Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call Alternative Monitoring and Domtar Paper Company, LLC, 74847-74850 [2024-20668]
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
Name of source
Permit No.
EPA
approval date
Additional explanation/§ 52.2063 citation
*
*
9/13/2024, [INSERT Federal
Register CITATION].
*
*
For Source IDs 031 and 032: Combined
SO2 emission limit; CEMS monitoring;
definition of ‘‘24-hour block’’; Quarterly
emission reporting requirement; and reporting of hourly SO2 lbs/hr emission
averages.
For Source IDs 031 and 032: Combined
SO2 emission limit; CEMS monitoring;
definition of ‘‘3-hour block’’; Quarterly
emission reporting requirement; and reporting of hourly SO2 lbs/hr emission
averages.
For Source IDs 034 and 035: Combined
SO2 emission limit; CEMS monitoring;
definition of ‘‘operating day’’; reporting of
hourly SO2 lbs/hr emission rate; injection
of limestone during initial firing; and quarterly submission of ‘‘Hourly Injection Reports.’’
*
Keystone Generating Station.
*
*
Consent Order
Armstrong ...
and Agreement.
Conemaugh Generating Station.
Consent Order
Indiana ........
and Agreement.
08/15/23
9/13/2024, [INSERT Federal
Register CITATION].
Seward Generating Station.
Consent Order
Indiana ........
and Agreement.
08/17/23
9/13/2024, [INSERT Federal
Register CITATION].
*
*
*
(e) * * *
*
*
08/15/23
(1) * * *
State
submittal
date
Name of non-regulatory SIP revision
Applicable geographic area
*
*
Attainment Plan for the Indiana,
Pennsylvania Nonattainment Area
for the 2010 Sulfur Dioxide Primary National Ambient Air Quality
Standard.
*
*
Indiana County and portions of Armstrong County (Plumcreek Township, South Bend Township, and
Elderton Borough).
*
*
*
*
*
§ 52.2033
*
*
*
*
(g) EPA approves the Attainment Plan
for the Indiana, PA Nonattainment Area
for the 2010 Sulfur Dioxide National
Ambient Air Quality Standard
submitted by the Pennsylvania
Department of Environmental Protection
on October 12, 2023. EPA approves the
attainment demonstration and other
attainment plan elements, including
Reasonably Available Control
Technology (RACT)/Reasonably
Available Control Measures (RACM)
determination, Reasonable Further
Progress (RFP) requirements, and
contingency measures.
[FR Doc. 2024–20598 Filed 9–12–24; 8:45 am]
BILLING CODE 6560–50–P
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*
*
9/13/2024, [INSERT Federal ...........
Register CITATION] ........................
40 CFR Part 52
Control strategy: Sulfur oxides.
*
10/12/23
EPA
approval date
ENVIRONMENTAL PROTECTION
AGENCY
3. Amend § 52.2033 by adding
paragraph (g) to read as follows:
■
khammond on DSKJM1Z7X2PROD with RULES
State
effective
date
County
74847
[EPA–R04–OAR–2023–0277; FRL–12065–
02–R4]
Air Plan Approval; Tennessee;
Nitrogen Oxides SIP Call Alternative
Monitoring and Domtar Paper
Company, LLC
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
on June 26, 2023. The June 26, 2023, SIP
revision specifies monitoring,
recordkeeping, and reporting
requirements for large industrial nonelectricity generating units (EGUs)
subject to the nitrogen oxides (NOX) SIP
Call that are permissible as alternatives
SUMMARY:
PO 00000
Frm 00017
Fmt 4700
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Additional
explanation
*
52.2033(g).
to the monitoring, recordkeeping, and
reporting requirements of 40 CFR part
75. The SIP revision also establishes
source-specific alternative monitoring,
recordkeeping, and reporting
requirements under the NOX SIP Call for
Domtar Paper Company, LLC (Domtar).
DATES: This rule is effective October 15,
2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0277. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
E:\FR\FM\13SER1.SGM
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
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:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8994. Ms. LaRocca can also
be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
I. Background
On June 26, 2023, TDEC submitted a
SIP revision with changes to Tennessee
Air Pollution Control Regulation
(TAPCR) 1200–03–27–.12(11) (state
effective November 24, 2022) to specify
alternative NOX monitoring,
recordkeeping, and reporting
requirements for large industrial nonEGUs subject to the NOX SIP Call that
are permissible as alternatives to the
monitoring, recordkeeping, and
reporting requirements of 40 CFR part
75. The June 26, 2023, submittal also
requests that EPA approve into
Tennessee’s SIP Tennessee Air
Pollution Control Board operating
permit No. 079291 for Domtar, State
effective on January 12, 2022, to
establish alternative NOX monitoring,
recordkeeping, and reporting
requirements for the No. 2 Power Boiler
at this facility, as meeting the
requirements of 40 CFR 51.121(i). The
submission includes a demonstration
under Clean Air Act (CAA) section
110(l) intended to show that these
revisions would not interfere with any
applicable requirement concerning
attainment and reasonable further
progress or any other applicable
requirement of the CAA.
