Air Plan Approval; Shelby County, Tennessee; Revisions to Startup, Shutdown, and Malfunction Rules, 91572-91574 [2024-26928]
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91572
Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0361; FRL–12238–
02–R4]
Air Plan Approval; Shelby County,
Tennessee; Revisions to Startup,
Shutdown, and Malfunction Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a State Implementation Plan (SIP)
revision submitted by the Tennessee
Department of Environment and
Conservation (TDEC) on behalf of
Shelby County Health Department
(SCHD) Pollution Control Section on
March 2, 2022. This revision was
submitted in response to a finding of
substantial inadequacy and SIP call
published on June 12, 2015, concerning
excess emissions during startup,
shutdown, and malfunction (SSM)
events. The revision contains amended
air codes of Shelby County and the
following municipalities within Shelby
County: Town of Arlington, City of
Bartlett, Town of Collierville, City of
Germantown, City of Lakeland, City of
Memphis, and Town of Millington
(referred to hereinafter as the ‘‘included
municipalities’’). EPA is also approving
the SIP revision’s other changes to the
affected Chapter, which are unrelated to
the SIP call but of which Shelby County
and the included municipalities are also
requesting incorporation into the Shelby
County portion of the Tennessee SIP.
EPA is approving the portions of the SIP
revision that correct certain deficiencies
identified in the June 12, 2015, SSM SIP
call and that are in accordance with the
requirements for SIP provisions under
the Clean Air Act (CAA or Act).
DATES: This rule is effective December
20, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R4–OAR–2023–
0361. 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
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SUMMARY:
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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
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 Permitting Section, 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) 562–9143. Ms. Bae can also be
reached via electronic mail at
bae.estelle@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 2, 2022, Tennessee
transmitted a SIP revision from SCHD 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
revisions to the Shelby County portion
of the Tennessee SIP.2 In a notice of
proposed rulemaking (NPRM) published
on September 12, 2024, EPA proposed
1 See
80 FR 33839 (June 12, 2015).
54 FR 25456 (June 15, 1989). EPA had
initially approved the City of Memphis Code into
the Tennessee SIP under ‘‘Memphis and Shelby
County.’’ See id. Included in ‘‘Memphis and Shelby
County’’ are Shelby County and the following
municipalities: Town of Arlington, City of Bartlett,
Town of Collierville, City of Germantown, City of
Lakeland, City of Memphis, and Town of
Millington. Shelby County Health Department’s Air
Pollution Control Branch recommends to the
aforementioned municipalities regulatory revisions,
which, with this approval adopts by Shelby County
and these included municipalities, which
implement and enforce the regulations within their
respective jurisdictions. As the air pollution control
regulations/ordinances adopted by those
jurisdictions are substantively identical, EPA had
selected just one to represent the SIP compilations
for Shelby County and the included municipalities:
the City of Memphis Air Code. Thus, the SIP-called
provision from the Shelby County portion of the
Tennessee SIP that was identified in the 2015 SSM
SIP Action was City of Memphis Air Code (although
it was referred to as ‘‘Shelby County Code’’) Section
16–87. For simplicity and brevity, since the
jurisdictions’ regulations/ordinances remain
substantively identical, EPA will continue to refer
to the City of Memphis Air Code throughout this
rulemaking action to represent the regulations/
ordinances of Shelby County and the included
municipalities.
2 See
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to approve the March 2, 2022, SIP
revision with certain exceptions.
Specifically, EPA proposed in the
NPRM to incorporate by reference, with
certain exceptions, revisions to the City
of Memphis Air Code Section 9–12–24,
locally effective on February 22, 2022,
which itself adopts by reference
Tennessee Air Pollution Control
Regulations (TAPCR) Chapter 1200–3–
20, titled ‘‘Limits on Emissions due to
Malfunctions, Startups, and
Shutdowns,’’ as effective on December
5, 2018, into City of Memphis Air Code
Section 9–12–24 (formerly Section 16–
87).3 4 5 SCHD has excluded certain parts
of the adoption by reference of TAPCR
Chapter 1200–3–20 from its request for
EPA approval of City of Memphis Air
Code Section 9–12–24 into the SIP.
