[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Proposed Rules]
[Pages 13394-13398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04430]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0529; FRL-10662-01-R4]
Air Plan Approval; Tennessee; Domtar Paper Company, LLC Nitrogen
Oxides SIP Call Alternative Monitoring
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve a source-specific State Implementation Plan (SIP)
revision submitted by the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), through a letter
dated January 20, 2022, which would establish alternative monitoring,
recordkeeping, and reporting requirements under the Nitrogen Oxides
(NOX) SIP Call.
DATES: Comments must be received on or before April 3, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0529 at www.regulations.gov. Follow the online
[[Page 13395]]
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 www.epa.gov/dockets/commenting-epa-dockets.
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
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also
called 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.
On October 27, 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
limiting emissions of ozone season NOX by implementing
statewide emissions budgets. 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.\1\ 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 program: generally, electricity 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\ 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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To comply with the NOX SIP Call requirements, in 2000
and 2001, TDEC submitted a revision to add new rule sections to the
SIP-approved version of Chapter 1200-3-27, Nitrogen Oxides, of the
Tennessee Rules. EPA approved the revision as compliant with Phase I of
the NOX SIP Call in 2004. See 69 FR 3015 (January 22, 2004).
The approved revision required EGUs and large non-EGUs in the State to
participate in the NOX Budget Trading Program beginning in
2004. In 2005, Tennessee submitted, and EPA approved, a SIP revision to
address additional emissions reductions required for the NOX
SIP Call under Phase II. See 70 FR 76408 (December 27, 2005).
In 2005, EPA published the Clean Air Interstate Rule (CAIR), which
required several eastern states, including Tennessee, to submit SIPs
that prohibited emissions consistent with revised ozone season
NOX budgets (as well as annual budgets for NOX
and sulfur dioxide). See 70 FR 25162 (May 12, 2005); see also 71 FR
25328 (April 28, 2006). 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 ozone and
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.\2\ 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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\2\ CAIR had separate trading programs for annual sulfur dioxide
(SO2) emissions, seasonal NOX emissions, and
annual NOX emissions.
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On November 25, 2009 (74 FR 61535), EPA approved revisions to
Tennessee's SIP that incorporated requirements for CAIR. Consistent
with CAIR's requirements, EPA approved a SIP revision in which
Tennessee regulations: (1) Terminated its NOX Budget Trading
Program requirements, and (2) incorporated CAIR annual and ozone season
NOX state trading programs. See 74 FR 61535. Participation
of EGUs in the CAIR ozone season NOX trading program
addressed the State's obligation under the NOX SIP Call for
those units, and Tennessee also chose to require non-EGUs subject to
the NOX SIP Call to participate in the same CAIR trading
program. In this manner, Tennessee's CAIR rules incorporated into the
SIP addressed the State's obligations under the NOX SIP Call
with respect to both EGUs and non-EGUs.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896,
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect temporarily until a replacement rule
consistent with the court's opinion was developed. While EPA worked on
developing a replacement rule, the CAIR program continued to be
implemented with the NOX annual and ozone season trading
programs beginning in 2009 and the SO2 annual trading
program beginning in 2010.
Following the D.C. Circuit's remand of CAIR, EPA promulgated the
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good
neighbor obligations 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.\3\ CSAPR also contained provisions that
would sunset
[[Page 13396]]
CAIR-related obligations on a schedule coordinated with the
implementation of the CSAPR compliance requirements. Participation by a
state's EGUs in the CSAPR trading program for ozone season
NOX generally addressed the state's obligation under the
NOX SIP Call for EGUs. CSAPR did not initially contain
provisions allowing states to incorporate large non-EGUs into that
trading program to meet the requirements of the NOX SIP Call
for non-EGUs. EPA also stopped administering CAIR trading programs with
respect to emissions occurring after December 31, 2014.\4\
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\3\ See 79 FR 71663 (December 3, 2014).
