Air Plan Approval; Tennessee; Revisions to Startup, Shutdown, and Malfunction Rules, 41031-41035 [2023-13465]
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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R4–OAR–2022–0783; FRL–10523–02–
R4]
Air Plan Approval; Tennessee;
Revisions to Startup, Shutdown, and
Malfunction Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
a State Implementation Plan (SIP)
revision submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), on November 19,
2016, as supplemented on January 20,
2023, in response to a finding of
substantial inadequacy and SIP call
published on June 12, 2015, regarding
provisions in the Tennessee SIP related
to excess emissions during startup,
shutdown, and malfunction (SSM)
events. Tennessee’s January 20, 2023,
supplemental SIP revision includes
some additional changes related to the
2015 SIP call, plus other changes
unrelated to the SIP call, in the affected
chapter of Tennessee’s regulations.
DATES: This rule is effective July 24,
2023.
EPA has established a
docket for this action under Docket
Identification No. EPA–R4–OAR–2022–
0783. All documents in the docket are
listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air 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.
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SUPPLEMENTARY INFORMATION:
I. Background
SUMMARY:
ADDRESSES:
Estelle Bae, Air Permits 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. Ms. Bae can be
reached by telephone at (404) 562–9143
or via electronic mail at bae.estelle@
epa.gov.
On November 19, 2016, Tennessee
submitted a SIP revision in response to
the SIP call issued in the June 12, 2015,
action titled ‘‘State Implementation
Plans: Response to Petition for
Rulemaking; Restatement and Update of
EPA’s SSM Policy Applicable to SIPs;
Findings of Substantial Inadequacy; and
SIP Calls to Amend Provisions Applying
to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction’’
(‘‘2015 SSM SIP Action’’),1 and
requested approval of changes to
provisions in Chapter 1200–3–5
(‘‘Visible Emissions Regulations’’) and
Chapter 1200–3–20 (‘‘Limits On
Emissions Due To Malfunctions,
Startups, And Shutdowns’’). Regarding
the Chapter 1200–3–20 provisions, the
State requested approval of changes to
Rules 1200–3–20–.06(2), 1200–3–20–
.06(4), and 1200–3–20–.06(6) (which
have been renumbered from 1200–3–
20–.07(1) (in part) and 1200–3–20–
.07(3) in the current state code of
regulations) to address deficiencies that
EPA identified in the 2015 SSM Action
in SIP-approved Rules 1200–03–20–
.07(1) and 1200–03–20–.07(3).
Tennessee also requested changes to
Rule 1200–3–20–.06(6), which was not
part of the SIP call. On January 20, 2023,
Tennessee supplemented its 2016 SIP
submission to request removal of Rule
1200–3–20–.06, ‘‘Scheduled
Maintenance,’’ resulting in the
renumbering of Rules 1200–3–20–.07
through .10 to 1200–3–20–.06 through
.09 (i.e., .07 is renumbered to .06, and
so on), and other changes to Chapter
1200–3–20.2
On April 6, 2023, EPA proposed to act
on portions of Tennessee’s November
19, 2016, SIP revision, as supplemented
on January 20, 2023.3 In that notice of
proposed rulemaking (NPRM), EPA
proposed to determine that the SIP
revision partially corrects the
1 See
80 FR 33839 (June 12, 2015).
requested that Rule 1200–3–20–.03
and 1200–3–20–.06(5) not be incorporated into the
Tennessee SIP. See the document titled
‘‘Transmittal_Letter_SSM SIP Call Chapter 20
Supplemental’’ in the docket for this action.
3 See 88 FR 20443 (April 6, 2023).
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deficiencies with respect to Tennessee
that the Agency identified in the 2015
SSM SIP Action. Consequently, EPA
proposed to approve in part and
disapprove in part Tennessee’s
November 19, 2016, SIP revision, as
supplemented on January 20, 2023.4
The reasons for EPA’s proposed action
are stated in the April 6, 2023, NPRM
and will not be restated here. The public
comment period for EPA’s proposed
action ended on May 8, 2023. EPA
received one favorable comment on
April 20, 2023, and one set of comments
in a joint letter submitted by the Sierra
Club and the Environmental Integrity
Project (hereinafter collectively referred
to as the Commenter) on May 8, 2023,
which agreed in part and disagreed in
part with EPA’s proposed action. Both
sets of comments are available in the
docket for this action.
II. Response to Comments
The Commenter provided comments
both in support of and adverse to EPA’s
proposed action. EPA acknowledges the
comments expressing support for the
proposed action and will not address
them further. Instead, this section of the
final rulemaking notice will focus on
the comments that were adverse or that
warrant clarification. The responses to
these comments are below.
Comment 1: For Rule 1200–3–5–.02(1)
and Rule 1200–3–20–.06(1), the
Commenter acknowledges and supports
the rationale behind EPA’s proposed
disapproval of these provisions and
provides further commentary on why
Tennessee’s proposed additional
language in Rule 1200–3–5–.02(1) is
problematic. The Commenter states that
EPA must finalize the disapprovals and
issue a finding of failure to submit.
Response 1: EPA notes that at the time
the Agency issued the April 6, 2023,
NPRM, there was no basis for EPA to
issue a finding of failure to submit
regarding Rule 1200–3–5–.02(1) and
Rule 1200–3–20–.06(1). Pursuant to
Clean Air Act (CAA or Act) section
110(k)(1)(B), EPA must determine no
later than six months after the date by
which a state is required to submit a SIP
whether the state has made a
submission that meets the minimum
completeness criteria established
pursuant to CAA section 110(k)(1)(A)
and set forth at 40 CFR part 51,
appendix A. EPA refers to the
determination that a state has not
submitted a SIP submission that meets
2 Tennessee
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4 Tennessee has withdrawn the portions of its
submittal that EPA proposed to disapprove in the
April 6, 2023, NPRM. The withdrawal letter, dated
June 13, 2023, is included in the docket for this
action.
