Air Plan Approval; Tennessee; Packaging Corporation of America Nitrogen Oxides SIP Call Alternative Monitoring, 78892-78896 [2022-27867]
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Proposed Rules
For the reasons set out above, DEA
proposes to amend 21 CFR part 1308 as
follows:
2. In § 1308.11, add paragraphs (h)(63)
through (67) to read as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
■
1. The authority citation for part 1308
continues to read as follows:
§ 1308.11
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
*
Schedule I.
*
*
(h) * * *
*
*
(63) 4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(Other name: etizolam) ...................................................................................................................................................................................
(64) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(Other name: flualprazolam) ..........................................................................................................................................................................
(65) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers (Other
name: clonazolam) ..........................................................................................................................................................................................
(66) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers, and salts of isomers
(Other name: flubromazolam) ........................................................................................................................................................................
(67) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one, its salts, isomers, and salts of isomers (Other
name: diclazepam) ..........................................................................................................................................................................................
Signing Authority
This document of the Drug
Enforcement Administration was signed
on December 12, 2022, by Administrator
Anne Milgram. That document with the
original signature and date is
maintained by DEA. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DEA Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
DEA. This administrative process in no
way alters the legal effect of this
document upon publication in the
Federal Register.
Scott Brinks,
Federal Register Liaison Officer, Drug
Enforcement Administration.
[FR Doc. 2022–27278 Filed 12–22–22; 8:45 am]
BILLING CODE 4410–09–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0155; FRL–10503–
01–R4]
Air Plan Approval; Tennessee;
Packaging Corporation of America
Nitrogen Oxides SIP Call Alternative
Monitoring
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
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Comments must be received on
or before January 23, 2023.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0155 at
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
www.epa.gov/dockets/commenting-epadockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve a source-specific
State Implementation Plan (SIP)
revision submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), through a letter
SUMMARY:
dated June 29, 2021, which would
establish alternative monitoring,
recordkeeping, and reporting
requirements under the Nitrogen Oxides
(NOX) SIP Call.
Steven Scofield, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9034. Mr. Scofield can also be reached
via electronic mail at scofield.steve@
epa.gov.
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SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act)
section 110(a)(2)(D)(i)(I), also called the
good neighbor provision, states are
required to address the interstate
transport of air pollution. Specifically,
the good neighbor provision requires
that each state’s implementation plan
contain adequate provisions to prohibit
air pollutant emissions from within the
state that will significantly contribute to
nonattainment of the national ambient
air quality standards (NAAQS), or that
will interfere with maintenance of the
NAAQS, in any other state.
On October 27, 1998 (63 FR 57356),
EPA finalized the ‘‘Finding of
Significant Contribution and
Rulemaking for Certain States in the
Ozone Transport Assessment Group
Region for Purposes of Reducing
Regional Transport of Ozone’’ (NOX SIP
Call). The NOX SIP Call required eastern
states, including Tennessee, to submit
SIPs limiting emissions of ozone season
NOX by implementing statewide
emissions budgets. The NOX SIP Call
addressed the good neighbor provision
for the 1979 ozone NAAQS and was
designed to mitigate the impact of
transported NOX emissions, one of the
precursors of ozone.1 EPA developed
the NOX Budget Trading Program, an
allowance trading program that states
could adopt to meet their obligations
under the NOX SIP Call. This trading
program allowed the following sources
to participate in a regional cap and trade
program: generally, electricity
generating units (EGUs) with capacity
greater than 25 megawatts (MW); and
large industrial non-EGUs, such as
1 As originally promulgated, the NO SIP Call
X
also addressed good neighbor obligations under the
1997 8-hour ozone NAAQS, but EPA subsequently
stayed and later rescinded the rule’s provisions
with respect to that standard. See 65 FR 56245
(September 18, 2000); 84 FR 8422 (March 8, 2019).
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boilers and combustion turbines, with a
rated heat input greater than 250 million
British thermal units per hour (MMBtu/
hr). The NOX SIP Call also identified
potential reductions from cement kilns
and stationary internal combustion
engines.
To comply with the NOX SIP Call
requirements, in 2000 and 2001, TDEC
submitted a revision to add new rule
sections to the SIP-approved version of
Chapter 1200–3–27, Nitrogen Oxides, of
the Tennessee Rules. EPA approved the
revision as compliant with Phase I of
the NOX SIP Call in 2004. See 69 FR
3015 (January 22, 2004). The approved
revision required EGUs and large nonEGUs in the State to participate in the
NOX Budget Trading Program beginning
in 2004. In 2005, Tennessee submitted,
and EPA approved, a SIP revision to
address additional emissions reductions
required for the NOX SIP Call under
Phase II. See 70 FR 76408 (December 27,
2005).
In 2005, EPA published the Clean Air
Interstate Rule (CAIR), which required
several eastern states, including
Tennessee, to submit SIPs that
prohibited emissions consistent with
revised ozone season NOX budgets (as
well as annual budgets for NOX and
sulfur dioxide). See 70 FR 25162 (May
12, 2005); see also 71 FR 25328 (April
28, 2006). CAIR addressed the good
neighbor provision for the 1997 ozone
NAAQS and 1997 fine particulate
matter (PM2.5) NAAQS and was
designed to mitigate the impact of
transported NOX emissions with respect
to ozone and PM2.5. CAIR established
several trading programs that EPA
implemented through federal
implementation plans (FIPs) for EGUs
greater than 25 MW in each affected
state, but not large non-EGUs; states
could submit SIPs to replace the FIPs
that achieved the required emission
reductions from EGUs and/or other
types of sources.2 When the CAIR
trading program for ozone season NOX
was implemented beginning in 2009,
EPA discontinued administration of the
NOX Budget Trading Program; however,
the requirements of the NOX SIP Call
continued to apply.