Specifically, in the March 2, 2022, SIP
revision, SCHD requests that Section
1200–3–20–.06(5) not be incorporated
into the Shelby County portion of the
Tennessee SIP. In addition, on June 30,
2023, EPA received a request submitted
3 One of the intervening changes that EPA is
approving as part of this rulemaking action is
changing the relevant City of Memphis Air Code
reference in the SIP from Section 16–87 to Section
9–12–24. The title of this section remains
‘‘Malfunctions, Startups and Shutdowns.’’
4 EPA is finalizing the incorporation by
reference—with certain exceptions—into the Shelby
County portion of the Tennessee SIP, the City of
Memphis Air Code Section 9–12–24 (formerly
Section 16–87), locally effective on February 22,
2022, which adopts by reference the December 5,
2018, State-effective version of TAPCR Chapter
1200–3–20, ‘‘Limits on Emissions Due to
Malfunctions, Startups, and Shutdowns.’’ EPA is
also incorporating by reference the following
sections that contain substantively identical
changes: Shelby County—Section 3–9 (locally
effective on January 13, 2020); Town of Arlington—
Section 20–101 (locally effective on November 2,
2020); City of Bartlett—Section 20–101 (locally
effective on December 8, 2020); Town of
Collierville—Section 96.02 (locally effective on
November 23, 2020); City of Germantown—Section
9–21(24) (locally effective on July 12, 2021); City of
Lakeland—Section 20–101 (locally effective on
February 10, 2022); Town of Millington—Section
20–101 (locally effective on October 12, 2020). See
the cover letter of the SIP revision dated March 1,
2022, with the subject line ‘‘Request to Incorporate
Revisions into the Shelby County and Included
Municipalities Ordinance into the SIP for
Tennessee as Response to EPA’s SIP Call’’ in the
docket for this rulemaking action for evidence of
adoption into the air codes of Shelby County and
the included municipalities.
5 The State-effective dates for the rules within
TAPCR Chapter 1200–3–20 that were in effect on
December 5, 2018, are: 1200–3–20–.01, ‘‘Purpose’’—
September 26, 1994; 1200–3–20–.02, ‘‘Reasonable
Measures Required’’—November 11, 1997; 1200–3–
20–.04, ‘‘Logs and Reports’’—June 19, 2013; 1200–
3–20–.05, ‘‘Copies of Log Required’’—September
26, 1994; 1200–3–20–.06, ‘‘Report Required Upon
The Issuance of a Notice of Violation’’—November
16, 2016; 1200–3–20–.07, ‘‘Special Reports
Required’’—September 26, 1994; 1200–3–20–.08,
‘‘Rights Reserved’’—September 26, 1994; and 1200–
3–20–.09, ‘‘Additional Sources Covered’’—
September 26, 1994. 1200–3–20–.03 was withdrawn
from Shelby County’s submission. There were no
substantive changes to 1200–3–20–.05.
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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations
by TDEC, on behalf of SCHD, to
withdraw the portion of its submission
making changes to TAPCR Section
1200–3–20–.03, new TAPCR Section
1200–3–20–.06(1), and new TAPCR
Section 1200–3–20–.06(4), as submitted
in the March 2, 2022, SIP revision.6
EPA’s rationale for the approval is
explained in the September 12, 2024,
NPRM. See 89 FR 74165. Comments on
the September 12, 2024, NPRM were
due on or before October 3, 2024. EPA
did not receive any comments on the
September 12, 2024, NPRM.
II. Incorporation by Reference
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In this document, EPA is finalizing
regulatory text that includes
incorporation by reference.7 In
accordance with the requirements of 1
CFR 51.5, and as discussed in Section
I of this preamble, EPA is finalizing the
incorporation by reference, with certain
exceptions, of City of Memphis Air
Code Section 9–12–24 (formerly Section
16–87), locally effective on February 22,
2022, which itself adopts by reference
TAPCR Chapter 1200–3–20, as State
effective on December 5, 2018, with the
following exceptions: EPA is not
incorporating TAPCR Section 1200–3–
20–.03, 1200–3–20–.06(1), 1200–3–20–
.06(4), and 1200–.03–20–.06(5).8 These
revisions are intended, in part, to
conform Shelby County’s regulations
with the State of Tennessee’s SIPapproved regulations. EPA has made
and will continue to make these
materials generally available through
https://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
6 The June 30, 2023, letter from TDEC is included
in the docket for this action, as is SCHD’s June 29,
2023, letter regarding withdrawal of certain
provisions.
