Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen Oxides SIP Call Alternative Monitoring, 1533-1537 [2022-28656]

Download as PDF 1533 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules In response to this request by the SDDC, and pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3), the Corps is proposing to amend its regulations at 33 CFR 334.1110(a) by revising the restricted area boundaries and making additional editorial changes to clarify the description of the new boundaries. The existing restricted area boundary at the western terminus would be shifted approximately 700 yards west along the shoreline so that it encompasses the mouth of Hastings Slough and eliminates a potential route of unauthorized encroachment into the MOTCO installment. Along the central and eastern parts of the restricted area, the existing restricted area boundary would be shifted bayward to the existing ship channel, in order to provide an adequate security buffer around MOTCO’s piers. The revised eastern boundary of the restricted area would follow the southern edge of the ship channel, and would therefore not impact vessel traffic in the ship channel. The eastern shoreline terminus of the restricted area would remain at its current location. lotter on DSK11XQN23PROD with PROPOSALS1 SUPPLEMENTARY INFORMATION: Procedural Requirements a. Regulatory Planning and Review. This proposed rule is not a ‘‘significant regulatory action’’ under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011) and it was not submitted to the Office of Management and Budget for review. b. Review Under the Regulatory Flexibility Act. This proposed rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96–354). The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities (i.e., small businesses and small governments). The proposed change to the restricted area boundaries is necessary to eliminate a potential route of unauthorized encroachment into the MOTCO installation. Small entities can utilize navigable waters outside of the restricted area. Unless information is obtained to the contrary during the public notice comment period, the Corps expects that the modification of VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 the boundaries of this restricted area would have practically no economic impact on the public, no anticipated navigational hazard, or interference with existing waterway traffic. Unless information is obtained to the contrary during the comment period, the Corps certifies that the proposed rule would have no significant economic impact on the public. c. Review Under the National Environmental Policy Act. The Corps expects that the proposed rule will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement will not be required. An environmental assessment will be prepared after the public notice period is closed and all comments have been received and considered. If no adverse comments are received, the environmental assessment will be prepared for the decisionmaking for the final rule. After the environmental assessment is prepared, it may be reviewed by contacting the Corps’ San Francisco District office at 415–503–6795 or by email at CESPNRG-Info@usace.army.mil. d. Unfunded Mandates Act. The proposed rule does not impose an enforceable duty among the private sector and, therefore, is not a federal private sector mandate and is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). The Corps has also found, under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rulemaking. e. Congressional Review Act. The Congressional Review Act, 5 U.S.C. 801 et seq., 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. The Corps will submit a report containing the final rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This proposed rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 33 CFR Part 334 Danger zones, Navigation (water), Restricted areas, Waterways. For the reasons set out in the preamble, the Corps is proposing to amend 33 CFR part 334 as follows: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS 1. The authority citation for 33 CFR part 334 continues to read as follows: ■ Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). 2. Amend § 334.1110 by revising paragraph (a) to read as follows: ■ § 334.1110 Military Ocean Terminal Concord; restricted area. (a) The area. Beginning at point A on the shore west of the mouth of a small slough (known as Hastings Slough) and passing east of buoy R ‘‘6’’ bearing 60°30′ for 2,860 yards, through Point B on the eastern end of the two Seal Islands, to point C on the southern edge of the Roe Island Channel near buoy R ‘‘16A’’; thence in a generally easterly direction running along the southern edge of the Roe Island Channel, Port Chicago Reach and Middle Ground West Reach (points D and E) to point F directly north of the eastern shore boundary (point G); thence 180° to point G on the shore line; thence following the high water shore line in a general westerly direction to the point of beginning. Point Point Point Point Point Point Point A (shoreline) .. B .................... C .................... D .................... E .................... F .................... G (shoreline) Latitude Longitude 38.0513 38.0579 38.063 38.0612 38.0594 38.0594 38.0521 ¥122.0576 ¥122.043 ¥122.0307 ¥122.0204 ¥122.001 ¥121.9882 ¥121.9882 The datum for these coordinates is North Atlantic Datum (NAD) 83. * * * * * Thomas P. Smith, Chief, Operations and Regulatory Division. [FR Doc. 2023–00380 Filed 1–10–23; 8:45 am] BILLING CODE 3720–58–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2022–0158; FRL–10541– 01–R4] Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen Oxides SIP Call Alternative Monitoring Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to conditionally approve a source-specific SUMMARY: E:\FR\FM\11JAP1.SGM 11JAP1 1534 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), through a letter dated August 11, 2021, which establishes alternative monitoring and reporting requirements under the Nitrogen Oxides (NOX) SIP Call. DATES: Comments must be received on or before February 10, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2022–0158 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: 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. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 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 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 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). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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 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 Cross2 CAIR had separate trading programs for annual sulfur dioxide (SO2) emissions, seasonal NOX emissions, and annual NOX emissions. E:\FR\FM\11JAP1.SGM 11JAP1 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules 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 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 document). 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 3 See 79 FR 71663 (December 3, 2014). 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March 14, 2016). 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. lotter on DSK11XQN23PROD with PROPOSALS1 4 See VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 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 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 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 1535 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 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 51.121(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 51.121(i)(1), respectively, but states are no longer required to satisfy these general NOX SIP Call requirements 7 See ‘‘Emissions Monitoring Provisions in State Implementation Plans Required Under the NOX SIP Call,’’ 84 FR 8422 (March 8, 2019). E:\FR\FM\11JAP1.SGM 11JAP1 1536 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules specifically through the adoption of 40 CFR part 75 monitoring requirements. Following EPA’s March 8, 2019, revision to the NOX SIP Call requirements, Eastman petitioned TDEC to adopt revised permit conditions applicable to its Kingsport, Tennessee facility 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 Eastman included as part of TDEC’s SIP submittal. The changes allow Eastman to address the NOX SIP Call’s requirements for enforceable limits on ozone season NOX mass emissions through alternative monitoring and reporting methodologies. The August 11, 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 Sections II and III. lotter on DSK11XQN23PROD with PROPOSALS1 II. Why is EPA proposing this action? TDEC’s August 11, 2021, letter requests that EPA conditionally approve into Tennessee’s SIP Tennessee Air Pollution Control Board operating permit No. 077509 for Eastman, state effective on August 11, 2021, to provide alternative NOX monitoring and reporting for Natural Gas-Fired Boilers 25–29 (PES B–253–1) 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 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. 077509. 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 in this document, EPA has reviewed these changes, preliminarily finds them to be 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. VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 III. Analysis of Tennessee’s Submission On September 17, 2019, Eastman submitted a petition to request approval of alternative monitoring, recordkeeping, and reporting requirements for five boilers subject to the NOX SIP Call (Boilers 25, 26, 27, 28, and 29) at Eastman’s B–253 powerhouse. The petition states that NOX emission rates from Eastman’s B– 253 boilers, which were converted from coal to natural gas operation between 2013 and 2018, are approximately 20% of the pre-conversion NOX emission rates. As a result, Eastman operates with a substantial margin of compliance relative to the facility’s NOX allocation of 3,047 tons.8 The petition states that Eastman emitted 70% of its allocation during the 2018 ozone season. The petition also notes that if Boiler 26 had been converted to gas for the 2018 control period, Eastman would have emitted approximately 60% of its allocation. The petition indicates that these boilers burn only pipeline quality