Air Plan Approval; Tennessee; Revisions to the Continuous Opacity Monitoring System Requirements, 15098-15101 [2024-04362]
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Proposed Rules
is approvable because it is consistent
with EPA requirements for major
sources as described in EPA’ October
18, 2016 rule.3Additionally, because
this SIP revision addresses procedural
requirements and not emissions or
emissions increases, the submittal is
approvable because it will not cause or
contribute to a violation of any National
Ambient Air Quality Standard
(NAAQS), nor will it interfere with any
applicable requirement concerning
attainment or any other applicable CAA
requirement, in accordance with CAA
section 110(l).
III. Proposed Action
EPA is proposing to approve the
Delaware SIP revision to subsections
12.3.2 and 12.4.2 of 7 DE Admin Code
1102, Permits, which was submitted on
November 10, 2022. EPA is soliciting
public comments on the proposed
rulemaking for the next 30 days.
Relevant comments will be considered
before taking the final action.
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IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the amendments to subsections 12.3.2
and 12.4.2 of DE 1102, as discussed in
section I and II of this document. EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and at the
EPA Region III Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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
CAA and applicable Federal regulations.
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. Accordingly, 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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
3 See
81 FR 71613.
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• 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.
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 (E.J.) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
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.’’
DNREC did not evaluate
environmental justice 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 E.J.
analysis and did not consider E.J. in this
proposed rulemaking. Due to the nature
of the proposed action being taken here,
where EPA is approving revisions of the
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state regulations to be consistent with
notice and comment provisions
previously established by EPA, this
proposed rulemaking is expected to
have a neutral to positive impact on the
air quality of the affected area.
In addition, this proposed rule,
regarding Delaware’s amendments to 7
DE Admin. Code 1102, does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2024–04366 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0458; FRL–11759–
01–R4]
Air Plan Approval; Tennessee;
Revisions to the Continuous Opacity
Monitoring System Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Tennessee through the Department of
Environment and Conservation (TDEC),
Division of Air Pollution Control, via a
letter dated September 28, 2022. The
SIP revision seeks to modify the State’s
required monitoring standards by
adding exemptions to opacity
monitoring requirements. EPA is
proposing this action pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before April 1, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0458 at regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
SUMMARY:
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from Regulations.gov. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Faith Goddard, Multi-Air Pollutant
Coordination Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303–8960.
The telephone number is (404) 562–
8757. Ms. Goddard can also be reached
via electronic mail at Goddard.Faith@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve a SIP
revision submitted by Tennessee via a
letter dated September 28, 2022,1
seeking to revise chapter 1200–3–10,
Required Sampling, Recording, and
Reporting, of the Tennessee SIP. These
changes seek to modify the State’s
required monitoring standards.
Specifically, the submission includes
changes to add exemptions to opacity
monitoring requirements at paragraph
(1)(b)1. of Tennessee Rule 1200–3–10–
.02, Monitoring of Source Emissions,
Recording, and Reporting of the Same
are Required. EPA is proposing to
approve Tennessee’s September 28,
2022, SIP revision because the State has
demonstrated that the changes to the
Rule will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171) or
any other applicable requirement of the
Act.2
1 EPA received the September 28, 2022, submittal
on October 3, 2022. For clarity, throughout this
notice EPA will refer to the October 3, 2022,
submission by its cover letter date of September 28,
2022.
2 See CAA section 110(l).
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II. Background
In accordance with 40 CFR 51.214,
each SIP must contain legally
enforceable procedures to provide
information as specified in appendix P
of 40 CFR part 51. Appendix P,
Minimum Emission Monitoring
Requirements requires, with certain
exceptions, each fossil fuel-fired steam
generator of greater than 250 million
British thermal units per hour (MMBtu/
hr) heat input and an annual average
capacity factor of greater than 30
percent, as reported to the Federal
Power Commission for calendar year
1974, or as otherwise demonstrated to
the State by the owner or operator, to
install, calibrate, maintain, and operate
a continuous monitoring system for the
measurement of opacity (COMS).
