Air Plan Approval; TN: Revisions to New Source Review, 48245-48249 [2018-20629]
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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0050; FRL–9984–
10—Region 4]
Air Plan Approval; TN: Revisions to
New Source Review
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
the Tennessee State Implementation
Plan (SIP) to revise New Source Review
(NSR) regulations. Specifically, EPA is
approving the portions of a SIP revision
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
on May 28, 2009, that modify the
definitions of ‘‘baseline actual
emissions.’’ This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This rule is effective October 24,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0050. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
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SUMMARY:
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the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: 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. What action is EPA taking?
On May 28, 2009, TDEC submitted a
SIP revision to EPA for approval that
contains changes to Tennessee’s SIPapproved major NSR permitting
regulations at Tennessee Air Pollution
Control Regulations (TAPCR) 1200–3–
9–.01—‘‘Construction Permits,’’
including the adoption of federal
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requirements and the modification of
certain other provisions. In this action,
EPA is approving the portions of this
SIP submission that make changes to the
definitions of ‘‘baseline actual
emissions’’ in Tennessee’s SIP-approved
Prevention of Significant Deterioration
(PSD) and nonattainment NSR (NNSR)
regulations at TAPCR 1200–3–9–
.01(4)—‘‘Prevention of Significant Air
Quality Deterioration’’ and 1200–3–9–
.01(5)(b)—‘‘Nonattainment Areas,’’
respectively. Tennessee’s NSR
regulations at TAPCR 1200–3–9–.01
were last revised in the SIP on July 25,
2013 (78 FR 44886).
On June 20, 2018 (83 FR 28577), EPA
published a notice of proposed
rulemaking (NPRM) proposing to
approve the portions of Tennessee’s SIP
revision described in Section II, below.
The details of Tennessee’s SIP revision
and the rationale for EPA’s actions are
further explained in the NPRM. EPA
received no adverse comments on the
proposed approval.
II. Analysis of Tennessee’s Submittal
Tennessee’s May 28, 2009, submittal
revises the SIP-approved definitions of
‘‘baseline actual emissions’’ at TAPCR
1200–3–9–.01(4)(b)(45)(i)(III) and 1200–
3–9–.01(4)(b)(45)(ii)(IV) for PSD, and
1200–3–9–.01(5)(b)(1)(xlvii)(I)III and
1200–3–9–.01(5)(b)(1)(xlvii)(II)IV for
NNSR. The revised definitions read as
follows (strikethrough indicates
language removed from the SIP in this
action and underlined text indicates
language added):
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"For a regulated NSR pollutant, when a project involves multiple emissions units,
effiy--one consecutive 24-month period must be used to determine the baseline
actual emissions for the emissions units being changed. However, the Technical
Secretary is authorized to allow the use of multiple, pollutant specific consecutive
24-month baselines in determining the magnitude of a significant net emissions
increase 1 and the applicability of major new source review requirements if all of
the following conditions are met:
I. Construction of a new source 2 or modification would become subject to
major new source review if a single 2-year baseline is used for all
pollutants.
II. One or more pollutants were emitted during such 2-year period in
amounts that were less than otherwise permitted for reasons other than
operations at a lower production or utilization rate. Qualifying examples
include, but are not limited to, the voluntary use of:
A. a cleaner fuel than otherwise permitted in a fuel burning
operation (e.g., natural gas instead of coal in a multi-fuel boiler),
B. a coating with a lower VOC content than otherwise permitted in
1 The ‘‘baseline actual emissions’’ for a proposed
project are considered when determining whether
a ‘‘significant emissions increase’’ will occur. If a
‘‘significant emissions increase’’ is shown as a
result of the project, then the ‘‘net emissions
increase’’ is calculated, considering
contemporaneous and creditable increases and
decreases from unrelated projects to determine
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whether the project will result in a ‘‘significant net
emissions increase.’’ Thus, the baseline period
referenced here is most relevant to the
determination of a ‘‘significant emissions increase.’’