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the minimum completeness criteria as a
‘‘finding of failure to submit.’’
For the SIP call in the 2015 SSM
Action, SIP submissions were due by
November 22, 2016. With respect to the
SIP-called Rules 1200–3–5–.02(1) and
1200–3–20–.06(1) and (2),5 Tennessee
submitted a SIP revision on November
19, 2016, in response to EPA’s 2015
SSM SIP Action. Six months thereafter,
on May 19, 2017, Tennessee’s SIP
revision was deemed complete by
operation of law pursuant to CAA
section 110(k)(1)(B).
Where a state has submitted a
complete SIP revision, EPA must act on
it pursuant to CAA section 110(k)(2)–(4)
(e.g., approve the revision, disapprove
the revision, etc.). As noted by the
Commenter, EPA proposed to
disapprove the revisions to Rule 1200–
3–5–.02(1) and Rule 1200–3–20–.06(1).
If EPA had finalized the disapproval of
these provisions in this action, the
disapproval would have triggered an
obligation under CAA section 110(c)(1)
for EPA to promulgate a federal
implementation plan (FIP) within 24
months after the date of disapproval.
However, since the issuance of the April
6, 2023, NPRM, Tennessee has
withdrawn certain provisions addressed
therein, including Rules 1200–3–5–
.02(1) and 1200–3–20–.06(1), from
EPA’s consideration as a SIP revision.
The letter withdrawing these provisions
is provided in the docket for this final
rulemaking. Consequently, EPA is not
finalizing the proposed disapprovals for
Rule 1200–3–5–.02(1) and Rule 1200–3–
20–.06(1). Although the withdrawal of
these provisions from EPA’s
consideration is relevant to a
determination regarding a finding of
failure to submit for those provisions,
any such finding of failure to submit
would be considered in a separate
action. The comment requesting the
issuance of a finding of failure to submit
is not germane to the portions of the SIP
revision subject to this action because
they were not withdrawn.
Comment 2: The Commenter is
concerned that the revised language in
Rule 1200–3–20–.06(4) could be
interpreted to preclude the admissibility
of data by parties other than the
violating owner or operator, particularly
EPA or the public, where such data was
not provided to TDEC within the
required twenty days. The Commenter
also asserts that although the NPRM
states that the new term ‘‘potential
enforcement actions’’ in Rule 1200–3–
20–.06(4) refers to a state-only action, a
5 Rules 1200–3–20–.06(1) and (2), collectively,
were previously numbered as Rule 1200–3–20–
.06(1).
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state-only application is not
unambiguous in the plain language of
the rule. The Commenter goes on to
state that even if the rule is interpreted
to apply strictly to state enforcement of
emission limit exceedances, EPA should
require its removal because such
provisions of state-only enforcement
discretion are not appropriate for
inclusion in the SIP.
Response 2: Tennessee has withdrawn
Rule 1200–3–20–.06(4) from the SIP
revision. Thus, EPA is not finalizing its
proposed approval of Rule 1200–3–20–
.06(4).
Comment 3: The Commenter is
concerned that the addition of Rule
1200–3–20–.06(6) could be read to limit
enforcement even though EPA’s April 6,
2023, NPRM accurately states the fact
that ‘‘[a]ny excess emissions that would
violate an applicable SIP emission limit
are not allowed, regardless of whether
they can be proved to cause or
contribute to violations of any ambient
air quality standards, and regardless of
whether they occur during periods of
SSM.’’ 6 The Commenter expresses
particular concern that a court could
conclude that this provision precludes
EPA and the public from enforcing
against violations that occur during
SSM events if the excess emissions
cannot be proved to cause or contribute
to any violations of ambient air quality
standards. The Commenter states,
‘‘Accordingly, EPA should either
disapprove Rule 1200–3–20–.06(6) or
approve it conditioned on the following
clarification, so that it reads: ‘No
emission during periods of malfunction,
start-up, or shutdown that are in excess
of the standards in Division 1200–03 or
any permit issued thereto shall be
allowed.’ ’’
Response 3: EPA disagrees that Rule
1200–3–20–.06(6) could limit
enforcement. In accordance with the
2015 SSM SIP Action, EPA will not
approve SIP provisions that excuse
excess emissions during periods of
SSM, regardless of whether they can or
cannot be proven to cause or contribute
to any violations of ambient air quality
standards. EPA interprets the statement
in Rule 1200–3–20–.06(6) regarding
ambient air quality standards as only
emphasizing the impermissibility of
causing or contributing to violations of
the State’s ambient air quality standards
and the National Ambient Air Quality
6 Rule 1200–3–20–.06(6) states, ‘‘No emission
during periods of malfunction, start-up, or
shutdown that are in excess of the standards in
Division 1200–03 or any permit issued thereto shall
be allowed which can be proved to cause or
contribute to any violations of the Ambient Air
Quality Standards contained in Chapter 1200–03–
03 or the National Ambient Air Quality Standards.’’
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Standards. Therefore, EPA does not
agree that Rule 1200–3–20–.06(6),
although perhaps superfluous, must be
disapproved or that, alternatively, EPA
should approve Rule 1200–3–20–.06(6)
conditioned on the Commenter’s
clarification.
Comment 4: The Commenter asks that
EPA act on ‘‘its SIP calls to Shelby
County and Knox County, Tennessee
that were part of the 2015 SSM SIP
Call.’’ Specifically, the Commenter
refers to Shelby County Code § 16–87
and mentions that it ‘‘addresses
enforcement for excess emissions that
occur during malfunctions, startups,
and shutdowns by incorporating by
reference the state’s provisions in Tenn.