Section 3.9 of appendix P, however,
allows States to utilize different, but
equivalent, procedures and
requirements for continuous monitoring
systems, provided the SIP includes a
description of such alternative
procedures for approval by EPA.
Tennessee Rule 1200–3–10–.02(1)(b)
establishes requirements for testing,
monitoring, and record keeping for
certain categories of air pollution
sources. Subparagraph (i) of paragraph
(1)(b)1. applies to existing fossil fuelfired steam generators with an annual
average capacity factor of greater than
30 percent, as reported to the Federal
Power Commission for calendar year
1974, or as otherwise demonstrated to
the Technical Secretary by the owner or
operator.3 The existing rule requires
owners or operators of these fossil fuelfired steam generators with a heat input
of 250 MMBtu/hr or greater to install,
calibrate, maintain, and operate a
COMS, except when only gaseous fuel
is burned. Additionally, sources may be
exempted from this requirement when
oil or a mixture of gas and oil are the
only fuels burned and the source can
comply with applicable particulate
matter (PM) and opacity regulations
without the use of PM control
equipment and has not been found to be
in violation of any applicable visible
emission standard requirement. These
provisions are consistent with section
2.1.1 of 40 CFR part 51, appendix P.
Tennessee’s September 28, 2022, SIP
revision revises requirements of Rule
1200–3–10–.02(1)(b)1. to provide a third
alternative for fossil fuel-fired steam
generators to be exempted from the
COMS requirement. The SIP revision is
based on an approach to opacity
3 The monitoring requirements of Rule 1200–3–
10–.02(1)(b) do not apply to new sources that are
subject to new source performance standards under
chapter 1200–3–16. See 1200–3–10–.02(1)(b)2.
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monitoring in EPA’s New Source
Performance Standards (NSPS) for
steam generating units, at 40 CFR part
60, subparts D and Da, and National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for steam
generating units, at 40 CFR part 63,
subpart UUUUU. In amendments to the
NSPS for steam generating units, EPA
eliminated the opacity standard for
certain facilities voluntarily using PM
continuous emission monitoring
systems (CEMS), provided that those
facilities comply with a federally
enforceable PM limit of 0.030 lb/MMBtu
or less.4 In addition, subparts D and Da
of 40 CFR part 60 eliminate the COMS
requirement for affected facilities using
continuous parametric monitoring
systems (CPMS) for PM according to the
requirements specified in subpart
UUUUU of 40 CFR part 63, which
establishes requirements for using PM
CEMS and PM CPMS to demonstrate
compliance with applicable PM
emission limits.5
III. Analysis of Tennessee’s September
28, 2022, SIP Revision
The changes to Rule 1200–3–10–
.02(1)(b) include the removal of a
reference to Tennessee Rule 1200–3–16–
.02 for the definition of fossil fuel-fired
steam generators, because this Rule is
not in the SIP and does not include a
definition for fossil fuel-fired steam
generators.6 Tennessee has added a
statement at the end of subparagraph (i)
of part (1)(b)1. to define a ‘‘fossil fuelfired steam generator’’ as ‘‘a furnace or
boiler used in the process of burning
fossil fuel for the purpose of producing
steam by heat transfer.’’ EPA notes that
this definition of fossil fuel-fired steam
generator matches verbatim the NSPS
definition of Fossil-fuel-fired steam
generating unit at 40 CFR part 60,
subpart D.7 Therefore, EPA is proposing
to find that this definition for fossil-fuelfired steam generating unit is
appropriate.
As noted above, Regulation 1200–3–
10–.02(1)(b)1., as revised, includes a
third alternative for the subject fossil
fuel-fired steam generators to be
exempted from the COMS requirement.
New subparagraph III of paragraph
(1)(b)1.(i)(I) provides that sources are
exempt from the COMS requirement if
the owner or operator installs, certifies,
4 See 74 FR 5072, 5073–5074 (January 28, 2009),
and 40 CFR 60.42(c) and 60.42Da(a) and (b)(1).
5 See 40 CFR 60.45(b)(8); 40 CFR 60.49Da(a)(4)(ii).
6 The SIP revision states that Regulation 1200–3–
16 is in the process of being repealed at the state
level. The repeal was announced in a notice to the
public by TDEC on May 2, 2023.