\4\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
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Even though the CAIR programs have not been implemented in
Tennessee since 2014, ozone season NOX emissions have
remained well below the NOX SIP Call budget levels. Through
a letter to EPA dated February 27, 2017,\5\ 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 (background
regarding the CSAPR Update is provided later in this notice). 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 \6\ of the TN 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
Tennessee's SIP. See 84 FR 7998 (March 6, 2019).
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\5\ EPA notes that it received the submittal on February 28,
2017.
\6\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval.
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Tennessee submitted a SIP revision on December 19, 2019, which
revised Tennessee Air Pollution Control Regulation (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. On March 2, 2021 (86 FR 12092), EPA published a
final rule which corrected the definition of ``affected unit'' and
clarified requirements related to stationary boilers and combustion
turbines. EPA also converted the conditional approval of the TN 2017
NOX SIP Call Rule to a full approval. See EPA's March 2,
2021 (86 FR 12092), final rule for further detail on these changes and
EPA's rationale for approving them.
After litigation that reached the Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded several state budgets to EPA for
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118,
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season
NOX budgets in the Cross-State Air Pollution Rule Update for
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed
eastern states' good neighbor obligations for the 2008 ozone NAAQS. See
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR
Update demonstrated that Tennessee contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone
NAAQS in other states. The CSAPR Update reestablished an option for
most states to meet their ongoing obligations for non-EGUs under the
NOX SIP Call by including the units in the CSAPR Update
trading program.
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, which generally also addresses the State's obligations under
the NOX SIP Call for EGUs. However, Tennessee elected not to
include its large non-EGUs in the CSAPR Update ozone season trading
program. Because Tennessee's large non-EGUs do not participate in any
CSAPR or CSAPR Update trading program for ozone season NOX
emissions, the NOX SIP Call regulations at 40 CFR
51.121(r)(2), as well as anti-backsliding provisions at 40 CFR
51.905(f) and 40 CFR 51.1105(e), require these non-EGUs to maintain
compliance with NOX SIP Call requirements in some other way.
Under 40 CFR 51.121(f)(2) of the NOX SIP Call
regulations, where a state's implementation plan contains control
measures for EGUs and large non-EGU boilers and combustion turbines,
the SIP must contain enforceable limits on the ozone season
NOX mass emissions from these sources. In addition, under 40
CFR 51.121(i)(4) of the NOX SIP Call regulations as
originally promulgated, the SIP also had to require these sources to
monitor emissions according to the provisions of 40 CFR part 75, which
generally entails the use of continuous emission monitoring systems.
Tennessee triggered these requirements by including control measures in
its SIP for these types of sources, and the requirements have remained
in effect despite the discontinuation of the NOX Budget
Trading Program after the 2008 ozone season.
On March 8, 2019, EPA revised some of the regulations that were
originally promulgated in 1998 to implement the NOX SIP
Call.\7\ The revision gave states covered by the NOX SIP
Call greater flexibility concerning the form of the NOX
emissions monitoring requirements that the states must include in their
SIPs for certain emissions sources. The revision amended 40 CFR
51.121(i)(4) to make Part 75 monitoring, recordkeeping, and reporting
optional, such that SIPs may establish alternative monitoring
requirements for NOX SIP Call budget units that meet the
general requirements of 40 CFR 51.121(f)(1) and (i)(1). Under the
updated provision, a state's implementation plan still needs to include
some form of emissions monitoring requirements for these types of
sources, consistent with the NOX SIP Call's general
enforceability and monitoring requirements at 40 CFR 51.121(f)(1) and
(i)(1), respectively, but states are no longer required to satisfy
these general NOX SIP Call requirements specifically through
the adoption of 40 CFR part 75 monitoring requirements.
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\7\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP Call,''
84 FR 8422 (March 8, 2019).
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Following EPA's March 8, 2019, revision to the NOX SIP
Call requirements, Domtar Paper Company, LLC (Domtar) petitioned TDEC
to adopt revised permit conditions applicable to Domtar's Kingsport
Mill in Kingsport, Tennessee, 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 Domtar included as part of TDEC's SIP submittal. The changes
[[Page 13397]]
allow Domtar 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
and specifically through the use of continuous emission monitoring
under 40 CFR part 60, Appendix B in combination with monitoring of heat
input. The January 20, 2022, 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 and requests conditional approval of those
provisions into the SIP. The contents of the submittal and EPA's
analysis is further discussed in Section III.