natural gas and that the units have had similar average NOX emission rates from 2016–2020. Specifically, the petition requested that Eastman be permitted to demonstrate compliance with Tennessee Rule 1200–03–27–.12 by monitoring NOX emissions from PES B– 253–1, Boilers 25 through 29, using the monitoring methodology for NOX emission rate set forth in 40 CFR part 75, appendix E. That petition resulted in TDEC’s issuance of operating permit No. 077509 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. Condition 1 of operating permit No. 077509 allows Eastman to use the alternative NOX monitoring provisions in Condition 2 in lieu of the requirements established by TAPCR 1200–03–27–.12(11)(a). Condition 2 provides that Eastman may demonstrate compliance with Tennessee Rule 1200– 03–27–.12 by monitoring NOX emissions from PES B 253–1, Boilers 25 through 29, using the monitoring methodologies set forth in 40 CFR part 75, appendices D and E, except that the units shall not be required to meet the definition of a ‘‘peaking unit’’ under 40 CFR 72.2 as otherwise required under 40 CFR part 75, appendix E, section 1.1. Appendix E generally includes 8 Additional information about how this NO X budget allocation was developed is available within the proposed rule to adopt this budget into the Tennessee’s SIP at 83 FR 64497 (December 17, 2018) and the final rule adopting this budget allocation into Tennessee’s SIP at 86 FR 12092 (March 2, 2021). PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 requirements for performance testing, periodic re-testing, procedures for determining the hourly NOX rate, quality assurance standards, recordkeeping requirements, and reporting requirements.9 These revised permit conditions are consistent with the flexibility provided to states on 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 Eastman, to comply with the NOX SIP Call. 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) NOX emissions from Eastman’s affected units, including B–253 Boilers 25 through 29, are substantially below the facility’s NOX budget established pursuant to TAPCR 1200–03–27–.12, and the change would not result in an increase in NOX emissions; (2) the proposed monitoring alternative would not alter the NOX SIP Call budget that limits emissions from the affected unit; (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 boilers are 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 9 40 CFR part 75, appendix D is also referred to in Condition 2 operating permit No. 077509 because 40 CFR part 75, appendix E cross-references appendix D’s methodology to determine heat input values. E:\FR\FM\11JAP1.SGM 11JAP1 Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 and require emissions monitoring consistent with the NOX SIP Call’s general enforceability and monitoring requirements.10 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 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. 077509, state effective on August 11, 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 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 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. 077509 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. 077509 for the Eastman Chemical Company, state effective on August 11, 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 10 See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4). VerDate Sep<11>2014 16:29 Jan 10, 2023 Jkt 259001 Control Board operating permit No. 077509 for the Eastman Chemical Company, state effective August 11, 2021 for incorporation into the Tennessee SIP. These changes were submitted by Tennessee on August 11, 2021. 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 an impose 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). PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 1537 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 30, 2022. Daniel Blackman, Regional Administrator, Region 4. [FR Doc. 2022–28656 Filed 1–10–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2022–0957; FRL–10543– 01–R9] Partial Approval, Conditional Approval, and Partial Disapproval of Air Quality State Implementation Plans; Nevada; Infrastructure Requirements for Ozone Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The EPA is proposing to approve in part, conditionally approve in part, and disapprove in part a state implementation plan (SIP) revision submitted by the State of Nevada pursuant to the requirements of the Clean Air Act (CAA or ‘‘Act’’) for the implementation, maintenance, and enforcement of the 2015 national ambient air quality standards (NAAQS) for ozone. As part of this action, we are proposing to reclassify a region of the State for emergency episode planning purposes with respect to ozone. Finally, we are proposing to approve a regulatory revision into the Nevada SIP. We are taking comments on this proposal and, after considering any comments submitted, plan to take final action. DATES: Written comments must be received on or before February 10, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2022–0957 at https:// www.regulations.gov. For comments SUMMARY: E:\FR\FM\11JAP1.SGM 11JAP1

