[Federal Register Volume 85, Number 110 (Monday, June 8, 2020)]
[Proposed Rules]
[Pages 35046-35048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0631; FRL-10010-11-Region 4]
Air Plan Approval; TN; Nitrogen Oxides SIP Call Plan
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 concerning nitrogen
oxides (NOX) emissions submitted by the State of Tennessee,
through the Tennessee Department of Environment and Conservation
(TDEC), through a letter dated December 19, 2019, which revises the
Tennessee Air Pollution Control Rule (TAPCR) titled ``NOX
SIP Call Requirements for Stationary Boilers and Combustion Turbines''
(TN 2017 NOX SIP Call Rule) to correct the definition of
``affected unit'' and to clarify requirements related to stationary
boilers and combustion turbines. EPA is also proposing to convert the
conditional approval of the TN 2017 NOX SIP Call Rule to a
full approval.
DATES: Comments must be received on or before July 8, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0631 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed 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 www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Gobeail McKinley, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9230. Ms. McKinley can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), which
EPA has traditionally termed the good neighbor provision, states are
required to address the interstate transport of air pollution.
Specifically, the good neighbor provision requires that each state's
implementation plan contain adequate provisions to prohibit air
pollutant emissions from within the state that will significantly
contribute to nonattainment of the national ambient air quality
standards (NAAQS), or that will interfere with maintenance of the
NAAQS, in any other state.
In October 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (``NOX SIP Call''). The NOX
SIP Call required eastern states, including Tennessee, to submit SIPs
that prohibit excessive emissions of ozone season NOX by
implementing statewide emissions budgets.\1\ The NOX SIP
Call addressed the good neighbor provision for the 1979 ozone NAAQS and
was designed to mitigate the impact of transported NOX
emissions, one of the precursors of ozone. EPA developed the
NOX Budget Trading Program, an allowance trading program
that states could adopt to meet their obligations under the
NOX SIP Call. This trading program allowed the following
sources to participate in a regional cap and trade
[[Page 35047]]
program: Generally electric generating units (EGUs) with capacity
greater than 25 megawatts (MW); and large industrial non-EGUs, such as
boilers and combustion turbines, with a rated heat input greater than
250 million British thermal units per hour (MMBtu/hr). The
NOX SIP Call also identified potential reductions from
cement kilns and stationary internal combustion engines.
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\1\ See 63 FR 57356 (October 27, 1998). As originally
promulgated, the NOX SIP Call also addressed good
neighbor obligations under the 1997 8-hour ozone NAAQS, but EPA
subsequently stayed and later rescinded the rule's provisions with
respect to that standard. See 65 FR 56245 (September 18, 2000); 84
FR 8422 (March 8, 2019).
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On January 22, 2004, EPA approved into the Tennessee SIP the
State's NOX Budget Trading Program rule.\2\ The
NOX Budget Trading Program was implemented from 2003 to
2008. The provisions required EGUs and large non-EGUs in the state to
participate in the NOX Budget Trading Program.
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\2\ See 69 FR 3015 (January 22, 2004).
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In 2005, EPA published the Clean Air Interstate Rule (CAIR), which
required eastern states, including Tennessee, to submit SIPs that
prohibited emissions consistent with ozone season (and annual)
NOX budgets. See 70 FR 25162 (May 12, 2005). CAIR addressed
the good neighbor provision for the 1997 ozone NAAQS and 1997 fine
particulate matter (PM2.5) NAAQS and was designed to
mitigate the impact of transported NOX emissions with
respect to not only ozone but also PM2.5. CAIR established
several trading programs that EPA implemented through federal
implementation plans (FIPs) for EGUs greater than 25 MW in each
affected state, but not large non-EGUs; states could submit SIPs to
replace the FIPs that achieved the required emission reductions from
EGUs and/or other types of sources.\3\ When the CAIR trading program
for ozone season NOX was implemented beginning in 2009, EPA
discontinued administration of the NOX Budget Trading
Program; however, the requirements of the NOX SIP Call
continued to apply.
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\3\ CAIR had separate trading programs for annual sulfur dioxide
emissions, seasonal NOX emissions and annual
NOX emissions.
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On August 20, 2007, EPA approved into the Tennessee SIP an
abbreviated CAIR SIP revision with allowance allocations and opt-in
provisions.\4\ On November 25, 2009, EPA approved into the Tennessee
SIP a further abbreviated CAIR SIP revision expanding applicability of
the CAIR ozone season NOX trading program to NOX
SIP Call non-EGUs.\5\
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\4\ See 72 FR 46388.
\5\ See 74 FR 61535.
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In 2011, EPA published the Cross-State Air Pollution Rule (CSAPR)
to replace CAIR and address the good neighbor provisions for the 1997
ozone NAAQS, the 1997 PM2.5 NAAQS, and the 2006
PM2.5 NAAQS. See 76 FR 48208 (August 8, 2011). Through FIPs,
CSAPR required EGUs in eastern states, including Tennessee, to meet
annual and ozone season NOX emission budgets and annual
SO2 emission budgets implemented through new trading
programs. Implementation of CSAPR began on January 1, 2015.\6\ CSAPR
also contained provisions that would sunset CAIR-related obligations on
a schedule coordinated with the implementation of the CSAPR compliance
requirements.
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\6\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
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In 2016, EPA published the CSAPR Update to address the good
neighbor provision for the 2008 ozone NAAQS. See 81 FR 74504 (October
26, 2016). Although for most covered states the CSAPR Update may only
partially address the states' good neighbor obligations for this NAAQS,
the rule fully addresses Tennessee's good neighbor obligation for this
NAAQS.\7\ The CSAPR Update trading program replaced the original CSAPR
trading program for ozone season NOX for most covered
states. Tennessee's EGUs participate in the CSAPR Update trading
program, generally also addressing the state's obligations under the
NOX SIP Call for EGUs. However, Tennessee has not chosen to
expand applicability of the CSAPR Update trading program to its large
non-EGUs.