7 See 40 CFR 60.41 ‘‘Fossil-fuel-fired steam
generating unit.’’
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operates, and maintains a PM CEMS or
CPMS for PM according to the
requirements of 40 CFR part 63, subpart
UUUUU, and such PM CEMS or CPMS
is subject to and complies with the
relevant filterable PM standards,8
monitoring requirements,9 and work
practice standards 10 of subpart
UUUUU. Lastly, subparagraph IV is
added to paragraph (1)(b)1.(i)(I) to adopt
and incorporate the relevant standards
of subpart UUUUU by reference. These
revisions are consistent with EPA’s
conclusions, as discussed in Section II
of this preamble, that steam generating
units complying with a federally
enforceable PM limit of 0.030 lb/MMBtu
or less 11 will operate with little or no
visible emissions and that the use of a
CEMS or CPMS for PM, at this level of
the PM emissions, is sufficient to
demonstrate compliance with
applicable SIP opacity standards.12 EPA
also notes that any applicable opacity
standards in the SIP remain applicable
and may be enforced with visible
emissions methods under SIP-approved
Rule 1200–3–5–.03.13
According to Tennessee’s September
28, 2022, SIP submittal, several existing
facilities in Tennessee are required to
comply with Rule 1200–3–10–
.02(1)(b)1., but only three coal-fired
fossil fuel plants, operated by the
Tennessee Valley Authority (TVA), are
subject to 40 CFR part 63, subpart
UUUUU and therefore impacted by this
Rule revision. Specifically, the changes
to the regulation impact boiler numbers
1 through 9 at the Kingston facility,
boiler numbers 1 through 4 at the
Gallatin facility, and boiler numbers 1
and 2 at the Cumberland facility.14
These facilities would be able to opt for
the new alternative exemption from the
COMS requirement based on
compliance with continuous PM
monitoring requirements.
Section 110(l) of the CAA requires
that a revision to the SIP not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (as defined in section
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8 See
40 CFR 63.9991(a)(1) and table 1 or table 2
of subpart UUUUU.
9 See 40 CFR 63.10010(h) or (i).
10 See 40 CFR 63.10007(a)(1) and table 3 of
subpart UUUUU.
11 Under subpart UUUUU, only existing
integrated gasification combined cycle (IGCC) units
are subject to a higher PM limit than 0.030 lb/
MMBtu (0.040 lb/MMBtu), and Tennessee has no
existing IGCC units. See Table 1 and table 2 of
subpart UUUUU.
12 See also footnotes 4 and 5.
13 The Tennessee requirements for visible
emissions exist at 1200–3–5–.03 in the Tennessee
SIP.
14 The SIP revision identifies boiler number 1 at
the TVA Bull Run facility, but that facility was shut
down at the end of 2023.
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171) or any other applicable
requirement of the Act. As discussed
above, using the new alternative
approach, COMS to measure opacity
would not be necessary for the subject
fossil fuel-fired boilers since compliance
with the PM mass emission limit and
the continuous monitoring of
compliance with that limit will render
opacity negligible. Therefore, EPA is
proposing to find that the proposed
change to allow certain sources to use
alternative monitoring procedures
satisfies CAA section 110(l).
IV. Incorporation by Reference
In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, and as
discussed in Sections I through III of
this preamble, EPA is proposing to
incorporate by reference TDEC
Regulation 1200–3–10–.02, ‘‘Monitoring
of Source Emissions, Recording, and
Reporting of the Same are Required,’’ 15
State effective August 31, 2022, which
revises exemptions to monitoring
requirements. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Proposed Action
For the reasons explained above, EPA
is proposing to approve Tennessee’s
September 28, 2022, SIP revision
seeking to amend air quality rules in the
Tennessee SIP. Specifically, EPA is
proposing to approve a revision to
1200–3–10–.02, ‘‘Monitoring of Source
Emissions, Recording, and Reporting of
the Same are Required,’’ in the
Tennessee SIP to allow for alternative
monitoring procedures for certain
sources because the revision is
consistent with the CAA.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
15 EPA is not proposing to incorporate the August
31, 2022, state effective version of 1200–3–10–
.02(1)(b)1.(i)(II); 1200–3–10–.02(1)(b)1.(i)(III); and
1200–3–10–.02(2)(b)2. into the SIP. The August 31,
2022, version of the Rule removes 1200–3–10–
.02(1)(b)1.(i)(II) and 1200–3–10–.02(1)(b)1.(i)(III)
due to an administrative error and contains
language changes to 1200–3–10–.02(2)(b)2. that are
not before EPA for approval into the SIP. If EPA
takes final action to approve the September 28,
2022, SIP revision, the Agency will update the SIP
table at 40 CFR 52.2220(c) to reflect these
exceptions.