Agencies

[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Proposed Rules]
[Pages 1533-1537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28656]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0158; FRL-10541-01-R4]


Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen 
Oxides SIP Call Alternative Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
conditionally approve a source-specific

[[Page 1534]]

State Implementation Plan (SIP) revision submitted by the State of 
Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), through a letter dated August 11, 2021, which 
establishes alternative monitoring and reporting requirements under the 
Nitrogen Oxides (NOX) SIP Call.

DATES: Comments must be received on or before February 10, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0158 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/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 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-

[[Page 1535]]

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 document). 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 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 51.121(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 
51.121(i)(1), respectively, but states are no longer required to 
satisfy these general NOX SIP Call requirements

[[Page 1536]]

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, Eastman petitioned TDEC to adopt revised permit 
conditions applicable to its Kingsport, Tennessee facility 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 Eastman included as 
part of TDEC's SIP submittal. The changes allow Eastman to address the 
NOX SIP Call's requirements for enforceable limits on ozone 
season NOX mass emissions through alternative monitoring and 
reporting methodologies. The August 11, 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 Sections II and 
III.

II. Why is EPA proposing this action?

    TDEC's August 11, 2021, letter requests that EPA conditionally 
approve into Tennessee's SIP Tennessee Air Pollution Control Board 
operating permit No. 077509 for Eastman, state effective on August 11, 
2021, to provide alternative NOX monitoring and reporting 
for Natural Gas-Fired Boilers 25-29 (PES B-253-1) 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 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. 077509. 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 in this document, EPA has 
reviewed these changes, preliminarily finds them to be 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 17, 2019, Eastman submitted a petition to request 
approval of alternative monitoring, recordkeeping, and reporting 
requirements for five boilers subject to the NOX SIP Call 
(Boilers 25, 26, 27, 28, and 29) at Eastman's B-253 powerhouse. The 
petition states that NOX emission rates from Eastman's B-253 
boilers, which were converted from coal to natural gas operation 
between 2013 and 2018, are approximately 20% of the pre-conversion 
NOX emission rates. As a result, Eastman operates with a 
substantial margin of compliance relative to the facility's 
NOX allocation of 3,047 tons.\8\ The petition states that 
Eastman emitted 70% of its allocation during the 2018 ozone season. The 
petition also notes that if Boiler 26 had been converted to gas for the 
2018 control period, Eastman would have emitted approximately 60% of 
its allocation. The petition indicates that these boilers burn only 
pipeline quality natural gas and that the units have had similar 
average NOX emission rates from 2016-2020. Specifically, the 
petition requested that Eastman be permitted to demonstrate compliance 
with Tennessee Rule 1200-03-27-.12 by monitoring NOX 
emissions from PES B-253-1, Boilers 25 through 29, using the monitoring 
methodology for NOX emission rate set forth in 40 CFR part 
75, appendix E.
---------------------------------------------------------------------------

    \8\ Additional information about how this NOX budget 
allocation was developed is available within the proposed rule to 
adopt this budget into the Tennessee's SIP at 83 FR 64497 (December 
17, 2018) and the final rule adopting this budget allocation into 
Tennessee's SIP at 86 FR 12092 (March 2, 2021).
---------------------------------------------------------------------------

    That petition resulted in TDEC's issuance of operating permit No. 
077509 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. Condition 1 of 
operating permit No. 077509 allows Eastman to use the alternative 
NOX monitoring provisions in Condition 2 in lieu of the 
requirements established by TAPCR 1200-03-27-.12(11)(a). Condition 2 
provides that Eastman may demonstrate compliance with Tennessee Rule 
1200-03-27-.12 by monitoring NOX emissions from PES B 253-1, 
Boilers 25 through 29, using the monitoring methodologies set forth in 
40 CFR part 75, appendices D and E, except that the units shall not be 
required to meet the definition of a ``peaking unit'' under 40 CFR 72.2 
as otherwise required under 40 CFR part 75, appendix E, section 1.1. 
Appendix E generally includes requirements for performance testing, 
periodic re-testing, procedures for determining the hourly 
NOX rate, quality assurance standards, recordkeeping 
requirements, and reporting requirements.\9\ These revised permit 
conditions are consistent with the flexibility provided to states on 
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 Eastman, to comply with the 
NOX SIP Call.
---------------------------------------------------------------------------

    \9\ 40 CFR part 75, appendix D is also referred to in Condition 
2 operating permit No. 077509 because 40 CFR part 75, appendix E 
cross-references appendix D's methodology to determine heat input 
values.
---------------------------------------------------------------------------

    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) NOX emissions from Eastman's affected units, including 
B-253 Boilers 25 through 29, are substantially below the facility's 
NOX budget established pursuant to TAPCR 1200-03-27-.12, and 
the change would not result in an increase in NOX emissions; 
(2) the proposed monitoring alternative would not alter the 
NOX SIP Call budget that limits emissions from the affected 
unit; (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 boilers 
are 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

[[Page 1537]]

and require emissions monitoring consistent with the NOX SIP 
Call's general enforceability and monitoring requirements.\10\ 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 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. 077509, state effective 
on August 11, 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 
alternative monitoring and reporting methodologies within one year of 
EPA's conditional approval, as described in TDEC's submittal.
---------------------------------------------------------------------------

    \10\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
---------------------------------------------------------------------------

    If Tennessee meets its commitment to submit a SIP revision 
modifying the provisions of TAPCR 1200-03-27.12(11) to specify 
permissible 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. 
077509 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. 
077509 for the Eastman Chemical Company, state effective on August 11, 
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. 077509 for the Eastman Chemical 
Company, state effective August 11, 2021 for incorporation into the 
Tennessee SIP. These changes were submitted by Tennessee on August 11, 
2021.

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 an impose 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 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-28656 Filed 1-10-23; 8:45 am]
BILLING CODE 6560-50-P
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