Through a notice of proposed
rulemaking (NPRM) published on July
16, 2024 (89 FR 57823), EPA proposed
to approve the changes to TAPCR 1200–
03–27–.12(11) and Tennessee Air
Pollution Control Board operating
permit No. 079291 for Domtar into
Tennessee’s SIP. Adopting TAPCR
1200–03–27–.12(11) into Tennessee’s
SIP also satisfies the condition in the
conditional approval actions for
Packaging Corporation of America (88
FR 8771; February 10, 2023) and
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15:42 Sep 12, 2024
Jkt 262001
Eastman Chemical Company (88 FR
14276; March 8, 2023) and EPA is
converting those conditional approvals
to full approvals through this final
action. The contents of TDEC’s
submission, EPA’s rationale for
approving the changes, and EPA’s
rationale for converting the conditional
approval actions for Packaging
Corporation of America and Eastman
Chemical Company to full approvals,
are described in more detail in the July
16, 2024, NPRM. Comments on the July
16, 2024, NPRM were due on or before
August 15, 2024. EPA did not receive
any comments, adverse or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of TAPCR
1200–03–27–.12(11), state effective on
November 24, 2022, into Tennessee’s
SIP. EPA is also incorporating by
reference Tennessee Air Pollution
Control Board operating permit No.
079291 for Domtar, state effective on
January 12, 2022, into Tennessee’s SIP.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region 4 Office (please
contact the person identified in the ‘‘For
Further Information Contact’’ section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
III. Final Action
EPA is approving the aforementioned
Tennessee SIP revision consisting of
changes to TAPCR 1200–03–27–.12(11)
(state effective on November 24, 2022)
and Tennessee Air Pollution Control
Board operating permit No. 079291 for
Domtar (state effective on January 12,
2022) into the SIP. EPA is also
converting the conditional approval
actions for Packaging Corporation of
America (88 FR 8771; February 10,
2023) and Eastman Chemical Company
(88 FR 14276; March 8, 2023) to full
approvals.
1 See
PO 00000
62 FR 27968 (May 22, 1997).
Frm 00018
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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.
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 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 rulemaking 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
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines 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 action.
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 environmental justice for
communities with EJ concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 12, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 6, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
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
§ 52.2219
■
2. Remove and reserve § 52.2219.
3. In § 52.2220:
a. In paragraph (c), amend Table 1
under ‘‘CHAPTER 1200–3–27
NITROGEN OXIDES’’ by revising the
entry for ‘‘Section 1200–3–27–.12’’; and
■ b. In paragraph (d), amend the table
by:
■ i. Revising the entries for ‘‘Packaging
Corporation of America—Counce Mill’’,
and ‘‘Eastman Chemical Company’’ at
the end of the table; and
■ ii. Adding an entry for ‘‘Domtar Paper
Company, LLC’’ at the end of the table.
The revisions and additions read as
follows:
■
■
§ 52.2220
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
[Removed and Reserved]
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State
citation
State
effective
date
Title/subject
*
*
EPA approval date
*
*
Chapter 1200–3–27
*
Section 1200–3–
27–.12.
*
NOX SIP Call Requirements
for Stationary Boilers and
Combustion Turbines.
*
*
*
12/12/2019
*
Explanation
*
*
*
Nitrogen Oxides
*
*
9/13/2024, [Insert first page of
Federal Register citation].
*
*
*
Except for 1200–3–27–.12(11), which has a
state effective date of November 24, 2022.
The remainder of 1200–3–27–.12 remains
in the SIP with a state effective date of
December 12, 2019.
*
*
*
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(d) * * *
Name of source
Permit No.
*
*
Packaging Corporation of America—
Counce Mill.
Eastman Chemical Company ............
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State
effective
date
*
078563
6/10/2021
077509
8/11/2021
PO 00000
Frm 00019
EPA approval date
Explanation
*
*
9/13/2024, [Insert first page of .........
Federal Register citation] ................
9/13/2024, [Insert first page of .........
Federal Register citation] ................
*
*
Converting February 10, 2023 conditional approval to full approval.
Converting March 8, 2023 conditional approval to full approval.
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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations
Name of source
Permit No.
Domtar Paper Company, LLC ...........
*
*
*
*
079291
State
effective
date
1/12/2022
EPA approval date
Explanation
9/13/2024, [Insert first page of .........
Federal Register citation] ................
*
[FR Doc. 2024–20668 Filed 9–12–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Rules and Regulations]
[Pages 74847-74850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20668]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0277; FRL-12065-02-R4]
Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call
Alternative Monitoring and Domtar Paper Company, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Tennessee,
through the Tennessee Department of Environment and Conservation
(TDEC), on June 26, 2023. The June 26, 2023, SIP revision specifies
monitoring, recordkeeping, and reporting requirements for large
industrial non-electricity generating units (EGUs) subject to the
nitrogen oxides (NOX) SIP Call that are permissible as
alternatives to the monitoring, recordkeeping, and reporting
requirements of 40 CFR part 75. The SIP revision also establishes
source-specific alternative monitoring, recordkeeping, and reporting
requirements under the NOX SIP Call for Domtar Paper
Company, LLC (Domtar).
