth
highest maximum daily hourly concentration in a
year with 365 days with valid data), this discussion
and an example below uses a single ‘‘average year’’
to simplify the illustration of relevant principles.
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from a practical perspective, EPA
expects the actual emission profile of a
source subject to an appropriately set
longer term average limit to be similar
to the emission profile of a source
subject to an analogous 1-hour average
limit. EPA expects this similarity
because it has recommended that the
longer term average limit be set at a
level that is comparably stringent to the
otherwise applicable 1-hour limit
(reflecting a downward adjustment from
the critical emissions value) and that
takes the source’s emissions profile into
account. As a result, EPA expects either
form of emission limit to yield
comparable air quality.
Second, from a more theoretical
perspective, EPA has compared the
likely air quality with a source having
maximum allowable emissions under an
appropriately set longer term limit, as
compared to the likely air quality with
the source having maximum allowable
emissions under the comparable 1-hour
limit. In this comparison, in the 1-hour
average limit scenario, the source is
presumed at all times to emit at the
critical emission level, and in the longer
term average limit scenario the source is
presumed to occasionally emit more
than the critical emission value but on
average, and presumably at most times,
to emit well below the critical emission
value. In an ‘‘average year,’’ compliance
with the 1-hour limit is expected to
result in three exceedance days (i.e.,
three days with hourly values above 75
ppb) and a fourth day with a maximum
hourly value at 75 ppb. By comparison,
with the source complying with a longer
term limit, it is possible that additional
exceedances would occur that would
not occur in the 1-hour limit scenario (if
emissions exceed the critical emission
value at times when meteorology is
conducive to poor air quality). However,
this comparison must also factor in the
likelihood that exceedances that would
be expected in the 1-hour limit scenario
would not occur in the longer term limit
scenario. This result arises because the
longer term limit requires lower
emissions most of the time (because the
limit is set well below the critical
emission value), so a source complying
with an appropriately set longer term
limit is likely to have lower emissions
at critical times than would be the case
if the source were emitting as allowed
with a 1-hour limit.
As a hypothetical example to
illustrate these points, suppose a source
that always emits 1,000 pounds of SO2
per hour, which results in air quality at
the level of the NAAQS (i.e., results in
a design value of 75 ppb). Suppose
further that in an ‘‘average year,’’ these
emissions cause the 5-highest maximum
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daily average 1-hour concentrations to
be 100 ppb, 90 ppb, 80 ppb, 75 ppb, and
70 ppb. Then suppose that the source
becomes subject to a 30-day average
emission limit of 700 pounds per hour
(lbs/hr). It is theoretically possible for a
source meeting this limit to have
emissions that occasionally exceed
1,000 pounds per hour, but with a
typical emissions profile, emissions
would much more commonly be
between 600 and 800 lbs/hr. In this
simplified example, assume a zerobackground concentration, which
allows one to assume a linear
relationship between emissions and air
quality. (A nonzero background
concentration would make the
mathematics more difficult but would
give similar results.) Air quality will
depend on what emissions happen on
what critical hours, but suppose that
emissions at the relevant times on these
5 days are 800 lbs/hr, 1,100 lbs/hr, 500
lbs/hr, 900 lbs/hr, and 1,200 lbs/hr,
respectively. (This is a conservative
example because the average of these
emissions, 900 lbs/hr, is well over the
30-day average emission limit.) These
emissions would result in daily
maximum 1-hour concentrations of 80
ppb, 99 ppb, 40 ppb, 67.5 ppb, and 84
ppb. In this example, the fifth day
would have an exceedance that would
not otherwise have occurred, but the
third and fourth days would not have
exceedances that otherwise would have
occurred. In this example, the fourth
highest maximum daily concentration
under the 30-day average would be 67.5
ppb.
This simplified example illustrates
the findings of a more complicated
statistical analysis that EPA conducted
using a range of scenarios using actual
plant data. As described in Appendix B
of EPA’s April 2014 SO2 guidance, EPA
found that the requirement for lower
average emissions is highly likely to
yield better air quality than is required
with a comparably stringent 1-hour
limit. Based on analyses described in
appendix B of its 2014 guidance, EPA
expects that an emission profile with
maximum allowable emissions under an
appropriately set comparably stringent
30-day average limit is likely to have the
net effect of having a lower number of
exceedances and better air quality than
an emission profile with maximum
allowable emissions under a 1-hour
emission limit at the critical emission
value. This result provides a compelling
policy rationale for allowing the use of
a longer averaging period, in
appropriate circumstances where the
facts indicate this result can be expected
to occur.
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The question then becomes whether
this approach—which is likely to
produce a lower number of overall
exceedances even though it may
produce some unexpected exceedances
above the critical emission value—
meets the requirements in sections
110(a)(1) and (2), 172(c)(1) and (6) for
SIPs to contain enforceable emissions
limitations and other control measures
to ‘‘provide for attainment’’ of the
NAAQS. For SO2, as for other
pollutants, it is generally impossible to
design a nonattainment plan in the
present that will guarantee that
attainment will occur in the future. A
variety of factors can cause a welldesigned attainment plan to fail and
unexpectedly not result in attainment,
for example if meteorology occurs that
is more conducive to poor air quality
than was anticipated in the plan.
Therefore, in determining whether a
plan meets the requirement to provide
for attainment, EPA’s task is commonly
to judge not whether the plan provides
absolute certainty that attainment will
in fact occur, but rather whether the
plan provides an adequate level of
confidence of prospective NAAQS
attainment. From this perspective, in
evaluating use of a 30-day average limit,
EPA must weigh the likely net effect on
air quality. Such an evaluation must
consider the risk that occasions with
meteorology conducive to high
concentrations will have elevated
emissions leading to exceedances that
would not otherwise have occurred, and
must also weigh the likelihood that the
requirement for lower emissions on
average will result in days not having
exceedances that would have been
expected with emissions at the critical
emissions value. Additional policy
considerations, such as in this case the
desirability of accommodating real
world emissions variability without
significant risk of violations, are also
appropriate factors for EPA to weigh in
judging whether a plan provides a
reasonable degree of confidence that the
plan will lead to attainment. Based on
these considerations, especially given
the high likelihood that a continuously
enforceable limit averaged over as long
as 30 days, determined in accordance
with EPA’s guidance, will result in
attainment, EPA believes as a general
matter that such limits, if appropriately
determined, can reasonably be
considered to provide for attainment of
the 2010 SO2 NAAQS.
The April 2014 SO2 guidance offers
specific recommendations for
determining an appropriate longer term
average limit. The recommended
method starts with determination of the
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1-hour emission limit that would
provide for attainment (i.e., the critical
emission value), and applies an
adjustment factor to determine the
(lower) level of the longer term average
emission limit that would be estimated
to have a degree of stringency
comparable to the otherwise necessary
1-hour emission limit. This method uses
a database of continuous emission data
reflecting the type of control that the
source will be using to comply with the
SIP emission limits, which (if
compliance requires new controls) may
require use of an emission database
from another source. The recommended
method involves using these data to
compute a complete set of emission
averages, computed according to the
averaging time and averaging
procedures of the prospective emission
limitation. In this recommended
method, the ratio of the 99th percentile
among these long term averages to the
99th percentile of the 1-hour values
represents an adjustment factor that may
be multiplied by the candidate 1-hour
emission limit to determine a longer
term average emission limit that may be
considered comparably stringent.2 The
guidance also addresses a variety of
related topics, such as the potential
utility of setting supplemental emission
limits, such as mass-based limits, to
reduce the likelihood and/or magnitude
of elevated emission levels that might
occur under the longer term emission
rate limit.
Preferred air quality models for use in
regulatory applications are described in
Appendix A of EPA’s Guideline on Air
Quality Models (40 CFR part 51,
appendix W). In 2005, EPA promulgated
AERMOD as the Agency’s preferred
near-field dispersion modeling for a
wide range of regulatory applications
addressing stationary sources (for
example in estimating SO2
concentrations) in all types of terrain
based on extensive developmental and
performance evaluation. Supplemental
guidance on modeling for purposes of
demonstrating attainment of the SO2
NAAQS is provided in appendix A to
the April 2014 SO2 guidance document
referenced above. Appendix A provides
extensive guidance on the modeling
domain, the source inputs, assorted
types of meteorological data, and
background concentrations. Consistency
with the recommendations in this
guidance is generally necessary for the
attainment demonstration to offer
2 For example, if the critical emission value is
1,000 pounds of SO2 per hour, and a suitable
adjustment factor is determined to be 70 percent,
the recommended longer term average limit would
be 700 lbs/hr.
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adequately reliable assurance that the
plan provides for attainment.
As stated previously, attainment
demonstrations for the 2010 1-hour
primary SO2 NAAQS must demonstrate
future attainment and maintenance of
the NAAQS in the entire area
designated as nonattainment (i.e., not
just at the violating monitor) by using
air quality dispersion modeling (see
appendix W to 40 CFR part 51) to show
that the mix of sources and enforceable
control measures and emission rates in
an identified area will not lead to a
violation of the SO2 NAAQS. For a
short-term (i.e., 1-hour) standard, EPA
believes that dispersion modeling, using
allowable emissions and addressing
stationary sources in the affected area
(and in some cases sources located
outside the nonattainment area which
may affect attainment in the area) is
technically appropriate, efficient and
effective in demonstrating attainment in
nonattainment areas because it takes
into consideration combinations of
meteorological and emission source
operating conditions that may
contribute to peak ground-level
concentrations of SO2.
The meteorological data used in the
analysis should generally be processed
with the most recent version of
AERMET. Estimated concentrations
should include ambient background
concentrations, should follow the form
of the NAAQS, and should be calculated
as described in section 2.6.1.2 of the
August 23, 2010 clarification memo on
‘‘Applicability of appendix W Modeling
Guidance for the 1-hr SO2 National
Ambient Air Quality Standard’’ (U.S.
EPA, 2010a).
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IV. Review of Attainment Plan
Requirements
A. Emissions Inventory
The emissions inventory and source
emission rate data for an area serve as
the foundation for air quality modeling
and other analyses that enable states to:
(1) Estimate the degree to which
different sources within a
nonattainment area contribute to
violations within the affected area; and
(2) assess the expected improvement in
air quality within the nonattainment
area due to the adoption and
implementation of control measures. As
noted above, the State must develop and
submit to EPA a comprehensive,
accurate and current inventory of actual
emissions from all sources of SO2
emissions in each nonattainment area,
as well as any sources located outside
the nonattainment area which may
affect attainment in the area. See CAA
section 172(c)(3).
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The primary SO2-emitting point
source located within the Sullivan
County Area is Eastman, which
produces organic acids, aldehydes,
esters, polymers, cellulose esters,
specialty plastics, and acetate fibers.
The facility also produces process steam
and electricity for most of the
operations, including hazardous waste
combustion, and wastewater treatment.
Eastman consists of three main SO2
emitting sources comprised of three
powerhouses that include a total of 14
boilers and several smaller emitters:
• Powerhouse B–83 consists of
Boilers 18–24, denoted B–18—B–24,
which fire coal to provide steam for
facility operations. Each of the seven
emissions units has the following
capacities: Boilers B–18—B–20 are rated
at 246 million British thermal units per
hour (MMBtu/hr); Boilers B–21—B–22
have a rated capacity of 249 MMBtu/hr;
and Boilers B–23—B–24 have a rated
capacity of 501 MMBtu/hr. All seven B–
83 boilers have existing limits on SO2
emissions of 2.4 lbs/MMBtu based on a
1-hour averaging period. Actual
emissions from B–83 were 5,686 tons
per year (tpy) in 2011.
• Powerhouse B–253 consists of units
B–25—B–29 which fire coal to provide
steam for facility operations. Each
emissions unit, B–25—B–29 has a rated
capacity of 655 MMBtu/hr and an
existing limit on SO2 emissions of 2.4
lbs/MMBtu based on a 24-hour
averaging period. The B–253
powerhouse is currently undergoing a
multi-year project to convert the power
generation from the coal-fired boilers to
natural gas-fired boilers to comply with
regional haze best available retrofit
technology (BART). See section IV.B.4.i
for additional BART discussion. The
result will be that the emissions units
B–25—B–29 will fire only natural gas as
repowered units start up and for all
units no later than the attainment date
for the 1-hour SO2 NAAQS, October 4,
2018.3 Actual emissions from B–253
were 14,897 tpy in 2011.
• Powerhouse B–325 consists of
Boilers B–30 and B–31, which fire coal
to provide steam for facility operations.
Boiler B–30 has a rated capacity of 780
MMBtu/hr and an existing emission
limit on SO2 emissions of 317 lbs/hr
based on a 30-day averaging period,
equivalent to 0.406 lbs/MMBtu. Boiler
B–31 is rated at 880 MMBtu/hr and has
an existing limit on SO2 emissions of
3 As mentioned elsewhere in this proposed
action, four boilers have converted to exclusive use
of natural gas for fuel combustion already. These
repowered units have different heat capacities, and
the fuel content is such that the actual emissions
of SO2 will always be much less than the formerly
permitted rate.
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30613
293 lbs/hr based on a 30-day averaging
period, equivalent to 0.333 lbs/MMBtu.
Actual emissions from B–325 were
1,276 tpy in 2011.
• The B–248 unit consists of three
hazardous waste combustors, one liquid
chemical waste incinerator and two
rotary kilns that can burn solid or liquid
chemical waste, B–248–2, Vent A, and
B–248–1, Vents D and E, respectively.
According to the attainment SIP
submitted by TDEC in May 2017, each
of these units is subject to an existing
limit on SO2 emissions for an exhaust
concentration of 1,000 parts per million
by volume SO2, equivalent to 1,109 tpy
for B–248–2, Vent A, and 1,552 tpy each
for 248–1, Vents D and E. Actual
emissions from B–248 were 7.3 tpy in
2011. On February 1, 2018, TDEC issued
a revised title V permit (568496) that
included additional SO2 limits of 20 tpy
for Vent A and 40 tpy for Vents D and
E, combined.
• Eastman has 31 other smaller
emission units that provide various
services to other parts of the facility,
and these units account for 194.56 tpy
of the allowable emissions across the
facility. Actual emissions from the
remaining units were 40.9 tpy in 2011.
For more information on these
miscellaneous units, see the May 12,
2017, submittal.
The emissions at units for Eastman
were recorded either by using data
collected from CEMS or by material
balances based on feed rates and other
parameters and are quality-assured by
TDEC.4
The next largest SO2 source within
the nonattainment area is the
EnviraGlass, LLC glass manufacturing
facility (EnviraGlass). SO2 emissions
from EnviraGlass were 49.3 tons in
2011, as determined from material
balances. The EnviraGlass Kingsport
facility consists of one main SO2
emitter. The glass melting furnace #1
(GMF–1) fires natural gas and No. 2 fuel
oil. The allowable permit limit for
EnviraGlass of 39.6 lb/hr was included
in the attainment modeling.
The next largest SO2 source in
Sullivan County is located just outside
the Sullivan County Area boundary:
Domtar Paper Company, LLC, Kingsport
Paper Mill (Domtar). Domtar produces
pulp and paper and is permitted to burn
hog fuel, dry wood residue, engineered
fuel, wastewater treatment plant sludge,
fuel oil, and natural gas. SO2 emissions
from this facility were 70.8 tons in 2011,
as determined from material balances.
4 As detailed in Section IV. of this proposed
action, CEMS will be installed for Powerhouse B–
83. Therefore, all subsequent emissions inventories
and all compliance assessments will be based on
CEMS measurements.
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The permitted allowable SO2 emissions
limit for the main SO2 emissions unit at
Domtar, the HFB1–1 biomass boiler, was
included in the attainment modeling
(264 lb/hr = 33.26 g/s). TDEC
determined that the other SO2 emissions
units at Domtar did not need to be
explicitly modeled because of their
smaller emissions levels. Therefore,
these sources were accounted for using
the background concentration discussed
in section IV.B.5 of this notice.
TDEC utilized EPA’s 2011 National
Emissions Inventory (NEI), Version 2 as
the starting point for compiling point
source emissions for the base year
emissions inventory. The hazardous
waste incinerators at Eastman in B–248
were erroneously reported as 20 tpy
each for B–248–1 and B–248–2. TDEC
corrected this information from the 2011
NEI with information submitted by
Eastman.5 EnviraGlass, formerly
Heritage Glass, did not report emissions
for the 2011 NEI, so TDEC used
semiannual compliance reports
pursuant to the title V operating permit
for the facility to determine emissions.
TDEC also used the 2011 NEI, Version
2 to obtain estimates of the area and
nonroad sources. For onroad mobile
source emissions, TDEC utilized EPA’s
Motor Vehicle Emissions Simulator
(MOVES2014). A more detailed
discussion of the emissions inventory
development for the Sullivan County
Area can be found in Tennessee’s May
12, 2017, submittal.
Table 1 below shows the level of
emissions, expressed in tpy, in the
Sullivan County Area for the 2011 base
year by emissions source category. The
point source category includes all
sources within the nonattainment area.
TABLE 1—2011 BASE YEAR EMISSIONS INVENTORY FOR THE SULLIVAN COUNTY AREA
[tpy]
Point
Onroad
Nonroad
Area
Total
2011 .....................................................................................
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Year
21,956.5
1.62
0.16
10.6
21,968.88
Domtar is not included in the base
year inventory for the Sullivan County
Area because it is outside of the
boundary of the nonattainment area.
However, TDEC evaluated 2011
emissions from this facility to evaluate
its impact on the area. Domtar’s
emissions were reported for the 2011
NEI, but TDEC determined that
emissions from HFB1–1, the biomass
boiler, were initially reported in error as
2.06 tons. Actual emissions were
determined from fuel usage data
supplied by Domtar, leading to 44.1 tpy
SO2 emitted in 2011 from HFB1–1 and
total facility-wide emissions of 70.8
tpy.6
EPA has evaluated Tennessee’s 2011
base year emissions inventory for the
Sullivan County Area and has made the
preliminary determination that this
inventory was developed consistent
with EPA’s guidance. Therefore,
pursuant to section 172(c)(3), EPA is
proposing to approve Tennessee’s 2011
base year emissions inventory for the
Sullivan County Area.
The attainment demonstration also
provides for a projected attainment year
inventory that includes estimated
emissions for all emission sources of
SO2 which are determined to impact the
nonattainment area for the year in
which the area is expected to attain the
standard. This inventory must address
any future growth in the Area. Growth
means any potential increases in
emissions of the pollutant for which the
Sullivan County Area is nonattainment
(SO2) due to the construction and
operation of new major sources, major
modifications to existing sources, or
increased minor source activity. TDEC
included a statement in its May 12, 2017
submittal declaring that the air agency
assumes no growth of major sources in
the Sullivan County Area, and that
minor source growth should not
significantly impact the Area. TDEC
cites to its ‘‘Growth Policy’’ found at
Tennessee Air Pollution Control
Regulations (TAPCR) 1200–03–09–
.01(5), which includes the
nonattainment new source review
(NNSR) program and the requirement
for minor sources and minor
modifications proposing to construct in
a nonattainment area to apply BACT,
approved into the SIP and last updated
on July 30, 2012 (see 77 FR 44481). The
NNSR program includes lowest
achievable emissions rate, offsets, and
public hearing requirements for major
stationary sources and major
modifications.