Comp. R. & Regs. 1200–3–20.’’ The
Commenter goes on to opine about the
provisions and its belief that these
provisions are inconsistent with the SIP
call and CAA. Finally, the Commenter
states that ‘‘EPA must take action to
address the failure of these local air
pollution control agencies to respond to
EPA’s SIP Call.’’
Response 4: First, EPA notes that
these comments are not within the
scope of EPA’s April 6, 2023, proposed
action. Nevertheless, EPA disagrees
with the assertion that neither Knox
County nor Shelby County responded to
EPA’s 2015 SIP Call. Tennessee has
responded to EPA’s 2015 SSM SIP
Action for both local air pollution
control agencies. In fact, on January 11,
2016, Knox County, through the State of
Tennessee, submitted a SIP revision that
corrected the deficiencies noted in
EPA’s 2015 SSM SIP Action. EPA
proposed approval of Tennessee’s
corrective SSM SIP for Knox County on
September 22, 2016.7 The Agency did
not receive any comments during the
public comment period, and EPA
finalized that action on December 16,
2016.8 Furthermore, on March 2, 2022,
Shelby County, through the State of
Tennessee, submitted a SIP revision in
response to the 2015 SSM SIP Call to
address the deficiencies that EPA
identified. EPA is currently evaluating
this SIP revision and is still within its
CAA section 110(k) statutory timeframe
to conduct this evaluation and process
this SIP revision (i.e., the deadline is
September 2, 2023, in this case).
Comment 5: The Commenter states
that EPA should take immediate steps to
promulgate a FIP within 24 months of
this final rulemaking, citing to the
portion of CAA section 110(c)(1) that
requires EPA to promulgate a FIP within
two years after it disapproves a SIP
submission in whole or in part.
7 See
8 See
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81 FR 91033.
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Response 5: EPA acknowledges this
comment and recognizes the Agency’s
statutory obligation to promulgate a FIP
within 24 months of a final disapproval
of a SIP submission unless the State
corrects the deficiency, and EPA
approves the plan or plan revision,
before EPA promulgates the FIP. This
comment is no longer within the scope
of EPA’s action because the proposed
disapproval related to a portion of the
submittal that was subsequently
withdrawn and because EPA is therefore
not finalizing the proposed disapproval
in this action.
III. Final Action
EPA is approving changes to Chapter
1200–3–20 of the Tennessee SIP, as
submitted on November 19, 2016, and
supplemented on January 20, 2023.
Specifically, EPA is approving the
changes to Rule 1200–3–20–.01,
‘‘Purpose’’; Rule 1200–3–20–.02,
‘‘Reasonable Measures Required’’; Rule
1200–3–20–.06, ‘‘Report Required Upon
the Issuance of Notice of Violation,’’
renumbered from 1200–3–20–.07,
except for 1200–3–20–.06(1), 1200–3–
20–.06(4), and 1200–3–20–.06(5); Rule
1200–3–20–.07, ‘‘Special Reports
Required,’’ renumbered from 1200–3–
20–.08; Rule 1200–3–20–.08, ‘‘Rights
Reserved,’’ renumbered from 1200–3–
20–.09; and Rule 1200–3–20–.09,
‘‘Additional Source Covered,’’
renumbered from 1200–3–20–.10. EPA
is also approving the removal of Rule
1200–3–20–.06, ‘‘Scheduled
Maintenance.’’
IV. Incorporation by Reference
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In this document, EPA is finalizing
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
finalizing the incorporation by reference
into the Tennessee SIP Rules 1200–3–
20–.01, ‘‘Purpose,’’ State effective on
September 26, 1994; 1200–3–20–.02,
‘‘Reasonable Measures Required,’’ State
effective on November 11, 1997; 9 1200–
3–20–.06, ‘‘Report Required Upon the
Issuance of a Notice of Violation,’’ State
effective on November 16, 2016, except
for 1200–3–20–.06(1), 1200–3–20–
.06(4), and 1200–3–20–.06(5); 10 11 1200–
9 The effective date of the change to Rule 1200–
3–20–.02, ‘‘Reasonable Measures Required,’’ is
September 26, 1994. However, for purposes of the
state effective date included at 40 CFR 52.570(c),
that change to Tennessee’s rule is captured and
superseded by changes which were state effective
on November 11, 1997, and which EPA previously
approved on April 7, 2017. See 82 FR 16927.
10 EPA is not incorporating into the Tennessee
SIP the following provisions of Rule 1200–03–20–
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3–20–.07, ‘‘Special Reports Required,’’
State effective on September 26, 1994; 12
1200–3–20–.08, ‘‘Rights Reserved,’’
State effective on September 26, 1994; 13
and 1200–3–20–.09, ‘‘Additional
Sources Covered,’’ State effective on
September 26, 1994.14 Also in this
document, EPA is finalizing the removal
of Rule 1200–3–20–.06, ‘‘Scheduled
Maintenance,’’ 15 which is incorporated
by reference in accordance with the
requirements of 1 CFR part 51. EPA has
made, and will continue to make the
State Implementation Plan generally
available through the EPA Region 4
Office (please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, the revised materials as
stated above 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 partial approval
and will be incorporated by reference in
the next update to the SIP
compilation.16
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
.06: 1200–03–20–.06(1), 1200–03–20–.06(4), and
1200–03–20–.06(5).
11 As explained in Section I, with the removal of
Rule 1200–3–20–.06, Rule 1200–3–20–.07 is being
renumbered to 1200–3–20–.06 in the SIP for those
provisions of Rule 1200–3–20–.06 (State effective
on November 16, 2016) that EPA is approving in
this action. Because EPA is not acting on Rules
1200–3–20–.06(1) and (4) (formerly part of 1200–3–
20–.07(1) and all of 1200–3–20–.07(3),
respectively), the corresponding portions of Rule
1200–3–20–.07 (which are the first sentence of
1200–3–20–.07(1) and the entirety of 1200–3–20–
.07(3)), State effective on March 21, 1979, are
retained in the Tennessee SIP.