2 Although the revision refers to modifications
and new sources, it does not affect new sources or
new units because Tennessee’s SIP-approved rules
require new sources/units to use the actual-to-
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potential test—not the actual-to-projected-actual
test—and the corresponding baseline actual
emissions for new sources/units are set to zero. This
is consistent with federal rules. The revision only
applies to projects that involve multiple existing
emissions units.
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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
The changes mean that a project
involving multiple emissions units is no
longer subject to major NSR permitting
under the revised definitions if it meets
the limiting criteria identified above for
the use of pollutant-specific baseline
periods. EPA’s major NSR rules do not
contain such limiting criteria. Under the
federal major NSR rules, a state must
adopt the federal definitions into its SIP
unless the state’s definitions are more
stringent than, or at least as stringent as,
the federal definitions. See 40 CFR
51.165(a)(1) and 51.166(b). EPA finds
that Tennessee’s changes to its SIPapproved definitions of ‘‘baseline actual
emissions’’ are more stringent than the
federal definitions given the limiting
criteria and are therefore allowable
changes to Tennessee’s SIP-approved
NSR program pursuant to 40 CFR
51.165(a)(1) and 51.166(b).
Section 110(l) of the CAA prohibits
EPA from approving a SIP revision that
would interfere with any applicable
requirement concerning attainment and
RFP (as defined in section 171), or any
other applicable requirement of the
CAA. EPA has determined that the
3 See
footnote 2.
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changes to the Tennessee SIP, as
described above, would not violate
section 110(l) for the following reasons:
(1) Tennessee’s changes will maintain
the State program at a more stringent
level than the federal NSR
requirements; 4 (2) the State is currently
attaining all of the NAAQS except for
the 2010 1-hour sulfur dioxide (SO2)
NAAQS in a portion of Sullivan
County; 5 and (3) any projects that
would not qualify as major
modifications under the revised
definitions would still be subject to the
preconstruction review and permitting
requirements of Tennessee’s SIPapproved minor NSR regulations at
TAPCR 1200–3–9–.01(1). For a more
complete discussion, see the NPRM.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
4 EPA also believes that the impact, if any, on air
quality as a result of the changes would be small
given the nature of the actual-to-projected-actual
test and the limited applicability of the multiple
baseline provision.
5 On May 12, 2017, TDEC submitted a plan to
EPA to attain the 2010 1-hour SO2 NAAQS in
Sullivan County. EPA proposed approval of the of
the Sullivan County attainment demonstration on
June 29, 2018 (83 FR 30609).
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the portions of TAPCR
1200–3–9–.01—‘‘Construction
Permits,’’ 6 which specifically revise the
definitions of ‘‘baseline actual
emissions’’ in Tennessee’s SIP-approved
PSD and NNSR regulations as discussed
in Section II above,7 state effective April
24, 2013. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
6 The title of this regulation is erroneously listed
as ‘‘Definitions’’ in the ‘‘Title/subject’’ column of 40
CFR 52.2220(c). Therefore, EPA is correcting the
‘‘Title/subject’’ entry in this action.
7 The state effective date of the rule changes to the
definitions of ‘‘baseline actual emissions’’ in
Tennessee’s May 28, 2009, SIP revision is May 10,
2009. However, these changes to Tennessee’s rule
are captured and superseded by the version of
TAPCR 1200–3–9–.01 that was state effective on
April 24, 2013. On July 25, 2013 (78 FR 44889),
EPA approved portions of the April 24, 2013
version of TAPCR 1200–3–9–.01 that were included
in a May 10, 2013 SIP revision and modified the
state effective date at 40 CFR 52.2220(c)
accordingly.
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Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.8
IV. Final Action
EPA is approving the changes to the
definitions of ‘‘baseline actual
emissions’’ in Tennessee’s SIP-approved
PSD and NNSR regulations at TAPCR
1200–3–9–.01(4)—‘‘Prevention of
Significant Air Quality Deterioration’’
and 1200–3–9–.01(5)(b)—
‘‘Nonattainment Areas,’’ respectively,
because they are consistent with the
CAA and federal regulations.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
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8 See
62 FR 27968 (May 22, 1997).
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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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
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States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 23, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 10, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220, table 1 in paragraph
(c) is amended by revising the entry
‘‘Section 1200–3–9–.01’’ to read as
follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
*
Chapter 1200–3–9
Section 1200–3–9–.01 ..