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that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve State
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
State law. For that reason, this proposed
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• 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, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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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,
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 proposed
action. Due to the nature of the action
being proposed here, this proposed
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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation
byreference, Intergovernmental
relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 26, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–04362 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
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[EPA–HQ–OAR–2022–0491; FRL–9992–01–
OAR]
RIN 2060–AV81
EPA Method 320—Measurement of
Vapor Phase Organic and Inorganic
Emissions by Extractive Fourier
Transform Infrared (FTIR)
Spectroscopy
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Proposed rule.
This action proposes editorial
and technical revisions to the
Environmental Protection Agency’s
(EPA’s) Method 320 (Measurement of
Vapor Phase Organic and Inorganic
Emissions by Extractive Fourier
Transform Infrared (FTIR)
Spectroscopy). The proposed revisions
include updating the validation and
quality assurance (QA) spiking
procedures of the method to provide a
more performance-based approach with
specified acceptance criteria. The
proposed revisions will provide
flexibility to the stack testing
community while ensuring consistent
implementation and quality of the
measurement results across emissions
sources and facilities.
DATES: Comments. Comments must be
received on or before April 30, 2024.
Public Hearing. The EPA will hold a
virtual public hearing on March 29,
2024 if a request for a virtual public
hearing is received on or before March
8, 2024. Refer to the SUPPLEMENTARY
INFORMATION section for additional
information on the virtual public
hearing.
SUMMARY:
You may submit comments,
identified by Docket ID No. EPA–HQ–
OAR–2022–0491, by any of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov/ (our
preferred method). Follow the online
instructions for submitting comments.
• Email: a-and-r-docket@epa.gov.
Include Docket ID No. EPA–HQ–OAR–
2022–0491 in the subject line of the
message.
• Fax: (202) 566–9744. Attention
Docket ID No. EPA–HQ–OAR–2022–
0491.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Docket ID No. EPA–HQ–OAR–2022–
0491, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington,
DC 20460.
• Hand/Courier Delivery: EPA Docket
Center, WJC West Building, Room 3334,
1301 Constitution Avenue NW,
Washington, DC 20004. The Docket
Center’s hours of operation are 8:30
a.m.—4:30 p.m., Monday—Friday
(except Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
ADDRESSES:
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15101
‘‘Public Participation’’ heading of the
section of
this document.
FOR FURTHER INFORMATION CONTACT: Dr.
David Nash, Office of Air Quality
Planning and Standards, Air Quality
Assessment Division (E143–02),
Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–9425; fax
number: (919) 541–0516; email address:
nash.dave@epa.gov.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. Throughout this
document, the use of ‘‘we,’’ ‘‘us,’’ or
‘‘our’’ is intended to refer to the EPA.