On November 25, 2009 (74 FR 61535),
EPA approved revisions to Tennessee’s
SIP that incorporated requirements for
CAIR. Consistent with CAIR’s
requirements, EPA approved a SIP
revision in which Tennessee
regulations: (1) terminated its NOX
Budget Trading Program requirements,
and (2) incorporated CAIR annual and
2 CAIR had separate trading programs for annual
sulfur dioxide (SO2) emissions, seasonal NOX
emissions, and annual NOX emissions.
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ozone season NOX state trading
programs. See 74 FR 61535.
Participation of EGUs in the CAIR ozone
season NOX trading program addressed
the State’s obligation under the NOX SIP
Call for those units, and Tennessee also
chose to require non-EGUs subject to the
NOX SIP Call to participate in the same
CAIR trading program. In this manner,
Tennessee’s CAIR rules incorporated
into the SIP addressed the State’s
obligations under the NOX SIP Call with
respect to both EGUs and non-EGUs.
The United States Court of Appeals
for the District of Columbia Circuit (D.C.
Circuit) initially vacated CAIR in 2008,
but ultimately remanded the rule to EPA
without vacatur to preserve the
environmental benefits provided by
CAIR. See North Carolina v. EPA, 531
F.3d 896, modified on rehearing, 550
F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect
temporarily until a replacement rule
consistent with the court’s opinion was
developed. While EPA worked on
developing a replacement rule, the CAIR
program continued to be implemented
with the NOX annual and ozone season
trading programs beginning in 2009 and
the SO2 annual trading program
beginning in 2010.
Following the D.C. Circuit’s remand
of CAIR, EPA promulgated the CrossState Air Pollution Rule (CSAPR) to
replace CAIR and address good neighbor
obligations for the 1997 ozone NAAQS,
the 1997 PM2.5 NAAQS, and the 2006
PM2.5 NAAQS. See 76 FR 48208 (August
8, 2011). Through FIPs, CSAPR required
EGUs in eastern states, including
Tennessee, to meet annual and ozone
season NOX emission budgets and
annual SO2 emission budgets
implemented through new trading
programs. Implementation of CSAPR
began on January 1, 2015.3 CSAPR also
contained provisions that would sunset
CAIR-related obligations on a schedule
coordinated with the implementation of
the CSAPR compliance requirements.
Participation by a state’s EGUs in the
CSAPR trading program for ozone
season NOX generally addressed the
state’s obligation under the NOX SIP
Call for EGUs. CSAPR did not initially
contain provisions allowing states to
incorporate large non-EGUs into that
trading program to meet the
requirements of the NOX SIP Call for
non-EGUs. EPA also stopped
administering CAIR trading programs
with respect to emissions occurring after
December 31, 2014.4
3 See
79 FR 71663 (December 3, 2014).
79 FR 71663 (December 3, 2014) and 81 FR
13275 (March 14, 2016).
4 See
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Even though the CAIR programs have
not been implemented in Tennessee
since 2014, ozone season NOX
emissions have remained well below the
NOX SIP Call budget levels. Through a
letter to EPA dated February 27, 2017,5
Tennessee provided a SIP revision to
incorporate a new provision—TACPR
1200–03–27–.12, ‘‘NOX SIP Call
Requirements for Stationary Boilers and
Combustion Turbines’’ (TN 2017 NOX
SIP Call Rule)—into the SIP. The TN
2017 NOX SIP Call Rule established a
state control program for sources that
are subject to the NOX SIP Call, but not
covered under CSAPR or the CSAPR
Update (background regarding the
CSAPR Update is provided later in this
notice). The TN 2017 NOX SIP Call Rule
contains several subsections that
together comprise a non-EGU control
program under which Tennessee will
allocate a specified budget of
allowances to affected sources.
Subsequently, on May 11, 2018, and
October 11, 2018, Tennessee submitted
letters requesting conditional approval 6
of the TN 2017 NOX SIP Call Rule and
committing to provide a SIP revision to
EPA by December 31, 2019, to address
a deficiency by revising the definition of
‘‘affected unit’’ to remove the
unqualified exclusion for any unit that
serves a generator that produces power
for sale. Based on the State’s
commitment to submit a SIP revision
addressing the identified deficiency,
EPA conditionally approved the
February 27, 2017, submission. In the
same action, EPA approved removal of
the State’s NOX Budget Trading Program
and CAIR rules from Tennessee’s SIP.
See 84 FR 7998 (March 6, 2019).
Tennessee submitted a SIP revision
on December 19, 2019, which revised
Tennessee Air Pollution Control
Regulation (TAPCR) 1200–03–27–.12,
‘‘NOX SIP Call Requirements for
Stationary Boilers and Combustion
Turbines’’ to correct the definition of
‘‘affected unit’’ and to clarify
requirements related to stationary
boilers and combustion turbines. On
March 2, 2021 (86 FR 12092), EPA
published a final rule which corrected
the definition of ‘‘affected unit’’ and
clarified requirements related to
stationary boilers and combustion
turbines. EPA also converted the
5 EPA notes that it received the submittal on
February 28, 2017.
6 Under CAA section 110(k)(4), EPA may
conditionally approve a SIP revision based on a
commitment from a state to adopt specific
enforceable measures by a date certain, but not later
than one year from the date of approval. If the state
fails to meet the commitment within one year of the
final conditional approval, the conditional approval
will be treated as a disapproval.
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conditional approval of the TN 2017
NOX SIP Call Rule to a full approval.
See EPA’s March 2, 2021 (86 FR 12092),
final rule for further detail on these
changes and EPA’s rationale for
approving them.