Construction Permits ....
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R03–OAR–2018–0217; EPA–R03–
OAR–2014–0299; EPA–R03–OAR–2016–
0373; FRL–9984–30–Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Regional Haze Plan and
Visibility Requirements for the 2010
Sulfur Dioxide and the 2012 Fine
Particulate Matter Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of West Virginia
(West Virginia). This SIP revision
changes West Virginia’s reliance on the
Clean Air Interstate Rule (CAIR) to
reliance on the Cross-State Air Pollution
Rule (CSAPR) with the purpose of
addressing certain regional haze
requirements and the visibility
protection requirements for the 2010
sulfur dioxide (SO2) national ambient
air quality standards (NAAQS). EPA is
approving this SIP revision and
consequently converting the Agency’s
prior limited approval/limited
disapproval of West Virginia’s regional
haze SIP revision to a full approval and
withdrawing the federal implementation
plan (FIP) provisions for addressing our
prior limited disapproval. Based on our
full approval of West Virginia’s regional
haze program, EPA is also approving the
portions of West Virginia’s
infrastructure SIP revisions for the 2010
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SUMMARY:
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*
9/24/2018, [insert Federal Register citation].
*
*
*
EPA approved Tennessee’s May 10, 2013, SIP
revision to Chapter 1200–3–9–.01 on July 25,
2013, with the exception of the PM2.5 SILs (at
1200–3–9–.01(5)(b)1(xix)) and SMC (at
1200–3–9–.01(4)(d)6(i)(III)) as promulgated in
the October 20, 2010, PM2.5 IncrementsSILs-SMC Rule.
*
*
*
SO2 and 2012 fine particulate matter
(PM2.5) NAAQS addressing visibility
protection requirements. This action is
being taken under the Clean Air Act
(CAA).
section 110(a)(2)(D)(i)(II) for the 2010
SO2 and 2012 PM2.5 NAAQS,
respectively.
This final rule is effective on
October 24, 2018.
ADDRESSES: EPA has established a
docket for this rulemaking action under
Docket ID Number EPA–R03–OAR–
2018–0217. The following previously
established dockets are also relevant to
today’s action: Docket ID Number EPA–
R03–OAR–2014–0299; and EPA–R03–
OAR–2016–0373. All documents in the
docket are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, e.g., confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Emlyn Ve´lez-Rosa, (215) 814–2038, or
by email at velez-rosa.emlyn@epa.gov.
SUPPLEMENTARY INFORMATION: On
September 16, 2015, the State of West
Virginia via the West Virginia
Department of Environmental Protection
(WVDEP) submitted a revision to its SIP
to update its regional haze plan and to
meet the visibility protection
requirement in section 110(a)(2)(D)(i)(II)
of the CAA for the 2010 SO2 NAAQS.
EPA is also addressing as part of this
rulemaking action two SIP revisions
submitted by West Virginia on October
16, 2014 and May 12, 2017 addressing
the visibility protection requirement in
On March 23, 2012, EPA finalized a
limited approval and a limited
disapproval of a West Virginia SIP
revision submitted on June 18, 2008
addressing regional haze program
requirements.1 The limited disapproval
of this SIP revision was based upon
West Virginia’s reliance on CAIR as an
alternative to best available retrofit
technology (BART) and as a measure for
reasonable progress. On June 7, 2012,
EPA promulgated a FIP for West
Virginia that replaced reliance on CAIR
with reliance on CSAPR to meet BART
and reasonable progress requirements,
to address the deficiency in the State’s
CAIR-dependent regional haze SIP.2
Consequently, this particular aspect of
West Virginia’s regional haze
requirements was satisfied by EPA’s
issuance of a FIP (hereafter referred to
as partial Regional Haze FIP).
On September 16, 2015, the State of
West Virginia submitted a SIP revision
to change its present reliance from CAIR
to CSAPR for the purpose of meeting
BART for regional haze and addressing
reasonable progress requirements,
thereby eliminating West Virginia’s
need for the partial Regional Haze FIP.