7 EPA’s approval of the changes to and
incorporation by reference of City of Memphis Air
Code Section 9–12–24 also includes the approval of
substantively identical changes to regulations/
ordinances submitted for Shelby County and the
other included municipalities and the incorporation
by reference of those impacted sections in these
jurisdictions. See footnote 4, above.
8 EPA is not incorporating by reference into the
Shelby County portion of the Tennessee SIP the
adoption by reference of TAPCR Section 1200–3–
20–.03, 1200–03–20–.06(1), 1200–3–20–.06(4), and
1200–03–20–.06(5).
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incorporated by reference in the next
update to the SIP compilation.9
III. Final Action
EPA is approving the portion of
Tennessee’s March 2, 2022, SIP revision
that makes changes to the Shelby
County portion of the Tennessee SIP
under City of Memphis Air Code
Section 9–12–24 (formerly Section 16–
87), which adopts by reference portions
of TAPCR Chapter 1200–3–20 as
effective on December 5, 2018.
Specifically, EPA is approving the
changes to the adoption by reference of
Section 1200–3–20–.01, ‘‘Purpose’’;
Section 1200–3–20–.02, ‘‘Reasonable
Measures Required’’; Section 1200–3–
20–.04, ‘‘Logs and Reports’’; Section
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);
Section 1200–3–20–.07, ‘‘Special
Reports Required,’’ renumbered from
1200–3–20–.08; and Section 1200–3–
20–.09, ‘‘Additional Source Covered,’’
renumbered from 1200–3–20–10. EPA is
also approving the addition of Section
1200–3–20–.08, ‘‘Rights Reserved.’’ EPA
is also approving the removal of Section
1200–3–20–.06, ‘‘Scheduled
Maintenance.’’
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 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.);
9 62
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FR 27968 (May 22, 1997).
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91573
• 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 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.’’
SCHD 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
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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations
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 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 January 21, 2025. 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.
Dated: November 12, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220(c), amend Table 2
under the heading ‘‘Division IV—
Emission Standards’’ by:
■ a. Adding ‘‘Section 9–12–24 Limits on
Emissions due to Malfunctions,
Startups, and Shutdowns’’ to be in
numerical order; and
■ b. Revising ‘‘Section 16–87 Limits on
Emissions due to Malfunctions,
Startups, and Shutdowns.’’
The addition and revision read as
follows:
■
§ 52.2220
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA APPROVED MEMPHIS-SHELBY COUNTY REGULATIONS
State citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Division IV Source
Section 9–12–24 ...............
Limits on Emissions due to Malfunctions, Startups & Shutdowns.
*
Section 16–87 ...................
*
*
Limits on Emissions due to Malfunctions, Startups & Shutdowns.
[FR Doc. 2024–26928 Filed 11–19–24; 8:45 am]
BILLING CODE 6560–50–P
2/22/22
8/14/89
Explanation
*
*
Emissions Standards
11/20/2024, [Insert first
page of Federal Register citation].
With the exception of TAPCR Section 1200–3–20–.03,
.06(1), (4) and (5). With the same exceptions,
EPA’s approval includes the corresponding sections
of the Air Pollution Control Regulations/Ordinances
for the remaining jurisdictions within Shelby County:
Shelby County—Section 3–9 (locally effective on
January 13, 2020); Town of Arlington—Section 20–
101 (locally effective on November 2, 2020); City of
Bartlett—Section 20–101 (locally effective on December 8, 2020); Town of Collierville—Section
96.02 (locally effective on November 23, 2020); City
of Germantown—Section 9–21(24) (locally effective
on July 12, 2021); City of Lakeland—Section 20–
101 (locally effective on February 10, 2022); and
Town of Millington—Section 20–101 (locally effective on October 12, 2020).
*
*
11/20/2024, [Insert first
page of Federal Register citation].
*
*
Only TAPCR Section 1200–3–20–.03 with a State effective date of March 21, 1979, and the first sentence of TAPCR Section 1200–3–20–.07(1) with a
State effective date of December 14, 1981.