After litigation that reached the
Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded
several state budgets to EPA for
reconsideration. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118,
129–30 (D.C. Cir. 2015). EPA addressed
the remanded ozone season NOX
budgets in the Cross-State Air Pollution
Rule Update for the 2008 Ozone
NAAQS (CSAPR Update), which also
partially addressed eastern states’ good
neighbor obligations for the 2008 ozone
NAAQS. See 81 FR 74504 (October 26,
2016). The air quality modeling for the
CSAPR Update demonstrated that
Tennessee contributes significantly to
nonattainment and/or interferes with
maintenance of the 2008 ozone NAAQS
in other states. The CSAPR Update
reestablished an option for most states
to meet their ongoing obligations for
non-EGUs under the NOX SIP Call by
including the units in the CSAPR
Update trading program.
The CSAPR Update trading program
replaced the original CSAPR trading
program for ozone season NOX for most
covered states. Tennessee’s EGUs
participate in the CSAPR Update trading
program, which generally also addresses
the State’s obligations under the NOX
SIP Call for EGUs. However, Tennessee
elected not to include its large nonEGUs in the CSAPR Update ozone
season trading program. Because
Tennessee’s large non-EGUs do not
participate in any CSAPR or CSAPR
Update trading program for ozone
season NOX emissions, the NOX SIP Call
regulations at 40 CFR 51.121(r)(2), as
well as anti-backsliding provisions at 40
CFR 51.905(f) and 40 CFR 51.1105(e),
require these non-EGUs to maintain
compliance with NOX SIP Call
requirements in some other way.
Under 40 CFR 51.121(f)(2) of the NOX
SIP Call regulations, where a state’s
implementation plan contains control
measures for EGUs and large non-EGU
boilers and combustion turbines, the SIP
must contain enforceable limits on the
ozone season NOX mass emissions from
these sources. In addition, under 40 CFR
51.121(i)(4) of the NOX SIP Call
regulations as originally promulgated,
the SIP also had to require these sources
to monitor emissions according to the
provisions of 40 CFR part 75, which
generally entails the use of continuous
emission monitoring systems.
Tennessee triggered these requirements
by including control measures in its SIP
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for these types of sources, and the
requirements have remained in effect
despite the discontinuation of the NOX
Budget Trading Program after the 2008
ozone season.
On March 8, 2019, EPA revised some
of the regulations that were originally
promulgated in 1998 to implement the
NOX SIP Call.7 The revision gave states
covered by the NOX SIP Call greater
flexibility concerning the form of the
NOX emissions monitoring requirements
that the states must include in their SIPs
for certain emissions sources. The
revision amended 40 CFR 51.121(i)(4) to
make Part 75 monitoring,
recordkeeping, and reporting optional,
such that SIPs may establish alternative
monitoring requirements for NOX SIP
Call budget units that meet the general
requirements of 40 CFR 51.121(f)(1) and
(i)(1). Under the updated provision, a
state’s implementation plan still needs
to include some form of emissions
monitoring requirements for these types
of sources, consistent with the NOX SIP
Call’s general enforceability and
monitoring requirements at 40 CFR
51.121(f)(1) and (i)(1), respectively, but
states are no longer required to satisfy
these general NOX SIP Call requirements
specifically through the adoption of 40
CFR part 75 monitoring requirements.
Following EPA’s March 8, 2019,
revision to the NOX SIP Call
requirements, Packaging Company of
America (PCA) petitioned TDEC to
adopt revised permit conditions
applicable to PCA’s Highway 57,
Counce, Tennessee facility (PCA Counce
Mill) with an alternative monitoring
option for this large non-EGU, along
with corresponding revised
recordkeeping and reporting conditions.
This petition resulted in the issuance of
the permit for PCA Counce Mill
included as part of TDEC’s SIP
submittal. The changes allow PCA
Counce Mill to address the NOX SIP
Call’s requirements for enforceable
limits on ozone season NOX mass
emissions through non-Part 75
alternative monitoring and reporting
methodologies. The June 29, 2021,
source-specific SIP revision submitted
by TDEC contains the permit provisions
that TDEC modified to specifically
address the alternative monitoring
provisions allowed under the NOX SIP
Call and requests conditional approval
of those provisions into the SIP. The
contents of the submittal and EPA’s
analysis is further discussed in Section
III.
7 See ‘‘Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP
Call,’’ 84 FR 8422 (March 8, 2019).
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II. Why is EPA proposing this action?
TDEC’s June 29, 2021, letter requests
that EPA conditionally approve into
Tennessee’s SIP Tennessee Air
Pollution Control Board operating
permit No. 078563 for PCA Counce Mill,
state effective on June 10, 2021, to
provide alternative NOX monitoring and
reporting for Boiler #1 at this facility in
accordance with 40 CFR 51.121(i).
TDEC requests that this approval be
conditioned on Tennessee’s
commitment to modify the provisions at
Chapter 1200–03–27.12(11) to specify
allowable non-Part 75 permissible
alternative monitoring and reporting
methodologies for large industrial nonEGUs subject to the NOX SIP Call, such
as the alternative monitoring and
reporting provisions in permit No.
078563. The submission also includes a
demonstration under CAA section 110(l)
intended to show that the revision
would not interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the CAA. As
discussed later, EPA has reviewed these
changes, preliminarily finds them
consistent with the CAA and regulations
governing the NOX SIP Call, and is
proposing to conditionally approve the
revisions to incorporate the sourcespecific SIP revision into the State’s
implementation plan.
III. Analysis of Tennessee’s Submission
On September 16, 2020, PCA
submitted a petition to TDEC requesting
approval of alternative monitoring,
recordkeeping, and reporting
requirements for one boiler subject to
the NOX SIP Call (Combination Boiler
#1) at PCA’s Counce Mill. The petition
states that PCA uses NOX CEMS to
demonstrate compliance with the
Counce Mill’s Plantwide Applicability
Limit (PAL) permit. Combination Boiler
#1 is the only monitor within the mill
that is subject to the requirements of 40
CFR part 75, and the other NOX sources
at the mill operate CEMS in accordance
with 40 CFR part 60. The petition states
that PCA wishes to streamline the
monitoring requirements among the
sources at the mill.