The SIP revision was also submitted to
meet the outstanding visibility
protection requirement under section
110(a)(2)(D)(i)(II) of the CAA for the
2010 SO2 NAAQS, also known as prong
4. The prong 4 requirement under the
CAA requires that a state’s SIP include
adequate provisions prohibiting any
source or other type of emissions
activity in one state from interfering
with measures to protect visibility
DATES:
40 CFR Part 52
Explanation
Construction and Operating Permits
4/24/2013
*
[FR Doc. 2018–20629 Filed 9–21–18; 8:45 am]
EPA approval
date
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I. Background
1 77
2 77
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FR 16937 (March 23, 2012).
FR 33643 (June 7, 2012).
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[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48245-48249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20629]
[[Page 48245]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0050; FRL-9984-10--Region 4]
Air Plan Approval; TN: Revisions to New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Tennessee State Implementation Plan (SIP) to revise New Source
Review (NSR) regulations. Specifically, EPA is approving the portions
of a SIP revision submitted by the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), on May 28,
2009, that modify the definitions of ``baseline actual emissions.''
This action is being taken pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective October 24, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0050. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: 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. What action is EPA taking?
On May 28, 2009, TDEC submitted a SIP revision to EPA for approval
that contains changes to Tennessee's SIP-approved major NSR permitting
regulations at Tennessee Air Pollution Control Regulations (TAPCR)
1200-3-9-.01--``Construction Permits,'' including the adoption of
federal requirements and the modification of certain other provisions.
In this action, EPA is approving the portions of this SIP submission
that make changes to the definitions of ``baseline actual emissions''
in Tennessee's SIP-approved Prevention of Significant Deterioration
(PSD) and nonattainment NSR (NNSR) regulations at TAPCR 1200-3-
9-.01(4)--``Prevention of Significant Air Quality Deterioration'' and
1200-3-9-.01(5)(b)--``Nonattainment Areas,'' respectively. Tennessee's
NSR regulations at TAPCR 1200-3-9-.01 were last revised in the SIP on
July 25, 2013 (78 FR 44886).
On June 20, 2018 (83 FR 28577), EPA published a notice of proposed
rulemaking (NPRM) proposing to approve the portions of Tennessee's SIP
revision described in Section II, below. The details of Tennessee's SIP
revision and the rationale for EPA's actions are further explained in
the NPRM. EPA received no adverse comments on the proposed approval.
II. Analysis of Tennessee's Submittal
Tennessee's May 28, 2009, submittal revises the SIP-approved
definitions of ``baseline actual emissions'' at TAPCR 1200-3-
9-.01(4)(b)(45)(i)(III) and 1200-3-9-.01(4)(b)(45)(ii)(IV) for PSD, and
1200-3-9-.01(5)(b)(1)(xlvii)(I)III and 1200-3-
9-.01(5)(b)(1)(xlvii)(II)IV for NNSR. The revised definitions read as
follows (strikethrough indicates language removed from the SIP in this
action and underlined text indicates language added):
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\1\ The ``baseline actual emissions'' for a proposed project are
considered when determining whether a ``significant emissions
increase'' will occur. If a ``significant emissions increase'' is
shown as a result of the project, then the ``net emissions
increase'' is calculated, considering contemporaneous and creditable
increases and decreases from unrelated projects to determine whether
the project will result in a ``significant net emissions increase.''
Thus, the baseline period referenced here is most relevant to the
determination of a ``significant emissions increase.''
\2\ Although the revision refers to modifications and new
sources, it does not affect new sources or new units because
Tennessee's SIP-approved rules require new sources/units to use the
actual-to-potential test--not the actual-to-projected-actual test--
and the corresponding baseline actual emissions for new sources/
units are set to zero. This is consistent with federal rules. The
revision only applies to projects that involve multiple existing
emissions units.