12 As explained in Section I, with the removal of
1200–3–20–.06, 1200–3–20–.08 is being
renumbered to 1200–3–20–.07.
13 As explained in Section I, with the removal of
1200–3–20–.06, 1200–3–20–.09 is being
renumbered to 1200–3–20–.08.
14 As explained in Section I, with the removal of
1200–3–20–.06, 1200–3–20–.10 is being
renumbered to 1200–3–20–.09.
15 As explained in Section I, while 1200–3–20–
.06, ‘‘Scheduled Maintenance,’’ is being removed
from the SIP, other rules codified as 1200–3–20–.07
through .10 are being renumbered as 1200–3–20–.06
through .09.
16 See 62 FR 27968 (May 22, 1997).
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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); and
• 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.
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, this action 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.
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
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and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
TDEC did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of the action being taken
here, this action is expected to have a
neutral to positive impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving EJ for people of color, lowincome populations, and Indigenous
peoples.
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 August 22, 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, Carbon monoxide,
Incorporation by Reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Jeaneanne Gettle,
Acting 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, in paragraph (c), table
1 is amended under ‘‘Chapter 1200–3–
20 Limits on Emissions Due to
Malfunctions, Start-ups, and
Shutdowns’’ by:
■ a. Revising the entries for Section
1200–3–20–.01, Section 1200–3–20–.02,
Section 1200–3–20–.06, Section 1200–
3–20–.07, Section 1200–3–20–.08, and
Section 1200–3–20–.09; and
■ b. Removing the entry for Section
1200–3–20–.10.
The revisions read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State citation
*
*
CHAPTER 1200–3–20
*
9/26/1994
Section 1200–3–20–.02 ....
Reasonable Measures Required
11/11/1997
*
Section 1200–3–20–.06 ....
*
*
Report Required Upon the
Issuance of Notice of Violation.
Report Required Upon the
Issuance of Notice of Violation.
11/16/2016
3/21/1979
Special Reports Required ..........
9/26/1994
Section 1200–3–20–.08 ....
Rights Reserved ........................
9/26/1994
Section 1200–3–20–.09 ....
Additional Sources Covered ......
9/26/1994
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Explanation
*
*
*
LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START–UPS, AND SHUTDOWNS
*
*
Purpose ......................................
*
EPA approval date
*
*
Section 1200–3–20–.01 ....
Section 1200–3–20–.07 ....
lotter on DSK11XQN23PROD with RULES1
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effective
date
Title/subject
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6/23/2023, [Insert citation
of publication].
6/23/2023, [Insert citation
of publication].
*
*
6/23/2023, [Insert citation
of publication].
2/6/1980, 45 FR 8004 .......
Frm 00020
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*
*
Except for paragraphs (1), (4), and (5).
Except for the second and third sentences of paragraph (1) (‘‘The owner . . . 20 day period.’’) and
the entirety of paragraph (2).
6/23/2023, [Insert citation
of publication].
6/23/2023, [Insert citation
of publication].
6/23/2023, [Insert citation
of publication].
*
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Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Rules and Regulations
*
*
*
*
numbers: toll free at (800) 424–9346
(select menu option 3) or (703) 348–
5070 in the Washington, DC, Area and
International; or go to https://
www.epa.gov/home/epa-hotlines.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2023–13465 Filed 6–22–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 372
[EPA–HQ–OPPT–2023–0223; FRL 10781–
01–OCSPP]
RIN 2070–AL40
Implementing Statutory Addition of
Certain Per- and Polyfluoroalkyl
Substances (PFAS) to the Toxics
Release Inventory Beginning With
Reporting Year 2023
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the list of
chemicals subject to toxic chemical
release reporting under the Emergency
Planning and Community Right-toKnow Act (EPCRA) and the Pollution
Prevention Act (PPA). Specifically, this
action updates the regulations to
identify nine per- and polyfluoroalkyl
substances (PFAS) that must be reported
pursuant to the National Defense
Authorization Act for Fiscal Year 2020
(FY2020 NDAA) enacted on December
20, 2019. As this action is being taken
to conform the regulations to a
Congressional legislative mandate,
notice and comment rulemaking is
unnecessary.
SUMMARY:
This final rule is effective July
24, 2023.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2023–0223, is
available at https://
www.regulations.gov. Additional
instructions on visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets. For the latest
status information on EPA/DC services
and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Brian Ventura, Data Gathering and
Analysis Division (7406M), Office of
Pollution Prevention and Toxics,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–0897; email address:
ventura.brian@epa.gov.
For general information contact: The
Emergency Planning and Community
Right-to-Know Act Hotline; telephone
lotter on DSK11XQN23PROD with RULES1
DATES:
VerDate Sep<11>2014
15:55 Jun 22, 2023
Jkt 259001
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture, process,
or otherwise use any of the PFAS listed
in this rule. The following list of North
American Industry Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this action applies to them. Potentially
affected entities may include:
• Facilities included in the following
NAICS manufacturing codes
(corresponding to Standard Industrial
Classification (SIC) codes 20 through
39): 311*, 312*, 313*, 314*, 315*, 316,
321, 322, 323*, 324, 325*, 326*, 327*,
331, 332, 333, 334*, 335*, 336, 337*,
339*, 111998*, 113310, 211130*,
212323*, 212390*, 488390*, 512230*,
512250*, 5131*, 516210*, 519290*,
541713*, 541715* or 811490*.
*Exceptions and/or limitations exist for
these NAICS codes.