That petition resulted in TDEC’s
revision of the PCA Counce Mill permit
conditions to address NOX SIP Call
requirements and to adopt an alternative
monitoring option (along with
corresponding recordkeeping and
reporting requirements) for this large
non-EGU. These permit conditions have
been submitted by TDEC for approval
into Tennessee’s SIP. These revised
permit conditions are consistent with
the flexibility provided to states on
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March 8, 2019 (84 FR 8422) concerning
the form of the NOX emissions
monitoring requirements that the states
must include in their SIPs for certain
emissions sources, such as PCA Counce
Mill, to comply with the NOX SIP Call,
required at 40 CFR 51.121(i)(4). Permit
condition one requires compliance with
permit conditions two through five.
Permit condition two provides that PCA
Counce Mill may demonstrate
compliance with Tennessee Rule 1200–
03–27–.12 by monitoring NOX
emissions from Combination Boiler #1
using the monitoring methodologies for
NOX emission rate set forth in 40 CFR
part 60, Appendix B in combination
with monitoring of heat input.
Permit Condition 3 requires that PCA
Counce Mill submit a program for
conducting continuous in-stack
monitoring for NOX mass emissions for
approval by TDEC in accordance with
the requirements of 40 CFR 60,
Appendix B. To be approvable be TDEC,
the program shall address the following:
(a) A description of the overall
monitoring program;
(b) Specifications demonstrating that
the proposed monitoring instruments
will meet the requirements of 40 CFR
60, Appendix B;
(c) Specifications for the proposed
fuel flow meter and a discussion of how
the fuel Btu content will be determined;
(d) Proposed location(s) of the
monitoring instruments on the boiler
effluent gas stream;
(e) Proposed procedures for
conducting performance specification
testing of the monitoring instruments in
units of the applicable standard (i.e.
NOX mass emissions);
(f) Proposed ongoing monitoring
instrument quality assurance
procedures (40 CFR 60, Appendix F or
approved alternative);
(g) Procedures for addressing missing
data (40 CFR 75, Appendix C, Appendix
F or approved alternative); and
(h) Proposed format for the reporting
of data.
Permit condition four specifies that
the permittee shall calculate NOX mass
emissions (in tons) for each control
period and report the total to TDEC no
later than December 31 following the
end of the control period. Further,
condition four requires that NOX
emission rates shall be calculated from
continuous emissions monitoring
system (CEMS) measurements using
Method 19 in Appendix A–7 to 40 CFR
part 60.
Permit condition five requires that the
permittee shall maintain records of all
measurements; all continuous
monitoring system performance
evaluations; all continuous monitoring
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system or monitoring device calibration
checks; adjustments and maintenance
performed on these systems or devices;
and all other information required by
this part recorded in a permanent form
suitable for inspection. These records
shall be retained for at least five years
following the end of the control period
in which such measurements,
maintenance, reports, and records were
collected.
Section 110(l) of the CAA prohibits
revision of a SIP that would interfere
with attainment or maintenance of a
NAAQS, reasonable further progress
toward attainment of a NAAQS, or any
other applicable requirement of the
CAA. In its submittal, TDEC includes a
demonstration in accordance with
Section 110(l) of the CAA that the
proposed revision would not interfere
with any applicable requirement
concerning attainment and reasonable
further progress, or any other applicable
requirement of the CAA. Tennessee’s
demonstration concludes that the
proposed changes are compliant with
Section 110(l) of the CAA because: (1)
PCA Counce Mill’s NOX emissions
remain substantially below the facility’s
NOX budget established pursuant to
TAPCR 1200–03–27–.12; (2)
Tennessee’s review of all non-EGUs
subject to the NOX SIP Call
demonstrates that NOX emissions for the
collection of affected facilities are well
below the state’s NOX budget; (3) the
alternative monitoring requirements
would be permanent, enforceable, and
sufficient to determine whether the
source is in compliance with the NOX
SIP Call emissions requirements; and (4)
the work practice requirements of 40
CFR 63 Subpart DDDDD (periodic tuneups) will provide additional assurance
that the boiler is operating properly.
EPA agrees with Tennessee’s rationale
summarized above and the conclusion
that the proposed revision would not
interfere with any applicable
requirement concerning attainment and
reasonable further progress, or any other
applicable requirement of the CAA.
In order to address the requirements
of the NOX SIP Call for sources that are
not covered under a CSAPR trading
program for ozone season NOX
emissions, SIP revisions must provide
for enforceable emissions limitations
and require emissions monitoring
consistent with the NOX SIP Call’s
general enforceability and monitoring
requirements.8 See 40 CFR 51.121(f)(2).
EPA is proposing to find that TDEC’s
submittal meets these requirements and
all other requirements of the CAA,
including 40 CFR 51.121(i)(1) and (4),
8 See
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except that Tennessee additionally will
need to modify TAPCR 1200–03–
27.12(11) to specify permissible nonPart 75 alternative monitoring and
reporting methodologies within one
year of the effective date of EPA’s
conditional approval. Thus, EPA is
proposing to conditionally approve
TDEC operating permit No. 078563,
state effective on June 10, 2021, into
Tennessee’s SIP pursuant to CAA
section 110(k)(4), subject to TDEC’s
specific commitment to modify the
provisions of TAPCR 1200–03–27.12(11)
to specify permissible non-Part 75
alternative monitoring and reporting
methodologies within one year of EPA’s
conditional approval, as described in
TDEC’s submittal.
If Tennessee meets its commitment to
submit a SIP revision modifying the
provisions of TAPCR 1200–03–27.12(11)
to specify permissible non-Part 75
alternative monitoring and reporting
methodologies, as allowed under 40
CFR 51.121(i)(1) and (4), by 12 months
from the date of final approval of this
proposed action, TDEC operating permit
No. 078563 will remain a part of the
SIP. However, if the State fails to submit
this revision on or before 12 months
from the date of final approval of this
action, the conditional approval will
become a disapproval pursuant to CAA
section 110(k)(4).
