Air Plan Approval; Tennessee; Revisions to Control of Sulfur Dioxide Emissions, 7886-7888 [2023-02418]
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7886
Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• This action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898
(59 FR 7629, February 16, 1994). The
basis for this determination is contained
in section VI of this action,
‘‘Environmental Justice
Considerations.’’
• In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
• This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
• Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 10, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements(see section
307(b)(2)).
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: January 30, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
2. In § 52.1320, the table in paragraph
(e) is amended by adding the entry
‘‘(85)’’ to read as follows:
■
§ 52.1320
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
Name of nonregulatory
SIP provision
*
(85) Marginal Plan for the St.
Louis 2015 8-Hour Ozone
Nonattainment Area.
Applicable geographic or
nonattainment area
State submittal date
*
*
St. Louis Area: Missouri counties of
Jefferson, St. Charles, and St. Louis
along with the City of St. Louis and
Boles Township in Franklin County.
*
9/8/2021, 4/8/2022 ......
[FR Doc. 2023–02310 Filed 2–6–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0201; FRL–10437–
02–R4]
Air Plan Approval; Tennessee;
Revisions to Control of Sulfur Dioxide
Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
ddrumheller on DSK120RN23PROD with RULES
VerDate Sep<11>2014
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This rule is effective March 9,
2023.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0201. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
ADDRESSES:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
Explanation
*
*
*
2/7/2023, [insert FedThis action approves the Marginal
eral Register citanonattainment area plan for the St.
tion].
Louis Area for the 2015 8-hour
Ozone NAAQS [EPA–R07–OAR–
2022–0880; FRL–10388–02–R7].
installation, maintenance, and
termination of ambient air sulfur
dioxide (SO2) monitors near large
industrial SO2 emitting sources in the
State. EPA is approving the adoption of
the changes to the Tennessee Air
Pollution Control Regulations (TAPCR)
related to the control of SO2 emissions
into the SIP. EPA’s analysis indicates
that this SIP revision would not
interfere with attainment or
maintenance of any national ambient air
quality standards (NAAQS or standards)
or any other Clean Air Act (CAA or Act)
requirements.
DATES:
The Environmental Protection
Agency (EPA) is finalizing the approval
of a State Implementation Plan (SIP)
revision submitted by the State of
Tennessee through the Tennessee
Department of Environment and
Conservation (TDEC), through a letter
date June 1, 2021. The SIP submittal
revises SIP requirements regarding the
SUMMARY:
EPA approval date
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Josue Ortiz, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8085. Mr. Ortiz can also be reached via
electronic mail at ortizborrero.josue@
epa.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES
I. Background
Chapter 1200–3–14 of TAPCR
regulates SO2 emissions within the State
of Tennessee. Under the General
Provisions of this chapter, found in
TAPCR 1200–03–14-.01(6), the State
requires every owner or operator of a
certain large fuel burning installations
and process emission sources to: (1)
demonstrate to the satisfaction of the
Technical Secretary that their SO2
emissions will not cause interference
with attainment and maintenance of any
air quality standard, and (2) install and
maintain air quality sensors to monitor
attainment and maintenance of ambient
air quality standards in the areas
influenced by their SO2 emissions. The
rule also allows owners or operators to
petition the Technical Secretary to
terminate ambient monitoring
previously commenced provided certain
conditions are met.
The June 1, 2021, SIP revision
includes changes to Tennessee’s
ambient SO2 monitoring requirements
for affected emission sources, including
adding a provision to require the use of
permitted allowable SO2 emissions for
the demonstration that subject sources
are required to make to show that their
SO2 emissions will not cause
interference with attainment and
maintenance of any air quality standard,
the removal of a less than 20,000 tons
per year threshold to qualify for the
termination of monitors, the addition of
a data completeness requirement for the
two years of ambient data collected
prior to termination of monitoring, and
the addition of a monitoring exemption
for any fuel burning installation or
process emission source located in an
area in which the Technical Secretary
operates one or more ambient SO2 air
quality monitors in the area under the
influence of the source’s emissions.
Tennessee’s SIP submittal also provides
a CAA section 110(l) non-interference
demonstration to show that the changes
to paragraph 1200–03–14-.01(6) will not
interfere with any applicable
requirement concerning attainment of
any NAAQS and reasonable further
progress, or any other applicable CAA
requirement. Lastly, the SIP includes
clarifying administrative changes to the
regulatory language at paragraph 1200–
03–14–.01(6).