TDEC provided a future year
projected emissions inventory for all
known sources included in the 2011
base year inventory, discussed above,
that were determined to impact the
Sullivan County Area. The projected
emissions are set to be accurate beyond
October 1, 2018, when the control
strategy for the attainment
demonstration will be fully
implemented. Therefore, as an annual
future year inventory, the point source
portion is accurate beyond October 1,
2018, and would represent an annual
inventory for 2019 or beyond. The
projected emissions in Table 2 are
estimated actual emissions, representing
5 For more information on this correction to the
2011 NEI, Version 2 emissions, see Attachment A
of Tennessee’s May 12, 2017, submittal.
a 67.6 percent reduction from the base
year SO2 emissions. The point source
emissions were estimated by taking
credit for the control strategy to repower
the boilers at B–253 and assuming
actual emissions at other Eastman units
would remain the same as in 2011.
Additionally, EnviraGlass has not
operated in recent years, and TDEC
includes a statement in its May 12, 2017
submittal that as of February 2017, the
source had not resumed its operations.
Therefore, EnviraGlass emissions were
projected as zero tpy. If this source
began operation again, actual emissions
would be much less than those from
Eastman (∼50 tpy), and would be
reported in future inventories.
Per EPA’s April 2014 SO2 guidance,
the existing allowable emissions limits
and the new 30-day, combined emission
limit (see section IV.B.4) that TDEC is
requesting EPA approve into the SIP,
were modeled to show attainment.
These projected actual emissions
included in the future year inventory
are less than the allowable emission
limits, and therefore offer a greater level
of certainty that the NAAQS will be
protected under all operating scenarios.
Emissions estimates for onroad sources
were re-estimated with MOVES2014.
The nonroad emissions were projected
using national growth factors, and area
source emissions were scaled based on
emission factors developed using the
Annual Energy Outlook 2014 for
consumption and production forecasts.
Both categories were then apportioned
to the nonattainment area based on
6 For more information on this correction to the
2011 NEI, Version 2 emissions, see Table 3–8 of the
May 12, 2017, submittal.
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30615
population in the nonattainment area
relative to that of Sullivan County.7
TABLE 2—PROJECTED 2018 SO2 EMISSIONS INVENTORY FOR THE SULLIVAN COUNTY AREA
[tpy]
Year
Point
2011 .....................................................................................
2019 .....................................................................................
B. Attainment Modeling Demonstration
Eastman operates a large
manufacturing facility in Kingsport that
includes major SO2 sources with the
potential to emit greater than 100 tons
per year (tpy) of SO2. The SO2 emissions
come from three main boiler groups B–
83, B–253 and B–325. Powerhouse B–
253 serves five boilers (Boilers 25–29),
each with an individual stack, that
provide steam and electricity to the
facility. Powerhouse B–325 serves two
coal-fired boilers that vent to a single
stack (Boiler 30 and Boiler 31). Boiler 30
is equipped with a spray dryer absorber
and electrostatic precipitator to control
particulate matter and acid gases. Boiler
31 is equipped with a spray dryer
absorber and fabric filter to control
particulate matter and acid gases.
Powerhouse B–83 serves seven boilers;
five coal-fired boilers (Boilers 18–22)
venting to a single stack, and two coalfired boilers (Boilers 23 and 24) that also
burn wastewater treatment sludge,
venting to a single stack.
These boilers, along with three other
backup natural gas-fired boilers with
minimal SO2 emissions (B–423),
provide process steam and most of the
electrical power needed to supply
Eastman’s operations. The combination
of boilers and boiler operating loads at
any given time depends on
manufacturing demands along with
availability of boilers, as each boiler has
annual scheduled shutdowns. The
following discussion evaluates various
features of the modeling that Tennessee
used in its attainment demonstration.
Onroad
21,956.5
7,104.5
1.62
0.64
processor modeling programs. The State
used the 16216r version of AERMOD
with regulatory default options and
urban dispersion coefficients.8 Receptor
elevations and hill heights required by
AERMOD were determined using the
AERMAP terrain preprocessor version
11103. The meteorological data was
processed using AERMET version 16216
with the regulatory adjusted U* option.
The surface characteristics around the
meteorological surface station were
determined using AERSURFACE
version 13016 and building downwash
was assessed with the BPIP processor
(version 04274). EPA proposes to find
these model selections appropriate for
the attainment demonstration.
2. Meteorological Data
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1. Model Selection
Tennessee’s attainment demonstration
used AERMOD, the preferred model for
this application, and the associated pre-
The Sullivan County nonattainment
area is in a wide valley surrounded by
complex terrain ridges. Eastman
evaluated available surface
meteorological data in the area and
determined that none of nearby National
Weather Surface (NWS) stations in area
were representative of the site-specific
winds that occur in the nonattainment
area valley. Therefore, Eastman installed
and operated a site-specific 100-meter
meteorological data tower and Doppler
SODAR system to collect profiles of
meteorological data (wind speed, wind
direction, temperature). One year of sitespecific data was collected from April 1,
2012 through March 31, 2013.9 EPA has
reviewed the site-specific
meteorological data and has
preliminarily determined that the data
meets the quality assurance criteria and
the 1-year of data is appropriate for the
modeling analysis. Site-specific
turbulence parameters (sigma-theta and
sigma-w) were also collected. However,
7 For more information, see Attachments A–D of
the May 12, 2017, submittal.
8 Tennessee and Eastman determined that urban
dispersion coefficients are appropriate for the
modeling analysis based upon an assessment of
land use within a 3-kilometer radius of the Eastman
boiler stacks using the Auer technique contained in
Section 7.2.1.1.b.i of 40 CFR part 51, appendix W.
The analysis resulted in 52.4 percent of the area
being classified as urban land use categories, which
is above the 50 percent criteria for using urban
dispersion coefficients. Additionally, Tennessee
and Eastman performed an analysis to estimate an
effective population for the urban option to account
for the large industrial heat release at the Eastman
facility. The results of this analysis yield an
effective population of 200,000, which is
approximately four times the approximate 50,000
population of Kingsport, Tennessee. The complete
details of Tennessee and Eastman’s analysis are
discussed in Section 4.1 of Attachment G1,
‘‘NAAQS Attainment Demonstration Modeling
Analysis,’’ in Tennessee’s final SIP submittal. EPA
preliminarily agrees that urban dispersion
coefficients with an effective population of 200,000
is appropriate for the modeling, and believes the
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Nonroad
Area
0.16
0.006
10.6
10.521
Total
21,968.88
7,115.67
as recommended in the December 2016
final revisions to the EPA’s Guideline
on Air Quality Models, contained in 40
CFR part 51, appendix W (Appendix
W), since Eastman chose to use the
adjusted U* (surface friction velocity)
regulatory option in AERMET, the sitespecific turbulence parameters were not
used. The data from the 100-meter tower
and Doppler SODAR were merged with
concurrent additional NWS surface data
parameters needed by AERMOD (e.g.,
cloud cover data) from the Tri-City
Regional Airport National Weather
Station (13877) and upper air data from
Nashville, TN (13897).
The surface roughness (zo), albedo (r),
and Bowen ratio (Bo) required surface
parameters were determined for the area
around the site-specific meteorological
surface station using AERSURFACE
version 13016. Eastman processed the
meteorological data and surface
parameters into AERMOD-ready files
using AERMET version 16216 with the
regulatory adjusted U* option. Complete
details of the meteorological data
collection and processing are available
in sections 3.1–3.8 of Attachment G1,
‘‘NAAQS Attainment Demonstration
Modeling Analysis,’’ in Tennessee’s
final SIP submittal. EPA preliminarily
finds that the meteorological data
collection and processing is appropriate
for the modeled attainment
demonstration.
3. Emissions Data
The emission inputs to Tennessee’s
attainment demonstration modeling
reflect 1-hour emissions that correspond
to allowable emissions from sulfur
dioxide emission units at the Eastman
facility and other nearby emissions
sources located within and outside the
procedures to estimate the effective population are
appropriate.
9 Pursuant to Section 8.4.2.e of 40 CFR part 51,
appendix W, if site-specific meteorology is used for
the modeling analysis, at least 1-year of site-specific
data should be collected. The data should meet the
quality assurance criteria in EPA’s 2000
‘‘Meteorological Monitoring Guidance for
Regulatory Modeling Applications.’’ Publication
No. EPA–454/R–99–005. Office of Air Quality
Planning and Standards, Research Triangle Park,
NC. (NTIS No. PB 2001–103606).
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Sullivan County nonattainment area.
Eastman’s modeled emissions sources
include nine coal-fired boilers, five
natural gas boilers that were converted
from coal-fired to natural gas-fired units,
and a tail-gas incineration unit.
Although the limit on emissions from
Eastman governs the 30-day average
sum of emissions from all nine coalfired boilers, Tennessee conducted
modeling using a constant hourly rate
(the 1,905 lb/hr 1-hour CEV), as
recommended by EPA’s April 2014 SO2
guidance. As discussed in more detail in
section IV.B.6 below, Tennessee has
conducted 34 modeling runs using a full
range of emission distributions, to show
that the limit ensures attainment,
regardless of how emissions are
distributed among the various boilers
within this limit. In addition, Tennessee
used the statistical procedures
recommended in Appendix C of EPA’s
guidance to establish an adjustment
factor that it applied to determine the
limit it would otherwise have set.
Two additional SO2 emissions
sources, EnviraGlass, located within the
nonattainment area, and Domtar Paper,
located just outside the nonattainment
area, were also included in Tennessee’s
attainment demonstration modeling,
modeled at their hourly emission limits.
Additional details regarding the
emissions units are included in the
Emissions Inventory, section IV.A., of
this proposed rule and section 2 of
Attachment G1, ‘‘NAAQS Attainment
Demonstration Modeling Analysis,’’ in
Tennessee’s final SIP submittal. EPA
proposes to find that the emissions
sources included in the modeling are
appropriate for the attainment
demonstration. All other sources not
explicitly included in the modeling
were addressed using the background
concentration discussed in section
IV.B.5 of this notice.
4. Emission Limits
An important prerequisite for
approval of an attainment plan is that
the emission limits that provide for
attainment be quantifiable, fully
enforceable, replicable, and
accountable. See General Preamble at
13567–68. Some of the limits that
Tennessee’s plan relies on are expressed
as 30-day average limits. Therefore, part
of the review of Tennessee’s attainment
plan must address the use of these
limits, both with respect to the general
suitability of using such limits for this
purpose and with respect to whether the
limits included in the plan have been
suitably demonstrated to provide for
attainment. The first subsection that
follows addresses the enforceability of
the limits in the plan, and the second
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subsection that follows addresses the
combined, 30-day emission limit for
Boilers 18–24, 30 and 31. Sections
IV.B.6 and 7 discuss the modeling
conducted to demonstrate that the limit
of combined emissions of these boilers
suitably provides for attainment.
i. Enforceability
Section 172(c)(6) provides that
emission limits and other control
measures in the attainment SIP shall be
enforceable. Tennessee’s attainment SIP
for the Sullivan County nonattainment
area relies on control measures and
enforceable emission limits for
Powerhouses B–253, B–83 and B–325
(for more discussion on these boilers,
please refer to section IV.A above).
These emission reduction measures
were accounted for in the attainment
modeling for the Eastman facility which
demonstrates attainment for the 2010
NAAQS.
Tennessee’s control strategy for B–253
relies on compliance with the State’s
Regional Haze SIP to install BART for
SO2 and other pollutants that impair
visibility at Class I areas. TDEC’s
original April 4, 2008, regional haze SIP
identified B–253 (Boilers 25–29) at
Eastman Chemical as BART-eligible
units.10 Tennessee subsequently
amended its regional haze SIP (May 14,
2012 and May 25, 2012) to establish
BART requirements for Eastman
including an alternative BART option to
repower (convert coal-fired boilers to
natural gas) Boilers 25–29 at B–253 by
December 31, 2018.11 The alternative
BART measure became federallyenforceable through the issuance of
BART permit 066116H on May 9, 2012,
and an amendment on May 22, 2012,
which changed the conversion
completion date to align with the 1-hour
SO2 NAAQS compliance deadline of
10 A BART-eligible source is an emission source
that has the potential to emit 250 tons or more of
a visibility-impairing pollutant, was constructed
between August 7, 1962 and August 7, 1977, and
whose operations fall within one or more of 26
listed source categories. The Clean Air Act requires
BART for any BART-eligible source that a State
determines ‘‘emits any air pollutant which may
reasonably be anticipated to cause or contribute to
any impairment of visibility in any such area.’’ EPA
finalized a limited approval/limited disapproval of
portions of Tennessee’s April 4, 2008, regional haze
SIP on April 24, 2012 (77 FR 24392). The April 4,
2008, SIP established the State’s plan to comply
with federal requirements to ensure natural
visibility conditions at Class I areas by requiring
affected sources to install BART for SO2 and other
visibility-impairing pollutants.
11 Tennessee’s initial Eastman BART
determination required Eastman to reduce SO2
emissions at Boilers 25–29 either by 92 percent or
comply with a limit of 0.20 lbs/MMBtu established
through the BART permit (066116H). EPA approved
Eastman’s BART determination, the alternative
BART option and permit 066116H on November 27,
2012 (77 FR 70689).
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October 4, 2018 (Condition 4(f)).12
Tennessee issued construction permit
966859F on June 15, 2013, authorizing
construction of the B–253 boilers
conversion to natural gas. Condition 6 of
Permit 966859F establishes a natural gas
fuel restriction after conversion is
complete for each boiler.
In conjunction with the natural gas
conversion control strategy at B–253,
Tennessee also established a 30-day
combined SO2 emission limit for nine
coal-fired boilers at B–83 (seven boilers)
and B–325 (two boilers) pursuant to
EPA’s April 2014 SO2 guidance on
longer term average limits (see section
IV.B.4.ii below). Tennessee established
a single, combined 30-day rolling
average of 1,753 lbs/hr SO2 emission
limit through Permit 070072F on May
10, 2017, for Boilers 18–24 at B–83 and
Boilers 30–31 at B–325. Boilers 30 and
31 at B–325 also have existing
individual SO2 emission limits of 317
lbs/hr and 293 lbs/hr, respectively,
based on a 30-calendar day rolling
average.13 Eastman must comply with
the combined 30-day limit for the 30day period ending on October 31,
2018 14 and each 30-day period
thereafter. Therefore, Eastman must
begin to comply with the new limit no
later than October 2, 2018. Compliance
will be determined based on continuous
emission monitoring system (CEMS)
data for all nine boilers. EPA provides
additional details, section IV.B.4.ii
below, regarding how the combined 30day SO2 emission limit was derived.
The enforceable emission limit and
compliance parameter ensure control
measures will achieve the necessary
incremental SO2 emissions reductions
necessary to attain the NAAQS as
expeditiously as practicable. Based on
12 Condition 4(f) also prohibits operation of any
B–253 boiler not converted after the October 2018
SO2 NAAQS compliance date until repowered to
natural gas.
13 Established in construction Permit 955272F,
Boiler 30 has a 317 lbs/hr 30-day SO2 limit and
Boiler 31 has a 293 lbs/hr 30-day SO2 limit, giving
B–325 an allowable limit of 610 lbs/hr on a 30-day
average.
14 EPA’s April 2014 SO guidance recommends
2
that attainment plans provide for compliance at
least one calendar year prior to the attainment
deadline, to facilitate collection of air quality
monitoring data reflecting attainment plan
implementation. This air quality data would
indicate whether the attainment plan is in fact
successfully providing for attainment. Nevertheless,
the guidance also notes that EPA has the discretion
to approve plans that are judged to provide for
attainment by the statutory attainment deadline,
even if the monitoring data collected prior to the
attainment deadline are judged to indicate that that
plan has not yielded timely attainment. EPA
believes that Tennessee’s attainment plan provides
for attainment, notwithstanding the possibility that
subsequent review of available monitoring data may
support a conclusion that the plan did not in fact
provide for timely attainment.
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the attainment modeling of B–253
repowering combined with the 30-day
SO2 emission limits for B–83 and B–
325, the area is projected to begin
showing attaining monitoring design
values.
Tennessee’s May 11, 2017, attainment
SIP requests EPA approve into the SIP
the authorization for alternative BART
repowering of Boilers 25–29 at B–253 at
Condition 4(f) of Regional Haze permit
066116H 15 (approved into Tennessee’s
regional haze SIP on November 12,
2012), natural gas fuel restriction for
Boilers 25–29 (after each natural gas
conversion) at Condition 6 of PSD
construction permit 966859F, and the
30-day rolling single, combined SO2
emission limit of 1,753 lbs/hr for boilers
at B–83 and B–325 at Conditions 1
through 4 16 of permit 070072F, which
also include compliance parameters
(monitoring, recordkeeping and
reporting). The accountability of the SO2
emission limit is established through
TDEC’s inclusion in the nonattainment
SIP and in the attainment modeling
demonstration to ensure permanent and
enforceable emission limitations as
necessary to provide for attainment of
the 2010 SO2 NAAQS.
ii. Longer Term Average Limits
Tennessee has developed a single,
combined emission limit of 1,753 lbs/hr
of SO2 emissions on a 30-day average
basis. This emission limit applies to
nine coal-fired boilers, which emit SO2
from three separate stacks from
powerhouses B–83 and B–325. These
nine coal-fired boilers help provide both
steam and electricity for the Eastman
facility and Boilers 23 and 24 (at B–83)
also burn wastewater treatment sludge.
Based on the unique, interconnected
operations and the steam demand for
the Eastman facility, Tennessee elected
to establish a single, combined emission
limit governing the sum of emissions
from these nine boilers. Tennessee
concluded that the NAAQS will be
attained so long as total hourly
emissions from these nine boilers are at
or below 1,905 lbs/hr. Tennessee based
this conclusion on a set of 34 modeling
runs, which encompassed several
‘‘worst-case’’ emissions scenarios. These
scenarios and the modeling results are
described in detail in section IV.B.6 of
this notice. EPA ordinarily uses the term
critical emissions value (CEV) to mean
the 1-hour emission rate for an
15 EPA notes condition 4(f) was approved into
Tennessee’s SIP on November 12, 2012 as part of
the State’s Regional Haze SIP. See77 FR 70689.
16 In Tennessee’s SO attainment SIP (page 33) the
2
state requested EPA approve Conditions 1–5 from
Permit 070072F however, EPA notes only four
conditions were included in the final issued permit.