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, and as
discussed in Sections I through III of
this preamble, EPA is proposing to
incorporate by reference Tennessee Air
Pollution Control Board’s operating
permit No. 078563 for the PCA Counce
Mill, state effective on June 10, 2021.
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).
V. Proposed Action
EPA is proposing to conditionally
approve Tennessee Air Pollution
Control Board operating permit No.
078563 for PCA Counce Mill, state
effective June 10, 2021, for
incorporation into the Tennessee SIP.
These changes were submitted by
Tennessee on June 29, 2021.
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Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Proposed Rules
TKELLEY on DSK125TN23PROD with PROPOSALS
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This proposed action merely
proposes to conditionally 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);
• 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 proposed rule does not
have tribal implications as specified by
VerDate Sep<11>2014
19:21 Dec 22, 2022
Jkt 259001
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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2022
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022–27867 Filed 12–22–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0947; FRL–10473–
01–R4]
Air Plan Approval; Mississippi; PSD
and Air Quality Modeling Infrastructure
Requirements for the 2015 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to
conditionally approve portions of a
State Implementation Plan (SIP)
submission provided by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), via a letter dated January 25,
2021, and supplemented through a letter
dated November 18, 2022. This proposal
pertains to certain infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2015 8-hour ozone
national ambient air quality standards
(NAAQS or standards). Whenever EPA
promulgates a new or revised NAAQS,
the CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of that NAAQS. The
January 25, 2021, SIP submission
addresses all infrastructure elements
except for those pertaining to the
contribution to nonattainment or
interference with maintenance of the
NAAQS in other states. EPA is
proposing to conditionally approve the
portions of the submittal related to the
prevention of significant deterioration
(PSD) infrastructure elements and the
air quality modeling element.
SUMMARY:
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
Comments must be received on
or before January 23, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0947 at
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
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. Background
II. What elements are required under sections
110(a)(1) and 110(a)(2)?
III. What is EPA’s approach to the review of
infrastructure SIP submissions?
IV. What is EPA’s analysis of how
Mississippi addressed the elements of
the section 110(a)(1) and (2)
‘‘infrastructure’’ provisions related to
prevention of significant deterioration
and modeling?
A. Section 110(a)(2)(C)—Programs for
Enforcement of Control Measures and for
Construction or Modification of
Stationary Sources
B. Sections 110(a)(2)(D)(i)(I) and (II)—
Interstate Pollution Transport
C. Section 110(a)(2)(J)—Consultation With
Government Officials, Public
Notification, PSD, and Visibility
Protection
D. Section 110(a)(2)(K)—Air Quality
Modeling and Submission of Modeling
Data
E:\FR\FM\23DEP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78892-78896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27867]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0155; FRL-10503-01-R4]
Air Plan Approval; Tennessee; Packaging Corporation of America
Nitrogen Oxides SIP Call Alternative Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve a source-specific State Implementation Plan (SIP)
revision submitted by the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), through a letter
dated June 29, 2021, which would establish alternative monitoring,
recordkeeping, and reporting requirements under the Nitrogen Oxides
(NOX) SIP Call.
DATES: Comments must be received on or before January 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0155 at 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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also
called the good neighbor provision, states are required to address the
interstate transport of air pollution. Specifically, the good neighbor
provision requires that each state's implementation plan contain
adequate provisions to prohibit air pollutant emissions from within the
state that will significantly contribute to nonattainment of the
national ambient air quality standards (NAAQS), or that will interfere
with maintenance of the NAAQS, in any other state.
On October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (NOX SIP Call). The NOX SIP
Call required eastern states, including Tennessee, to submit SIPs
limiting emissions of ozone season NOX by implementing
statewide emissions budgets. The NOX SIP Call addressed the
good neighbor provision for the 1979 ozone NAAQS and was designed to
mitigate the impact of transported NOX emissions, one of the
precursors of ozone.\1\ EPA developed the NOX Budget Trading
Program, an allowance trading program that states could adopt to meet
their obligations under the NOX SIP Call. This trading
program allowed the following sources to participate in a regional cap
and trade program: generally, electricity generating units (EGUs) with
capacity greater than 25 megawatts (MW); and large industrial non-EGUs,
such as
[[Page 78893]]
boilers and combustion turbines, with a rated heat input greater than
250 million British thermal units per hour (MMBtu/hr). The
NOX SIP Call also identified potential reductions from
cement kilns and stationary internal combustion engines.
---------------------------------------------------------------------------
\1\ As originally promulgated, the NOX SIP Call also
addressed good neighbor obligations under the 1997 8-hour ozone
NAAQS, but EPA subsequently stayed and later rescinded the rule's
provisions with respect to that standard. See 65 FR 56245 (September
18, 2000); 84 FR 8422 (March 8, 2019).
---------------------------------------------------------------------------
To comply with the NOX SIP Call requirements, in 2000
and 2001, TDEC submitted a revision to add new rule sections to the
SIP-approved version of Chapter 1200-3-27, Nitrogen Oxides, of the
Tennessee Rules. EPA approved the revision as compliant with Phase I of
the NOX SIP Call in 2004. See 69 FR 3015 (January 22, 2004).
The approved revision required EGUs and large non-EGUs in the State to
participate in the NOX Budget Trading Program beginning in
2004. In 2005, Tennessee submitted, and EPA approved, a SIP revision to
address additional emissions reductions required for the NOX
SIP Call under Phase II. See 70 FR 76408 (December 27, 2005).