II. Why is EPA proposing this action?
TDEC's January 20, 2022, letter requests that EPA conditionally
approve into Tennessee's SIP Tennessee Air Pollution Control Board
operating permit No. 079291 for Domtar, state effective on January 12,
2022, to provide alternative NOX monitoring and reporting
for the No. 2 Power Boiler at this facility in accordance with 40 CFR
51.121(i). TDEC requests that this approval be conditioned on
Tennessee's commitment to modify the provisions at Chapter 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. 079291. The
submission also includes a demonstration under CAA section 110(l)
intended to show that the revision would not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. As discussed
later, EPA has reviewed these changes, preliminarily finds them
consistent with the CAA and regulations governing the NOX
SIP Call, and is proposing to conditionally approve the revisions to
incorporate the source-specific SIP revision into the State's
implementation plan.
III. Analysis of Tennessee's Submission
On August 13, 2021, Domtar submitted a petition to TDEC requesting
approval of alternative monitoring, recordkeeping, and reporting
requirements for the boiler subject to the NOX SIP Call (No.
2 Power Boiler) at Domtar's Kingsport Mill. The petition states that
Condition S2-4.F of PSD construction permit 978656 requires Domtar to
monitor NOX emissions from the No. 2 Power Boiler in
accordance with 40 CFR part 60. The petition also states that Domtar's
Bubbling Fluidized Bed Biomass Boiler 4 is required to monitor
NOX emissions in accordance with Part 60, and Domtar wishes
to use the same monitoring method for both boilers.
That petition resulted in TDEC's issuance of operating permit No.
079291 to Domtar, state effective on January 12, 2022, to address
NOX SIP Call requirements and to adopt an alternative
monitoring option (along with corresponding recordkeeping and reporting
requirements) for this large non-EGU. This permit has been submitted by
TDEC for approval into Tennessee's SIP. The permit conditions within
this permit are consistent with the flexibility provided to states on
March 8, 2019 (84 FR 8422) concerning the form of the NOX
emissions monitoring requirements that the states must include in their
SIPs for certain emissions sources, such as Domtar, to comply with the
NOX SIP Call, required at 40 CFR 51.121(i)(4).
Specifically, permit Condition 1 permits compliance with
Tennessee's rules implementing the NOX SIP Call by
demonstrating compliance with permit Conditions 2 through 5. Condition
2 provides that Domtar may demonstrate compliance with Tennessee Rule
1200-03-27-.12 by monitoring NOX emissions from the No. 2
Power Boiler using the monitoring methodologies for NOX
emission rate set forth in 40 CFR part 60, Appendix B, in combination
with monitoring of heat input.
Condition 3 requires that Domtar submit a program for conducting
continuous in-stack monitoring for NOX mass emissions for
approval by TDEC in accordance with the requirements of 40 CFR part 60,
Appendix B. To be approvable by TDEC, the program shall address the
following:
(a) A description of the overall monitoring program;
(b) Specifications demonstrating that the proposed monitoring
instruments will meet the requirements of 40 CFR part 60, Appendix B;
(c) Specifications for the proposed fuel flow meter and a
discussion of how the fuel Btu content will be determined;
(d) Proposed location(s) of the monitoring instruments on the
boiler effluent gas stream;
(e) Proposed procedures for conducting performance specification
testing of the monitoring instruments in units of the applicable
standard (i.e. NOX mass emissions);
(f) Proposed ongoing monitoring instrument quality assurance
procedures (40 CFR part 60, Appendix F or approved alternative);
(g) Procedures for addressing missing data (40 CFR part 75,
Appendix C, Appendix F or approved alternative); and
(h) Proposed format for the reporting of data.
Condition 4 requires Domtar to calculate NOX mass
emissions (in tons) for each control period and report the total to
TDEC no later than December 31 following the end of the control period.
Further, Condition 4 requires that NOX emission rates shall
be calculated from continuous emissions monitoring system (CEMS)
measurements using Method 19 in Appendix A-7 to 40 CFR part 60.