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individual stack that, in combination
with the other CEVs for other relevant
stacks, the state shows through proper
modeling to yield attainment. However,
in this case, EPA is using the term CEV
to mean the total emissions from all
nine Eastman coal-fired boilers emitting
from three stacks that Tennessee has
shown to yield attainment, reflecting
Tennessee’s approach of evaluating an
appropriate limit on the sum of these
emissions.
After establishment of this combinedsource CEV, Tennessee used the
procedures recommended in Appendix
C of EPA’s April 2014 SO2 guidance to
determine an adjustment factor with
which to establish a single, combined
emission limit with a longer term
averaging time (30-day). Tennessee
analyzed three years of historical hourly
emissions data (2013–2015) from the
nine boilers in question. Tennessee used
the sum of emissions from the nine
boilers in this analysis, determining a
99th percentile of the 1-hour total
emissions values and a 99th percentile
of the 30-day average total emission
values. The ratio of these 99th
percentile values yielded an adjustment
factor of 0.92. Multiplication of this
adjustment factor times the collective
CEV yielded a 30-day average limit of
1,753 lbs/hr. EPA believes that
Tennessee, by following the approach
recommended in Appendix C of the
April 2014 SO2 guidance, has justified
a conclusion that this 1,753 lbs/hour
limit (governing the sum of emissions
from the nine boilers) may be
considered comparably stringent to a 1hour limit of 1,905 lbs/hr (again
governing the sum of emissions from the
nine boilers). Since the emission limit
being established for these nine boilers
is a single, combined limit, EPA
believes it is appropriate for the
adjustment factor also to be computed
based on the total combined emissions
from the nine boilers. Therefore, EPA
proposes to agree that the adjustment
factor of 0.92 is appropriate in this case.
EPA’s April 2014 SO2 guidance
further states, ‘‘The second important
factor in assessing whether a longer
term average limit provides appropriate
protection against NAAQS violations is
whether the source can be expected to
comply with a longer term average limit
in a manner that minimizes the
frequency of occasions with elevated
emissions and magnitude of emissions
on those occasions.’’ The guidance
advises that the establishment of
supplemental limits to provide direct
constraints on the frequency and/or
magnitude of emissions exceeding the
CEV can be valuable, but the guidance
also acknowledges the possibility that
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occasions of emissions exceeding the
CEV may be rare and modest in
magnitude even without supplemental
enforceable limitations. Tennessee
concluded that occasions of emissions
exceeding the critical emissions would
be infrequent and modest in magnitude
even without adoption of supplemental
limits. EPA conducted its own
evaluation of whether this element of
the guidance is satisfied, such that
compliance with Tennessee’s 30-day
average emission limit would provide
adequate confidence that the area will
attain the standard.
The historical emissions data do not
provide a direct measure of the
frequency and magnitude of elevated
emissions to expect once Eastman
complies with the 30-day limit. The
historical Eastman emissions data that
Tennessee used is from a period in
which emissions frequently were higher
than the new limit. During the 2013 to
2015 period, Eastman’s total emissions
exceeded the subsequently adopted
limit (1,753 lbs/hr) in approximately
32.4 percent of 30-day averages, and
exceeded the 1-hour CEV (1,905 lbs/hr)
in approximately 21.5 percent of hours.
Thus, Eastman will be required to make
emission reductions sufficient to
comply with the new 30-day limit
(1,753 lb/hr), which would both
eliminate the occasions of 30-day
average emissions above 1,753 lbs/hr
and reduce the number and possibly
eliminate the occasions when 1-hour
emission levels exceed 1,905 lbs/hr. The
question then is how frequently and
with what associated emission levels
can 1-hour emissions levels be expected
to exceed the CEV once Eastman
complies with the 30-day average limit.
Since Tennessee has permitted a
combined, multi-stack emission limit
(1,753 lb/hr) for the nine coal-fired
boilers, there are multiple compliance
scenarios possible. Consequently, there
is also a range of frequencies that the
hourly emissions can exceed the CEV
while still meeting the 30-day permit
limit. To forecast the frequency and
magnitude of emissions of occasions
with emissions above the CEV, EPA
asked Tennessee for information
regarding how Eastman expects to
comply with the new limit. Tennessee
responded 17 that Eastman’s compliance
strategy will likely be to modify the
order of dispatch of the nine boilers in
question, dispatching Boilers 18 through
22 from Powerhouse B–83 less often in
the future, in particular by reducing the
dispatching of the smaller coal-fired
boilers (Boilers 18, 19, and 20) in favor
17 See emails from TDEC to EPA Region 4 dated
January 26 and February 8, 2018.
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of greater operation of the larger boilers
that are being converted to burn natural
gas.18 These smaller boilers are the
oldest and least efficient boilers of the
nine and provide only low pressure
steam to the facility. EPA used this
information provided by Tennessee and
the less efficient nature of these boilers
and further analyzed the historical
(2013 to 2015) emissions. Given the
order of preference in boiler dispatch
provided by Tennessee and efficiency
considerations, EPA expects that three
boilers (B–18 to B–20) may be operated
at approximately 20 percent of their
historical rates. This level of operation
for these boilers would yield
compliance with the new limit and
allow Eastman to meet its steam
generation needs. With that level of
operation of those boilers, the number of
occasions of total plant emissions
exceeding the CEV was found to be 1.1
percent of the hours, with these hours
on average being 4.4 percent above the
CEV.19 During EPA’s analyses, we found
that the frequency of emissions over the
CEV could range from 1 to 10 percent
of the time, depending on the
operational scenario used to comply
with the 30-day limit. While EPA
acknowledges the uncertainty in
forecasting the frequency of elevated
emissions and the magnitude of
emissions on those occasions, based on
the information received from
Tennessee and our own analysis, EPA
believes that emissions at Eastman are
unlikely to exceed the CEV more than
a few percent of the hours, at levels
generally only a modest percent over the
CEV. Compliance with the 30-day limit
will be ensured using a CEMS and
appropriate monitoring, recordkeeping
and reporting requirements.
Consequently, EPA proposes to
conclude that the second criterion for
use of longer term average limits is
satisfied, even without supplemental
limits to constrain the frequency and
emissions level of occasions when
emissions exceed the CEV.
Based on a review of the State’s
submittal, EPA believes that the single,
combined 30-day average limit for the
nine boilers in Powerhouses B–83 and
B–325, in conjunction with the existing
individual 30-day average limits for
Boilers B–30 and B–31, provides a
18 Tennessee’s analysis in the February 8 email
confirmed that, under the new combined limit,
there should be adequate capacity available at
natural gas boilers at B–253 and B–423, without the
need to revise existing permit limits for these
individual units.
19 The email correspondence with TDEC and
supporting documentation (including Tennessee’s
spreadsheet data and EPA’s spreadsheet used for
these calculations) are in the docket (ID: EPA–R04–
OAR–2017–0626) for this proposed rule.
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suitable alternative to establishing a 1hour average emission limit for each
unit or for the collected units at this
source. Further discussion of
Tennessee’s modeling analysis of its set
of limits, along with discussion of
pertinent considerations in applying the
procedures of Appendix C of EPA’s
guidance in determining appropriate
longer term limits, is provided in
section IV.B.6 below. In summary, EPA
believes that the State has used a
suitable data base in an appropriate
manner and has thereby applied an
appropriate adjustment, yielding an
emission limit that has comparable
stringency to the 1-hour average limit
that the State determined would
otherwise have been necessary to
provide for attainment. While the 30day average limit allows for occasions in
which emissions may be higher than the
level that would be allowed with the
combined-unit 1-hour limit, the State’s
limit compensates by requiring average
emissions to be lower than the level that
would otherwise have been required by
a 1-hour average limit. As described
above in this section, in section III and
explained in more detail in EPA’s April
2014 SO2 guidance for nonattainment
plans, EPA believes that appropriately
set longer term average limits provide a
reasonable basis by which
nonattainment plans may provide for
attainment. Based on the general
information provided in this guidance
document as well as the information in
Tennessee’s attainment SIP, EPA
proposes to find that the 30-day average
limit for Eastman’s nine boilers in
combination with other limitations in
the State’s plan will provide for
attainment of the NAAQS.
5. Background Concentration
In accordance with section 8.3 of 40
CFR part 51, appendix W, Tennessee’s
attainment demonstration addresses the
impacts from all SO2 emissions sources
not explicitly included in the AERMOD
modeling analysis by adding
representative background
concentrations to the impacts from the
modeled sources. The State and
Eastman chose to use 2013–2015
ambient monitoring data from a sulfur
dioxide monitor located at Mammoth
Cave National Park in Kentucky (AQS
ID 21–061–0501) to develop ‘‘seasonal
by hour of the day’’ background
concentrations. The hourly
concentrations range from 2.79 to 18.51
micrograms per cubic meter (mg/m3).
The complete details of the background
concentrations are described in section
3.9 of Attachment G1 of the Tennessee’s
Attainment Demonstration submittal.
EPA preliminarily finds use of the
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Mammoth Cave background data is
appropriate for the attainment modeling
analysis.
6. Analysis of Multi-Stack Limit
The use of a limit governing the sum
of emissions from multiple stacks, in
lieu of individual limits for each stack,
calls for a demonstration that the worstcase distribution of these emissions
provides for attainment. To provide this
demonstration, Tennessee conducted
thirty-four (34) AERMOD modeling runs
using varying combinations of boiler
load and emissions scenarios for the
nine coal-fired boilers to verify that the
modeling includes the worst-case
operational scenarios allowed under the
single, thirty-day rolling average,
emissions limit of 1,753 lbs/hr for the
nine coal-fired boilers. The 34 modeling
scenarios were performed to derive the
single, combined 1,905 lbs/hr CEV for
the nine coal-fired boilers (two stacks at
the B–83 Powerhouse and one stack at
the B–325 Powerhouse) that results in
modeled attainment of the NAAQS. As
defined in EPA’s April 2014 SO2
guidance, the CEV is the level of
emissions that results in modeled
concentrations that are just below the
level of the NAAQS; as noted above,
this term is being applied to the
combination of emissions from the nine
coal-fired boilers referenced earlier in
the notice.
With these 34 AERMOD modeling
runs, Tennessee and Eastman evaluated
a wide range of future potential
operational scenarios, considering boiler
steam load demands for Eastman’s
production processes and boiler loadshifting that is projected to occur once
the conversion of the five coal-fired
boilers at B–253 (Boilers 25–29) from
burning coal to natural gas is completed
by October 2018. Based upon this
evaluation, 34 operational scenarios
were selected by Tennessee and
Eastman for the CEV modeling analysis.
Four of these 34 operation scenarios
reflected all of the SO2 being emitted
from a single stack, including two
scenarios where all of the 1,905 lbs/hr
is released from one or the other of the
two B–83 stacks individually, one
scenario where the B–325 stack emitted
726 lbs/hr 20 (which is the one hour
equivalent to the current permitted,
federally enforceable allowable
20 Established in PSD Permit 955272F, Boiler 30
has a 317 lbs/hr 30-day SO2 limit and Boiler 31 has
a 293 lbs/hr 30-day SO2 limit, giving B–325 an
allowable limit of 610 lbs/hr on a 30-day average.
For the purposes of modeling, Eastman calculated
an adjustment factor specific to the B–325 stack in
accordance with the methods of Appendix C of
EPA’s guidance. Eastman calculated an adjustment
factor of 0.84, which yielded a corresponding onehour emission rate of 726 lbs/hr.
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emissions limit for B–325), and one
scenario where the B–325 stack emitted
1,800 lbs/hr to simulate a B–325 worstcase emissions scenario. The modeled
predicted concentrations from the three
single-stack scenarios with permissible
emission levels ranged from 89.08 mg/
m3 to 182.7 mg/m3; the scenario with B–
325 emitting 1,800 lbs/hr, well above its
permissible level, yielded an estimated
highest concentration of 190.8 mg/m3.
Nine modeling scenarios were
performed to evaluate emissions from
various combinations when two of the
three stacks are in operation. For these
scenarios, the 1,905 lbs/hr CEV rate was
divided between the two stacks in
multiple combinations to represent
reasonable potential worst-case future
operations. The modeled predicted
concentrations from the nine two-stack
scenarios range from 171.6 mg/m3 to
190.5 mg/m3, with the highest value of
190.5 mg/m3 resulting from a scenario
when the Boilers 18–22 B–83 stack was
emitting at the highest level near its
maximum capacity (1,039 lbs/hr), the
Boilers 23–24 B–83 stack was emitting
near its average rate (866 lbs/hr), and
Boilers 30–31 were not operating (0 lb/
hr). Twenty-one modeling scenarios
were performed to evaluate
simultaneous operation of all three
stacks. As with the two-stack scenarios,
the 1,905 lbs/hr critical value emissions
rate was divided among the three stacks
in multiple combinations to represent
reasonable potential worst-case future
operations. The modeled predicted
concentrations from the twenty-one
three-stack scenarios range from 186.0
mg/m3 to 195.37 mg/m3. The maximum
model predicted concentration from the
three-stack scenarios, which is also the
maximum for all 34 scenarios, 195.37
mg/m3, occurred in the three-stack
operational scenario that assumes the
majority of the emissions came from the
Boilers 18–22 B–83 stack emitting near
its maximum capacity (1,133 lbs/hr),
emissions were slightly below normal
from the Boilers 23–24 B–83 stack (719
lbs/hr), and emissions were low from
the B–325 stack (53 lbs/hr, as Boiler 30
was assumed to not be operating and
Boiler 31 operating under minimal
load). Tables which summarize the
emissions and modeling input
parameters for each of the 34 scenarios
and additional details about the full
range of scenarios are contained in the
State’s modeling analysis in sections
7.11 and 7.12 of the State’s Attainment
Demonstration Submittal and section 5
of Attachment G1, ‘‘NAAQS Attainment
Demonstration Modeling Analysis,’’ in
Tennessee’s final SIP submittal.
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As noted earlier, in calculating the
adjustment factor to multiply times the
collective CEV (the 1-hour sum of
emissions providing for attainment in
the full range of distribution of the
emissions) to determine a comparably
stringent collective 30-day emission
limit, Tennessee used statistics for the
sum of emissions from all the stacks
governed by this limit. EPA’s guidance
does not expressly recommend how to
address comparable stringency for limits
that address the sum of emissions across
multiple stacks. However, EPA’s
guidance at page 32 states:
The selection of data handling procedures
influences the longer term averages that are
computed and thus influences the
relationship between a 1-hour limit and a
comparably stringent longer term average
limit. Therefore, . . . all analyses for
determining comparably stringent longer
term average limits should then apply those
data handling procedures.
This suggests that the computation of
adjustment factors for a limit governing
the sum of emissions from multiple
stacks should be based on statistical
analysis of the variability of the sum of
emissions from the multiple stacks,
irrespective of the variability of
emissions from the individual stacks. In
the case of Eastman, while the facility
shifts load among its various boilers,
resulting in relatively variable emissions
at any boiler, the total load is relatively
steady, resulting in only modest
variability of total emissions. As a
result, use of a 30-day limit makes less
difference in the control measure
needed to meet the limit, and so less
adjustment is needed to establish a 30day limit that is comparably stringent to
the corresponding 1-hour limit. Given
the demonstration that the full range of
potential distributions of 1,905 lb/hr
provides for attainment, EPA also
believes that a 30-day average limit of
1,753 lb/hr provides suitable assurance
that attainment would result under the
full range of distribution of these
allowable emissions.
7. Summary of Modeling Results
The AERMOD modeling analysis
contained in Tennessee’s Attainment
Demonstration submittal resulted in a
maximum modeled design value of
195.37 mg/m3, including the background
concentration, which is less than the
196.4 mg/m3 (75 ppb) 1-hour sulfur
dioxide NAAQS.
EPA has evaluated the modeling
procedures, inputs and results and
proposes to find that the results of the
State’s modeling analysis demonstrate
that there are no modeled violations of
the NAAQS within the nonattainment
area when the combined emissions from
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the nine coal-fired boilers are no greater
that the 1,905 lbs/hr CEV. Additionally,
EPA proposes to find that the 34
modeling scenarios are adequate to
address the range of possible future
operating scenarios of the boilers at the
Eastman facility and, therefore, support
that the 1,905 lbs/hr combined CEV is
appropriate. Section IV.B.4.ii. of this
notice explains how Tennessee and
Eastman developed the 1,753 lbs/hr 30day rolling average permit limit
following the procedures in EPA’s April
2014 SO2 guidance.
C. RACM/RACT
CAA section 172(c)(1) requires that
each attainment plan provide for the
implementation of all RACM as
expeditiously as practicable (including
such reductions in emissions from
existing sources in the area as may be
obtained through the adoption, at a
minimum, of RACT) and shall provide
for attainment of the NAAQS. EPA
interprets RACM, including RACT,
under section 172, as measures that a
state determines to be reasonably
available and which contribute to
attainment as expeditiously as
practicable for existing sources in the
area.
Tennessee’s plan for attaining the 1hour SO2 NAAQS in the Sullivan
County SO2 nonattainment area is based
on several measures, including
repowering the B–253 boilers from coal
to natural gas operation. Tennessee’s
plan requires compliance with these
measures by October 1, 2018. This date
is consistent with Tennessee’s Regional
Haze SIP, which was amended on May
9, 2012. The amended SIP allowed
Eastman to implement BART no later
than April 30, 2017, or an alternative
BART option (repowering of the boilers
from coal to natural gas) by December
31, 2018. The alternative BART option
became federally enforceable with the
issuance of BART permit 066116H on
May 9, 2012. A prevention of significant
deterioration (PSD) construction permit
(966859F), which authorizes
construction for the boiler repowering,
was issued June 5, 2013. Condition 4(f)
of permit 066116H requires the
repowering of B–253 to be completed no
later than the compliance deadline for
the one-hour SO2 NAAQS. Also,
Tennessee evaluated B–325 Boiler 31,
and determined that the spray dryer
absorber/fabric filter baghouse
combination already in place constitutes
RACT, and that therefore no further
analysis is required.
Tennessee considered various other
measures for the remaining B–83 and B–
325 boilers. The State evaluated a range
of measures to reduce SO2 emissions,
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including switching to low-sulfur coal,
upgraded or additional control
equipment, conversion of existing coalfired boilers to natural gas, and
replacing existing coal-fired boilers with
natural gas boilers. Tennessee
determined that these other measures
are not reasonable for a variety reasons,
including infeasibility and cost, and that
they were not needed to attain the
NAAQS and would not advance the
attainment date. See Table 5–2 in the
submittal for additional details on the
measures analyzed. In addition,
Tennessee evaluated other operations at
Eastman as well as additional sources
within and adjacent to the
nonattainment area and determined that
no additional controls were required as
RACT.
Tennessee has determined that
repowering B–253 to natural gas
constitutes RACT and EPA proposes to
concur with the state’s RACT analysis.