In 2005, EPA published the Clean Air Interstate Rule (CAIR), which
required several eastern states, including Tennessee, to submit SIPs
that prohibited emissions consistent with revised ozone season
NOX budgets (as well as annual budgets for NOX
and sulfur dioxide). See 70 FR 25162 (May 12, 2005); see also 71 FR
25328 (April 28, 2006). CAIR addressed the good neighbor provision for
the 1997 ozone NAAQS and 1997 fine particulate matter
(PM2.5) NAAQS and was designed to mitigate the impact of
transported NOX emissions with respect to ozone and
PM2.5. CAIR established several trading programs that EPA
implemented through federal implementation plans (FIPs) for EGUs
greater than 25 MW in each affected state, but not large non-EGUs;
states could submit SIPs to replace the FIPs that achieved the required
emission reductions from EGUs and/or other types of sources.\2\ When
the CAIR trading program for ozone season NOX was
implemented beginning in 2009, EPA discontinued administration of the
NOX Budget Trading Program; however, the requirements of the
NOX SIP Call continued to apply.
---------------------------------------------------------------------------
\2\ CAIR had separate trading programs for annual sulfur dioxide
(SO2) emissions, seasonal NOX emissions, and
annual NOX emissions.
---------------------------------------------------------------------------
On November 25, 2009 (74 FR 61535), EPA approved revisions to
Tennessee's SIP that incorporated requirements for CAIR. Consistent
with CAIR's requirements, EPA approved a SIP revision in which
Tennessee regulations: (1) terminated its NOX Budget Trading
Program requirements, and (2) incorporated CAIR annual and ozone season
NOX state trading programs. See 74 FR 61535. Participation
of EGUs in the CAIR ozone season NOX trading program
addressed the State's obligation under the NOX SIP Call for
those units, and Tennessee also chose to require non-EGUs subject to
the NOX SIP Call to participate in the same CAIR trading
program. In this manner, Tennessee's CAIR rules incorporated into the
SIP addressed the State's obligations under the NOX SIP Call
with respect to both EGUs and non-EGUs.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896,
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect temporarily until a replacement rule
consistent with the court's opinion was developed. While EPA worked on
developing a replacement rule, the CAIR program continued to be
implemented with the NOX annual and ozone season trading
programs beginning in 2009 and the SO2 annual trading
program beginning in 2010.
Following the D.C. Circuit's remand of CAIR, EPA promulgated the
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good
neighbor obligations for the 1997 ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. See 76 FR
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in eastern
states, including Tennessee, to meet annual and ozone season
NOX emission budgets and annual SO2 emission
budgets implemented through new trading programs. Implementation of
CSAPR began on January 1, 2015.\3\ CSAPR also contained provisions that
would sunset CAIR-related obligations on a schedule coordinated with
the implementation of the CSAPR compliance requirements. Participation
by a state's EGUs in the CSAPR trading program for ozone season
NOX generally addressed the state's obligation under the
NOX SIP Call for EGUs. CSAPR did not initially contain
provisions allowing states to incorporate large non-EGUs into that
trading program to meet the requirements of the NOX SIP Call
for non-EGUs. EPA also stopped administering CAIR trading programs with
respect to emissions occurring after December 31, 2014.\4\
---------------------------------------------------------------------------
\3\ See 79 FR 71663 (December 3, 2014).
\4\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
---------------------------------------------------------------------------
Even though the CAIR programs have not been implemented in
Tennessee since 2014, ozone season NOX emissions have
remained well below the NOX SIP Call budget levels. Through
a letter to EPA dated February 27, 2017,\5\ Tennessee provided a SIP
revision to incorporate a new provision--TACPR 1200-03-27-.12,
``NOX SIP Call Requirements for Stationary Boilers and
Combustion Turbines'' (TN 2017 NOX SIP Call Rule)--into the
SIP. The TN 2017 NOX SIP Call Rule established a state
control program for sources that are subject to the NOX SIP
Call, but not covered under CSAPR or the CSAPR Update (background
regarding the CSAPR Update is provided later in this notice). The TN
2017 NOX SIP Call Rule contains several subsections that
together comprise a non-EGU control program under which Tennessee will
allocate a specified budget of allowances to affected sources.
Subsequently, on May 11, 2018, and October 11, 2018, Tennessee
submitted letters requesting conditional approval \6\ of the TN 2017
NOX SIP Call Rule and committing to provide a SIP revision
to EPA by December 31, 2019, to address a deficiency by revising the
definition of ``affected unit'' to remove the unqualified exclusion for
any unit that serves a generator that produces power for sale. Based on
the State's commitment to submit a SIP revision addressing the
identified deficiency, EPA conditionally approved the February 27,
2017, submission. In the same action, EPA approved removal of the
State's NOX Budget Trading Program and CAIR rules from
Tennessee's SIP. See 84 FR 7998 (March 6, 2019).
---------------------------------------------------------------------------
\5\ EPA notes that it received the submittal on February 28,
2017.
\6\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval.
---------------------------------------------------------------------------
Tennessee submitted a SIP revision on December 19, 2019, which
revised Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-
27-.12, ``NOX SIP Call Requirements for Stationary Boilers
and Combustion Turbines'' to correct the definition of ``affected
unit'' and to clarify requirements related to stationary boilers and
combustion turbines. On March 2, 2021 (86 FR 12092), EPA published a
final rule which corrected the definition of ``affected unit'' and
clarified requirements related to stationary boilers and combustion
turbines. EPA also converted the
[[Page 78894]]
conditional approval of the TN 2017 NOX SIP Call Rule to a
full approval. See EPA's March 2, 2021 (86 FR 12092), final rule for
further detail on these changes and EPA's rationale for approving them.
After litigation that reached the Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded several state budgets to EPA for
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118,
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season
NOX budgets in the Cross-State Air Pollution Rule Update for
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed
eastern states' good neighbor obligations for the 2008 ozone NAAQS. See
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR
Update demonstrated that Tennessee contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone
NAAQS in other states. The CSAPR Update reestablished an option for
most states to meet their ongoing obligations for non-EGUs under the
NOX SIP Call by including the units in the CSAPR Update
trading program.
