Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen Oxides SIP Call Alternative Monitoring, 14276-14278 [2023-04504]
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA approval date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.220 ...........
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Restriction of Emission of Visible
Air Contaminants.
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[FR Doc. 2023–04507 Filed 3–7–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0158; FRL–10541–
02–R4]
Air Plan Approval; Tennessee;
Eastman Chemical Company Nitrogen
Oxides SIP Call Alternative Monitoring
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving a revision to the Tennessee
State Implementation Plan (SIP)
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
through a letter dated August 11, 2021.
This revision establishes alternative
monitoring, recordkeeping, and
reporting requirements under the
Nitrogen Oxides (NOX) SIP Call. EPA is
approving these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: This rule is effective April 7,
2023.
SUMMARY:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0158. 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
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ADDRESSES:
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3/30/2019
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3/8/2023, [insert Federal Register
citation].
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the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air 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:
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:
I. Background
Eastman Chemical Company
(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
PO 00000
Frm 00026
Fmt 4700
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Subsection (1)(I) referring to the
open burning rule, 10 CSR 10–
6.045, is not SIP approved.
Sfmt 4700
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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.
Through a notice of proposed
rulemaking (NPRM), published on
January 11, 2023 (88 FR 1533), EPA
proposed to 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
allowable non-Part 75 permissible
alternative monitoring and reporting
methodologies for large industrial nonEGUs subject to the NOX SIP Call, such
as the alternative monitoring and
reporting provisions in permit No.
077509. The details of Tennessee’s
submission, as well as the background
and EPA’s rationale for conditionally
approving the changes, are described in
more detail in the January 11, 2023,
NPRM. Comments on the January 11,
2023, NPRM were due on or before
February 10, 2023.
II. Response to Comments
EPA received three sets of supportive
comments on the NPRM and one set of
adverse comments, all from members of
the general public.1 EPA summarizes
1 The comment ‘‘in support of the EPA approving
[the] TN Air Pollution Control Board, for the
Eastman Chemical Company,’’ is unclear and may
be based on a misunderstanding regarding the
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
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and responds to the set of adverse
comments below.
Comment: The commenter claims that
the State’s proposal regarding
alternative monitoring and reporting
requirements is ‘‘vague’’ and ‘‘harmful’’
and would set a ‘‘dangerous precedent’’
by establishing ‘‘conditions beneath
already lax federal regulations’’ that
would enable states and industry to
‘‘seek a carve-out for a particular law
instead of complying with rules
designed to provoke compliance with
good neighbor provisions.’’ According
to the commenter, this approach would
allow the establishment of standards
‘‘that could not register a problem if it
occurred or give the company
permission to develop lax, uninformed,
and purposefully negligent reporting
and monitoring requirements.’’
Response: EPA disagrees with the
commenter. As discussed in the January
11, 2023, NPRM, EPA revised its NOX
SIP Call rules at 40 CFR 51.121 in 2019
to make Part 75 monitoring,
recordkeeping, and reporting optional
for subject sources, such that a SIP may
establish alternative monitoring for NOX
SIP Call budget units if the SIP
containing the alternative meets the
general requirements of 40 CFR
51.121(f)(1) and (i)(1). These general
requirements ensure that alternative
monitoring is sufficient to determine
whether sources are in compliance with
the NOX SIP Call budgets. Tennessee
utilized this flexibility in modifying
Eastman’s air permit to allow for
alternative monitoring and in
submitting that permit to EPA for
incorporation into its SIP. The permit
conditions contain clear and specific
alternative monitoring provisions that
EPA described in detail in the NPRM,
and the SIP revision containing those
provisions satisfies 40 CFR 51.121. More
specifically, the level of detail and
monitoring rigor required by 40 CFR
part 75, Appendices D and E (as an
alternative to the methodologies in 40
CFR 75.12 and 40 CFR 75.17) are
adequate to ensure that Eastman is in
compliance with its source-specific
allocation of Tennessee’s NOX SIP Call
budget.2 Compliance with the NOX
monitoring provisions within 40 CFR
part 75, Appendices D and E is required
nature of this rulemaking. To clarify, EPA is not
approving the Tennessee Air Pollution Control
Board. EPA is conditionally approving a permit
issued to Eastman by the Tennessee Air Pollution
Control Board into Tennessee’s SIP.
2 Furthermore, as discussed in Section III of the
NPRM, NOX emissions from Eastman’s affected
units are substantially below the facility’s NOX
budget, and the work practice requirements of 40
CFR part 63, subpart DDDDD (periodic tune-ups)
provide additional assurance that the boilers are
operating properly.
VerDate Sep<11>2014
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by Condition 2 of Tennessee Air
Pollution Control Board operating
permit No. 077509, which is being
conditionally approved into Tennessee’s
SIP.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of
this preamble and the January 11, 2023,
NPRM, EPA is finalizing the
incorporation by reference of Tennessee
Air Pollution Control Board operating
permit No. 077509 for Eastman, state
effective on August 11, 2021, into the
Tennessee SIP. 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.3
IV. Final Action
EPA is taking final action to
conditionally approve Tennessee Air
Pollution Control Board operating
permit No. 077509 for Eastman, state
effective August 11, 2021, for
incorporation into the Tennessee SIP.