• Facilities included in the following
NAICS codes (corresponding to SIC
codes other than SIC codes 20 through
39): 211130* (corresponds to SIC code
1321, Natural Gas Liquids, and SIC
2819, Industrial Inorganic Chemicals,
Not Elsewhere Classified); or 212114,
212115, 212220, 212230, 212290*; or
2211*, 221210*, 221330 (limited to
facilities that combust coal and/or oil
for the purpose of generating power for
distribution in commerce) (corresponds
to SIC codes 4911, 4931, and 4939,
Electric Utilities); or 424690, 424710
(corresponds to SIC code 5171,
Petroleum Bulk Terminals and Plants);
425120 (limited to facilities previously
classified in SIC code 5169, Chemicals
and Allied Products, Not Elsewhere
Classified); or 562112 (limited to
facilities primarily engaged in solvent
recovery services on a contract or fee
basis (previously classified under SIC
code 7389, Business Services, NEC)); or
562211*, 562212*, 562213*, 562219*,
562920 (limited to facilities regulated
under the Resource Conservation and
Recovery Act, subtitle C, 42 U.S.C. 6921
et seq.) (corresponds to SIC code 4953,
Refuse Systems). *Exceptions and/or
limitations exist for these NAICS codes.
• Federal facilities.
A more detailed description of the
types of facilities covered by the NAICS
codes subject to reporting under EPCRA
section 313 can be found at: https://
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
41035
www.epa.gov/toxics-release-inventorytri-program/tri-covered-industry-sectors.
To determine whether your facility
would be affected by this action, you
should carefully examine the
applicability criteria in 40 CFR part 372,
subpart B. If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What action is the Agency taking?
EPA is codifying the nine additional
PFAS that were added to the EPCRA
section 313 list of reportable chemicals
(more commonly known as the Toxics
Release Inventory (TRI)) since the last
conforming rule pursuant to the FY2020
NDAA (87 FR 42651; July 18, 2022)
(FRL–9427–01–OCSPP)).
C. What is the Agency’s authority for
taking this action?
This action is issued under the
authority of section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (42 U.S.C.
11001 et seq.), section 6607 of the
Pollution Prevention Act (PPA) (42
U.S.C. 13106), and section 7321 of the
National Defense Authorization Act for
Fiscal Year 2020 (FY2020 NDAA) (Pub.
L. 116–92).
II. Background
A. What is NDAA section 7321?
On December 20, 2019, the FY2020
NDAA was signed into law. Among
other provisions, section 7321(c)
identifies certain regulatory activities
that automatically add PFAS or classes
of PFAS to the EPCRA section 313 list
of reportable chemicals. Specifically,
PFAS or classes of PFAS are added to
the EPCRA section 313 list of reportable
chemicals beginning January 1 of the
calendar year after any one of the
following dates:
• Final Toxicity Value. The date on
which the Administrator finalizes a
toxicity value for the PFAS or class of
PFAS;
• Significant New Use Rule. The date
on which the Administrator makes a
covered determination for the PFAS or
class of PFAS;
• Addition to Existing Significant
New Use Rule. The date on which the
PFAS or class of PFAS is added to a list
of substances covered by a covered
determination;
• Addition as an Active Chemical
Substance. The date on which the PFAS
or class of PFAS to which a covered
determination applies is:
(1) Added to the list published under
section 8(b)(1) of the Toxic Substances
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]]>Agencies
[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41031-41035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13465]
[[Page 41031]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R4-OAR-2022-0783; FRL-10523-02-R4]
Air Plan Approval; Tennessee; Revisions to Startup, Shutdown, and
Malfunction Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) revision submitted by the
State of Tennessee, through the Tennessee Department of Environment and
Conservation (TDEC), on November 19, 2016, as supplemented on January
20, 2023, in response to a finding of substantial inadequacy and SIP
call published on June 12, 2015, regarding provisions in the Tennessee
SIP related to excess emissions during startup, shutdown, and
malfunction (SSM) events. Tennessee's January 20, 2023, supplemental
SIP revision includes some additional changes related to the 2015 SIP
call, plus other changes unrelated to the SIP call, in the affected
chapter of Tennessee's regulations.
DATES: This rule is effective July 24, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R4-OAR-2022-0783. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air 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: Estelle Bae, Air Permits 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. Ms. Bae can be reached by telephone at
(404) 562-9143 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 19, 2016, Tennessee submitted a SIP revision in
response to the SIP call issued in the June 12, 2015, action titled
``State Implementation Plans: Response to Petition for Rulemaking;
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying
to Excess Emissions During Periods of Startup, Shutdown, and
Malfunction'' (``2015 SSM SIP Action''),\1\ and requested approval of
changes to provisions in Chapter 1200-3-5 (``Visible Emissions
Regulations'') and Chapter 1200-3-20 (``Limits On Emissions Due To
Malfunctions, Startups, And Shutdowns''). Regarding the Chapter 1200-3-
20 provisions, the State requested approval of changes to Rules 1200-3-
20-.06(2), 1200-3-20-.06(4), and 1200-3-20-.06(6) (which have been
renumbered from 1200-3-20-.07(1) (in part) and 1200-3-20-.07(3) in the
current state code of regulations) to address deficiencies that EPA
identified in the 2015 SSM Action in SIP-approved Rules 1200-03-
20-.07(1) and 1200-03-20-.07(3). Tennessee also requested changes to
Rule 1200-3-20-.06(6), which was not part of the SIP call. On January
20, 2023, Tennessee supplemented its 2016 SIP submission to request
removal of Rule 1200-3-20-.06, ``Scheduled Maintenance,'' resulting in
the renumbering of Rules 1200-3-20-.07 through .10 to 1200-3-20-.06
through .09 (i.e., .07 is renumbered to .06, and so on), and other
changes to Chapter 1200-3-20.\2\
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\1\ See 80 FR 33839 (June 12, 2015).