The CSAPR Update trading program replaced the original CSAPR
trading program for ozone season NOX for most covered
states. Tennessee's EGUs participate in the CSAPR Update trading
program, which generally also addresses the State's obligations under
the NOX SIP Call for EGUs. However, Tennessee elected not to
include its large non-EGUs in the CSAPR Update ozone season trading
program. Because Tennessee's large non-EGUs do not participate in any
CSAPR or CSAPR Update trading program for ozone season NOX
emissions, the NOX SIP Call regulations at 40 CFR
51.121(r)(2), as well as anti-backsliding provisions at 40 CFR
51.905(f) and 40 CFR 51.1105(e), require these non-EGUs to maintain
compliance with NOX SIP Call requirements in some other way.
Under 40 CFR 51.121(f)(2) of the NOX SIP Call
regulations, where a state's implementation plan contains control
measures for EGUs and large non-EGU boilers and combustion turbines,
the SIP must contain enforceable limits on the ozone season
NOX mass emissions from these sources. In addition, under 40
CFR 51.121(i)(4) of the NOX SIP Call regulations as
originally promulgated, the SIP also had to require these sources to
monitor emissions according to the provisions of 40 CFR part 75, which
generally entails the use of continuous emission monitoring systems.
Tennessee triggered these requirements by including control measures in
its SIP for these types of sources, and the requirements have remained
in effect despite the discontinuation of the NOX Budget
Trading Program after the 2008 ozone season.
On March 8, 2019, EPA revised some of the regulations that were
originally promulgated in 1998 to implement the NOX SIP
Call.\7\ The revision gave states covered by the NOX SIP
Call greater flexibility concerning the form of the NOX
emissions monitoring requirements that the states must include in their
SIPs for certain emissions sources. The revision amended 40 CFR
51.121(i)(4) to make Part 75 monitoring, recordkeeping, and reporting
optional, such that SIPs may establish alternative monitoring
requirements for NOX SIP Call budget units that meet the
general requirements of 40 CFR 51.121(f)(1) and (i)(1). Under the
updated provision, a state's implementation plan still needs to include
some form of emissions monitoring requirements for these types of
sources, consistent with the NOX SIP Call's general
enforceability and monitoring requirements at 40 CFR 51.121(f)(1) and
(i)(1), respectively, but states are no longer required to satisfy
these general NOX SIP Call requirements specifically through
the adoption of 40 CFR part 75 monitoring requirements.
---------------------------------------------------------------------------
\7\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP Call,''
84 FR 8422 (March 8, 2019).
---------------------------------------------------------------------------
Following EPA's March 8, 2019, revision to the NOX SIP
Call requirements, Packaging Company of America (PCA) petitioned TDEC
to adopt revised permit conditions applicable to PCA's Highway 57,
Counce, Tennessee facility (PCA Counce Mill) with an alternative
monitoring option for this large non-EGU, along with corresponding
revised recordkeeping and reporting conditions. This petition resulted
in the issuance of the permit for PCA Counce Mill included as part of
TDEC's SIP submittal. The changes allow PCA Counce Mill to address the
NOX SIP Call's requirements for enforceable limits on ozone
season NOX mass emissions through non-Part 75 alternative
monitoring and reporting methodologies. The June 29, 2021, source-
specific SIP revision submitted by TDEC contains the permit provisions
that TDEC modified to specifically address the alternative monitoring
provisions allowed under the NOX SIP Call and requests
conditional approval of those provisions into the SIP. The contents of
the submittal and EPA's analysis is further discussed in Section III.
II. Why is EPA proposing this action?
TDEC's June 29, 2021, letter requests that EPA conditionally
approve into Tennessee's SIP Tennessee Air Pollution Control Board
operating permit No. 078563 for PCA Counce Mill, state effective on
June 10, 2021, to provide alternative NOX monitoring and
reporting for Boiler #1 at this facility in accordance with 40 CFR
51.121(i). TDEC requests that this approval be conditioned on
Tennessee's commitment to modify the provisions at Chapter 1200-03-
27.12(11) to specify allowable non-Part 75 permissible alternative
monitoring and reporting methodologies for large industrial non-EGUs
subject to the NOX SIP Call, such as the alternative
monitoring and reporting provisions in permit No. 078563. The
submission also includes a demonstration under CAA section 110(l)
intended to show that the revision would not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. As discussed
later, EPA has reviewed these changes, preliminarily finds them
consistent with the CAA and regulations governing the NOX
SIP Call, and is proposing to conditionally approve the revisions to
incorporate the source-specific SIP revision into the State's
implementation plan.
III. Analysis of Tennessee's Submission
On September 16, 2020, PCA submitted a petition to TDEC requesting
approval of alternative monitoring, recordkeeping, and reporting
requirements for one boiler subject to the NOX SIP Call
(Combination Boiler #1) at PCA's Counce Mill. The petition states that
PCA uses NOX CEMS to demonstrate compliance with the Counce
Mill's Plantwide Applicability Limit (PAL) permit. Combination Boiler
#1 is the only monitor within the mill that is subject to the
requirements of 40 CFR part 75, and the other NOX sources at
the mill operate CEMS in accordance with 40 CFR part 60. The petition
states that PCA wishes to streamline the monitoring requirements among
the sources at the mill.
That petition resulted in TDEC's revision of the PCA Counce Mill
permit conditions to address NOX SIP Call requirements and
to adopt an alternative monitoring option (along with corresponding
recordkeeping and reporting requirements) for this large non-EGU. These
permit conditions have been submitted by TDEC for approval into
Tennessee's SIP. These revised permit conditions are consistent with
the flexibility provided to states on
[[Page 78895]]
March 8, 2019 (84 FR 8422) concerning the form of the NOX
emissions monitoring requirements that the states must include in their
SIPs for certain emissions sources, such as PCA Counce Mill, to comply
with the NOX SIP Call, required at 40 CFR 51.121(i)(4).