Condition 5 requires Domtar to maintain records of all
measurements; all continuous monitoring system performance evaluations;
all continuous monitoring system or monitoring device calibration
checks; adjustments and maintenance performed on these systems or
devices; and all other information required by this part recorded in a
permanent form suitable for inspection. These records shall be retained
for at least five years following the end of the control period in
which such measurements, maintenance, reports, and records were
collected.
Section 110(l) of the CAA prohibits revision of a SIP that would
interfere with attainment or maintenance of a NAAQS, reasonable further
progress toward attainment of a NAAQS, or any other applicable
requirement of the CAA. In its submittal, TDEC includes a demonstration
in accordance with section 110(l) of the CAA that the proposed revision
would not interfere with any applicable requirement concerning
attainment and reasonable further progress, or any other applicable
requirement of the CAA. Tennessee's demonstration explains that the
proposed changes are compliant with section 110(l) of the CAA because:
(1) As a newly constructed affected unit, TDEC calculated pursuant to
SIP-approved Rule TAPCR 1200-03-27-.12(6) that the NOX
allowance allocation for the No. 2 Power Boiler would be 160 tons per
control period based on PSD construction permit 978656, Condition S2-
1.F., which would be 2.8% of Tennessee's NOX budget of 5,666
tons; (2) revising the monitoring method will not increase
NOX emissions; (3) Tennessee's review of all non-EGUs
subject to the NOX SIP Call demonstrates that NOX
emissions for the collection of affected facilities are operating well
below the state's NOX budget; (4) the alternative monitoring
requirements would be permanent, enforceable, and sufficient to
determine whether the source is in compliance
[[Page 13398]]
with the NOX SIP Call emissions requirements; and (5) the
work practice requirements of 40 CFR part 63 Subpart DDDDD (periodic
tune-ups) will provide additional assurance that the boiler is
operating properly. EPA preliminarily agrees with Tennessee's rationale
summarized above and the conclusion that the proposed revision would
not interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the
CAA.
In order to address the requirements of the NOX SIP Call
for sources that are not covered under a CSAPR trading program for
ozone season NOX emissions, SIP revisions must provide for
enforceable emissions limitations and require emissions monitoring
consistent with the NOX SIP Call's general enforceability
and monitoring requirements.\8\ EPA is proposing to find that TDEC's
submittal meets these requirements and all other requirements of the
CAA, including 40 CFR 51.121(i)(1) and (4), except that Tennessee
additionally will need to modify TAPCR 1200-03-27.12(11) to specify
permissible non-Part 75 alternative monitoring and reporting
methodologies within one year of the effective date of EPA's
conditional approval. Thus, EPA is proposing to conditionally approve
TDEC operating permit No. 079291, state effective on January 12, 2022,
into Tennessee's SIP pursuant to CAA section 110(k)(4), subject to
TDEC's specific commitment to modify the provisions of TAPCR 1200-03-
27.12(11) to specify permissible non-Part 75 alternative monitoring and
reporting methodologies within one year of EPA's conditional approval,
as described in TDEC's submittal.
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\8\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
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If 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 final approval of this proposed action, TDEC
operating permit No. 079291 will remain a part of the SIP. However, 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. 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 the requirements of 1 CFR 51.5, and as discussed in Sections I
through III of this preamble, EPA is proposing to incorporate by
reference Tennessee Air Pollution Control Board's operating permit No.
079291 for the Domtar Kingsport Mill, state effective on January 12,
2022. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
Office (please contact the person identified in the ``For Further
Information Contact'' section of this preamble for more information).
V. Proposed Action
EPA is proposing to conditionally approve Tennessee Air Pollution
Control Board operating permit No. 079291 for the Domtar Kingsport
Mill, state effective January 12, 2022, for incorporation into the
Tennessee SIP. These changes were submitted by Tennessee on January 20,
2022.
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. 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 proposed action
merely proposes to conditionally 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);
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 proposed
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 28, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-04430 Filed 3-2-23; 8:45 am]
BILLING CODE 6560-50-P