ENVIRONMENTAL PROTECTION
AGENCY
ACTION:
Final action.
The Environmental Protection
Agency (EPA) is taking direct final
action on the authorization of changes
to Tennessee’s hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA), as amended.
These changes were outlined in a
December 8, 2023, application to the
EPA. We have determined that these
changes satisfy all requirements needed
for final authorization.
SUMMARY:
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40 CFR Part 271
[EPA–R04–RCRA–2024–0451; FRL–12278–
01–R4]
Tennessee: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91572-91574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26928]
[[Page 91572]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0361; FRL-12238-02-R4]
Air Plan Approval; Shelby County, Tennessee; Revisions to
Startup, Shutdown, and Malfunction Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
portion of a State Implementation Plan (SIP) revision submitted by the
Tennessee Department of Environment and Conservation (TDEC) on behalf
of Shelby County Health Department (SCHD) Pollution Control Section on
March 2, 2022. This revision was submitted in response to a finding of
substantial inadequacy and SIP call published on June 12, 2015,
concerning excess emissions during startup, shutdown, and malfunction
(SSM) events. The revision contains amended air codes of Shelby County
and the following municipalities within Shelby County: Town of
Arlington, City of Bartlett, Town of Collierville, City of Germantown,
City of Lakeland, City of Memphis, and Town of Millington (referred to
hereinafter as the ``included municipalities''). EPA is also approving
the SIP revision's other changes to the affected Chapter, which are
unrelated to the SIP call but of which Shelby County and the included
municipalities are also requesting incorporation into the Shelby County
portion of the Tennessee SIP. EPA is approving the portions of the SIP
revision that correct certain deficiencies identified in the June 12,
2015, SSM SIP call and that are in accordance with the requirements for
SIP provisions under the Clean Air Act (CAA or Act).
DATES: This rule is effective December 20, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R4-OAR-2023-0361. All documents in the docket
are listed on the regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that 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 Permitting Section,
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) 562-9143.
Ms. Bae can also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 2, 2022, Tennessee transmitted a SIP revision from SCHD 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 revisions to
the Shelby County portion of the Tennessee SIP.\2\ In a notice of
proposed rulemaking (NPRM) published on September 12, 2024, EPA
proposed to approve the March 2, 2022, SIP revision with certain
exceptions. Specifically, EPA proposed in the NPRM to incorporate by
reference, with certain exceptions, revisions to the City of Memphis
Air Code Section 9-12-24, locally effective on February 22, 2022, which
itself adopts by reference Tennessee Air Pollution Control Regulations
(TAPCR) Chapter 1200-3-20, titled ``Limits on Emissions due to
Malfunctions, Startups, and Shutdowns,'' as effective on December 5,
2018, into City of Memphis Air Code Section 9-12-24 (formerly Section
16-87).3 4 5 SCHD has excluded certain parts of the adoption
by reference of TAPCR Chapter 1200-3-20 from its request for EPA
approval of City of Memphis Air Code Section 9-12-24 into the SIP.
Specifically, in the March 2, 2022, SIP revision, SCHD requests that
Section 1200-3-20-.06(5) not be incorporated into the Shelby County
portion of the Tennessee SIP. In addition, on June 30, 2023, EPA
received a request submitted
[[Page 91573]]
by TDEC, on behalf of SCHD, to withdraw the portion of its submission
making changes to TAPCR Section 1200-3-20-.03, new TAPCR Section 1200-
3-20-.06(1), and new TAPCR Section 1200-3-20-.06(4), as submitted in
the March 2, 2022, SIP revision.\6\ EPA's rationale for the approval is
explained in the September 12, 2024, NPRM. See 89 FR 74165. Comments on
the September 12, 2024, NPRM were due on or before October 3, 2024. EPA
did not receive any comments on the September 12, 2024, NPRM.
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\1\ See 80 FR 33839 (June 12, 2015).