DATES: This rule is effective October 15, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2023-0277. All documents in the docket
are listed on the regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation
[[Page 74848]]
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: Sarah LaRocca, Air Planning and
Implementation Branch, Air and Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-8994. Ms. LaRocca can
also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 26, 2023, TDEC submitted a SIP revision with changes to
Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-27-.12(11)
(state effective November 24, 2022) to specify alternative
NOX monitoring, recordkeeping, and reporting requirements
for large industrial non-EGUs subject to the NOX SIP Call
that are permissible as alternatives to the monitoring, recordkeeping,
and reporting requirements of 40 CFR part 75. The June 26, 2023,
submittal also requests that EPA approve into Tennessee's SIP Tennessee
Air Pollution Control Board operating permit No. 079291 for Domtar,
State effective on January 12, 2022, to establish alternative
NOX monitoring, recordkeeping, and reporting requirements
for the No. 2 Power Boiler at this facility, as meeting the
requirements of 40 CFR 51.121(i). The submission includes a
demonstration under Clean Air Act (CAA) section 110(l) intended to show
that these revisions would not interfere with any applicable
requirement concerning attainment and reasonable further progress or
any other applicable requirement of the CAA.
Through a notice of proposed rulemaking (NPRM) published on July
16, 2024 (89 FR 57823), EPA proposed to approve the changes to TAPCR
1200-03-27-.12(11) and Tennessee Air Pollution Control Board operating
permit No. 079291 for Domtar into Tennessee's SIP. Adopting TAPCR 1200-
03-27-.12(11) into Tennessee's SIP also satisfies the condition in the
conditional approval actions for Packaging Corporation of America (88
FR 8771; February 10, 2023) and Eastman Chemical Company (88 FR 14276;
March 8, 2023) and EPA is converting those conditional approvals to
full approvals through this final action. The contents of TDEC's
submission, EPA's rationale for approving the changes, and EPA's
rationale for converting the conditional approval actions for Packaging
Corporation of America and Eastman Chemical Company to full approvals,
are described in more detail in the July 16, 2024, NPRM. Comments on
the July 16, 2024, NPRM were due on or before August 15, 2024. EPA did
not receive any comments, adverse or otherwise.
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of TAPCR 1200-03-27-.12(11), state
effective on November 24, 2022, into Tennessee's SIP. EPA is also
incorporating by reference Tennessee Air Pollution Control Board
operating permit No. 079291 for Domtar, state effective on January 12,
2022, into Tennessee's SIP. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 Office (please contact the person identified in the
``For Further Information Contact'' section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving the aforementioned Tennessee SIP revision
consisting of changes to TAPCR 1200-03-27-.12(11) (state effective on
November 24, 2022) and Tennessee Air Pollution Control Board operating
permit No. 079291 for Domtar (state effective on January 12, 2022) into
the SIP. EPA is also converting the conditional approval actions for
Packaging Corporation of America (88 FR 8771; February 10, 2023) and
Eastman Chemical Company (88 FR 14276; March 8, 2023) to full
approvals.
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. 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 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 rulemaking 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
[[Page 74849]]
agencies to identify and address ``disproportionately high and adverse
human health or environmental effects'' of their actions on communities
with environmental justice (EJ) concerns to the greatest extent
practicable and permitted by law. EPA defines 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 action. 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
environmental justice for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 12, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: September 6, 2024.
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
Sec. 52.2219 [Removed and Reserved]
0
2. Remove and reserve Sec. 52.2219.
0
3. In Sec. 52.2220:
0
a. In paragraph (c), amend Table 1 under ``CHAPTER 1200-3-27 NITROGEN
OXIDES'' by revising the entry for ``Section 1200-3-27-.12''; and
0
b. In paragraph (d), amend the table by:
0
i. Revising the entries for ``Packaging Corporation of America--Counce
Mill'', and ``Eastman Chemical Company'' at the end of the table; and
0
ii. Adding an entry for ``Domtar Paper Company, LLC'' at the end of the
table.
The revisions and additions read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 1200-3-27 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 1200-3-27-.12............ NOX SIP Call 12/12/2019 9/13/2024, [Insert Except for 1200-3-27-
Requirements for first page of .12(11), which has
Stationary Boilers Federal Register a state effective
and Combustion citation]. date of November
Turbines. 24, 2022. The
remainder of 1200-3-
27-.12 remains in
the SIP with a
state effective
date of December
12, 2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d) * * *
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Packaging Corporation of America-- 078563 6/10/2021 9/13/2024, [Insert Converting February 10,
Counce Mill. first page of. 2023 conditional
Federal Register approval to full
citation]. approval.
Eastman Chemical Company............ 077509 8/11/2021 9/13/2024, [Insert Converting March 8,
first page of. 2023 conditional
Federal Register approval to full
citation]. approval.
[[Page 74850]]
Domtar Paper Company, LLC........... 079291 1/12/2022 9/13/2024, [Insert .......................
first page of.
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-20668 Filed 9-12-24; 8:45 am]
BILLING CODE 6560-50-P