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\7\ See 81 FR at 74540. EPA notes that the aspects of the CSAPR
Update affecting Tennessee were not challenged in the litigation
over the rule and are not affected by the remand of the rule in
Wisconsin v. EPA, 983 F.3d 303 (D.C. Cir. 2019).
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Through a letter to EPA dated February 27, 2017,\8\ Tennessee
provided a SIP revision to incorporate a new provision--TACPR 1200-03-
27-.12, ``NOX SIP Call Requirements for Stationary Boilers
and Combustion Turbines'' (TN 2017 NOX SIP Call Rule)--into
the SIP. The TN 2017 NOX SIP Call Rule established a state
control program for sources that are subject to the NOX SIP
Call, but not covered under CSAPR or the CSAPR Update. The TN 2017
NOX SIP Call Rule contains several subsections that together
comprise a non-EGU control program under which Tennessee will allocate
a specified budget of allowances to affected sources. Subsequently, on
May 11, 2018 and October 11, 2018, Tennessee submitted letters
requesting conditional approval of the 2017 NOX SIP Call
Rule and committing to provide a SIP revision to EPA by December 31,
2019, to address a deficiency by revising the definition of ``affected
unit'' to remove the unqualified exclusion for any unit that serves a
generator that produces power for sale. Based on the State's commitment
to submit a SIP revision addressing the identified deficiency, EPA
conditionally approved the February 27, 2017, submission. In the same
action, EPA approved removal of the state's NOX Budget
Trading Program and CAIR rules from the State's SIP. See 84 FR 7998
(March 6, 2019).
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\8\ EPA notes that it received the submittal on February 28,
2017.
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II. EPA's Proposed Action
EPA is proposing to approve Tennessee's December 19, 2019, SIP
submittal, which revises TAPCR 1200-03-27-.12, ``NOX SIP
Call Requirements for Stationary Boilers and Combustion Turbines'' to
correct the definition of ``affected unit'' and to clarify requirements
related to stationary boilers and combustion turbines (additional
details are provided in section III of this proposal). In addition, EPA
is proposing to convert EPA's March 6, 2019, conditional approval to a
full approval.
III. Tennessee's SIP Submission and EPA's Analysis
In accordance with its commitment letters, Tennessee submitted a
SIP revision on December 19, 2019, requesting EPA approval of revisions
to TAPCR 1200-03-27-.12, ``NOX SIP Call Requirements for
Stationary Boilers and Combustion Turbines.'' To address the deficiency
in the TN 2017 NOX SIP Call Rule identified by EPA, in the
December 19, 2019 submission, the State revises the definition of
``affected unit'' to remove the unqualified exclusion for any unit that
serves a generator that produces power for sale and add exclusions for
units that are subject to the current CSAPR Update trading program for
ozone season NOX. In addition, Tennessee is requesting EPA
approve the following modifications to the rule: (1) Amending the
definition of ``maximum design heat input'' by adding ``MM'' to ``BTU/
hr'' to correct a minor typo; (2) clarifying the formula for the
allocation of NOX allowances to include the number of hours
in Tennessee's ozone season; and (3) clarifying the requirements for a
Responsible Official for purposes of compliance with 40 CFR part 75.\9\
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\9\ In addition, EPA is proposing to approve TAPCR 1200-03-
27-.12(7)(b)4, which currently reads [Reserved] and thus has no
substantive requirements, into the SIP. TAPCR 1200-03-27-.12(7)(b)4
has not previously been approved into the Tennessee SIP. See 84 FR
7998 (March 6, 2019).
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EPA has reviewed the December 19, 2019, SIP submission and is
proposing to find that the revisions to TAPCR 1200-03-27-.12 comply
with the NOX SIP Call requirements for non-EGUs and the CAA.
With respect to the changes to
[[Page 35048]]
the definition of ``affected unit,'' if approved, Tennessee's SIP will
address all types of sources that must be covered to fully address
NOX SIP Call requirements. See 83 FR 64497 (December 17,
2018) (including a discussion of both sources covered under CSAPR and
the sources subject to 1200-03-27-.12). With respect to the additional
modifications to correct minor typographical errors, the formula for
NOX allocations, and the requirements for the Responsible
Official, EPA preliminarily agrees that the modifications provide
additional clarity to the SIP. In addition, EPA has preliminarily
determined that the December 19, 2019, SIP revision satisfies the
conditions listed in EPA's March 6, 2019 conditional approval and is
proposing to convert its prior conditional approval to full approval.
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 TAPCR 1200-03-27-.12, ``NOX SIP Call Requirements
for Stationary Boilers and Combustion Turbines,'' state effective
December 12, 2019, which revises Tennessee's state control program to
comply with the obligations of the NOX SIP Call. EPA has
made and will continue to make the State Implementation Plan 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
EPA is proposing to approve Tennessee's December 19, 2019,
submission, which revises TAPCR 1200-03-27-.12, ``NOX SIP
Call Requirements for Stationary Boilers and Combustion Turbines,'' to
correct the definition of ``affected unit'' and to clarify requirements
related to stationary boilers and combustion turbines. In addition, EPA
is proposing to convert the March 6, 2019 conditional approval of TAPCR
1200-03-27-.12 to a full approval. EPA requests comment on these
proposals.
VI. 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
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 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12141 Filed 6-5-20; 8:45 am]
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