Based on the attainment modeling,
described herein, for the B–253 control
measures combined with the 30-day SO2
emission limit for B–83 and B–325, the
area is projected to show attainment of
the 1-hour SO2 standard. EPA believes
the attainment plan provides for
attainment through the adoption and
implementation of Tennessee’s RACT/
RACM emission control strategy.
Therefore, EPA proposes to conclude
that the state has satisfied the
requirement in section 172(c)(1) to
adopt and submit all RACM as needed
to attain the standards as expeditiously
as practicable.
D. New Source Review (NSR)
Tennessee’s SIP-approved NSR rules
for nonattainment areas (NNSR) are at
TAPCR 1200–03–09–.01(5), last
approved by EPA on July 30, 2012. See
77 FR 44481. These rules provide for
appropriate NSR for SO2 sources
undergoing construction or major
modification in the Sullivan County
Area without need for modification of
the approved rules. Therefore, EPA
proposes to conclude that this
requirement is met for this Area through
Tennessee’s existing NSR rules.
E. Reasonable Further Progress (RFP)
The CAA section 172(c)(2) requires
the SIP provide reasonable further
progress towards attainment of the
applicable NAAQS. Regarding part D
nonattainment plans, section 171(1) of
the CAA defines RFP as the annual
incremental reduction in emissions of
the relevant pollutant as are required for
the purpose of ensuring attainment of
the applicable NAAQS by the applicable
date. As discussed above, Tennessee’s
2008 regional haze SIP required
Eastman implement BART at B–253
(Boilers 25–29). The State revised its SIP
to establish an alternative BART option
to repower/convert all five coal-fired
boilers at B–253 to natural gas units and
changed the compliance deadline to the
1-hour SO2 NAAQS attainment date or
October 4, 2018.21 TDEC and Eastman
indicated that the size and complexity
of the repowering required additional
time to ensure the conversion was
technically feasible. Tennessee’s control
strategy to reduce SO2 emission and
attain the 2010 standard as
expeditiously as practicable include the
repowering of the five coal-fired boilers
at B–253 and imposing an SO2 emission
limit for the nine coal-fired boilers for
B–83 and B–325. Eastman established a
repowering timeline for B–253 listed in
Table 3 below and in Tennessee’ SO2
attainment SIP.
TABLE 3—ESTIMATED COMPLIANCE SCHEDULE FOR B–253 REPOWERING
Boiler
Date 22
25 ........................
27 ........................
1st Quarter(Q1), 2014 ...................
1st and 2nd Quarter in 2016 .........
28 ........................
2nd and 3rd Quarter in 2016 .........
29 ........................
1st and 2nd Quarter in 2018 .........
26 ........................
3rd Quarter in 2018 .......................
Activity
Complete; startup date was April 23, 2014.
Equipment mobilization, six-week conversion and demobilization;
tion conducted 4th quarter of 2017 thru the 1st quarter in 2018.
Conversion Complete—start-up date was April 23, 2016.
Equipment mobilization, six-week conversion and demobilization;
tion conducted 4th quarter of 2017 thru the 1st quarter in 2018.
Conversion Complete—start-up date was October 2, 2016.
Equipment mobilization, six-week conversion and demobilization;
tion conducted 4th quarter of 2017 thru the 1st quarter in 2018.
Conversion Complete—start-up date was March 30, 2018.
Equipment mobilization, six-week conversion and demobilization;
tion conducted 4th quarter of 2017 thru the 1st quarter in 2018.
pre-outage construcpre-outage construcpre-outage construcpre-outage construc-
sradovich on DSK3GMQ082PROD with PROPOSALS
Based on this projected timeline,
Eastman intends to complete conversion
of B–253 by the 3rd quarter of 2018 just
before the October 4, 2018 attainment
date. At the time of this proposed
rulemaking, four of the five coal-fired
boilers at B–253 (B–25, 27, 28, and 29)
have been converted, are fully
operational and currently subject to the
natural gas fuel restriction established
in Permit 966859F. According to
Eastman, this compliance schedule was
the most practicable to meet the BART
requirements and attain the SO2
NAAQS to maintain the necessary steam
and electricity for manufacturing
operations. This is also due, in part, to
the state required (Tennessee Code
Section 68–122–110) annual boiler
safety inspection and maintenance of all
17 boilers at Eastman (including B–253)
while ensuring necessary boiler capacity
to sustain facility operations.23
According to Eastman, to complete the
conversion of a boiler to natural gas the
normal safety inspection is extended to
6 weeks. Because of extended
inspections and boiler shutdowns in
2017, Eastman did not convert any
boilers at B–253 in 2017. As indicated
in Table 3, the final boiler (B–26) is
scheduled for conversion in the 3rd
quarter of 2018.
21 Tennessee’s attainment SIP mistakenly states
that the 1-hour SO2 attainment date is October 5,
2018 instead of October 4, 2018.
22 According to TDEC, Eastman did not schedule
the conversion of any boilers in 2015 or 2017 due
to legally required annual boiler safety inspections
and maintenance to ensure facility steam and
electricity reliability. The necessary engineering
work for the conversion of Boilers 27 and 28 in
2016 was performed in 2015 and 2017 for Boilers
26 and 29. For additional information, please refer
to Tennessee’s Attainment SIP Narrative located in
the docket (ID: EPA–R04–OAR–2017–0626).
23 The Tennessee Boiler and Unfired Pressure
Vessel inspection law (Tennessee Code Section 68–
122–110) requires annual inspection and
maintenance of Eastman’s 17 power boilers.
According to Eastman, only one boiler at a time is
taken off-line to ensure the necessary steam and
electricity reliability for manufacturing operations.
The duration of each inspection depends on the
size and maintenance cycle of the boiler
components. Eastman has stated it takes 46–48 of
the 52 weeks to complete the scheduled inspections
and boiler maintenance. Eastman also indicated
that it is not practicable for the facility to schedule
more than two extended inspections per calendar
year without potential risk meeting production
demands.
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Tennessee’s May 2017 attainment SIP
also provides estimated incremental
emission reductions during the
conversion of all five boilers at B–253.
Table 6–2 in TDEC’s submittal 24
provides for projected change in actual
emissions at Eastman over the duration
of the repowering at B–253 and postcontrol after the attainment date. TDEC
compared the pre-control emission rates
for all boilers at B–83, B–325 and B–253
for the period of April 1, 2012 through
March 31, 2013 over the course of the
conversion (interim years 2015 and
2017) to post-control emissions (after
October 4, 2018). Projected emission
reductions after the completion of B–
253 conversion and compliance with
the SO2 emission limit for B–83 and B–
325, are expected to be 66 percent
compared to pre-control levels (with
estimated incremental emission
reductions of 11 percent and 39 percent
in 2015 and 2017 respectively (after
complete conversion of B–25 in 2014
and B–27 and 28 in 2016). The average
pre-control emissions from each B–253
boiler was 677 pounds per hour (or
2,965 tpy). TDEC estimates that each
boiler conversion will reduce emissions
by 2,960 tpy.
The control measures for attainment
of the 2010 SO2 NAAQS included in the
State’s submittal have been modeled to
achieve attainment of the 1-hour SO2
NAAQS. The adoption of new emissions
limits, and compliance parameters and
a natural gas restriction (for repowered
B–253 boilers) require these control
measures to achieve emissions
reductions. Tennessee finds that the
attainment plan requires the affected
sources to implement control measures
as expeditiously as practicable to ensure
attainment of the 1-hour standard and
therefore concludes that the attainment
plan provides for RFP in accordance
with the approach to RFP described in
EPA’s guidance. EPA believes
Tennessee’s SIP provides for
incremental reduction in emissions to
ensure reasonable further progress
towards attainment of the standard and
therefore concurs and proposes to
preliminary conclude that the plan
provides for RFP and therefore satisfies
the requirements of CAA section
172(c)(2).
F. Contingency Measures
As noted above, EPA guidance
describes special features of SO2
planning that influence the suitability of
alternative means of addressing the
24 EPA
notes the second note to Table 6–2 list
1,794 lbs/hr as the combined 30-day average
allowable emission rate for B–83 and B–325 boilers,
however, the correct emission rate is 1,753 lbs/hr.
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requirement in section 172(c)(9) for
contingency measures for SO2, such that
in particular an appropriate means of
satisfying this requirement is for the
state to have a comprehensive
enforcement program that identifies
sources of violations of the SO2 NAAQS
and to undertake an aggressive followup for compliance and enforcement.
Tennessee’s plan provides for satisfying
the contingency measure requirement in
this manner.
Specifically, upon notification by
Tennessee that a reference monitor for
the Area has registered four validated
ambient SO2 concentrations in excess of
the NAAQS during calendar years 2019
or 2020, or that a monitored SO2
NAAQS violation based on the design
value occurred during calendar years
2021 and beyond, Eastman will, without
any further action by Tennessee or EPA,
undertake a full system audit of all
emission units subject to emission
limits under this plan and submit a
written system audit report to
Tennessee within 30 days of the
notification. Upon receipt of the system
audit report, Tennessee will
immediately begin a 30-day evaluation
period to diagnose the cause of the
monitored exceedance. This evaluation
will be followed by a 30-day
consultation period with Eastman to
develop and implement operational
changes necessary to prevent future
monitored violations of the NAAQS.
These changes may include fuel
switching to reduce or eliminate the use
of sulfur-containing fuels, physical or
operational reduction of production
capacity, or other changes as
appropriate. If a permit modification is
deemed necessary, Tennessee would
issue a final permit within the statutory
timeframes required in Tennessee
Comprehensive Rules and Regulations
1200–03–09, and any new emissions
limits required by such a permit would
be submitted to EPA as a SIP revision.
EPA concurs and proposes to approve
Tennessee’s plan for meeting the
contingency measure requirement in
this manner.
V. Additional Elements of Tennessee’s
Submittal
To verify that the 30-day limit is
resulting in continued attainment of the
1-hour SO2 standard in the Sullivan
County area, Tennessee is establishing
an additional safeguard within the
nonattainment area by upgrading its
existing SO2 ambient air monitoring
network in the Sullivan County area.
TDEC has committed to deploy
additional ambient air monitors within
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30621
the nonattainment area 25 to characterize
expected areas of maximum 1-hour SO2
concentrations near the Eastman
Chemical Plant. The State intends to
designate the monitors as State/Local air
monitoring stations in accordance with
40 CFR part 58 and locate the monitors
as close as possible to the areas of
expected maximum concentration.
These monitors will be submitted for
approval by EPA as part of the state’s
annual ambient air monitoring network
plan.
VI. Incorporation by Reference
EPA is proposing to include in a final
EPA rule regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by
reference into Tennessee’s SIP a natural
gas fuel restriction, a new SO2 emission
limit and specified compliance
conditions established in permits
966859F and 070072F for monitoring,
recordkeeping and reporting parameters
for emissions units at Eastman Chemical
Company. Specifically, EPA is
proposing to incorporate into the
Tennessee SIP, a new 1,753 lbs/hr 30day SO2 emission limit and operating,
monitoring, recordkeeping and
reporting parameters all established at
Conditions 1 thru 4 in Permit 070072F
for Boilers 18–24 at B–83 and Boilers
30–31 at B–325 and, a natural gas fuel
restriction for Boilers 25–29 at B–253
(after each natural gas conversion)
established at Condition 6 in Permit
966859F. The SO2 emission standards
specified in each permit are the basis for
the SO2 attainment demonstration in the
SIP. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at EPA Region 4 office (please
contact the person identified in the For
FURTHER INFORMATION CONTACT section of
this preamble for more information).
VII. EPA’s Proposed Action
EPA is proposing to approve
Tennessee’s SO2 nonattainment SIP
submission, which the State submitted
to EPA on May 11, 2017, for attaining
the 2010 1-hour SO2 NAAQS for the
Sullivan County Area and for meeting
other nonattainment area planning
requirements. EPA has preliminarily
determined that Tennessee’s
nonattainment SIP meets the applicable
requirements of sections 110(a), 172,
191 and 192 of the CAA and regulatory
requirements at 40 CFR part 51. This
25 See email from TDEC to EPA Region 4, Air,
Pesticides and Toxic Management Division, Air
Director Beverly Banister on June 6, 2018 included
in the docket for this proposal (ID: EPA–R04–OAR–
2017–0626).
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SO2 nonattainment SIP includes
Tennessee’s attainment demonstration
for the Sullivan County Area and other
nonattainment requirements for a RFP,
RACT/RACM, NNSR, base-year and
projection-year emission inventories,
enforceable emission limits and
compliance parameters and contingency
measures. Specifically, EPA is
proposing to approve into the Tennessee
SIP, Eastman Chemical’s enforceable
SO2 emission limit and compliance
parameters (monitoring, recordkeeping
and reporting) from PSD construction
permit 966859F (condition 6) and
Permit No. 070072F (conditions 1–4)
(see section IV.B.4.1).
VIII. 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. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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);
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• 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 19, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018–14097 Filed 6–28–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0435; FRL–9979–25–
Region 6]
Approval and Promulgation of
Implementation Plans; Arkansas;
Interstate Transport Requirements for
the 2012 PM2.5 NAAQS and Definition
Update
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA or Act), the Environmental
Protection Agency (EPA) is proposing to
approve portions of the Arkansas State
Implementation Plan (SIP) submittal
addressing the CAA requirement that
SIPs address the potential for interstate
transport of air pollution to significantly
contribute to nonattainment or interfere
with maintenance of the 2012 fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
SUMMARY:
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(NAAQS) in other states. EPA is
proposing to determine that emissions
from Arkansas sources do not contribute
significantly to nonattainment in, or
interfere with maintenance by, any
other state with regard to the 2012 PM2.5
NAAQS. The EPA is also proposing to
approve a revision to update
incorporation by reference of NAAQS
germane to this proposed action.
DATES: Written comments must be
received on or before July 30, 2018.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R06–
OAR–2017–0435, at https://
www.regulations.gov or via email to
fuerst.sherry@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Sherry Fuerst, 214–665–6454,
fuerst.sherry@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, 214–665–6454,
fuerst.sherry@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Fuerst or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
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[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Proposed Rules]
[Pages 30609-30622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14097]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0626; FRL-9980-18-Region 4]
Air Plan Approval; Tennessee; Attainment Plan for Sullivan County
SO2 Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), to EPA on May 12, 2017, for attaining the 2010 1-
hour sulfur dioxide (SO2) primary national ambient air
quality standard (NAAQS) for the Sullivan County SO2
nonattainment area (hereafter referred to as the ``Sullivan County
Area'' or ``Area''). The Sullivan County Area is comprised of a portion
of Sullivan County in Tennessee surrounding the Eastman Chemical
Company (hereafter referred to as ``Eastman''). This plan (herein
called a ``nonattainment plan or SIP'' or ``attainment plan or SIP'')
includes Tennessee's attainment demonstration and other elements
required under the Clean Air Act (CAA or Act). In addition to an
attainment demonstration, the plan addresses the requirement for
meeting reasonable further progress (RFP) toward attainment of the
NAAQS, reasonably available control measures and reasonably available
control technology (RACM/RACT), base-year and projection-year emissions
inventories, enforceable emissions limitations and control measures,
and contingency measures. EPA proposes to conclude that Tennessee has
appropriately demonstrated that the plan's provisions provide for
attainment of the 2010 1-hour primary SO2 NAAQS in the
Sullivan County Area and that the plan meets the other applicable
requirements under the CAA.
DATES: Comments must be received on or before July 30, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0626 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: D. Brad Akers, 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. Mr. Akers can be reached via telephone at (404) 562-9089 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Requirement for Tennessee to Submit an SO2 Attainment
Plan for the Sullivan County Area
[[Page 30610]]
II. Requirements for SO2 Attainment Plans
III. Attainment Demonstration and Longer Term Averaging
IV. Review of Attainment Plan Requirements
A. Emissions Inventory
B. Attainment Modeling Demonstration
1. Model Selection
2. Meteorological Data
3. Emissions Data
4. Emission Limits
i. Enforceability
ii. Longer Term Average Limits
5. Background Concentration
6. Analysis of Multi-Stack Limit
7. Summary of Modeling Results
C. RACM/RACT
D. New Source Review (NSR)
E. Reasonable Further Progress (RFP)
F. Contingency Measures
V. Additional Elements of Tennessee's Submittal
VI. Incorporation by Reference
VII. EPA's Proposed Action
VIII. Statutory and Executive Orders
I. Requirement for Tennessee To Submit an SO2 Attainment Plan for the
Sullivan County Area
On June 22, 2010, EPA promulgated a new 1-hour primary
SO2 NAAQS of 75 parts per billion (ppb), which is met at an
ambient air quality monitoring site when the 3-year average of the
annual 99th percentile of daily maximum 1-hour average concentrations
does not exceed 75 ppb, as determined in accordance with appendix T of
40 CFR part 50. See 75 FR 35520, codified at 40 CFR 50.17(a)-(b). On
August 5, 2013, EPA designated a first set of 29 areas of the country
as nonattainment for the 2010 SO2 NAAQS. See 78 FR 47191,
codified at 40 CFR part 81, subpart C. These designations included the
Sullivan County Area, which encompasses the primary SO2
emitting source Eastman and the nearby SO2 monitor (Air
Quality Site ID: 47-163-0007). These area designations were effective
October 4, 2013. Section 191(a) of the CAA directs states to submit
SIPs for areas designated as nonattainment for the SO2 NAAQS
to EPA within 18 months of the effective date of the designation, i.e.,
by no later than April 4, 2015 in this case. Under CAA section 192(a)
these SIPs are required to demonstrate that their respective areas will
attain the NAAQS as expeditiously as practicable, but no later than 5
years from the effective date of designation, which is October 4, 2018.
In addition, sections 110(a) and 172(c), as well as EPA regulations at
40 CFR part 51, set forth substantive elements each SIP must contain to
be approved by EPA.
For the Sullivan County Area (and many other areas), EPA published
a notice on March 18, 2016, that Tennessee (and other pertinent states)
had failed to submit the required SO2 nonattainment plan by
this submittal deadline. See 81 FR 14736. This finding initiated a
deadline under CAA section 179(a) for the potential imposition of new
source review and highway funding sanctions. However, pursuant to
Tennessee's submittal of May 12, 2017, and EPA's subsequent letter
dated October 10, 2017, to Tennessee finding the submittal complete and
noting the termination of these sanctions deadlines, these sanctions
under section 179(a) will not be imposed as a result of Tennessee
having missed the April 4, 2015 deadline. Under CAA section 110(c), the
March 18, 2016 finding also triggered a requirement that EPA promulgate
a federal implementation plan (FIP) within two years of the finding
unless (a) the state has made the necessary complete submittal and (b)
EPA has approved the submittal as meeting applicable requirements.