Permit condition one requires compliance with permit conditions two
through five. Permit condition two provides that PCA Counce Mill may
demonstrate compliance with Tennessee Rule 1200-03-27-.12 by monitoring
NOX emissions from Combination Boiler #1 using the
monitoring methodologies for NOX emission rate set forth in
40 CFR part 60, Appendix B in combination with monitoring of heat
input.
Permit Condition 3 requires that PCA Counce Mill submit a program
for conducting continuous in-stack monitoring for NOX mass
emissions for approval by TDEC in accordance with the requirements of
40 CFR 60, Appendix B. To be approvable be TDEC, the program shall
address the following:
(a) A description of the overall monitoring program;
(b) Specifications demonstrating that the proposed monitoring
instruments will meet the requirements of 40 CFR 60, Appendix B;
(c) Specifications for the proposed fuel flow meter and a
discussion of how the fuel Btu content will be determined;
(d) Proposed location(s) of the monitoring instruments on the
boiler effluent gas stream;
(e) Proposed procedures for conducting performance specification
testing of the monitoring instruments in units of the applicable
standard (i.e. NOX mass emissions);
(f) Proposed ongoing monitoring instrument quality assurance
procedures (40 CFR 60, Appendix F or approved alternative);
(g) Procedures for addressing missing data (40 CFR 75, Appendix C,
Appendix F or approved alternative); and
(h) Proposed format for the reporting of data.
Permit condition four specifies that the permittee shall calculate
NOX mass emissions (in tons) for each control period and
report the total to TDEC no later than December 31 following the end of
the control period. Further, condition four requires that
NOX emission rates shall be calculated from continuous
emissions monitoring system (CEMS) measurements using Method 19 in
Appendix A-7 to 40 CFR part 60.
Permit condition five requires that the permittee shall maintain
records of all measurements; all continuous monitoring system
performance evaluations; all continuous monitoring system or monitoring
device calibration checks; adjustments and maintenance performed on
these systems or devices; and all other information required by this
part recorded in a permanent form suitable for inspection. These
records shall be retained for at least five years following the end of
the control period in which such measurements, maintenance, reports,
and records were collected.
Section 110(l) of the CAA prohibits revision of a SIP that would
interfere with attainment or maintenance of a NAAQS, reasonable further
progress toward attainment of a NAAQS, or any other applicable
requirement of the CAA. In its submittal, TDEC includes a demonstration
in accordance with Section 110(l) of the CAA that the proposed revision
would not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. Tennessee's demonstration concludes that the
proposed changes are compliant with Section 110(l) of the CAA because:
(1) PCA Counce Mill's NOX emissions remain substantially
below the facility's NOX budget established pursuant to
TAPCR 1200-03-27-.12; (2) Tennessee's review of all non-EGUs subject to
the NOX SIP Call demonstrates that NOX emissions
for the collection of affected facilities are well below the state's
NOX budget; (3) the alternative monitoring requirements
would be permanent, enforceable, and sufficient to determine whether
the source is in compliance with the NOX SIP Call emissions
requirements; and (4) the work practice requirements of 40 CFR 63
Subpart DDDDD (periodic tune-ups) will provide additional assurance
that the boiler is operating properly. EPA agrees with Tennessee's
rationale summarized above and the conclusion that the proposed
revision would not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA.
In order to address the requirements of the NOX SIP Call
for sources that are not covered under a CSAPR trading program for
ozone season NOX emissions, SIP revisions must provide for
enforceable emissions limitations and require emissions monitoring
consistent with the NOX SIP Call's general enforceability
and monitoring requirements.\8\ See 40 CFR 51.121(f)(2). EPA is
proposing to find that TDEC's submittal meets these requirements and
all other requirements of the CAA, including 40 CFR 51.121(i)(1) and
(4), except that Tennessee additionally will need to modify TAPCR 1200-
03-27.12(11) to specify permissible non-Part 75 alternative monitoring
and reporting methodologies within one year of the effective date of
EPA's conditional approval. Thus, EPA is proposing to conditionally
approve TDEC operating permit No. 078563, state effective on June 10,
2021, into Tennessee's SIP pursuant to CAA section 110(k)(4), subject
to TDEC's specific commitment to modify the provisions of TAPCR 1200-
03-27.12(11) to specify permissible non-Part 75 alternative monitoring
and reporting methodologies within one year of EPA's conditional
approval, as described in TDEC's submittal.
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\8\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
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If Tennessee meets its commitment to submit a SIP revision
modifying the provisions of TAPCR 1200-03-27.12(11) to specify
permissible non-Part 75 alternative monitoring and reporting
methodologies, as allowed under 40 CFR 51.121(i)(1) and (4), by 12
months from the date of final approval of this proposed action, TDEC
operating permit No. 078563 will remain a part of the SIP. However, if
the State fails to submit this revision on or before 12 months from the
date of final approval of this action, the conditional approval will
become a disapproval pursuant to CAA section 110(k)(4).
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Sections I
through III of this preamble, EPA is proposing to incorporate by
reference Tennessee Air Pollution Control Board's operating permit No.
078563 for the PCA Counce Mill, state effective on June 10, 2021. 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).
V. Proposed Action
EPA is proposing to conditionally approve Tennessee Air Pollution
Control Board operating permit No. 078563 for PCA Counce Mill, state
effective June 10, 2021, for incorporation into the Tennessee SIP.
These changes were submitted by Tennessee on June 29, 2021.
[[Page 78896]]
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This proposed action
merely proposes to conditionally 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);
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 proposed
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, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2022
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-27867 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P