\2\ See 54 FR 25456 (June 15, 1989). EPA had initially approved
the City of Memphis Code into the Tennessee SIP under ``Memphis and
Shelby County.'' See id. Included in ``Memphis and Shelby County''
are Shelby County and the following municipalities: Town of
Arlington, City of Bartlett, Town of Collierville, City of
Germantown, City of Lakeland, City of Memphis, and Town of
Millington. Shelby County Health Department's Air Pollution Control
Branch recommends to the aforementioned municipalities regulatory
revisions, which, with this approval adopts by Shelby County and
these included municipalities, which implement and enforce the
regulations within their respective jurisdictions. As the air
pollution control regulations/ordinances adopted by those
jurisdictions are substantively identical, EPA had selected just one
to represent the SIP compilations for Shelby County and the included
municipalities: the City of Memphis Air Code. Thus, the SIP-called
provision from the Shelby County portion of the Tennessee SIP that
was identified in the 2015 SSM SIP Action was City of Memphis Air
Code (although it was referred to as ``Shelby County Code'') Section
16-87. For simplicity and brevity, since the jurisdictions'
regulations/ordinances remain substantively identical, EPA will
continue to refer to the City of Memphis Air Code throughout this
rulemaking action to represent the regulations/ordinances of Shelby
County and the included municipalities.
\3\ One of the intervening changes that EPA is approving as part
of this rulemaking action is changing the relevant City of Memphis
Air Code reference in the SIP from Section 16-87 to Section 9-12-24.
The title of this section remains ``Malfunctions, Startups and
Shutdowns.''
\4\ EPA is finalizing the incorporation by reference--with
certain exceptions--into the Shelby County portion of the Tennessee
SIP, the City of Memphis Air Code Section 9-12-24 (formerly Section
16-87), locally effective on February 22, 2022, which adopts by
reference the December 5, 2018, State-effective version of TAPCR
Chapter 1200-3-20, ``Limits on Emissions Due to Malfunctions,
Startups, and Shutdowns.'' EPA is also incorporating by reference
the following sections that contain substantively identical changes:
Shelby County--Section 3-9 (locally effective on January 13, 2020);
Town of Arlington--Section 20-101 (locally effective on November 2,
2020); City of Bartlett--Section 20-101 (locally effective on
December 8, 2020); Town of Collierville--Section 96.02 (locally
effective on November 23, 2020); City of Germantown--Section 9-
21(24) (locally effective on July 12, 2021); City of Lakeland--
Section 20-101 (locally effective on February 10, 2022); Town of
Millington--Section 20-101 (locally effective on October 12, 2020).
See the cover letter of the SIP revision dated March 1, 2022, with
the subject line ``Request to Incorporate Revisions into the Shelby
County and Included Municipalities Ordinance into the SIP for
Tennessee as Response to EPA's SIP Call'' in the docket for this
rulemaking action for evidence of adoption into the air codes of
Shelby County and the included municipalities.
\5\ The State-effective dates for the rules within TAPCR Chapter
1200-3-20 that were in effect on December 5, 2018, are: 1200-3-
20-.01, ``Purpose''--September 26, 1994; 1200-3-20-.02, ``Reasonable
Measures Required''--November 11, 1997; 1200-3-20-.04, ``Logs and
Reports''--June 19, 2013; 1200-3-20-.05, ``Copies of Log
Required''--September 26, 1994; 1200-3-20-.06, ``Report Required
Upon The Issuance of a Notice of Violation''--November 16, 2016;
1200-3-20-.07, ``Special Reports Required''--September 26, 1994;
1200-3-20-.08, ``Rights Reserved''--September 26, 1994; and 1200-3-
20-.09, ``Additional Sources Covered''--September 26, 1994. 1200-3-
20-.03 was withdrawn from Shelby County's submission. There were no
substantive changes to 1200-3-20-.05.
\6\ The June 30, 2023, letter from TDEC is included in the
docket for this action, as is SCHD's June 29, 2023, letter regarding
withdrawal of certain provisions.