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The changes mean that a project involving multiple emissions units
is no longer subject to major NSR permitting under the revised
definitions if it meets the limiting criteria identified above for the
use of pollutant-specific baseline periods. EPA's major NSR rules do
not contain such limiting criteria. Under the federal major NSR rules,
a state must adopt the federal definitions into its SIP unless the
state's definitions are more stringent than, or at least as stringent
as, the federal definitions. See 40 CFR 51.165(a)(1) and 51.166(b). EPA
finds that Tennessee's changes to its SIP-approved definitions of
``baseline actual emissions'' are more stringent than the federal
definitions given the limiting criteria and are therefore allowable
changes to Tennessee's SIP-approved NSR program pursuant to 40 CFR
51.165(a)(1) and 51.166(b).
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\3\ See footnote 2.
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Section 110(l) of the CAA prohibits EPA from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment and RFP (as defined in section 171), or any other
applicable requirement of the CAA. EPA has determined that the changes
to the Tennessee SIP, as described above, would not violate section
110(l) for the following reasons: (1) Tennessee's changes will maintain
the State program at a more stringent level than the federal NSR
requirements; \4\ (2) the State is currently attaining all of the NAAQS
except for the 2010 1-hour sulfur dioxide (SO2) NAAQS in a
portion of Sullivan County; \5\ and (3) any projects that would not
qualify as major modifications under the revised definitions would
still be subject to the preconstruction review and permitting
requirements of Tennessee's SIP-approved minor NSR regulations at TAPCR
1200-3-9-.01(1). For a more complete discussion, see the NPRM.
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\4\ EPA also believes that the impact, if any, on air quality as
a result of the changes would be small given the nature of the
actual-to-projected-actual test and the limited applicability of the
multiple baseline provision.
\5\ On May 12, 2017, TDEC submitted a plan to EPA to attain the
2010 1-hour SO2 NAAQS in Sullivan County. EPA proposed
approval of the of the Sullivan County attainment demonstration on
June 29, 2018 (83 FR 30609).
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III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the portions
of TAPCR 1200-3-9-.01--``Construction Permits,'' \6\ which specifically
revise the definitions of ``baseline actual emissions'' in Tennessee's
SIP-approved PSD and NNSR regulations as discussed in Section II
above,\7\ state effective April 24, 2013. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
[[Page 48248]]
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\8\
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\6\ The title of this regulation is erroneously listed as
``Definitions'' in the ``Title/subject'' column of 40 CFR
52.2220(c). Therefore, EPA is correcting the ``Title/subject'' entry
in this action.
\7\ The state effective date of the rule changes to the
definitions of ``baseline actual emissions'' in Tennessee's May 28,
2009, SIP revision is May 10, 2009. However, these changes to
Tennessee's rule are captured and superseded by the version of TAPCR
1200-3-9-.01 that was state effective on April 24, 2013. On July 25,
2013 (78 FR 44889), EPA approved portions of the April 24, 2013
version of TAPCR 1200-3-9-.01 that were included in a May 10, 2013
SIP revision and modified the state effective date at 40 CFR
52.2220(c) accordingly.
\8\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the changes to the definitions of ``baseline
actual emissions'' in Tennessee's SIP-approved PSD and NNSR regulations
at TAPCR 1200-3-9-.01(4)--``Prevention of Significant Air Quality
Deterioration'' and 1200-3-9-.01(5)(b)--``Nonattainment Areas,''
respectively, because they are consistent with the CAA and federal
regulations.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 23, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220, table 1 in paragraph (c) is amended by revising
the entry ``Section 1200-3-9-.01'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
[[Page 48249]]
Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 1200-3-9 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01............. Construction 4/24/2013 9/24/2018, [insert EPA approved
Permits. Federal Register Tennessee's May
citation]. 10, 2013, SIP
revision to
Chapter 1200-3-9-
.01 on July 25,
2013, with the
exception of the
PM2.5 SILs (at
1200-3-9-.01(5)(b)
1(xix)) and SMC
(at 1200-3-9-
.01(4)(d)6(i)(III)
) as promulgated
in the October 20,
2010, PM2.5
Increments-SILs-
SMC Rule.
* * * * * * *
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* * * * *
[FR Doc. 2018-20629 Filed 9-21-18; 8:45 am]
BILLING CODE 6560-50-P