Through a notice of proposed
rulemaking (NPRM), published on
VerDate Sep<11>2014
17:54 Feb 06, 2023
Jkt 259001
December 5, 2022 (87 FR 74356), EPA
proposed to approve the June 1, 2021,
changes to Tennessee’s Section 1200–
03–14-.01. The details of Tennessee’s
submission, as well as EPA’s rationale
for approving the changes, are described
in more detail in the December 5, 2022,
NPRM. Comments on the December 5,
2022, NPRM were due on or before
January 4, 2023. No comments were
received on the December 5, 2022,
NPRM, adverse or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of the
preamble, EPA is finalizing the
incorporation by reference of TAPCR
1200–03–14-.01, General Provisions,
state effective on May 31, 2021, into the
Tennessee SIP. This regulation includes
the changes described in Section I,
above. 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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
III. Final Action
EPA is finalizing the approval of
Tennessee’s June 1, 2021, SIP
submission revising paragraph 1200–
03–14-.01(6). Specifically, the SIP
revision updates Tennessee’s
regulations related to SO2 criteria for
applicable sources to install, maintain
and terminate SO2 ambient air monitors
near large SO2 emitting industrial
sources. Tennessee’s June 1, 2021,
submittal changes SO2 monitoring
requirements for process emission
sources emitting more than 1,000 tons of
SO2 per year and fuel burning
installations having a total rated
capacity greater than 1,000 MMBtu/hr,
including provisions to allow the owner
or operator of these SO2 sources to
petition to terminate ambient air quality
monitoring. The SIP submittal also
included a CAA section 110(l) noninterference demonstration showing that
the changes will not interfere with
1 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00049
Fmt 4700
Sfmt 4700
7887
attainment or maintenance of the
NAAQS. EPA is approving these
changes because they are consistent
with the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
E:\FR\FM\07FER1.SGM
07FER1
7888
Federal Register / Vol. 88, No. 25 / Tuesday, February 7, 2023 / Rules and Regulations
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 10, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: January 31, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220(c), amend Table 1 by
revising the entry for ‘‘Section 1200–3–
14-.01’’ to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
Title/subject
*
*
*
Section 1200–3–14–.01 .......... General Provisions ................
*
*
*
*
*
*
*
*
[FR Doc. 2023–02418 Filed 2–6–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0202; FRL–10511–
02–R4]
Air Plan Approval; Georgia; Murray
County Area Limited Maintenance Plan
for the 1997 8-hour Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
a state implementation plan (SIP)
revision submitted by the State of
Georgia, through the Georgia
Environmental Protection Division
(EPD), on October 20, 2021. The SIP
revision includes the 1997 8-hour ozone
national ambient air quality standards
(NAAQS) Limited Maintenance Plan
(LMP) for the portion of Murray County,
ddrumheller on DSK120RN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:54 Feb 06, 2023
Jkt 259001
State effective
date
*
5/31/2021
*
EPA approval date
*
*
2/7/2023, ................................
[Insert citation of publication].
*
Georgia, previously designated
nonattainment for the 1997 8-hour
ozone NAAQS (hereinafter referred to as
the Murray County 1997 8-hour NAAQS
Area or Murray County Area or Area).
EPA is finalizing approval because the
Murray County Area LMP provides for
the maintenance of the 1997 8-hour
ozone NAAQS within the Murray
County Area through the end of the
second 10-year portion of the
maintenance period. This action makes
certain commitments related to
maintenance of the 1997 8-hour ozone
NAAQS in the Murray County Area
federally enforceable as part of the
Georgia SIP.
DATES: This rule is effective March 9,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0202. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
Explanation
*
*
*
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that,
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, 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–
9088. Ms. Bell can also be reached via
electronic mail at bell.tiereny@epa.gov.