These changes were submitted by
Tennessee on August 11, 2021. As
discussed in more detail in the January
11, 2023 NPRM, these changes to
Tennessee’s SIP are approved subject to
the condition that Tennessee meets its
commitment to submit a SIP revision
modifying the provisions of TAPCR
1200–03–27.12(11) to specify
permissible non-Part 75 alternative
monitoring and reporting
methodologies, as allowed under 40
CFR 51.121(i)(1) and (4), by 12 months
from the date of this final approval. 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).
3 See
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62 FR 27968 (May 22, 1997).
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14277
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely
conditionally 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
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,
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08MRR1
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
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 May 8, 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,
Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: February 28, 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
§ 52.2219
Conditional approval.
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(b) Tennessee submitted a sourcespecific SIP revision to EPA on August
11, 2021, regarding the Eastman
Chemical Company’s Kingsport,
Tennessee facility, along with a
commitment to modify the provisions at
Tennessee Air Pollution Control
Regulation 1200–03–27.12(11) to specify
allowable non-Part 75 permissible
alternative monitoring and reporting
methodologies for large industrial nonEGUs subject to the NOX SIP Call. EPA
conditionally approved the August 11,
2021, SIP revision in an action
published in the Federal Register on
March 8, 2023. If Tennessee fails to
meet its commitment by March 8, 2024,
the conditional approval will become a
disapproval on March 8, 2024.
3. In § 52.2220, add an entry for
‘‘Eastman Chemical Company’’ at the
end of the table in paragraph (d) to read
as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.2220
Subpart RR—Tennessee
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2. In § 52.2219, add paragraph (b) to
read as follows:
■
Identification of plan.
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(d) * * *
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EPA-APPROVED TENNESSEE SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit No.
*
Eastman Chemical
Company.
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*
State effective
date
EPA approval date
*
8/11/2021
*
3/8/2023, [Insert citation of publication].
*
077509
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[FR Doc. 2023–04504 Filed 3–7–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0203; FRL–10510–
02–R4]
lotter on DSK11XQN23PROD with RULES1
Air Plan Approval; Georgia; Macon
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
SUMMARY:
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Explanation
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Conditional approval based on TDEC’s commitment to
modify the provisions at Chapter 1200–03–27.12(11) to
specify allowable non-Part 75 permissible alternative
monitoring and reporting methodologies for large industrial non-EGUs subject to the NOX SIP Call.
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 Limited
Maintenance Plan (LMP) for the Macon
1997 8-hour ozone national ambient air
quality standards (NAAQS)
maintenance area (hereinafter referred
to as the Macon 1997 8-hour Ozone
NAAQS Area or Macon Area or Area).
The Macon 1997 8-hour NAAQS Area
consists of all of Bibb County and a
portion of Monroe County located in
middle Georgia. EPA is finalizing
approval because the Macon Area LMP
provides for the maintenance of the
1997 8-hour ozone NAAQS within the
Area through the end of the second 10year portion of the maintenance period.
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This action makes certain commitments
related to maintenance of the 1997 8hour ozone NAAQS in the Area
federally enforceable as part of the
Georgia SIP.
DATES: This rule is effective April 7,
2023.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2022–0203. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
ADDRESSES:
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]]>Agencies
[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14276-14278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04504]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0158; FRL-10541-02-R4]
Air Plan Approval; Tennessee; Eastman Chemical Company Nitrogen
Oxides SIP Call Alternative Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving a revision to the Tennessee State Implementation Plan (SIP)
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC), through a letter dated August
11, 2021. This revision establishes alternative monitoring,
recordkeeping, and reporting requirements under the Nitrogen Oxides
(NOX) SIP Call. EPA is approving these changes pursuant to
the Clean Air Act (CAA or Act).
DATES: This rule is effective April 7, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0158. 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: 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
Eastman Chemical Company (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.
Through a notice of proposed rulemaking (NPRM), published on
January 11, 2023 (88 FR 1533), EPA proposed to 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 allowable non-Part 75 permissible alternative
monitoring and reporting methodologies for large industrial non-EGUs
subject to the NOX SIP Call, such as the alternative
monitoring and reporting provisions in permit No. 077509. The details
of Tennessee's submission, as well as the background and EPA's
rationale for conditionally approving the changes, are described in
more detail in the January 11, 2023, NPRM. Comments on the January 11,
2023, NPRM were due on or before February 10, 2023.
II. Response to Comments
EPA received three sets of supportive comments on the NPRM and one
set of adverse comments, all from members of the general public.\1\ EPA
summarizes
[[Page 14277]]
and responds to the set of adverse comments below.