---------------------------------------------------------------------------
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference.\7\ In accordance with the requirements of 1
CFR 51.5, and as discussed in Section I of this preamble, EPA is
finalizing the incorporation by reference, with certain exceptions, of
City of Memphis Air Code Section 9-12-24 (formerly Section 16-87),
locally effective on February 22, 2022, which itself adopts by
reference TAPCR Chapter 1200-3-20, as State effective on December 5,
2018, with the following exceptions: EPA is not incorporating TAPCR
Section 1200-3-20-.03, 1200-3-20-.06(1), 1200-3-20-.06(4), and
1200-.03-20-.06(5).\8\ These revisions are intended, in part, to
conform Shelby County's regulations with the State of Tennessee's SIP-
approved regulations. EPA has made and will continue to make these
materials generally available through https://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.\9\
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\7\ EPA's approval of the changes to and incorporation by
reference of City of Memphis Air Code Section 9-12-24 also includes
the approval of substantively identical changes to regulations/
ordinances submitted for Shelby County and the other included
municipalities and the incorporation by reference of those impacted
sections in these jurisdictions. See footnote 4, above.
\8\ EPA is not incorporating by reference into the Shelby County
portion of the Tennessee SIP the adoption by reference of TAPCR
Section 1200-3-20-.03, 1200-03-20-.06(1), 1200-3-20-.06(4), and
1200-03-20-.06(5).
\9\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the portion of Tennessee's March 2, 2022, SIP
revision that makes changes to the Shelby County portion of the
Tennessee SIP under City of Memphis Air Code Section 9-12-24 (formerly
Section 16-87), which adopts by reference portions of TAPCR Chapter
1200-3-20 as effective on December 5, 2018. Specifically, EPA is
approving the changes to the adoption by reference of Section 1200-3-
20-.01, ``Purpose''; Section 1200-3-20-.02, ``Reasonable Measures
Required''; Section 1200-3-20-.04, ``Logs and Reports''; Section 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); Section 1200-3-20-.07, ``Special
Reports Required,'' renumbered from 1200-3-20-.08; and Section 1200-3-
20-.09, ``Additional Source Covered,'' renumbered from 1200-3-20-10.
EPA is also approving the addition of Section 1200-3-20-.08, ``Rights
Reserved.'' EPA is also approving the removal of Section 1200-3-20-.06,
``Scheduled Maintenance.''
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
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 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 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.''
SCHD 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
[[Page 91574]]
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
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 January 21, 2025. 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.
Dated: November 12, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220(c), amend Table 2 under the heading ``Division IV--
Emission Standards'' by:
0
a. Adding ``Section 9-12-24 Limits on Emissions due to Malfunctions,
Startups, and Shutdowns'' to be in numerical order; and
0
b. Revising ``Section 16-87 Limits on Emissions due to Malfunctions,
Startups, and Shutdowns.''
The addition and revision read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(c) * * *
Table 2--EPA Approved Memphis-Shelby County Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Division IV Source Emissions Standards
----------------------------------------------------------------------------------------------------------------
Section 9-12-24.................. Limits on Emissions 2/22/22 11/20/2024, [Insert With the exception
due to first page of of TAPCR Section
Malfunctions, Federal Register 1200-3-20-.03,
Startups & citation]. .06(1), (4) and
Shutdowns. (5). With the same
exceptions, EPA's
approval includes
the corresponding
sections of the
Air Pollution
Control
Regulations/
Ordinances for the
remaining
jurisdictions
within Shelby
County: Shelby
County--Section 3-
9 (locally
effective on
January 13, 2020);
Town of Arlington--
Section 20-101
(locally effective
on November 2,
2020); City of
Bartlett--Section
20-101 (locally
effective on
December 8, 2020);
Town of
Collierville--Sect
ion 96.02 (locally
effective on
November 23,
2020); City of
Germantown--Sectio
n 9-21(24)
(locally effective
on July 12, 2021);
City of Lakeland--
Section 20-101
(locally effective
on February 10,
2022); and Town of
Millington--Sectio
n 20-101 (locally
effective on
October 12, 2020).
* * * * * * *
Section 16-87.................... Limits on Emissions 8/14/89 11/20/2024, [Insert Only TAPCR Section
due to first page of 1200-3-20-.03 with
Malfunctions, Federal Register a State effective
Startups & citation]. date of March 21,
Shutdowns. 1979, and the
first sentence of
TAPCR Section 1200-
3-20-.07(1) with a
State effective
date of December
14, 1981.
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[FR Doc. 2024-26928 Filed 11-19-24; 8:45 am]
BILLING CODE 6560-50-P