II. Requirements for SO2 Attainment Plans
To be approved by EPA, nonattainment areas must provide SIPs
meeting the applicable requirements of the CAA, and specifically CAA
sections 110(a), 172, 191 and 192 for SO2. EPA's regulations
governing nonattainment SIPs are set forth at 40 CFR part 51, with
specific procedural requirements and control strategy requirements
residing at subparts F and G, respectively. Soon after Congress enacted
the 1990 Amendments to the CAA, EPA issued comprehensive guidance on
SIPs, in a document entitled the ``General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
published at 57 FR 13498 (April 16, 1992) (General Preamble). Among
other things, the General Preamble addressed SO2 SIPs and
fundamental principles for SIP control strategies. Id., at 13545-49,
13567-68. On April 23, 2014, EPA issued recommended guidance for
meeting the statutory requirements in SO2 SIPs under the
2010 revised NAAQS, in a document entitled, ``Guidance for 1-Hour
SO2 Nonattainment Area SIP Submissions,'' available at
https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf (hereafter referred to as EPA's
April 2014 SO2 guidance or guidance). In this guidance EPA
described the statutory requirements for SO2 SIPs for
nonattainment areas, which includes: An accurate emissions inventory of
current emissions for all sources of SO2 within the
nonattainment area; an attainment demonstration; demonstration of RFP;
implementation of RACM (including RACT); new source review (NSR);
enforceable emissions limitations and control measures; and adequate
contingency measures for the affected area.
For EPA to fully approve a SIP as meeting the requirements of CAA
sections 110, 172 and 191-192, and EPA's regulations at 40 CFR part 51,
the SIP for the affected area needs to demonstrate to EPA's
satisfaction that each of the aforementioned requirements have been
met. Under CAA sections 110(l) and 193, EPA may not approve a SIP that
would interfere with any applicable requirement concerning NAAQS
attainment and RFP, or any other applicable requirement, and no
requirement in effect (or required to be adopted by an order,
settlement, agreement, or plan in effect before November 15, 1990) in
any area which is a nonattainment area for any air pollutant, may be
modified in any manner unless it insures equivalent or greater emission
reductions of such air pollutant.
III. Attainment Demonstration and Longer Term Averaging
CAA sections 172(c)(1) and (6) direct states with areas designated
as nonattainment to demonstrate that the submitted plan provides for
attainment of the NAAQS. 40 CFR part 51, subpart G further delineates
the control strategy requirements that SIPs must meet, and EPA has long
required that all SIPs and control strategies reflect four fundamental
principles of quantification, enforceability, replicability, and
accountability. General Preamble, at 13567-68. SO2
attainment plans must consist of two components: (1) Emission limits
and other control measures that assure implementation of permanent,
enforceable and necessary emission controls, and (2) a modeling
analysis which meets the requirements of 40 CFR part 51, appendix W
which demonstrates that these emission limits and control measures
provide for timely attainment of the primary SO2 NAAQS as
expeditiously as practicable, but by no later than the attainment date
for the affected area. In all cases, the emission limits and control
measures must be accompanied by appropriate methods and conditions to
determine compliance with the respective emission limits and control
measures and must be quantifiable (i.e., a specific amount of emission
reduction can be ascribed to the measures), fully-enforceable
(specifying clear, unambiguous and measurable requirements for which
compliance can be practicably determined), replicable (the procedures
for determining compliance are
[[Page 30611]]
sufficiently specific and non-subjective so that two independent
entities applying the procedures would obtain the same result), and
accountable (source specific limits must be permanent and must reflect
the assumptions used in the SIP demonstrations).
EPA's April 2014 SO2 guidance recommends that the
emission limits be expressed as short-term average limits (e.g.,
addressing emissions averaged over one or three hours), but also
describes the option to utilize emission limits with longer averaging
times of up to 30 days so long as the state meets various suggested
criteria. See EPA's April 2014 SO2 guidance, pp. 22 to 39.
The guidance recommends that--should states and sources utilize longer
averaging times--the longer term average limit should be set at an
adjusted level that reflects a stringency comparable to the 1-hour
average limit at the critical emission value (CEV) shown by modeling to
provide for attainment that the plan otherwise would have set.
EPA's April 2014 SO2 guidance provides an extensive
discussion of EPA's rationale for concluding that appropriately set
comparably stringent limitations based on averaging times as long as 30
days can be found to provide for attainment of the 2010 SO2
NAAQS. In evaluating this option, EPA considered the nature of the
standard, conducted detailed analyses of the impact of use of 30-day
average limits on the prospects for attaining the standard, and
carefully reviewed how best to achieve an appropriate balance among the
various factors that warrant consideration in judging whether a state's
plan provides for attainment. Id. at pp. 22 to 39. See also id. at
Appendices B, C, and D.
As specified in 40 CFR 50.17(b), the 1-hour primary SO2
NAAQS is met at an ambient air quality monitoring site when the 3-year
average of the annual 99th percentile of daily maximum 1-hour average
concentrations is less than or equal to 75 ppb. In a year with 365 days
of valid monitoring data, the 99th percentile would be the fourth
highest daily maximum 1-hour value. The 2010 SO2 NAAQS,
including this form of determining compliance with the standard, was
upheld by the U.S. Court of Appeals for the District of Columbia
Circuit in Nat'l Envt'l Dev. Ass'n's Clean Air Project v. EPA, 686 F.3d
803 (D.C. Cir. 2012). Because the standard has this form, a single
hourly exceedance of the 75-ppb level does not create a violation of
the standard. Instead, at issue is whether a source operating in
compliance with a properly set longer term average could cause hourly
exceedances of the NAAQS level, and if so the resulting frequency and
magnitude of such exceedances, and in particular whether EPA can have
reasonable confidence that a properly set longer term average limit
will provide that the 3-year average of the annual fourth highest daily
maximum 1-hour value will be at or below 75 ppb. A synopsis of how EPA
judges whether such plans ``provide for attainment,'' based on modeling
of projected allowable emissions and in light of the NAAQS's form for
determining attainment at monitoring sites, follows.
For SO2 plans that are based on 1-hour emission limits,
the standard approach is to conduct modeling using fixed emission
rates. The maximum emission rate that would be modeled to result in
attainment (i.e., in an ``average year'' \1\ shows three, not four days
with maximum hourly levels exceeding 75 ppb) is labeled the ``critical
emission value.'' The modeling process for identifying this critical
emissions value inherently considers the numerous variables that affect
ambient concentrations of SO2, such as meteorological data,
background concentrations, and topography. In the standard approach,
the state would then provide for attainment by setting a continuously
applicable 1-hour emission limit at this critical emission value.
---------------------------------------------------------------------------
\1\ An ``average year'' is used to mean a year with average air
quality. While 40 CFR 50 appendix T provides for averaging three
years of 99th percentile daily maximum hourly values (e.g., the
fourth highest maximum daily hourly concentration in a year with 365
days with valid data), this discussion and an example below uses a
single ``average year'' to simplify the illustration of relevant
principles.
---------------------------------------------------------------------------
EPA recognizes that some sources have highly variable emissions,
for example due to variations in fuel sulfur content and operating
rate, that can make it extremely difficult, even with a well-designed
control strategy, to ensure in practice that emissions for any given
hour do not exceed the critical emission value. EPA also acknowledges
the concern that longer term emission limits can allow short periods
with emissions above the ``critical emissions value,'' which, if
coincident with meteorological conditions conducive to high
SO2 concentrations, could in turn create the possibility of
a NAAQS exceedance occurring on a day when an exceedance would not have
occurred if emissions were continuously controlled at the level
corresponding to the critical emission value. However, for several
reasons, EPA believes that the approach recommended in its guidance
document suitably addresses this concern. First, from a practical
perspective, EPA expects the actual emission profile of a source
subject to an appropriately set longer term average limit to be similar
to the emission profile of a source subject to an analogous 1-hour
average limit. EPA expects this similarity because it has recommended
that the longer term average limit be set at a level that is comparably
stringent to the otherwise applicable 1-hour limit (reflecting a
downward adjustment from the critical emissions value) and that takes
the source's emissions profile into account. As a result, EPA expects
either form of emission limit to yield comparable air quality.
Second, from a more theoretical perspective, EPA has compared the
likely air quality with a source having maximum allowable emissions
under an appropriately set longer term limit, as compared to the likely
air quality with the source having maximum allowable emissions under
the comparable 1-hour limit. In this comparison, in the 1-hour average
limit scenario, the source is presumed at all times to emit at the
critical emission level, and in the longer term average limit scenario
the source is presumed to occasionally emit more than the critical
emission value but on average, and presumably at most times, to emit
well below the critical emission value. In an ``average year,''
compliance with the 1-hour limit is expected to result in three
exceedance days (i.e., three days with hourly values above 75 ppb) and
a fourth day with a maximum hourly value at 75 ppb. By comparison, with
the source complying with a longer term limit, it is possible that
additional exceedances would occur that would not occur in the 1-hour
limit scenario (if emissions exceed the critical emission value at
times when meteorology is conducive to poor air quality). However, this
comparison must also factor in the likelihood that exceedances that
would be expected in the 1-hour limit scenario would not occur in the
longer term limit scenario. This result arises because the longer term
limit requires lower emissions most of the time (because the limit is
set well below the critical emission value), so a source complying with
an appropriately set longer term limit is likely to have lower
emissions at critical times than would be the case if the source were
emitting as allowed with a 1-hour limit.
As a hypothetical example to illustrate these points, suppose a
source that always emits 1,000 pounds of SO2 per hour, which
results in air quality at the level of the NAAQS (i.e., results in a
design value of 75 ppb). Suppose further that in an ``average year,''
these emissions cause the 5-highest maximum
[[Page 30612]]
daily average 1-hour concentrations to be 100 ppb, 90 ppb, 80 ppb, 75
ppb, and 70 ppb. Then suppose that the source becomes subject to a 30-
day average emission limit of 700 pounds per hour (lbs/hr). It is
theoretically possible for a source meeting this limit to have
emissions that occasionally exceed 1,000 pounds per hour, but with a
typical emissions profile, emissions would much more commonly be
between 600 and 800 lbs/hr. In this simplified example, assume a zero-
background concentration, which allows one to assume a linear
relationship between emissions and air quality. (A nonzero background
concentration would make the mathematics more difficult but would give
similar results.) Air quality will depend on what emissions happen on
what critical hours, but suppose that emissions at the relevant times
on these 5 days are 800 lbs/hr, 1,100 lbs/hr, 500 lbs/hr, 900 lbs/hr,
and 1,200 lbs/hr, respectively. (This is a conservative example because
the average of these emissions, 900 lbs/hr, is well over the 30-day
average emission limit.) These emissions would result in daily maximum
1-hour concentrations of 80 ppb, 99 ppb, 40 ppb, 67.5 ppb, and 84 ppb.
In this example, the fifth day would have an exceedance that would not
otherwise have occurred, but the third and fourth days would not have
exceedances that otherwise would have occurred. In this example, the
fourth highest maximum daily concentration under the 30-day average
would be 67.5 ppb.
This simplified example illustrates the findings of a more
complicated statistical analysis that EPA conducted using a range of
scenarios using actual plant data. As described in Appendix B of EPA's
April 2014 SO2 guidance, EPA found that the requirement for
lower average emissions is highly likely to yield better air quality
than is required with a comparably stringent 1-hour limit. Based on
analyses described in appendix B of its 2014 guidance, EPA expects that
an emission profile with maximum allowable emissions under an
appropriately set comparably stringent 30-day average limit is likely
to have the net effect of having a lower number of exceedances and
better air quality than an emission profile with maximum allowable
emissions under a 1-hour emission limit at the critical emission value.
This result provides a compelling policy rationale for allowing the use
of a longer averaging period, in appropriate circumstances where the
facts indicate this result can be expected to occur.
The question then becomes whether this approach--which is likely to
produce a lower number of overall exceedances even though it may
produce some unexpected exceedances above the critical emission value--
meets the requirements in sections 110(a)(1) and (2), 172(c)(1) and (6)
for SIPs to contain enforceable emissions limitations and other control
measures to ``provide for attainment'' of the NAAQS. For
SO2, as for other pollutants, it is generally impossible to
design a nonattainment plan in the present that will guarantee that
attainment will occur in the future. A variety of factors can cause a
well-designed attainment plan to fail and unexpectedly not result in
attainment, for example if meteorology occurs that is more conducive to
poor air quality than was anticipated in the plan. Therefore, in
determining whether a plan meets the requirement to provide for
attainment, EPA's task is commonly to judge not whether the plan
provides absolute certainty that attainment will in fact occur, but
rather whether the plan provides an adequate level of confidence of
prospective NAAQS attainment. From this perspective, in evaluating use
of a 30-day average limit, EPA must weigh the likely net effect on air
quality. Such an evaluation must consider the risk that occasions with
meteorology conducive to high concentrations will have elevated
emissions leading to exceedances that would not otherwise have
occurred, and must also weigh the likelihood that the requirement for
lower emissions on average will result in days not having exceedances
that would have been expected with emissions at the critical emissions
value. Additional policy considerations, such as in this case the
desirability of accommodating real world emissions variability without
significant risk of violations, are also appropriate factors for EPA to
weigh in judging whether a plan provides a reasonable degree of
confidence that the plan will lead to attainment. Based on these
considerations, especially given the high likelihood that a
continuously enforceable limit averaged over as long as 30 days,
determined in accordance with EPA's guidance, will result in
attainment, EPA believes as a general matter that such limits, if
appropriately determined, can reasonably be considered to provide for
attainment of the 2010 SO2 NAAQS.
The April 2014 SO2 guidance offers specific
recommendations for determining an appropriate longer term average
limit. The recommended method starts with determination of the 1-hour
emission limit that would provide for attainment (i.e., the critical
emission value), and applies an adjustment factor to determine the
(lower) level of the longer term average emission limit that would be
estimated to have a degree of stringency comparable to the otherwise
necessary 1-hour emission limit. This method uses a database of
continuous emission data reflecting the type of control that the source
will be using to comply with the SIP emission limits, which (if
compliance requires new controls) may require use of an emission
database from another source. The recommended method involves using
these data to compute a complete set of emission averages, computed
according to the averaging time and averaging procedures of the
prospective emission limitation. In this recommended method, the ratio
of the 99th percentile among these long term averages to the 99th
percentile of the 1-hour values represents an adjustment factor that
may be multiplied by the candidate 1-hour emission limit to determine a
longer term average emission limit that may be considered comparably
stringent.\2\ The guidance also addresses a variety of related topics,
such as the potential utility of setting supplemental emission limits,
such as mass-based limits, to reduce the likelihood and/or magnitude of
elevated emission levels that might occur under the longer term
emission rate limit.
---------------------------------------------------------------------------
\2\ For example, if the critical emission value is 1,000 pounds
of SO2 per hour, and a suitable adjustment factor is
determined to be 70 percent, the recommended longer term average
limit would be 700 lbs/hr.
---------------------------------------------------------------------------
Preferred air quality models for use in regulatory applications are
described in Appendix A of EPA's Guideline on Air Quality Models (40
CFR part 51, appendix W). In 2005, EPA promulgated AERMOD as the
Agency's preferred near-field dispersion modeling for a wide range of
regulatory applications addressing stationary sources (for example in
estimating SO2 concentrations) in all types of terrain based
on extensive developmental and performance evaluation. Supplemental
guidance on modeling for purposes of demonstrating attainment of the
SO2 NAAQS is provided in appendix A to the April 2014
SO2 guidance document referenced above. Appendix A provides
extensive guidance on the modeling domain, the source inputs, assorted
types of meteorological data, and background concentrations.
Consistency with the recommendations in this guidance is generally
necessary for the attainment demonstration to offer
[[Page 30613]]
adequately reliable assurance that the plan provides for attainment.
As stated previously, attainment demonstrations for the 2010 1-hour
primary SO2 NAAQS must demonstrate future attainment and
maintenance of the NAAQS in the entire area designated as nonattainment
(i.e., not just at the violating monitor) by using air quality
dispersion modeling (see appendix W to 40 CFR part 51) to show that the
mix of sources and enforceable control measures and emission rates in
an identified area will not lead to a violation of the SO2
NAAQS. For a short-term (i.e., 1-hour) standard, EPA believes that
dispersion modeling, using allowable emissions and addressing
stationary sources in the affected area (and in some cases sources
located outside the nonattainment area which may affect attainment in
the area) is technically appropriate, efficient and effective in
demonstrating attainment in nonattainment areas because it takes into
consideration combinations of meteorological and emission source
operating conditions that may contribute to peak ground-level
concentrations of SO2.
The meteorological data used in the analysis should generally be
processed with the most recent version of AERMET. Estimated
concentrations should include ambient background concentrations, should
follow the form of the NAAQS, and should be calculated as described in
section 2.6.1.2 of the August 23, 2010 clarification memo on
``Applicability of appendix W Modeling Guidance for the 1-hr
SO2 National Ambient Air Quality Standard'' (U.S. EPA,
2010a).
IV. Review of Attainment Plan Requirements
A. Emissions Inventory
The emissions inventory and source emission rate data for an area
serve as the foundation for air quality modeling and other analyses
that enable states to: (1) Estimate the degree to which different
sources within a nonattainment area contribute to violations within the
affected area; and (2) assess the expected improvement in air quality
within the nonattainment area due to the adoption and implementation of
control measures. As noted above, the State must develop and submit to
EPA a comprehensive, accurate and current inventory of actual emissions
from all sources of SO2 emissions in each nonattainment
area, as well as any sources located outside the nonattainment area
which may affect attainment in the area. See CAA section 172(c)(3).
The primary SO2-emitting point source located within the
Sullivan County Area is Eastman, which produces organic acids,
aldehydes, esters, polymers, cellulose esters, specialty plastics, and
acetate fibers. The facility also produces process steam and
electricity for most of the operations, including hazardous waste
combustion, and wastewater treatment. Eastman consists of three main
SO2 emitting sources comprised of three powerhouses that
include a total of 14 boilers and several smaller emitters:
Powerhouse B-83 consists of Boilers 18-24, denoted B-18--
B-24, which fire coal to provide steam for facility operations. Each of
the seven emissions units has the following capacities: Boilers B-18--
B-20 are rated at 246 million British thermal units per hour (MMBtu/
hr); Boilers B-21--B-22 have a rated capacity of 249 MMBtu/hr; and
Boilers B-23--B-24 have a rated capacity of 501 MMBtu/hr. All seven B-
83 boilers have existing limits on SO2 emissions of 2.4 lbs/
MMBtu based on a 1-hour averaging period. Actual emissions from B-83
were 5,686 tons per year (tpy) in 2011.
Powerhouse B-253 consists of units B-25--B-29 which fire
coal to provide steam for facility operations. Each emissions unit, B-
25--B-29 has a rated capacity of 655 MMBtu/hr and an existing limit on
SO2 emissions of 2.4 lbs/MMBtu based on a 24-hour averaging
period. The B-253 powerhouse is currently undergoing a multi-year
project to convert the power generation from the coal-fired boilers to
natural gas-fired boilers to comply with regional haze best available
retrofit technology (BART). See section IV.B.4.i for additional BART
discussion. The result will be that the emissions units B-25--B-29 will
fire only natural gas as repowered units start up and for all units no
later than the attainment date for the 1-hour SO2 NAAQS,
October 4, 2018.\3\ Actual emissions from B-253 were 14,897 tpy in
2011.