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\1\ The comment ``in support of the EPA approving [the] TN Air
Pollution Control Board, for the Eastman Chemical Company,'' is
unclear and may be based on a misunderstanding regarding the nature
of this rulemaking. To clarify, EPA is not approving the Tennessee
Air Pollution Control Board. EPA is conditionally approving a permit
issued to Eastman by the Tennessee Air Pollution Control Board into
Tennessee's SIP.
---------------------------------------------------------------------------
Comment: The commenter claims that the State's proposal regarding
alternative monitoring and reporting requirements is ``vague'' and
``harmful'' and would set a ``dangerous precedent'' by establishing
``conditions beneath already lax federal regulations'' that would
enable states and industry to ``seek a carve-out for a particular law
instead of complying with rules designed to provoke compliance with
good neighbor provisions.'' According to the commenter, this approach
would allow the establishment of standards ``that could not register a
problem if it occurred or give the company permission to develop lax,
uninformed, and purposefully negligent reporting and monitoring
requirements.''
Response: EPA disagrees with the commenter. As discussed in the
January 11, 2023, NPRM, EPA revised its NOX SIP Call rules
at 40 CFR 51.121 in 2019 to make Part 75 monitoring, recordkeeping, and
reporting optional for subject sources, such that a SIP may establish
alternative monitoring for NOX SIP Call budget units if the
SIP containing the alternative meets the general requirements of 40 CFR
51.121(f)(1) and (i)(1). These general requirements ensure that
alternative monitoring is sufficient to determine whether sources are
in compliance with the NOX SIP Call budgets. Tennessee
utilized this flexibility in modifying Eastman's air permit to allow
for alternative monitoring and in submitting that permit to EPA for
incorporation into its SIP. The permit conditions contain clear and
specific alternative monitoring provisions that EPA described in detail
in the NPRM, and the SIP revision containing those provisions satisfies
40 CFR 51.121. More specifically, the level of detail and monitoring
rigor required by 40 CFR part 75, Appendices D and E (as an alternative
to the methodologies in 40 CFR 75.12 and 40 CFR 75.17) are adequate to
ensure that Eastman is in compliance with its source-specific
allocation of Tennessee's NOX SIP Call budget.\2\ Compliance
with the NOX monitoring provisions within 40 CFR part 75,
Appendices D and E is required by Condition 2 of Tennessee Air
Pollution Control Board operating permit No. 077509, which is being
conditionally approved into Tennessee's SIP.
---------------------------------------------------------------------------
\2\ Furthermore, as discussed in Section III of the NPRM,
NOX emissions from Eastman's affected units are
substantially below the facility's NOX budget, and the
work practice requirements of 40 CFR part 63, subpart DDDDD
(periodic tune-ups) provide additional assurance that the boilers
are operating properly.
---------------------------------------------------------------------------
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble and the January
11, 2023, NPRM, EPA is finalizing the incorporation by reference of
Tennessee Air Pollution Control Board operating permit No. 077509 for
Eastman, state effective on August 11, 2021, into the Tennessee SIP.
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.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action to conditionally approve Tennessee Air
Pollution Control Board operating permit No. 077509 for Eastman, state
effective August 11, 2021, for incorporation into the Tennessee SIP.
These changes were submitted by Tennessee on August 11, 2021. As
discussed in more detail in the January 11, 2023 NPRM, these changes to
Tennessee's SIP are approved subject to the condition that Tennessee
meets its commitment to submit a SIP revision modifying the provisions
of TAPCR 1200-03-27.12(11) to specify permissible non-Part 75
alternative monitoring and reporting methodologies, as allowed under 40
CFR 51.121(i)(1) and (4), by 12 months from the date of this final
approval. 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).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
conditionally 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 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,
[[Page 14278]]
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 May 8, 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, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: February 28, 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. 52.2219, add paragraph (b) to read as follows:
Sec. 52.2219 Conditional approval.
* * * * *
(b) Tennessee submitted a source-specific SIP revision to EPA on
August 11, 2021, regarding the Eastman Chemical Company's Kingsport,
Tennessee facility, along with a commitment to modify the provisions at
Tennessee Air Pollution Control Regulation 1200-03-27.12(11) to specify
allowable non-Part 75 permissible alternative monitoring and reporting
methodologies for large industrial non-EGUs subject to the
NOX SIP Call. EPA conditionally approved the August 11,
2021, SIP revision in an action published in the Federal Register on
March 8, 2023. If Tennessee fails to meet its commitment by March 8,
2024, the conditional approval will become a disapproval on March 8,
2024.
0
3. In Sec. 52.2220, add an entry for ``Eastman Chemical Company'' at
the end of the table in paragraph (d) to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Tennessee Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Eastman Chemical Company....... 077509 8/11/2021 3/8/2023, [Insert Conditional approval based
citation of on TDEC's commitment to
publication]. modify the provisions at
Chapter 1200-03-27.12(11)
to specify allowable non-
Part 75 permissible
alternative monitoring and
reporting methodologies
for large industrial non-
EGUs subject to the NOX
SIP Call.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-04504 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P