We use multiple acronyms and terms in
this preamble. While this list may not be
exhaustive, to ease the reading of this
preamble and for reference purposes,
the EPA defines the following terms and
acronyms here:
SUPPLEMENTARY INFORMATION
ASTM American Society for Testing and
Materials
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CTS calibration transfer standard
EPA Environmental Protection Agency
FTIR Fourier Transform Infrared
FTP File Transfer Protocol
IR infrared
NAICS North American Industry
Classification System
NESHAP National Emissions Standards for
Hazardous Air Pollutants
NIST National Institute of Standards and
Technology
NSPS New Source Performance Standards
NTTAA National Technology Transfer and
Advancement Act
OAQPS Office of Air Quality Planning and
Standards OMB Office of Management and
Budget
PRA Paperwork Reduction Act
PTFE polytetrafluoroethane
QA quality assurance
RFA Regulatory Flexibility Act
SF6 sulfur hexafluoride
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act
VCS Voluntary Consensus Standard
WJC William Jefferson Clinton
mm micron
Organization of this document. The
information in this preamble is
organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
II. Public Participation
A. Written Comments
B. Participation in Virtual Public Hearing
III. Background
IV. Summary of Proposed Revisions to
Method 320
A. Section 1.0 (Introduction)
B. Section 2.0 (Summary of Method)
C. Section 3.0 (Definitions)
D. Section 4.0 (Interferences)
E:\FR\FM\01MRP1.SGM
01MRP1
Agencies
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Proposed Rules]
[Pages 15098-15101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04362]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0458; FRL-11759-01-R4]
Air Plan Approval; Tennessee; Revisions to the Continuous Opacity
Monitoring System Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Tennessee through the Department of Environment and
Conservation (TDEC), Division of Air Pollution Control, via a letter
dated September 28, 2022. The SIP revision seeks to modify the State's
required monitoring standards by adding exemptions to opacity
monitoring requirements. EPA is proposing this action pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on or before April 1, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0458 at regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed
[[Page 15099]]
from Regulations.gov. EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Faith Goddard, Multi-Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, GA 30303-8960. The telephone number is
(404) 562-8757. Ms. Goddard can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve a SIP revision submitted by Tennessee
via a letter dated September 28, 2022,\1\ seeking to revise chapter
1200-3-10, Required Sampling, Recording, and Reporting, of the
Tennessee SIP. These changes seek to modify the State's required
monitoring standards. Specifically, the submission includes changes to
add exemptions to opacity monitoring requirements at paragraph (1)(b)1.
of Tennessee Rule 1200-3-10-.02, Monitoring of Source Emissions,
Recording, and Reporting of the Same are Required. EPA is proposing to
approve Tennessee's September 28, 2022, SIP revision because the State
has demonstrated that the changes to the Rule will not interfere with
any applicable requirement concerning attainment and reasonable further
progress (as defined in section 171) or any other applicable
requirement of the Act.\2\
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\1\ EPA received the September 28, 2022, submittal on October 3,
2022. For clarity, throughout this notice EPA will refer to the
October 3, 2022, submission by its cover letter date of September
28, 2022.
\2\ See CAA section 110(l).
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II. Background
In accordance with 40 CFR 51.214, each SIP must contain legally
enforceable procedures to provide information as specified in appendix
P of 40 CFR part 51. Appendix P, Minimum Emission Monitoring
Requirements requires, with certain exceptions, each fossil fuel-fired
steam generator of greater than 250 million British thermal units per
hour (MMBtu/hr) heat input and an annual average capacity factor of
greater than 30 percent, as reported to the Federal Power Commission
for calendar year 1974, or as otherwise demonstrated to the State by
the owner or operator, to install, calibrate, maintain, and operate a
continuous monitoring system for the measurement of opacity (COMS).
Section 3.9 of appendix P, however, allows States to utilize different,
but equivalent, procedures and requirements for continuous monitoring
systems, provided the SIP includes a description of such alternative
procedures for approval by EPA.
Tennessee Rule 1200-3-10-.02(1)(b) establishes requirements for
testing, monitoring, and record keeping for certain categories of air
pollution sources. Subparagraph (i) of paragraph (1)(b)1. applies to
existing fossil fuel-fired steam generators with an annual average
capacity factor of greater than 30 percent, as reported to the Federal
Power Commission for calendar year 1974, or as otherwise demonstrated
to the Technical Secretary by the owner or operator.\3\ The existing
rule requires owners or operators of these fossil fuel-fired steam
generators with a heat input of 250 MMBtu/hr or greater to install,
calibrate, maintain, and operate a COMS, except when only gaseous fuel
is burned. Additionally, sources may be exempted from this requirement
when oil or a mixture of gas and oil are the only fuels burned and the
source can comply with applicable particulate matter (PM) and opacity
regulations without the use of PM control equipment and has not been
found to be in violation of any applicable visible emission standard
requirement. These provisions are consistent with section 2.1.1 of 40
CFR part 51, appendix P.