---------------------------------------------------------------------------
\3\ As mentioned elsewhere in this proposed action, four boilers
have converted to exclusive use of natural gas for fuel combustion
already. These repowered units have different heat capacities, and
the fuel content is such that the actual emissions of SO2
will always be much less than the formerly permitted rate.
---------------------------------------------------------------------------
Powerhouse B-325 consists of Boilers B-30 and B-31, which
fire coal to provide steam for facility operations. Boiler B-30 has a
rated capacity of 780 MMBtu/hr and an existing emission limit on
SO2 emissions of 317 lbs/hr based on a 30-day averaging
period, equivalent to 0.406 lbs/MMBtu. Boiler B-31 is rated at 880
MMBtu/hr and has an existing limit on SO2 emissions of 293
lbs/hr based on a 30-day averaging period, equivalent to 0.333 lbs/
MMBtu. Actual emissions from B-325 were 1,276 tpy in 2011.
The B-248 unit consists of three hazardous waste
combustors, one liquid chemical waste incinerator and two rotary kilns
that can burn solid or liquid chemical waste, B-248-2, Vent A, and B-
248-1, Vents D and E, respectively. According to the attainment SIP
submitted by TDEC in May 2017, each of these units is subject to an
existing limit on SO2 emissions for an exhaust concentration
of 1,000 parts per million by volume SO2, equivalent to
1,109 tpy for B-248-2, Vent A, and 1,552 tpy each for 248-1, Vents D
and E. Actual emissions from B-248 were 7.3 tpy in 2011. On February 1,
2018, TDEC issued a revised title V permit (568496) that included
additional SO2 limits of 20 tpy for Vent A and 40 tpy for
Vents D and E, combined.
Eastman has 31 other smaller emission units that provide
various services to other parts of the facility, and these units
account for 194.56 tpy of the allowable emissions across the facility.
Actual emissions from the remaining units were 40.9 tpy in 2011. For
more information on these miscellaneous units, see the May 12, 2017,
submittal.
The emissions at units for Eastman were recorded either by using
data collected from CEMS or by material balances based on feed rates
and other parameters and are quality-assured by TDEC.\4\
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\4\ As detailed in Section IV. of this proposed action, CEMS
will be installed for Powerhouse B-83. Therefore, all subsequent
emissions inventories and all compliance assessments will be based
on CEMS measurements.
---------------------------------------------------------------------------
The next largest SO2 source within the nonattainment
area is the EnviraGlass, LLC glass manufacturing facility
(EnviraGlass). SO2 emissions from EnviraGlass were 49.3 tons
in 2011, as determined from material balances. The EnviraGlass
Kingsport facility consists of one main SO2 emitter. The
glass melting furnace #1 (GMF-1) fires natural gas and No. 2 fuel oil.
The allowable permit limit for EnviraGlass of 39.6 lb/hr was included
in the attainment modeling.
The next largest SO2 source in Sullivan County is
located just outside the Sullivan County Area boundary: Domtar Paper
Company, LLC, Kingsport Paper Mill (Domtar). Domtar produces pulp and
paper and is permitted to burn hog fuel, dry wood residue, engineered
fuel, wastewater treatment plant sludge, fuel oil, and natural gas.
SO2 emissions from this facility were 70.8 tons in 2011, as
determined from material balances.
[[Page 30614]]
The permitted allowable SO2 emissions limit for the main
SO2 emissions unit at Domtar, the HFB1-1 biomass boiler, was
included in the attainment modeling (264 lb/hr = 33.26 g/s). TDEC
determined that the other SO2 emissions units at Domtar did
not need to be explicitly modeled because of their smaller emissions
levels. Therefore, these sources were accounted for using the
background concentration discussed in section IV.B.5 of this notice.
TDEC utilized EPA's 2011 National Emissions Inventory (NEI),
Version 2 as the starting point for compiling point source emissions
for the base year emissions inventory. The hazardous waste incinerators
at Eastman in B-248 were erroneously reported as 20 tpy each for B-248-
1 and B-248-2. TDEC corrected this information from the 2011 NEI with
information submitted by Eastman.\5\ EnviraGlass, formerly Heritage
Glass, did not report emissions for the 2011 NEI, so TDEC used
semiannual compliance reports pursuant to the title V operating permit
for the facility to determine emissions.
---------------------------------------------------------------------------
\5\ For more information on this correction to the 2011 NEI,
Version 2 emissions, see Attachment A of Tennessee's May 12, 2017,
submittal.
---------------------------------------------------------------------------
TDEC also used the 2011 NEI, Version 2 to obtain estimates of the
area and nonroad sources. For onroad mobile source emissions, TDEC
utilized EPA's Motor Vehicle Emissions Simulator (MOVES2014). A more
detailed discussion of the emissions inventory development for the
Sullivan County Area can be found in Tennessee's May 12, 2017,
submittal.
Table 1 below shows the level of emissions, expressed in tpy, in
the Sullivan County Area for the 2011 base year by emissions source
category. The point source category includes all sources within the
nonattainment area.
Table 1--2011 Base Year Emissions Inventory for the Sullivan County Area
[tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year Point Onroad Nonroad Area Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011............................................................... 21,956.5 1.62 0.16 10.6 21,968.88
--------------------------------------------------------------------------------------------------------------------------------------------------------
Domtar is not included in the base year inventory for the Sullivan
County Area because it is outside of the boundary of the nonattainment
area. However, TDEC evaluated 2011 emissions from this facility to
evaluate its impact on the area. Domtar's emissions were reported for
the 2011 NEI, but TDEC determined that emissions from HFB1-1, the
biomass boiler, were initially reported in error as 2.06 tons. Actual
emissions were determined from fuel usage data supplied by Domtar,
leading to 44.1 tpy SO2 emitted in 2011 from HFB1-1 and
total facility-wide emissions of 70.8 tpy.\6\
---------------------------------------------------------------------------
\6\ For more information on this correction to the 2011 NEI,
Version 2 emissions, see Table 3-8 of the May 12, 2017, submittal.
---------------------------------------------------------------------------
EPA has evaluated Tennessee's 2011 base year emissions inventory
for the Sullivan County Area and has made the preliminary determination
that this inventory was developed consistent with EPA's guidance.
Therefore, pursuant to section 172(c)(3), EPA is proposing to approve
Tennessee's 2011 base year emissions inventory for the Sullivan County
Area.
The attainment demonstration also provides for a projected
attainment year inventory that includes estimated emissions for all
emission sources of SO2 which are determined to impact the
nonattainment area for the year in which the area is expected to attain
the standard. This inventory must address any future growth in the
Area. Growth means any potential increases in emissions of the
pollutant for which the Sullivan County Area is nonattainment
(SO2) due to the construction and operation of new major
sources, major modifications to existing sources, or increased minor
source activity. TDEC included a statement in its May 12, 2017
submittal declaring that the air agency assumes no growth of major
sources in the Sullivan County Area, and that minor source growth
should not significantly impact the Area. TDEC cites to its ``Growth
Policy'' found at Tennessee Air Pollution Control Regulations (TAPCR)
1200-03-09-.01(5), which includes the nonattainment new source review
(NNSR) program and the requirement for minor sources and minor
modifications proposing to construct in a nonattainment area to apply
BACT, approved into the SIP and last updated on July 30, 2012 (see 77
FR 44481). The NNSR program includes lowest achievable emissions rate,
offsets, and public hearing requirements for major stationary sources
and major modifications.
TDEC provided a future year projected emissions inventory for all
known sources included in the 2011 base year inventory, discussed
above, that were determined to impact the Sullivan County Area. The
projected emissions are set to be accurate beyond October 1, 2018, when
the control strategy for the attainment demonstration will be fully
implemented. Therefore, as an annual future year inventory, the point
source portion is accurate beyond October 1, 2018, and would represent
an annual inventory for 2019 or beyond. The projected emissions in
Table 2 are estimated actual emissions, representing a 67.6 percent
reduction from the base year SO2 emissions. The point source
emissions were estimated by taking credit for the control strategy to
repower the boilers at B-253 and assuming actual emissions at other
Eastman units would remain the same as in 2011. Additionally,
EnviraGlass has not operated in recent years, and TDEC includes a
statement in its May 12, 2017 submittal that as of February 2017, the
source had not resumed its operations. Therefore, EnviraGlass emissions
were projected as zero tpy. If this source began operation again,
actual emissions would be much less than those from Eastman (~50 tpy),
and would be reported in future inventories.
Per EPA's April 2014 SO2 guidance, the existing
allowable emissions limits and the new 30-day, combined emission limit
(see section IV.B.4) that TDEC is requesting EPA approve into the SIP,
were modeled to show attainment. These projected actual emissions
included in the future year inventory are less than the allowable
emission limits, and therefore offer a greater level of certainty that
the NAAQS will be protected under all operating scenarios. Emissions
estimates for onroad sources were re-estimated with MOVES2014. The
nonroad emissions were projected using national growth factors, and
area source emissions were scaled based on emission factors developed
using the Annual Energy Outlook 2014 for consumption and production
forecasts. Both categories were then apportioned to the nonattainment
area based on
[[Page 30615]]
population in the nonattainment area relative to that of Sullivan
County.\7\
---------------------------------------------------------------------------
\7\ For more information, see Attachments A-D of the May 12,
2017, submittal.
Table 2--Projected 2018 SO2 Emissions Inventory for the Sullivan County Area
[tpy]
----------------------------------------------------------------------------------------------------------------
Year Point Onroad Nonroad Area Total
----------------------------------------------------------------------------------------------------------------
2011............................ 21,956.5 1.62 0.16 10.6 21,968.88
2019............................ 7,104.5 0.64 0.006 10.521 7,115.67
----------------------------------------------------------------------------------------------------------------
B. Attainment Modeling Demonstration
Eastman operates a large manufacturing facility in Kingsport that
includes major SO2 sources with the potential to emit
greater than 100 tons per year (tpy) of SO2. The
SO2 emissions come from three main boiler groups B-83, B-253
and B-325. Powerhouse B-253 serves five boilers (Boilers 25-29), each
with an individual stack, that provide steam and electricity to the
facility. Powerhouse B-325 serves two coal-fired boilers that vent to a
single stack (Boiler 30 and Boiler 31). Boiler 30 is equipped with a
spray dryer absorber and electrostatic precipitator to control
particulate matter and acid gases. Boiler 31 is equipped with a spray
dryer absorber and fabric filter to control particulate matter and acid
gases. Powerhouse B-83 serves seven boilers; five coal-fired boilers
(Boilers 18-22) venting to a single stack, and two coal-fired boilers
(Boilers 23 and 24) that also burn wastewater treatment sludge, venting
to a single stack.
These boilers, along with three other backup natural gas-fired
boilers with minimal SO2 emissions (B-423), provide process
steam and most of the electrical power needed to supply Eastman's
operations. The combination of boilers and boiler operating loads at
any given time depends on manufacturing demands along with availability
of boilers, as each boiler has annual scheduled shutdowns. The
following discussion evaluates various features of the modeling that
Tennessee used in its attainment demonstration.
1. Model Selection
Tennessee's attainment demonstration used AERMOD, the preferred
model for this application, and the associated pre-processor modeling
programs. The State used the 16216r version of AERMOD with regulatory
default options and urban dispersion coefficients.\8\ Receptor
elevations and hill heights required by AERMOD were determined using
the AERMAP terrain preprocessor version 11103. The meteorological data
was processed using AERMET version 16216 with the regulatory adjusted
U* option. The surface characteristics around the meteorological
surface station were determined using AERSURFACE version 13016 and
building downwash was assessed with the BPIP processor (version 04274).
EPA proposes to find these model selections appropriate for the
attainment demonstration.
---------------------------------------------------------------------------
\8\ Tennessee and Eastman determined that urban dispersion
coefficients are appropriate for the modeling analysis based upon an
assessment of land use within a 3-kilometer radius of the Eastman
boiler stacks using the Auer technique contained in Section
7.2.1.1.b.i of 40 CFR part 51, appendix W. The analysis resulted in
52.4 percent of the area being classified as urban land use
categories, which is above the 50 percent criteria for using urban
dispersion coefficients. Additionally, Tennessee and Eastman
performed an analysis to estimate an effective population for the
urban option to account for the large industrial heat release at the
Eastman facility. The results of this analysis yield an effective
population of 200,000, which is approximately four times the
approximate 50,000 population of Kingsport, Tennessee. The complete
details of Tennessee and Eastman's analysis are discussed in Section
4.1 of Attachment G1, ``NAAQS Attainment Demonstration Modeling
Analysis,'' in Tennessee's final SIP submittal. EPA preliminarily
agrees that urban dispersion coefficients with an effective
population of 200,000 is appropriate for the modeling, and believes
the procedures to estimate the effective population are appropriate.
---------------------------------------------------------------------------
2. Meteorological Data
The Sullivan County nonattainment area is in a wide valley
surrounded by complex terrain ridges. Eastman evaluated available
surface meteorological data in the area and determined that none of
nearby National Weather Surface (NWS) stations in area were
representative of the site-specific winds that occur in the
nonattainment area valley. Therefore, Eastman installed and operated a
site-specific 100-meter meteorological data tower and Doppler SODAR
system to collect profiles of meteorological data (wind speed, wind
direction, temperature). One year of site-specific data was collected
from April 1, 2012 through March 31, 2013.\9\ EPA has reviewed the
site-specific meteorological data and has preliminarily determined that
the data meets the quality assurance criteria and the 1-year of data is
appropriate for the modeling analysis. Site-specific turbulence
parameters (sigma-theta and sigma-w) were also collected. However, as
recommended in the December 2016 final revisions to the EPA's Guideline
on Air Quality Models, contained in 40 CFR part 51, appendix W
(Appendix W), since Eastman chose to use the adjusted U* (surface
friction velocity) regulatory option in AERMET, the site-specific
turbulence parameters were not used. The data from the 100-meter tower
and Doppler SODAR were merged with concurrent additional NWS surface
data parameters needed by AERMOD (e.g., cloud cover data) from the Tri-
City Regional Airport National Weather Station (13877) and upper air
data from Nashville, TN (13897).
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\9\ Pursuant to Section 8.4.2.e of 40 CFR part 51, appendix W,
if site-specific meteorology is used for the modeling analysis, at
least 1-year of site-specific data should be collected. The data
should meet the quality assurance criteria in EPA's 2000
``Meteorological Monitoring Guidance for Regulatory Modeling
Applications.'' Publication No. EPA-454/R-99-005. Office of Air
Quality Planning and Standards, Research Triangle Park, NC. (NTIS
No. PB 2001-103606).
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The surface roughness (zo), albedo (r), and Bowen ratio (Bo)
required surface parameters were determined for the area around the
site-specific meteorological surface station using AERSURFACE version
13016. Eastman processed the meteorological data and surface parameters
into AERMOD-ready files using AERMET version 16216 with the regulatory
adjusted U* option. Complete details of the meteorological data
collection and processing are available in sections 3.1-3.8 of
Attachment G1, ``NAAQS Attainment Demonstration Modeling Analysis,'' in
Tennessee's final SIP submittal. EPA preliminarily finds that the
meteorological data collection and processing is appropriate for the
modeled attainment demonstration.
3. Emissions Data
The emission inputs to Tennessee's attainment demonstration
modeling reflect 1-hour emissions that correspond to allowable
emissions from sulfur dioxide emission units at the Eastman facility
and other nearby emissions sources located within and outside the
[[Page 30616]]
Sullivan County nonattainment area. Eastman's modeled emissions sources
include nine coal-fired boilers, five natural gas boilers that were
converted from coal-fired to natural gas-fired units, and a tail-gas
incineration unit. Although the limit on emissions from Eastman governs
the 30-day average sum of emissions from all nine coal-fired boilers,
Tennessee conducted modeling using a constant hourly rate (the 1,905
lb/hr 1-hour CEV), as recommended by EPA's April 2014 SO2
guidance. As discussed in more detail in section IV.B.6 below,
Tennessee has conducted 34 modeling runs using a full range of emission
distributions, to show that the limit ensures attainment, regardless of
how emissions are distributed among the various boilers within this
limit. In addition, Tennessee used the statistical procedures
recommended in Appendix C of EPA's guidance to establish an adjustment
factor that it applied to determine the limit it would otherwise have
set.
Two additional SO2 emissions sources, EnviraGlass,
located within the nonattainment area, and Domtar Paper, located just
outside the nonattainment area, were also included in Tennessee's
attainment demonstration modeling, modeled at their hourly emission
limits. Additional details regarding the emissions units are included
in the Emissions Inventory, section IV.A., of this proposed rule and
section 2 of Attachment G1, ``NAAQS Attainment Demonstration Modeling
Analysis,'' in Tennessee's final SIP submittal. EPA proposes to find
that the emissions sources included in the modeling are appropriate for
the attainment demonstration. All other sources not explicitly included
in the modeling were addressed using the background concentration
discussed in section IV.B.5 of this notice.
4. Emission Limits
An important prerequisite for approval of an attainment plan is
that the emission limits that provide for attainment be quantifiable,
fully enforceable, replicable, and accountable. See General Preamble at
13567-68. Some of the limits that Tennessee's plan relies on are
expressed as 30-day average limits. Therefore, part of the review of
Tennessee's attainment plan must address the use of these limits, both
with respect to the general suitability of using such limits for this
purpose and with respect to whether the limits included in the plan
have been suitably demonstrated to provide for attainment. The first
subsection that follows addresses the enforceability of the limits in
the plan, and the second subsection that follows addresses the
combined, 30-day emission limit for Boilers 18-24, 30 and 31. Sections
IV.B.6 and 7 discuss the modeling conducted to demonstrate that the
limit of combined emissions of these boilers suitably provides for
attainment.
i. Enforceability
Section 172(c)(6) provides that emission limits and other control
measures in the attainment SIP shall be enforceable. Tennessee's
attainment SIP for the Sullivan County nonattainment area relies on
control measures and enforceable emission limits for Powerhouses B-253,
B-83 and B-325 (for more discussion on these boilers, please refer to
section IV.A above). These emission reduction measures were accounted
for in the attainment modeling for the Eastman facility which
demonstrates attainment for the 2010 NAAQS.