\2\ Tennessee requested that Rule 1200-3-20-.03 and 1200-3-
20-.06(5) not be incorporated into the Tennessee SIP. See the
document titled ``Transmittal_Letter_SSM SIP Call Chapter 20
Supplemental'' in the docket for this action.
---------------------------------------------------------------------------
On April 6, 2023, EPA proposed to act on portions of Tennessee's
November 19, 2016, SIP revision, as supplemented on January 20,
2023.\3\ In that notice of proposed rulemaking (NPRM), EPA proposed to
determine that the SIP revision partially corrects the deficiencies
with respect to Tennessee that the Agency identified in the 2015 SSM
SIP Action. Consequently, EPA proposed to approve in part and
disapprove in part Tennessee's November 19, 2016, SIP revision, as
supplemented on January 20, 2023.\4\ The reasons for EPA's proposed
action are stated in the April 6, 2023, NPRM and will not be restated
here. The public comment period for EPA's proposed action ended on May
8, 2023. EPA received one favorable comment on April 20, 2023, and one
set of comments in a joint letter submitted by the Sierra Club and the
Environmental Integrity Project (hereinafter collectively referred to
as the Commenter) on May 8, 2023, which agreed in part and disagreed in
part with EPA's proposed action. Both sets of comments are available in
the docket for this action.
---------------------------------------------------------------------------
\3\ See 88 FR 20443 (April 6, 2023).
\4\ Tennessee has withdrawn the portions of its submittal that
EPA proposed to disapprove in the April 6, 2023, NPRM. The
withdrawal letter, dated June 13, 2023, is included in the docket
for this action.
---------------------------------------------------------------------------
II. Response to Comments
The Commenter provided comments both in support of and adverse to
EPA's proposed action. EPA acknowledges the comments expressing support
for the proposed action and will not address them further. Instead,
this section of the final rulemaking notice will focus on the comments
that were adverse or that warrant clarification. The responses to these
comments are below.
Comment 1: For Rule 1200-3-5-.02(1) and Rule 1200-3-20-.06(1), the
Commenter acknowledges and supports the rationale behind EPA's proposed
disapproval of these provisions and provides further commentary on why
Tennessee's proposed additional language in Rule 1200-3-5-.02(1) is
problematic. The Commenter states that EPA must finalize the
disapprovals and issue a finding of failure to submit.
Response 1: EPA notes that at the time the Agency issued the April
6, 2023, NPRM, there was no basis for EPA to issue a finding of failure
to submit regarding Rule 1200-3-5-.02(1) and Rule 1200-3-20-.06(1).
Pursuant to Clean Air Act (CAA or Act) section 110(k)(1)(B), EPA must
determine no later than six months after the date by which a state is
required to submit a SIP whether the state has made a submission that
meets the minimum completeness criteria established pursuant to CAA
section 110(k)(1)(A) and set forth at 40 CFR part 51, appendix A. EPA
refers to the determination that a state has not submitted a SIP
submission that meets
[[Page 41032]]
the minimum completeness criteria as a ``finding of failure to
submit.''
For the SIP call in the 2015 SSM Action, SIP submissions were due
by November 22, 2016. With respect to the SIP-called Rules 1200-3-
5-.02(1) and 1200-3-20-.06(1) and (2),\5\ Tennessee submitted a SIP
revision on November 19, 2016, in response to EPA's 2015 SSM SIP
Action. Six months thereafter, on May 19, 2017, Tennessee's SIP
revision was deemed complete by operation of law pursuant to CAA
section 110(k)(1)(B).
---------------------------------------------------------------------------
\5\ Rules 1200-3-20-.06(1) and (2), collectively, were
previously numbered as Rule 1200-3-20-.06(1).
---------------------------------------------------------------------------
Where a state has submitted a complete SIP revision, EPA must act
on it pursuant to CAA section 110(k)(2)-(4) (e.g., approve the
revision, disapprove the revision, etc.). As noted by the Commenter,
EPA proposed to disapprove the revisions to Rule 1200-3-5-.02(1) and
Rule 1200-3-20-.06(1). If EPA had finalized the disapproval of these
provisions in this action, the disapproval would have triggered an
obligation under CAA section 110(c)(1) for EPA to promulgate a federal
implementation plan (FIP) within 24 months after the date of
disapproval. However, since the issuance of the April 6, 2023, NPRM,
Tennessee has withdrawn certain provisions addressed therein, including
Rules 1200-3-5-.02(1) and 1200-3-20-.06(1), from EPA's consideration as
a SIP revision. The letter withdrawing these provisions is provided in
the docket for this final rulemaking. Consequently, EPA is not
finalizing the proposed disapprovals for Rule 1200-3-5-.02(1) and Rule
1200-3-20-.06(1). Although the withdrawal of these provisions from
EPA's consideration is relevant to a determination regarding a finding
of failure to submit for those provisions, any such finding of failure
to submit would be considered in a separate action. The comment
requesting the issuance of a finding of failure to submit is not
germane to the portions of the SIP revision subject to this action
because they were not withdrawn.
Comment 2: The Commenter is concerned that the revised language in
Rule 1200-3-20-.06(4) could be interpreted to preclude the
admissibility of data by parties other than the violating owner or
operator, particularly EPA or the public, where such data was not
provided to TDEC within the required twenty days. The Commenter also
asserts that although the NPRM states that the new term ``potential
enforcement actions'' in Rule 1200-3-20-.06(4) refers to a state-only
action, a state-only application is not unambiguous in the plain
language of the rule. The Commenter goes on to state that even if the
rule is interpreted to apply strictly to state enforcement of emission
limit exceedances, EPA should require its removal because such
provisions of state-only enforcement discretion are not appropriate for
inclusion in the SIP.