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\3\ The monitoring requirements of Rule 1200-3-10-.02(1)(b) do
not apply to new sources that are subject to new source performance
standards under chapter 1200-3-16. See 1200-3-10-.02(1)(b)2.
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Tennessee's September 28, 2022, SIP revision revises requirements
of Rule 1200-3-10-.02(1)(b)1. to provide a third alternative for fossil
fuel-fired steam generators to be exempted from the COMS requirement.
The SIP revision is based on an approach to opacity monitoring in EPA's
New Source Performance Standards (NSPS) for steam generating units, at
40 CFR part 60, subparts D and Da, and National Emission Standards for
Hazardous Air Pollutants (NESHAP) for steam generating units, at 40 CFR
part 63, subpart UUUUU. In amendments to the NSPS for steam generating
units, EPA eliminated the opacity standard for certain facilities
voluntarily using PM continuous emission monitoring systems (CEMS),
provided that those facilities comply with a federally enforceable PM
limit of 0.030 lb/MMBtu or less.\4\ In addition, subparts D and Da of
40 CFR part 60 eliminate the COMS requirement for affected facilities
using continuous parametric monitoring systems (CPMS) for PM according
to the requirements specified in subpart UUUUU of 40 CFR part 63, which
establishes requirements for using PM CEMS and PM CPMS to demonstrate
compliance with applicable PM emission limits.\5\
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\4\ See 74 FR 5072, 5073-5074 (January 28, 2009), and 40 CFR
60.42(c) and 60.42Da(a) and (b)(1).
\5\ See 40 CFR 60.45(b)(8); 40 CFR 60.49Da(a)(4)(ii).
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III. Analysis of Tennessee's September 28, 2022, SIP Revision
The changes to Rule 1200-3-10-.02(1)(b) include the removal of a
reference to Tennessee Rule 1200-3-16-.02 for the definition of fossil
fuel-fired steam generators, because this Rule is not in the SIP and
does not include a definition for fossil fuel-fired steam
generators.\6\ Tennessee has added a statement at the end of
subparagraph (i) of part (1)(b)1. to define a ``fossil fuel-fired steam
generator'' as ``a furnace or boiler used in the process of burning
fossil fuel for the purpose of producing steam by heat transfer.'' EPA
notes that this definition of fossil fuel-fired steam generator matches
verbatim the NSPS definition of Fossil-fuel-fired steam generating unit
at 40 CFR part 60, subpart D.\7\ Therefore, EPA is proposing to find
that this definition for fossil-fuel-fired steam generating unit is
appropriate.
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\6\ The SIP revision states that Regulation 1200-3-16 is in the
process of being repealed at the state level. The repeal was
announced in a notice to the public by TDEC on May 2, 2023.
\7\ See 40 CFR 60.41 ``Fossil-fuel-fired steam generating
unit.''
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As noted above, Regulation 1200-3-10-.02(1)(b)1., as revised,
includes a third alternative for the subject fossil fuel-fired steam
generators to be exempted from the COMS requirement. New subparagraph
III of paragraph (1)(b)1.(i)(I) provides that sources are exempt from
the COMS requirement if the owner or operator installs, certifies,
[[Page 15100]]
operates, and maintains a PM CEMS or CPMS for PM according to the
requirements of 40 CFR part 63, subpart UUUUU, and such PM CEMS or CPMS
is subject to and complies with the relevant filterable PM
standards,\8\ monitoring requirements,\9\ and work practice standards
\10\ of subpart UUUUU. Lastly, subparagraph IV is added to paragraph
(1)(b)1.(i)(I) to adopt and incorporate the relevant standards of
subpart UUUUU by reference. These revisions are consistent with EPA's
conclusions, as discussed in Section II of this preamble, that steam
generating units complying with a federally enforceable PM limit of
0.030 lb/MMBtu or less \11\ will operate with little or no visible
emissions and that the use of a CEMS or CPMS for PM, at this level of
the PM emissions, is sufficient to demonstrate compliance with
applicable SIP opacity standards.\12\ EPA also notes that any
applicable opacity standards in the SIP remain applicable and may be
enforced with visible emissions methods under SIP-approved Rule 1200-3-
5-.03.\13\
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\8\ See 40 CFR 63.9991(a)(1) and table 1 or table 2 of subpart
UUUUU.