Tennessee's control strategy for B-253 relies on compliance with
the State's Regional Haze SIP to install BART for SO2 and
other pollutants that impair visibility at Class I areas. TDEC's
original April 4, 2008, regional haze SIP identified B-253 (Boilers 25-
29) at Eastman Chemical as BART-eligible units.\10\ Tennessee
subsequently amended its regional haze SIP (May 14, 2012 and May 25,
2012) to establish BART requirements for Eastman including an
alternative BART option to repower (convert coal-fired boilers to
natural gas) Boilers 25-29 at B-253 by December 31, 2018.\11\ The
alternative BART measure became federally-enforceable through the
issuance of BART permit 066116H on May 9, 2012, and an amendment on May
22, 2012, which changed the conversion completion date to align with
the 1-hour SO2 NAAQS compliance deadline of October 4, 2018
(Condition 4(f)).\12\ Tennessee issued construction permit 966859F on
June 15, 2013, authorizing construction of the B-253 boilers conversion
to natural gas. Condition 6 of Permit 966859F establishes a natural gas
fuel restriction after conversion is complete for each boiler.
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\10\ A BART-eligible source is an emission source that has the
potential to emit 250 tons or more of a visibility-impairing
pollutant, was constructed between August 7, 1962 and August 7,
1977, and whose operations fall within one or more of 26 listed
source categories. The Clean Air Act requires BART for any BART-
eligible source that a State determines ``emits any air pollutant
which may reasonably be anticipated to cause or contribute to any
impairment of visibility in any such area.'' EPA finalized a limited
approval/limited disapproval of portions of Tennessee's April 4,
2008, regional haze SIP on April 24, 2012 (77 FR 24392). The April
4, 2008, SIP established the State's plan to comply with federal
requirements to ensure natural visibility conditions at Class I
areas by requiring affected sources to install BART for
SO2 and other visibility-impairing pollutants.
\11\ Tennessee's initial Eastman BART determination required
Eastman to reduce SO2 emissions at Boilers 25-29 either
by 92 percent or comply with a limit of 0.20 lbs/MMBtu established
through the BART permit (066116H). EPA approved Eastman's BART
determination, the alternative BART option and permit 066116H on
November 27, 2012 (77 FR 70689).
\12\ Condition 4(f) also prohibits operation of any B-253 boiler
not converted after the October 2018 SO2 NAAQS compliance
date until repowered to natural gas.
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In conjunction with the natural gas conversion control strategy at
B-253, Tennessee also established a 30-day combined SO2
emission limit for nine coal-fired boilers at B-83 (seven boilers) and
B-325 (two boilers) pursuant to EPA's April 2014 SO2
guidance on longer term average limits (see section IV.B.4.ii below).
Tennessee established a single, combined 30-day rolling average of
1,753 lbs/hr SO2 emission limit through Permit 070072F on
May 10, 2017, for Boilers 18-24 at B-83 and Boilers 30-31 at B-325.
Boilers 30 and 31 at B-325 also have existing individual SO2
emission limits of 317 lbs/hr and 293 lbs/hr, respectively, based on a
30-calendar day rolling average.\13\ Eastman must comply with the
combined 30-day limit for the 30-day period ending on October 31, 2018
\14\ and each 30-day period thereafter. Therefore, Eastman must begin
to comply with the new limit no later than October 2, 2018. Compliance
will be determined based on continuous emission monitoring system
(CEMS) data for all nine boilers. EPA provides additional details,
section IV.B.4.ii below, regarding how the combined 30-day
SO2 emission limit was derived. The enforceable emission
limit and compliance parameter ensure control measures will achieve the
necessary incremental SO2 emissions reductions necessary to
attain the NAAQS as expeditiously as practicable. Based on
[[Page 30617]]
the attainment modeling of B-253 repowering combined with the 30-day
SO2 emission limits for B-83 and B-325, the area is
projected to begin showing attaining monitoring design values.
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\13\ Established in construction Permit 955272F, Boiler 30 has a
317 lbs/hr 30-day SO2 limit and Boiler 31 has a 293 lbs/
hr 30-day SO2 limit, giving B-325 an allowable limit of
610 lbs/hr on a 30-day average.
\14\ EPA's April 2014 SO2 guidance recommends that
attainment plans provide for compliance at least one calendar year
prior to the attainment deadline, to facilitate collection of air
quality monitoring data reflecting attainment plan implementation.
This air quality data would indicate whether the attainment plan is
in fact successfully providing for attainment. Nevertheless, the
guidance also notes that EPA has the discretion to approve plans
that are judged to provide for attainment by the statutory
attainment deadline, even if the monitoring data collected prior to
the attainment deadline are judged to indicate that that plan has
not yielded timely attainment. EPA believes that Tennessee's
attainment plan provides for attainment, notwithstanding the
possibility that subsequent review of available monitoring data may
support a conclusion that the plan did not in fact provide for
timely attainment.
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Tennessee's May 11, 2017, attainment SIP requests EPA approve into
the SIP the authorization for alternative BART repowering of Boilers
25-29 at B-253 at Condition 4(f) of Regional Haze permit 066116H \15\
(approved into Tennessee's regional haze SIP on November 12, 2012),
natural gas fuel restriction for Boilers 25-29 (after each natural gas
conversion) at Condition 6 of PSD construction permit 966859F, and the
30-day rolling single, combined SO2 emission limit of 1,753
lbs/hr for boilers at B-83 and B-325 at Conditions 1 through 4 \16\ of
permit 070072F, which also include compliance parameters (monitoring,
recordkeeping and reporting). The accountability of the SO2
emission limit is established through TDEC's inclusion in the
nonattainment SIP and in the attainment modeling demonstration to
ensure permanent and enforceable emission limitations as necessary to
provide for attainment of the 2010 SO2 NAAQS.
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\15\ EPA notes condition 4(f) was approved into Tennessee's SIP
on November 12, 2012 as part of the State's Regional Haze SIP. See77
FR 70689.
\16\ In Tennessee's SO2 attainment SIP (page 33) the
state requested EPA approve Conditions 1-5 from Permit 070072F
however, EPA notes only four conditions were included in the final
issued permit.
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ii. Longer Term Average Limits
Tennessee has developed a single, combined emission limit of 1,753
lbs/hr of SO2 emissions on a 30-day average basis. This
emission limit applies to nine coal-fired boilers, which emit
SO2 from three separate stacks from powerhouses B-83 and B-
325. These nine coal-fired boilers help provide both steam and
electricity for the Eastman facility and Boilers 23 and 24 (at B-83)
also burn wastewater treatment sludge. Based on the unique,
interconnected operations and the steam demand for the Eastman
facility, Tennessee elected to establish a single, combined emission
limit governing the sum of emissions from these nine boilers. Tennessee
concluded that the NAAQS will be attained so long as total hourly
emissions from these nine boilers are at or below 1,905 lbs/hr.
Tennessee based this conclusion on a set of 34 modeling runs, which
encompassed several ``worst-case'' emissions scenarios. These scenarios
and the modeling results are described in detail in section IV.B.6 of
this notice. EPA ordinarily uses the term critical emissions value
(CEV) to mean the 1-hour emission rate for an individual stack that, in
combination with the other CEVs for other relevant stacks, the state
shows through proper modeling to yield attainment. However, in this
case, EPA is using the term CEV to mean the total emissions from all
nine Eastman coal-fired boilers emitting from three stacks that
Tennessee has shown to yield attainment, reflecting Tennessee's
approach of evaluating an appropriate limit on the sum of these
emissions.
After establishment of this combined-source CEV, Tennessee used the
procedures recommended in Appendix C of EPA's April 2014 SO2
guidance to determine an adjustment factor with which to establish a
single, combined emission limit with a longer term averaging time (30-
day). Tennessee analyzed three years of historical hourly emissions
data (2013-2015) from the nine boilers in question. Tennessee used the
sum of emissions from the nine boilers in this analysis, determining a
99th percentile of the 1-hour total emissions values and a 99th
percentile of the 30-day average total emission values. The ratio of
these 99th percentile values yielded an adjustment factor of 0.92.
Multiplication of this adjustment factor times the collective CEV
yielded a 30-day average limit of 1,753 lbs/hr. EPA believes that
Tennessee, by following the approach recommended in Appendix C of the
April 2014 SO2 guidance, has justified a conclusion that
this 1,753 lbs/hour limit (governing the sum of emissions from the nine
boilers) may be considered comparably stringent to a 1-hour limit of
1,905 lbs/hr (again governing the sum of emissions from the nine
boilers). Since the emission limit being established for these nine
boilers is a single, combined limit, EPA believes it is appropriate for
the adjustment factor also to be computed based on the total combined
emissions from the nine boilers. Therefore, EPA proposes to agree that
the adjustment factor of 0.92 is appropriate in this case.
EPA's April 2014 SO2 guidance further states, ``The
second important factor in assessing whether a longer term average
limit provides appropriate protection against NAAQS violations is
whether the source can be expected to comply with a longer term average
limit in a manner that minimizes the frequency of occasions with
elevated emissions and magnitude of emissions on those occasions.'' The
guidance advises that the establishment of supplemental limits to
provide direct constraints on the frequency and/or magnitude of
emissions exceeding the CEV can be valuable, but the guidance also
acknowledges the possibility that occasions of emissions exceeding the
CEV may be rare and modest in magnitude even without supplemental
enforceable limitations. Tennessee concluded that occasions of
emissions exceeding the critical emissions would be infrequent and
modest in magnitude even without adoption of supplemental limits. EPA
conducted its own evaluation of whether this element of the guidance is
satisfied, such that compliance with Tennessee's 30-day average
emission limit would provide adequate confidence that the area will
attain the standard.
The historical emissions data do not provide a direct measure of
the frequency and magnitude of elevated emissions to expect once
Eastman complies with the 30-day limit. The historical Eastman
emissions data that Tennessee used is from a period in which emissions
frequently were higher than the new limit. During the 2013 to 2015
period, Eastman's total emissions exceeded the subsequently adopted
limit (1,753 lbs/hr) in approximately 32.4 percent of 30-day averages,
and exceeded the 1-hour CEV (1,905 lbs/hr) in approximately 21.5
percent of hours. Thus, Eastman will be required to make emission
reductions sufficient to comply with the new 30-day limit (1,753 lb/
hr), which would both eliminate the occasions of 30-day average
emissions above 1,753 lbs/hr and reduce the number and possibly
eliminate the occasions when 1-hour emission levels exceed 1,905 lbs/
hr. The question then is how frequently and with what associated
emission levels can 1-hour emissions levels be expected to exceed the
CEV once Eastman complies with the 30-day average limit.
Since Tennessee has permitted a combined, multi-stack emission
limit (1,753 lb/hr) for the nine coal-fired boilers, there are multiple
compliance scenarios possible. Consequently, there is also a range of
frequencies that the hourly emissions can exceed the CEV while still
meeting the 30-day permit limit. To forecast the frequency and
magnitude of emissions of occasions with emissions above the CEV, EPA
asked Tennessee for information regarding how Eastman expects to comply
with the new limit. Tennessee responded \17\ that Eastman's compliance
strategy will likely be to modify the order of dispatch of the nine
boilers in question, dispatching Boilers 18 through 22 from Powerhouse
B-83 less often in the future, in particular by reducing the
dispatching of the smaller coal-fired boilers (Boilers 18, 19, and 20)
in favor
[[Page 30618]]
of greater operation of the larger boilers that are being converted to
burn natural gas.\18\ These smaller boilers are the oldest and least
efficient boilers of the nine and provide only low pressure steam to
the facility. EPA used this information provided by Tennessee and the
less efficient nature of these boilers and further analyzed the
historical (2013 to 2015) emissions. Given the order of preference in
boiler dispatch provided by Tennessee and efficiency considerations,
EPA expects that three boilers (B-18 to B-20) may be operated at
approximately 20 percent of their historical rates. This level of
operation for these boilers would yield compliance with the new limit
and allow Eastman to meet its steam generation needs. With that level
of operation of those boilers, the number of occasions of total plant
emissions exceeding the CEV was found to be 1.1 percent of the hours,
with these hours on average being 4.4 percent above the CEV.\19\ During
EPA's analyses, we found that the frequency of emissions over the CEV
could range from 1 to 10 percent of the time, depending on the
operational scenario used to comply with the 30-day limit. While EPA
acknowledges the uncertainty in forecasting the frequency of elevated
emissions and the magnitude of emissions on those occasions, based on
the information received from Tennessee and our own analysis, EPA
believes that emissions at Eastman are unlikely to exceed the CEV more
than a few percent of the hours, at levels generally only a modest
percent over the CEV. Compliance with the 30-day limit will be ensured
using a CEMS and appropriate monitoring, recordkeeping and reporting
requirements. Consequently, EPA proposes to conclude that the second
criterion for use of longer term average limits is satisfied, even
without supplemental limits to constrain the frequency and emissions
level of occasions when emissions exceed the CEV.
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\17\ See emails from TDEC to EPA Region 4 dated January 26 and
February 8, 2018.
\18\ Tennessee's analysis in the February 8 email confirmed
that, under the new combined limit, there should be adequate
capacity available at natural gas boilers at B-253 and B-423,
without the need to revise existing permit limits for these
individual units.
\19\ The email correspondence with TDEC and supporting
documentation (including Tennessee's spreadsheet data and EPA's
spreadsheet used for these calculations) are in the docket (ID: EPA-
R04-OAR-2017-0626) for this proposed rule.
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Based on a review of the State's submittal, EPA believes that the
single, combined 30-day average limit for the nine boilers in
Powerhouses B-83 and B-325, in conjunction with the existing individual
30-day average limits for Boilers B-30 and B-31, provides a suitable
alternative to establishing a 1-hour average emission limit for each
unit or for the collected units at this source. Further discussion of
Tennessee's modeling analysis of its set of limits, along with
discussion of pertinent considerations in applying the procedures of
Appendix C of EPA's guidance in determining appropriate longer term
limits, is provided in section IV.B.6 below. In summary, EPA believes
that the State has used a suitable data base in an appropriate manner
and has thereby applied an appropriate adjustment, yielding an emission
limit that has comparable stringency to the 1-hour average limit that
the State determined would otherwise have been necessary to provide for
attainment. While the 30-day average limit allows for occasions in
which emissions may be higher than the level that would be allowed with
the combined-unit 1-hour limit, the State's limit compensates by
requiring average emissions to be lower than the level that would
otherwise have been required by a 1-hour average limit. As described
above in this section, in section III and explained in more detail in
EPA's April 2014 SO2 guidance for nonattainment plans, EPA
believes that appropriately set longer term average limits provide a
reasonable basis by which nonattainment plans may provide for
attainment. Based on the general information provided in this guidance
document as well as the information in Tennessee's attainment SIP, EPA
proposes to find that the 30-day average limit for Eastman's nine
boilers in combination with other limitations in the State's plan will
provide for attainment of the NAAQS.
5. Background Concentration
In accordance with section 8.3 of 40 CFR part 51, appendix W,
Tennessee's attainment demonstration addresses the impacts from all
SO2 emissions sources not explicitly included in the AERMOD
modeling analysis by adding representative background concentrations to
the impacts from the modeled sources. The State and Eastman chose to
use 2013-2015 ambient monitoring data from a sulfur dioxide monitor
located at Mammoth Cave National Park in Kentucky (AQS ID 21-061-0501)
to develop ``seasonal by hour of the day'' background concentrations.
The hourly concentrations range from 2.79 to 18.51 micrograms per cubic
meter ([micro]g/m\3\). The complete details of the background
concentrations are described in section 3.9 of Attachment G1 of the
Tennessee's Attainment Demonstration submittal. EPA preliminarily finds
use of the Mammoth Cave background data is appropriate for the
attainment modeling analysis.
6. Analysis of Multi-Stack Limit
The use of a limit governing the sum of emissions from multiple
stacks, in lieu of individual limits for each stack, calls for a
demonstration that the worst-case distribution of these emissions
provides for attainment. To provide this demonstration, Tennessee
conducted thirty-four (34) AERMOD modeling runs using varying
combinations of boiler load and emissions scenarios for the nine coal-
fired boilers to verify that the modeling includes the worst-case
operational scenarios allowed under the single, thirty-day rolling
average, emissions limit of 1,753 lbs/hr for the nine coal-fired
boilers. The 34 modeling scenarios were performed to derive the single,
combined 1,905 lbs/hr CEV for the nine coal-fired boilers (two stacks
at the B-83 Powerhouse and one stack at the B-325 Powerhouse) that
results in modeled attainment of the NAAQS. As defined in EPA's April
2014 SO2 guidance, the CEV is the level of emissions that
results in modeled concentrations that are just below the level of the
NAAQS; as noted above, this term is being applied to the combination of
emissions from the nine coal-fired boilers referenced earlier in the
notice.
With these 34 AERMOD modeling runs, Tennessee and Eastman evaluated
a wide range of future potential operational scenarios, considering
boiler steam load demands for Eastman's production processes and boiler
load-shifting that is projected to occur once the conversion of the
five coal-fired boilers at B-253 (Boilers 25-29) from burning coal to
natural gas is completed by October 2018. Based upon this evaluation,
34 operational scenarios were selected by Tennessee and Eastman for the
CEV modeling analysis. Four of these 34 operation scenarios reflected
all of the SO2 being emitted from a single stack, including
two scenarios where all of the 1,905 lbs/hr is released from one or the
other of the two B-83 stacks individually, one scenario where the B-325
stack emitted 726 lbs/hr \20\ (which is the one hour equivalent to the
current permitted, federally enforceable allowable
[[Page 30619]]
emissions limit for B-325), and one scenario where the B-325 stack
emitted 1,800 lbs/hr to simulate a B-325 worst-case emissions scenario.
The modeled predicted concentrations from the three single-stack
scenarios with permissible emission levels ranged from 89.08 [micro]g/
m\3\ to 182.7 [micro]g/m\3\; the scenario with B-325 emitting 1,800
lbs/hr, well above its permissible level, yielded an estimated highest
concentration of 190.8 [micro]g/m\3\. Nine modeling scenarios were
performed to evaluate emissions from various combinations when two of
the three stacks are in operation. For these scenarios, the 1,905 lbs/
hr CEV rate was divided between the two stacks in multiple combinations
to represent reasonable potential worst-case future operations. The
modeled predicted concentrations from the nine two-stack scenarios
range from 171.6 [micro]g/m\3\ to 190.5 [micro]g/m\3\, with the highest
value of 190.5 [micro]g/m\3\ resulting from a scenario when the Boilers
18-22 B-83 stack was emitting at the highest level near its maximum
capacity (1,039 lbs/hr), the Boilers 23-24 B-83 stack was emitting near
its average rate (866 lbs/hr), and Boilers 30-31 were not operating (0
lb/hr). Twenty-one modeling scenarios were performed to evaluate
simultaneous operation of all three stacks. As with the two-stack
scenarios, the 1,905 lbs/hr critical value emissions rate was divided
among the three stacks in multiple combinations to represent reasonable
potential worst-case future operations. The modeled predicted
concentrations from the twenty-one three-stack scenarios range from
186.0 [micro]g/m\3\ to 195.37 [micro]g/m\3\. The maximum model
predicted concentration from the three-stack scenarios, which is also
the maximum for all 34 scenarios, 195.37 [micro]g/m\3\, occurred in the
three-stack operational scenario that assumes the majority of the
emissions came from the Boilers 18-22 B-83 stack emitting near its
maximum capacity (1,133 lbs/hr), emissions were slightly below normal
from the Boilers 23-24 B-83 stack (719 lbs/hr), and emissions were low
from the B-325 stack (53 lbs/hr, as Boiler 30 was assumed to not be
operating and Boiler 31 operating under minimal load). Tables which
summarize the emissions and modeling input parameters for each of the
34 scenarios and additional details about the full range of scenarios
are contained in the State's modeling analysis in sections 7.11 and
7.12 of the State's Attainment Demonstration Submittal and section 5 of
Attachment G1, ``NAAQS Attainment Demonstration Modeling Analysis,'' in
Tennessee's final SIP submittal.