E:\FR\FM\07FER1.SGM
07FER1
]]>Agencies
[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7886-7888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02418]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0201; FRL-10437-02-R4]
Air Plan Approval; Tennessee; Revisions to Control of Sulfur
Dioxide Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing the
approval of a State Implementation Plan (SIP) revision submitted by the
State of Tennessee through the Tennessee Department of Environment and
Conservation (TDEC), through a letter date June 1, 2021. The SIP
submittal revises SIP requirements regarding the installation,
maintenance, and termination of ambient air sulfur dioxide
(SO2) monitors near large industrial SO2 emitting
sources in the State. EPA is approving the adoption of the changes to
the Tennessee Air Pollution Control Regulations (TAPCR) related to the
control of SO2 emissions into the SIP. EPA's analysis
indicates that this SIP revision would not interfere with attainment or
maintenance of any national ambient air quality standards (NAAQS or
standards) or any other Clean Air Act (CAA or Act) requirements.
DATES: This rule is effective March 9, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0201. All documents in the docket
are listed on the regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
[[Page 7887]]
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-8085. Mr. Ortiz can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Chapter 1200-3-14 of TAPCR regulates SO2 emissions
within the State of Tennessee. Under the General Provisions of this
chapter, found in TAPCR 1200-03-14-.01(6), the State requires every
owner or operator of a certain large fuel burning installations and
process emission sources to: (1) demonstrate to the satisfaction of the
Technical Secretary that their SO2 emissions will not cause
interference with attainment and maintenance of any air quality
standard, and (2) install and maintain air quality sensors to monitor
attainment and maintenance of ambient air quality standards in the
areas influenced by their SO2 emissions. The rule also
allows owners or operators to petition the Technical Secretary to
terminate ambient monitoring previously commenced provided certain
conditions are met.
The June 1, 2021, SIP revision includes changes to Tennessee's
ambient SO2 monitoring requirements for affected emission
sources, including adding a provision to require the use of permitted
allowable SO2 emissions for the demonstration that subject
sources are required to make to show that their SO2
emissions will not cause interference with attainment and maintenance
of any air quality standard, the removal of a less than 20,000 tons per
year threshold to qualify for the termination of monitors, the addition
of a data completeness requirement for the two years of ambient data
collected prior to termination of monitoring, and the addition of a
monitoring exemption for any fuel burning installation or process
emission source located in an area in which the Technical Secretary
operates one or more ambient SO2 air quality monitors in the
area under the influence of the source's emissions. Tennessee's SIP
submittal also provides a CAA section 110(l) non-interference
demonstration to show that the changes to paragraph 1200-03-14-.01(6)
will not interfere with any applicable requirement concerning
attainment of any NAAQS and reasonable further progress, or any other
applicable CAA requirement. Lastly, the SIP includes clarifying
administrative changes to the regulatory language at paragraph 1200-03-
14-.01(6).
Through a notice of proposed rulemaking (NPRM), published on
December 5, 2022 (87 FR 74356), EPA proposed to approve the June 1,
2021, changes to Tennessee's Section 1200-03-14-.01. The details of
Tennessee's submission, as well as EPA's rationale for approving the
changes, are described in more detail in the December 5, 2022, NPRM.
Comments on the December 5, 2022, NPRM were due on or before January 4,
2023. No comments were received on the December 5, 2022, NPRM, adverse
or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of the preamble, EPA is finalizing
the incorporation by reference of TAPCR 1200-03-14-.01, General
Provisions, state effective on May 31, 2021, into the Tennessee SIP.
This regulation includes the changes described in Section I, above. 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). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is finalizing the approval of Tennessee's June 1, 2021, SIP
submission revising paragraph 1200-03-14-.01(6). Specifically, the SIP
revision updates Tennessee's regulations related to SO2
criteria for applicable sources to install, maintain and terminate
SO2 ambient air monitors near large SO2 emitting
industrial sources. Tennessee's June 1, 2021, submittal changes
SO2 monitoring requirements for process emission sources
emitting more than 1,000 tons of SO2 per year and fuel
burning installations having a total rated capacity greater than 1,000
MMBtu/hr, including provisions to allow the owner or operator of these
SO2 sources to petition to terminate ambient air quality
monitoring. The SIP submittal also included a CAA section 110(l) non-
interference demonstration showing that the changes will not interfere
with attainment or maintenance of the NAAQS. EPA is approving these
changes because they are consistent with the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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
[[Page 7888]]
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 10, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: January 31, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220(c), amend Table 1 by revising the entry for
``Section 1200-3-14-.01'' to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 1200-3-14-.01............ General Provisions. 5/31/2021 2/7/2023,..........
[Insert citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-02418 Filed 2-6-23; 8:45 am]
BILLING CODE 6560-50-P