\9\ See 40 CFR 63.10010(h) or (i).
\10\ See 40 CFR 63.10007(a)(1) and table 3 of subpart UUUUU.
\11\ Under subpart UUUUU, only existing integrated gasification
combined cycle (IGCC) units are subject to a higher PM limit than
0.030 lb/MMBtu (0.040 lb/MMBtu), and Tennessee has no existing IGCC
units. See Table 1 and table 2 of subpart UUUUU.
\12\ See also footnotes 4 and 5.
\13\ The Tennessee requirements for visible emissions exist at
1200-3-5-.03 in the Tennessee SIP.
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According to Tennessee's September 28, 2022, SIP submittal, several
existing facilities in Tennessee are required to comply with Rule 1200-
3-10-.02(1)(b)1., but only three coal-fired fossil fuel plants,
operated by the Tennessee Valley Authority (TVA), are subject to 40 CFR
part 63, subpart UUUUU and therefore impacted by this Rule revision.
Specifically, the changes to the regulation impact boiler numbers 1
through 9 at the Kingston facility, boiler numbers 1 through 4 at the
Gallatin facility, and boiler numbers 1 and 2 at the Cumberland
facility.\14\ These facilities would be able to opt for the new
alternative exemption from the COMS requirement based on compliance
with continuous PM monitoring requirements.
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\14\ The SIP revision identifies boiler number 1 at the TVA Bull
Run facility, but that facility was shut down at the end of 2023.
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Section 110(l) of the CAA requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (as defined in section 171) or any other
applicable requirement of the Act. As discussed above, using the new
alternative approach, COMS to measure opacity would not be necessary
for the subject fossil fuel-fired boilers since compliance with the PM
mass emission limit and the continuous monitoring of compliance with
that limit will render opacity negligible. Therefore, EPA is proposing
to find that the proposed change to allow certain sources to use
alternative monitoring procedures satisfies CAA section 110(l).
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Sections I through
III of this preamble, EPA is proposing to incorporate by reference TDEC
Regulation 1200-3-10-.02, ``Monitoring of Source Emissions, Recording,
and Reporting of the Same are Required,'' \15\ State effective August
31, 2022, which revises exemptions to monitoring requirements. 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).
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\15\ EPA is not proposing to incorporate the August 31, 2022,
state effective version of 1200-3-10-.02(1)(b)1.(i)(II); 1200-3-
10-.02(1)(b)1.(i)(III); and 1200-3-10-.02(2)(b)2. into the SIP. The
August 31, 2022, version of the Rule removes 1200-3-
10-.02(1)(b)1.(i)(II) and 1200-3-10-.02(1)(b)1.(i)(III) due to an
administrative error and contains language changes to 1200-3-
10-.02(2)(b)2. that are not before EPA for approval into the SIP. If
EPA takes final action to approve the September 28, 2022, SIP
revision, the Agency will update the SIP table at 40 CFR 52.2220(c)
to reflect these exceptions.
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V. Proposed Action
For the reasons explained above, EPA is proposing to approve
Tennessee's September 28, 2022, SIP revision seeking to amend air
quality rules in the Tennessee SIP. Specifically, EPA is proposing to
approve a revision to 1200-3-10-.02, ``Monitoring of Source Emissions,
Recording, and Reporting of the Same are Required,'' in the Tennessee
SIP to allow for alternative monitoring procedures for certain sources
because the revision is consistent with the CAA.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
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, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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
[[Page 15101]]
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, 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 proposed action. Due to the
nature of the action being proposed here, this proposed 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
proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation
byreference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 26, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-04362 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P