Response 2: Tennessee has withdrawn Rule 1200-3-20-.06(4) from the
SIP revision. Thus, EPA is not finalizing its proposed approval of Rule
1200-3-20-.06(4).
Comment 3: The Commenter is concerned that the addition of Rule
1200-3-20-.06(6) could be read to limit enforcement even though EPA's
April 6, 2023, NPRM accurately states the fact that ``[a]ny excess
emissions that would violate an applicable SIP emission limit are not
allowed, regardless of whether they can be proved to cause or
contribute to violations of any ambient air quality standards, and
regardless of whether they occur during periods of SSM.'' \6\ The
Commenter expresses particular concern that a court could conclude that
this provision precludes EPA and the public from enforcing against
violations that occur during SSM events if the excess emissions cannot
be proved to cause or contribute to any violations of ambient air
quality standards. The Commenter states, ``Accordingly, EPA should
either disapprove Rule 1200-3-20-.06(6) or approve it conditioned on
the following clarification, so that it reads: `No emission during
periods of malfunction, start-up, or shutdown that are in excess of the
standards in Division 1200-03 or any permit issued thereto shall be
allowed.' ''
---------------------------------------------------------------------------
\6\ Rule 1200-3-20-.06(6) states, ``No emission during periods
of malfunction, start-up, or shutdown that are in excess of the
standards in Division 1200-03 or any permit issued thereto shall be
allowed which can be proved to cause or contribute to any violations
of the Ambient Air Quality Standards contained in Chapter 1200-03-03
or the National Ambient Air Quality Standards.''
---------------------------------------------------------------------------
Response 3: EPA disagrees that Rule 1200-3-20-.06(6) could limit
enforcement. In accordance with the 2015 SSM SIP Action, EPA will not
approve SIP provisions that excuse excess emissions during periods of
SSM, regardless of whether they can or cannot be proven to cause or
contribute to any violations of ambient air quality standards. EPA
interprets the statement in Rule 1200-3-20-.06(6) regarding ambient air
quality standards as only emphasizing the impermissibility of causing
or contributing to violations of the State's ambient air quality
standards and the National Ambient Air Quality Standards. Therefore,
EPA does not agree that Rule 1200-3-20-.06(6), although perhaps
superfluous, must be disapproved or that, alternatively, EPA should
approve Rule 1200-3-20-.06(6) conditioned on the Commenter's
clarification.
Comment 4: The Commenter asks that EPA act on ``its SIP calls to
Shelby County and Knox County, Tennessee that were part of the 2015 SSM
SIP Call.'' Specifically, the Commenter refers to Shelby County Code
Sec. 16-87 and mentions that it ``addresses enforcement for excess
emissions that occur during malfunctions, startups, and shutdowns by
incorporating by reference the state's provisions in Tenn. Comp. R. &
Regs. 1200-3-20.'' The Commenter goes on to opine about the provisions
and its belief that these provisions are inconsistent with the SIP call
and CAA. Finally, the Commenter states that ``EPA must take action to
address the failure of these local air pollution control agencies to
respond to EPA's SIP Call.''
Response 4: First, EPA notes that these comments are not within the
scope of EPA's April 6, 2023, proposed action. Nevertheless, EPA
disagrees with the assertion that neither Knox County nor Shelby County
responded to EPA's 2015 SIP Call. Tennessee has responded to EPA's 2015
SSM SIP Action for both local air pollution control agencies. In fact,
on January 11, 2016, Knox County, through the State of Tennessee,
submitted a SIP revision that corrected the deficiencies noted in EPA's
2015 SSM SIP Action. EPA proposed approval of Tennessee's corrective
SSM SIP for Knox County on September 22, 2016.\7\ The Agency did not
receive any comments during the public comment period, and EPA
finalized that action on December 16, 2016.\8\ Furthermore, on March 2,
2022, Shelby County, through the State of Tennessee, submitted a SIP
revision in response to the 2015 SSM SIP Call to address the
deficiencies that EPA identified. EPA is currently evaluating this SIP
revision and is still within its CAA section 110(k) statutory timeframe
to conduct this evaluation and process this SIP revision (i.e., the
deadline is September 2, 2023, in this case).
---------------------------------------------------------------------------
\7\ See 81 FR 65313.
\8\ See 81 FR 91033.
---------------------------------------------------------------------------
Comment 5: The Commenter states that EPA should take immediate
steps to promulgate a FIP within 24 months of this final rulemaking,
citing to the portion of CAA section 110(c)(1) that requires EPA to
promulgate a FIP within two years after it disapproves a SIP submission
in whole or in part.
[[Page 41033]]
Response 5: EPA acknowledges this comment and recognizes the
Agency's statutory obligation to promulgate a FIP within 24 months of a
final disapproval of a SIP submission unless the State corrects the
deficiency, and EPA approves the plan or plan revision, before EPA
promulgates the FIP. This comment is no longer within the scope of
EPA's action because the proposed disapproval related to a portion of
the submittal that was subsequently withdrawn and because EPA is
therefore not finalizing the proposed disapproval in this action.
III. Final Action
EPA is approving changes to Chapter 1200-3-20 of the Tennessee SIP,
as submitted on November 19, 2016, and supplemented on January 20,
2023. Specifically, EPA is approving the changes to Rule 1200-3-20-.01,
``Purpose''; Rule 1200-3-20-.02, ``Reasonable Measures Required''; Rule
1200-3-20-.06, ``Report Required Upon the Issuance of Notice of
Violation,'' renumbered from 1200-3-20-.07, except for 1200-3-
20-.06(1), 1200-3-20-.06(4), and 1200-3-20-.06(5); Rule 1200-3-20-.07,
``Special Reports Required,'' renumbered from 1200-3-20-.08; Rule 1200-
3-20-.08, ``Rights Reserved,'' renumbered from 1200-3-20-.09; and Rule
1200-3-20-.09, ``Additional Source Covered,'' renumbered from 1200-3-
20-.10. EPA is also approving the removal of Rule 1200-3-20-.06,
``Scheduled Maintenance.''