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\20\ Established in PSD Permit 955272F, Boiler 30 has a 317 lbs/
hr 30-day SO2 limit and Boiler 31 has a 293 lbs/hr 30-day
SO2 limit, giving B-325 an allowable limit of 610 lbs/hr
on a 30-day average. For the purposes of modeling, Eastman
calculated an adjustment factor specific to the B-325 stack in
accordance with the methods of Appendix C of EPA's guidance. Eastman
calculated an adjustment factor of 0.84, which yielded a
corresponding one-hour emission rate of 726 lbs/hr.
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As noted earlier, in calculating the adjustment factor to multiply
times the collective CEV (the 1-hour sum of emissions providing for
attainment in the full range of distribution of the emissions) to
determine a comparably stringent collective 30-day emission limit,
Tennessee used statistics for the sum of emissions from all the stacks
governed by this limit. EPA's guidance does not expressly recommend how
to address comparable stringency for limits that address the sum of
emissions across multiple stacks. However, EPA's guidance at page 32
states:
The selection of data handling procedures influences the longer
term averages that are computed and thus influences the relationship
between a 1-hour limit and a comparably stringent longer term
average limit. Therefore, . . . all analyses for determining
comparably stringent longer term average limits should then apply
those data handling procedures.
This suggests that the computation of adjustment factors for a limit
governing the sum of emissions from multiple stacks should be based on
statistical analysis of the variability of the sum of emissions from
the multiple stacks, irrespective of the variability of emissions from
the individual stacks. In the case of Eastman, while the facility
shifts load among its various boilers, resulting in relatively variable
emissions at any boiler, the total load is relatively steady, resulting
in only modest variability of total emissions. As a result, use of a
30-day limit makes less difference in the control measure needed to
meet the limit, and so less adjustment is needed to establish a 30-day
limit that is comparably stringent to the corresponding 1-hour limit.
Given the demonstration that the full range of potential distributions
of 1,905 lb/hr provides for attainment, EPA also believes that a 30-day
average limit of 1,753 lb/hr provides suitable assurance that
attainment would result under the full range of distribution of these
allowable emissions.
7. Summary of Modeling Results
The AERMOD modeling analysis contained in Tennessee's Attainment
Demonstration submittal resulted in a maximum modeled design value of
195.37 [micro]g/m\3\, including the background concentration, which is
less than the 196.4 [micro]g/m\3\ (75 ppb) 1-hour sulfur dioxide NAAQS.
EPA has evaluated the modeling procedures, inputs and results and
proposes to find that the results of the State's modeling analysis
demonstrate that there are no modeled violations of the NAAQS within
the nonattainment area when the combined emissions from the nine coal-
fired boilers are no greater that the 1,905 lbs/hr CEV. Additionally,
EPA proposes to find that the 34 modeling scenarios are adequate to
address the range of possible future operating scenarios of the boilers
at the Eastman facility and, therefore, support that the 1,905 lbs/hr
combined CEV is appropriate. Section IV.B.4.ii. of this notice explains
how Tennessee and Eastman developed the 1,753 lbs/hr 30-day rolling
average permit limit following the procedures in EPA's April 2014
SO2 guidance.
C. RACM/RACT
CAA section 172(c)(1) requires that each attainment plan provide
for the implementation of all RACM as expeditiously as practicable
(including such reductions in emissions from existing sources in the
area as may be obtained through the adoption, at a minimum, of RACT)
and shall provide for attainment of the NAAQS. EPA interprets RACM,
including RACT, under section 172, as measures that a state determines
to be reasonably available and which contribute to attainment as
expeditiously as practicable for existing sources in the area.
Tennessee's plan for attaining the 1-hour SO2 NAAQS in
the Sullivan County SO2 nonattainment area is based on
several measures, including repowering the B-253 boilers from coal to
natural gas operation. Tennessee's plan requires compliance with these
measures by October 1, 2018. This date is consistent with Tennessee's
Regional Haze SIP, which was amended on May 9, 2012. The amended SIP
allowed Eastman to implement BART no later than April 30, 2017, or an
alternative BART option (repowering of the boilers from coal to natural
gas) by December 31, 2018. The alternative BART option became federally
enforceable with the issuance of BART permit 066116H on May 9, 2012. A
prevention of significant deterioration (PSD) construction permit
(966859F), which authorizes construction for the boiler repowering, was
issued June 5, 2013. Condition 4(f) of permit 066116H requires the
repowering of B-253 to be completed no later than the compliance
deadline for the one-hour SO2 NAAQS. Also, Tennessee
evaluated B-325 Boiler 31, and determined that the spray dryer
absorber/fabric filter baghouse combination already in place
constitutes RACT, and that therefore no further analysis is required.
Tennessee considered various other measures for the remaining B-83
and B-325 boilers. The State evaluated a range of measures to reduce
SO2 emissions,
[[Page 30620]]
including switching to low-sulfur coal, upgraded or additional control
equipment, conversion of existing coal-fired boilers to natural gas,
and replacing existing coal-fired boilers with natural gas boilers.
Tennessee determined that these other measures are not reasonable for a
variety reasons, including infeasibility and cost, and that they were
not needed to attain the NAAQS and would not advance the attainment
date. See Table 5-2 in the submittal for additional details on the
measures analyzed. In addition, Tennessee evaluated other operations at
Eastman as well as additional sources within and adjacent to the
nonattainment area and determined that no additional controls were
required as RACT.
Tennessee has determined that repowering B-253 to natural gas
constitutes RACT and EPA proposes to concur with the state's RACT
analysis. Based on the attainment modeling, described herein, for the
B-253 control measures combined with the 30-day SO2 emission
limit for B-83 and B-325, the area is projected to show attainment of
the 1-hour SO2 standard. EPA believes the attainment plan
provides for attainment through the adoption and implementation of
Tennessee's RACT/RACM emission control strategy. Therefore, EPA
proposes to conclude that the state has satisfied the requirement in
section 172(c)(1) to adopt and submit all RACM as needed to attain the
standards as expeditiously as practicable.
D. New Source Review (NSR)
Tennessee's SIP-approved NSR rules for nonattainment areas (NNSR)
are at TAPCR 1200-03-09-.01(5), last approved by EPA on July 30, 2012.
See 77 FR 44481. These rules provide for appropriate NSR for
SO2 sources undergoing construction or major modification in
the Sullivan County Area without need for modification of the approved
rules. Therefore, EPA proposes to conclude that this requirement is met
for this Area through Tennessee's existing NSR rules.
E. Reasonable Further Progress (RFP)
The CAA section 172(c)(2) requires the SIP provide reasonable
further progress towards attainment of the applicable NAAQS. Regarding
part D nonattainment plans, section 171(1) of the CAA defines RFP as
the annual incremental reduction in emissions of the relevant pollutant
as are required for the purpose of ensuring attainment of the
applicable NAAQS by the applicable date. As discussed above,
Tennessee's 2008 regional haze SIP required Eastman implement BART at
B-253 (Boilers 25-29). The State revised its SIP to establish an
alternative BART option to repower/convert all five coal-fired boilers
at B-253 to natural gas units and changed the compliance deadline to
the 1-hour SO2 NAAQS attainment date or October 4, 2018.\21\
TDEC and Eastman indicated that the size and complexity of the
repowering required additional time to ensure the conversion was
technically feasible. Tennessee's control strategy to reduce
SO2 emission and attain the 2010 standard as expeditiously
as practicable include the repowering of the five coal-fired boilers at
B-253 and imposing an SO2 emission limit for the nine coal-
fired boilers for B-83 and B-325. Eastman established a repowering
timeline for B-253 listed in Table 3 below and in Tennessee'
SO2 attainment SIP.
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\21\ Tennessee's attainment SIP mistakenly states that the 1-
hour SO2 attainment date is October 5, 2018 instead of
October 4, 2018.
Table 3--Estimated Compliance Schedule for B-253 Repowering
------------------------------------------------------------------------
Boiler Date \22\ Activity
------------------------------------------------------------------------
25.......................... 1st Complete; startup date
Quarter(Q1), was April 23, 2014.
2014.
27.......................... 1st and 2nd Equipment mobilization,
Quarter in six-week conversion and
2016. demobilization; pre-
outage construction
conducted 4th quarter of
2017 thru the 1st
quarter in 2018.
Conversion Complete--
start-up date was April
23, 2016.
28.......................... 2nd and 3rd Equipment mobilization,
Quarter in six-week conversion and
2016. demobilization; pre-
outage construction
conducted 4th quarter of
2017 thru the 1st
quarter in 2018.
Conversion Complete--
start-up date was
October 2, 2016.
29.......................... 1st and 2nd Equipment mobilization,
Quarter in six-week conversion and
2018. demobilization; pre-
outage construction
conducted 4th quarter of
2017 thru the 1st
quarter in 2018.
Conversion Complete--
start-up date was March
30, 2018.
26.......................... 3rd Quarter in Equipment mobilization,
2018. six-week conversion and
demobilization; pre-
outage construction
conducted 4th quarter of
2017 thru the 1st
quarter in 2018.
------------------------------------------------------------------------
Based on this projected timeline, Eastman intends to complete
conversion of B-253 by the 3rd quarter of 2018 just before the October
4, 2018 attainment date. At the time of this proposed rulemaking, four
of the five coal-fired boilers at B-253 (B-25, 27, 28, and 29) have
been converted, are fully operational and currently subject to the
natural gas fuel restriction established in Permit 966859F. According
to Eastman, this compliance schedule was the most practicable to meet
the BART requirements and attain the SO2 NAAQS to maintain
the necessary steam and electricity for manufacturing operations. This
is also due, in part, to the state required (Tennessee Code Section 68-
122-110) annual boiler safety inspection and maintenance of all 17
boilers at Eastman (including B-253) while ensuring necessary boiler
capacity to sustain facility operations.\23\ According to Eastman, to
complete the conversion of a boiler to natural gas the normal safety
inspection is extended to 6 weeks. Because of extended inspections and
boiler shutdowns in 2017, Eastman did not convert any boilers at B-253
in 2017. As indicated in Table 3, the final boiler (B-26) is scheduled
for conversion in the 3rd quarter of 2018.
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\22\ According to TDEC, Eastman did not schedule the conversion
of any boilers in 2015 or 2017 due to legally required annual boiler
safety inspections and maintenance to ensure facility steam and
electricity reliability. The necessary engineering work for the
conversion of Boilers 27 and 28 in 2016 was performed in 2015 and
2017 for Boilers 26 and 29. For additional information, please refer
to Tennessee's Attainment SIP Narrative located in the docket (ID:
EPA-R04-OAR-2017-0626).
\23\ The Tennessee Boiler and Unfired Pressure Vessel inspection
law (Tennessee Code Section 68-122-110) requires annual inspection
and maintenance of Eastman's 17 power boilers. According to Eastman,
only one boiler at a time is taken off-line to ensure the necessary
steam and electricity reliability for manufacturing operations. The
duration of each inspection depends on the size and maintenance
cycle of the boiler components. Eastman has stated it takes 46-48 of
the 52 weeks to complete the scheduled inspections and boiler
maintenance. Eastman also indicated that it is not practicable for
the facility to schedule more than two extended inspections per
calendar year without potential risk meeting production demands.
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[[Page 30621]]
Tennessee's May 2017 attainment SIP also provides estimated
incremental emission reductions during the conversion of all five
boilers at B-253. Table 6-2 in TDEC's submittal \24\ provides for
projected change in actual emissions at Eastman over the duration of
the repowering at B-253 and post-control after the attainment date.
TDEC compared the pre-control emission rates for all boilers at B-83,
B-325 and B-253 for the period of April 1, 2012 through March 31, 2013
over the course of the conversion (interim years 2015 and 2017) to
post-control emissions (after October 4, 2018). Projected emission
reductions after the completion of B-253 conversion and compliance with
the SO2 emission limit for B-83 and B-325, are expected to
be 66 percent compared to pre-control levels (with estimated
incremental emission reductions of 11 percent and 39 percent in 2015
and 2017 respectively (after complete conversion of B-25 in 2014 and B-
27 and 28 in 2016). The average pre-control emissions from each B-253
boiler was 677 pounds per hour (or 2,965 tpy). TDEC estimates that each
boiler conversion will reduce emissions by 2,960 tpy.
---------------------------------------------------------------------------
\24\ EPA notes the second note to Table 6-2 list 1,794 lbs/hr as
the combined 30-day average allowable emission rate for B-83 and B-
325 boilers, however, the correct emission rate is 1,753 lbs/hr.
---------------------------------------------------------------------------
The control measures for attainment of the 2010 SO2
NAAQS included in the State's submittal have been modeled to achieve
attainment of the 1-hour SO2 NAAQS. The adoption of new
emissions limits, and compliance parameters and a natural gas
restriction (for repowered B-253 boilers) require these control
measures to achieve emissions reductions. Tennessee finds that the
attainment plan requires the affected sources to implement control
measures as expeditiously as practicable to ensure attainment of the 1-
hour standard and therefore concludes that the attainment plan provides
for RFP in accordance with the approach to RFP described in EPA's
guidance. EPA believes Tennessee's SIP provides for incremental
reduction in emissions to ensure reasonable further progress towards
attainment of the standard and therefore concurs and proposes to
preliminary conclude that the plan provides for RFP and therefore
satisfies the requirements of CAA section 172(c)(2).
F. Contingency Measures
As noted above, EPA guidance describes special features of
SO2 planning that influence the suitability of alternative
means of addressing the requirement in section 172(c)(9) for
contingency measures for SO2, such that in particular an
appropriate means of satisfying this requirement is for the state to
have a comprehensive enforcement program that identifies sources of
violations of the SO2 NAAQS and to undertake an aggressive
follow-up for compliance and enforcement. Tennessee's plan provides for
satisfying the contingency measure requirement in this manner.
Specifically, upon notification by Tennessee that a reference
monitor for the Area has registered four validated ambient
SO2 concentrations in excess of the NAAQS during calendar
years 2019 or 2020, or that a monitored SO2 NAAQS violation
based on the design value occurred during calendar years 2021 and
beyond, Eastman will, without any further action by Tennessee or EPA,
undertake a full system audit of all emission units subject to emission
limits under this plan and submit a written system audit report to
Tennessee within 30 days of the notification. Upon receipt of the
system audit report, Tennessee will immediately begin a 30-day
evaluation period to diagnose the cause of the monitored exceedance.
This evaluation will be followed by a 30-day consultation period with
Eastman to develop and implement operational changes necessary to
prevent future monitored violations of the NAAQS. These changes may
include fuel switching to reduce or eliminate the use of sulfur-
containing fuels, physical or operational reduction of production
capacity, or other changes as appropriate. If a permit modification is
deemed necessary, Tennessee would issue a final permit within the
statutory timeframes required in Tennessee Comprehensive Rules and
Regulations 1200-03-09, and any new emissions limits required by such a
permit would be submitted to EPA as a SIP revision. EPA concurs and
proposes to approve Tennessee's plan for meeting the contingency
measure requirement in this manner.
V. Additional Elements of Tennessee's Submittal
To verify that the 30-day limit is resulting in continued
attainment of the 1-hour SO2 standard in the Sullivan County
area, Tennessee is establishing an additional safeguard within the
nonattainment area by upgrading its existing SO2 ambient air
monitoring network in the Sullivan County area. TDEC has committed to
deploy additional ambient air monitors within the nonattainment area
\25\ to characterize expected areas of maximum 1-hour SO2
concentrations near the Eastman Chemical Plant. The State intends to
designate the monitors as State/Local air monitoring stations in
accordance with 40 CFR part 58 and locate the monitors as close as
possible to the areas of expected maximum concentration. These monitors
will be submitted for approval by EPA as part of the state's annual
ambient air monitoring network plan.
---------------------------------------------------------------------------
\25\ See email from TDEC to EPA Region 4, Air, Pesticides and
Toxic Management Division, Air Director Beverly Banister on June 6,
2018 included in the docket for this proposal (ID: EPA-R04-OAR-2017-
0626).
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VI. Incorporation by Reference
EPA is proposing to include in a final EPA rule regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference into Tennessee's SIP a natural gas fuel restriction, a new
SO2 emission limit and specified compliance conditions
established in permits 966859F and 070072F for monitoring,
recordkeeping and reporting parameters for emissions units at Eastman
Chemical Company. Specifically, EPA is proposing to incorporate into
the Tennessee SIP, a new 1,753 lbs/hr 30-day SO2 emission
limit and operating, monitoring, recordkeeping and reporting parameters
all established at Conditions 1 thru 4 in Permit 070072F for Boilers
18-24 at B-83 and Boilers 30-31 at B-325 and, a natural gas fuel
restriction for Boilers 25-29 at B-253 (after each natural gas
conversion) established at Condition 6 in Permit 966859F. The
SO2 emission standards specified in each permit are the
basis for the SO2 attainment demonstration in the SIP. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at EPA Region 4 office
(please contact the person identified in the For FURTHER INFORMATION
CONTACT section of this preamble for more information).
VII. EPA's Proposed Action
EPA is proposing to approve Tennessee's SO2
nonattainment SIP submission, which the State submitted to EPA on May
11, 2017, for attaining the 2010 1-hour SO2 NAAQS for the
Sullivan County Area and for meeting other nonattainment area planning
requirements. EPA has preliminarily determined that Tennessee's
nonattainment SIP meets the applicable requirements of sections 110(a),
172, 191 and 192 of the CAA and regulatory requirements at 40 CFR part
51. This
[[Page 30622]]
SO2 nonattainment SIP includes Tennessee's attainment
demonstration for the Sullivan County Area and other nonattainment
requirements for a RFP, RACT/RACM, NNSR, base-year and projection-year
emission inventories, enforceable emission limits and compliance
parameters and contingency measures. Specifically, EPA is proposing to
approve into the Tennessee SIP, Eastman Chemical's enforceable
SO2 emission limit and compliance parameters (monitoring,
recordkeeping and reporting) from PSD construction permit 966859F
(condition 6) and Permit No. 070072F (conditions 1-4) (see section
IV.B.4.1).
VIII. 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. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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);
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
Reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 19, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-14097 Filed 6-28-18; 8:45 am]
BILLING CODE 6560-50-P