[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Rules and Regulations]
[Pages 8771-8773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02648]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0155; FRL-10503-02-R4]
Air Plan Approval; Tennessee; Packaging Corporation of America
Nitrogen Oxides SIP Call Alternative Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving revisions to the Tennessee State Implementation Plan (SIP)
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC), through a letter dated June 29,
2021. This revision establishes alternative monitoring, recordkeeping,
and reporting requirements under the Nitrogen Oxides (NOX)
SIP Call. EPA is finalizing action to conditionally approve these
changes pursuant to the Clean Air Act (CAA or Act).
DATES: This rule is effective March 13, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2022-0155. 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, 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: Steven Scofield, 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) 562-9034. Mr. Scofield can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Packaging Company of America (PCA) petitioned TDEC to adopt revised
permit conditions applicable to PCA's Highway 57, Counce, Tennessee
facility (PCA Counce Mill) with an alternative monitoring option for
this large non-EGU, along with corresponding revised recordkeeping and
reporting conditions. This petition resulted in the issuance of the
permit for PCA Counce Mill included as part of TDEC's SIP submittal.
The changes allow PCA Counce Mill to address the NOX SIP
Call's requirements for enforceable limits on ozone season
NOX mass emissions through non-Part 75 alternative
monitoring and reporting methodologies. The June 29, 2021, source-
specific SIP revision submitted by TDEC contains the permit provisions
that TDEC modified to specifically address the alternative monitoring
provisions allowed under the NOX SIP Call. TDEC requests
conditional approval of those provisions into the SIP.
Through a notice of proposed rulemaking (NPRM) published on
December 23, 2022 (87 FR 78892), EPA proposed to conditionally approve
the June 10, 2021, changes to Tennessee Air Pollution Control Board
operating permit No. 078563 contained in TDEC's June 29, 2021
submittal. TDEC requests that this approval be conditioned on
Tennessee's commitment to modify the provisions at Tennessee Air
Pollution Control Regulation (TAPCR) 1200-03-27.12(11) to specify
allowable non-Part 75 permissible alternative monitoring and reporting
methodologies for large industrial non-EGUs subject to the
NOX SIP Call, such as the alternative monitoring and
reporting provisions in permit No. 078563. The details of Tennessee's
submission, as well as the background and EPA's rationale for
conditionally approving the changes, are described in more detail in
the December 23, 2022, NPRM. Comments on the December 23, 2022, NPRM
were due on or before January 23, 2023. No comments were received on
the December 23, 2022, NPRM, 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 III of this preamble, EPA is
finalizing the incorporation by reference of Tennessee Air Pollution
Control Board operating permit No. 078563 for PCA Counce Mill, state
effective on June 10, 2021, into the Tennessee 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\
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\1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to conditionally approve Tennessee Air
Pollution Control Board operating permit No. 078563 for PCA Counce
Mill, state effective June 10, 2021, for incorporation into the
Tennessee SIP. These changes were submitted by Tennessee on June 29,
2021. As discussed in more detail in the December 23, 2022 NPRM, these
changes to Tennessee's SIP are approved subject to the condition that
Tennessee meets its commitment to submit a SIP revision modifying the
provisions of TAPCR 1200-03-27.12(11) to specify permissible non-Part
75 alternative monitoring and reporting methodologies, as allowed under
40 CFR 51.121(i)(1) and (4), by 12 months from the date of this final
approval. If the State fails to submit this revision on or before 12
months from the date of final approval of this action, the conditional
approval will become a disapproval pursuant to CAA section 110(k)(4).
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 Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
conditionally approves state law as
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meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
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).
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 as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 11, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2) of the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Dated: February 2, 2023.
Daniel Blackman,
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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
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2. Section 52.2219 is added to read as follows:
Sec. 52.2219 Conditional approval.
(a) Tennessee submitted a source-specific SIP revision to EPA on
June 29, 2021, regarding the Packaging Company of America's Highway 57,
Counce, Tennessee facility, along with a commitment to modify the
provisions at Tennessee Air Pollution Control Regulation 1200-03-
27.12(11) to specify allowable non-Part 75 permissible alternative
monitoring and reporting methodologies for large industrial non-EGUs
subject to the NOX SIP Call. EPA conditionally approved the
June 29, 2021, SIP revision in an action published in the Federal
Register on February 10, 2023. If Tennessee fails to meet its
commitment by February 12, 2024, the conditional approval will become a
disapproval on February 12, 2024.
(b) [Reserved]
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3. In Sec. 52.2220(d), amend the table by adding an entry for
``Packaging Corporation of America--Counce Mill'' at the end of the
table to read as follows:
Sec. 52.2220 Identification of plan.
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(d) * * *
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EPA-Approved Tennessee Source-Specific Requirements
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State
Name of source Permit No. effective date EPA approval date Explanation
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Packaging Corporation of 078563 6/10/2021 2/10/2023, [Insert Conditional approval based
America--Counce Mill citation of on TDEC's commitment to
publication]. modify the provisions at
TAPCR 1200-03-27.12(11)
to specify allowable non-
Part 75 permissible
alternative monitoring
and reporting
methodologies for large
industrial non-EGUs
subject to the NOX SIP
Call.
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[FR Doc. 2023-02648 Filed 2-9-23; 8:45 am]
BILLING CODE 6560-50-P