IV. Incorporation by Reference
In this document, EPA is finalizing 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 finalizing the incorporation by reference into the Tennessee SIP
Rules 1200-3-20-.01, ``Purpose,'' State effective on September 26,
1994; 1200-3-20-.02, ``Reasonable Measures Required,'' State effective
on November 11, 1997; \9\ 1200-3-20-.06, ``Report Required Upon the
Issuance of a Notice of Violation,'' State effective on November 16,
2016, except for 1200-3-20-.06(1), 1200-3-20-.06(4), and 1200-3-
20-.06(5); 10 11 1200-3-20-.07, ``Special Reports
Required,'' State effective on September 26, 1994; \12\ 1200-3-20-.08,
``Rights Reserved,'' State effective on September 26, 1994; \13\ and
1200-3-20-.09, ``Additional Sources Covered,'' State effective on
September 26, 1994.\14\ Also in this document, EPA is finalizing the
removal of Rule 1200-3-20-.06, ``Scheduled Maintenance,'' \15\ which is
incorporated by reference in accordance with the requirements of 1 CFR
part 51. EPA has made, and will continue to make the State
Implementation Plan generally available through the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore, the
revised materials as stated above 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
partial approval and will be incorporated by reference in the next
update to the SIP compilation.\16\
---------------------------------------------------------------------------
\9\ The effective date of the change to Rule 1200-3-20-.02,
``Reasonable Measures Required,'' is September 26, 1994. However,
for purposes of the state effective date included at 40 CFR
52.570(c), that change to Tennessee's rule is captured and
superseded by changes which were state effective on November 11,
1997, and which EPA previously approved on April 7, 2017. See 82 FR
16927.
\10\ EPA is not incorporating into the Tennessee SIP the
following provisions of Rule 1200-03-20-.06: 1200-03-20-.06(1),
1200-03-20-.06(4), and 1200-03-20-.06(5).
\11\ As explained in Section I, with the removal of Rule 1200-3-
20-.06, Rule 1200-3-20-.07 is being renumbered to 1200-3-20-.06 in
the SIP for those provisions of Rule 1200-3-20-.06 (State effective
on November 16, 2016) that EPA is approving in this action. Because
EPA is not acting on Rules 1200-3-20-.06(1) and (4) (formerly part
of 1200-3-20-.07(1) and all of 1200-3-20-.07(3), respectively), the
corresponding portions of Rule 1200-3-20-.07 (which are the first
sentence of 1200-3-20-.07(1) and the entirety of 1200-3-20-.07(3)),
State effective on March 21, 1979, are retained in the Tennessee
SIP.
\12\ As explained in Section I, with the removal of 1200-3-
20-.06, 1200-3-20-.08 is being renumbered to 1200-3-20-.07.
\13\ As explained in Section I, with the removal of 1200-3-
20-.06, 1200-3-20-.09 is being renumbered to 1200-3-20-.08.
\14\ As explained in Section I, with the removal of 1200-3-
20-.06, 1200-3-20-.10 is being renumbered to 1200-3-20-.09.
\15\ As explained in Section I, while 1200-3-20-.06, ``Scheduled
Maintenance,'' is being removed from the SIP, other rules codified
as 1200-3-20-.07 through .10 are being renumbered as 1200-3-20-.06
through .09.
\16\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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); and
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.
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, this action 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.
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation,
[[Page 41034]]
and enforcement of environmental laws, regulations, and policies.'' EPA
further defines the term fair treatment to mean that ``no group of
people should bear a disproportionate burden of environmental harms and
risks, including those resulting from the negative environmental
consequences of industrial, governmental, and commercial operations or
programs and policies.''
TDEC did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for people of color, low-income populations,
and Indigenous peoples.
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 August 22, 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, Carbon monoxide,
Incorporation by Reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Jeaneanne Gettle,
Acting 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, in paragraph (c), table 1 is amended under
``Chapter 1200-3-20 Limits on Emissions Due to Malfunctions, Start-ups,
and Shutdowns'' by:
0
a. Revising the entries for Section 1200-3-20-.01, Section 1200-3-
20-.02, Section 1200-3-20-.06, Section 1200-3-20-.07, Section 1200-3-
20-.08, and Section 1200-3-20-.09; and
0
b. Removing the entry for Section 1200-3-20-.10.
The revisions 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHAPTER 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 1200-3-20-.01............ Purpose............ 9/26/1994 6/23/2023, [Insert ...................
citation of
publication].
Section 1200-3-20-.02............ Reasonable Measures 11/11/1997 6/23/2023, [Insert ...................
Required. citation of
publication].
* * * * * * *
Section 1200-3-20-.06............ Report Required 11/16/2016 6/23/2023, [Insert Except for
Upon the Issuance citation of paragraphs (1),
of Notice of publication]. (4), and (5).
Violation.
Section 1200-3-20-.07............ Report Required 3/21/1979 2/6/1980, 45 FR Except for the
Upon the Issuance 8004. second and third
of Notice of sentences of
Violation. paragraph (1)
(``The owner . . .
20 day period.'')
and the entirety
of paragraph (2).
Special Reports 9/26/1994 6/23/2023, [Insert ...................
Required. citation of
publication].
Section 1200-3-20-.08............ Rights Reserved.... 9/26/1994 6/23/2023, [Insert ...................
citation of
publication].
Section 1200-3-20-.09............ Additional Sources 9/26/1994 6/23/2023, [Insert ...................
Covered. citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 41035]]
* * * * *
[FR Doc. 2023-13465 Filed 6-22-23; 8:45 am]
BILLING CODE 6560-50-P
