[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53800-53802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16433]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0535; FRL-11020-02-R4]


Air Plan Approval; TN; 2010 1-Hour SO2 NAAQS Transport 
Infrastructure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Tennessee's July 31, 2019, State Implementation Plan (SIP) submission 
pertaining to the ``good neighbor'' provision of the Clean Air Act (CAA 
or Act) for the 2010 1-hour sulfur dioxide (SO2) National 
Ambient Air Quality Standard (NAAQS). The good neighbor provision 
requires each State's implementation plan to contain adequate 
provisions prohibiting the interstate transport of air pollution in 
amounts that will contribute significantly to nonattainment, or 
interfere with maintenance, of a NAAQS in any other State. EPA has 
determined that Tennessee will not contribute significantly to 
nonattainment or interfere with maintenance of the 2010 1-hour 
SO2 NAAQS in any other State. Therefore, EPA is approving 
the July 31, 2019, SIP revision as meeting the requirements of the good 
neighbor provision for the 2010 1-hour SO2 NAAQS.

DATES: This rule is effective September 8, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0535. All documents in the docket 
are listed on the www.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: Evan Adams, 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. Mr. Adams can be reached via 
phone number (404) 562-9009 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 2, 2010, EPA promulgated a revised primary SO2 
NAAQS with a level of 75 parts per billion (ppb), based on a 3-year 
average of the annual 99th percentile of daily maximum 1-hour average 
concentrations. See 75 FR 35520 (June 22, 2010). Pursuant to section 
110(a)(1) of the CAA, states are required to submit SIPs meeting the 
applicable requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may describe. These SIPs, which EPA has historically referred to as 
``infrastructure SIPs,'' are to provide for the ``implementation, 
maintenance, and enforcement'' of such NAAQS, and the requirements are 
designed to ensure that structural components of each State's air 
quality management program are adequate to meet the State's 
responsibility under the CAA. Section 110(a) of the CAA requires States 
to make a SIP submission to EPA for a new or revised NAAQS, but the 
contents of individual State submissions may vary depending upon the 
facts and circumstances. The content of the changes in such SIP 
submissions may also vary depending upon what provisions the State's 
approved SIP already contains. Section 110(a)(2) requires States to 
address basic SIP elements such as requirements for monitoring, basic 
program requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS.
    Section 110(a)(2)(D)(i)(I) of the CAA requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one State from emitting any air pollutant in amounts that will 
contribute significantly to nonattainment, or interfere with 
maintenance, of a NAAQS in another State. The two clauses of this 
section are referred to as prong 1 (significant contribution to 
nonattainment of the NAAQS) and prong 2 (interference with maintenance 
of the NAAQS).
    On July 31, 2019, the Tennessee Department of Environment & 
Conservation (TDEC) submitted a revision to the Tennessee SIP \1\ 
addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) for the 
2010 1-hour SO2 NAAQS.\2\ TDEC completed updated transport 
modeling for the Eastman Chemical facility in Sullivan County, 
Tennessee, and submitted it to EPA on November 30, 2021, to supplement 
the July 31, 2019 submission.\3\ EPA is approving TDEC's July 31, 2019, 
SIP submission because the State has demonstrated that Tennessee will 
not contribute significantly to nonattainment, or interfere with 
maintenance, of the 2010 1-hour SO2 NAAQS in any other 
State. All other elements related to the infrastructure requirements of 
section 110(a)(2) for the 2010 1-hour SO2 NAAQS for 
Tennessee are addressed in separate rulemakings.\4\
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    \1\ TDEC submitted its SIP revision on August 1, 2019, through a 
transmittal letter dated July 31, 2019.
    \2\ On March 13, 2014, TDEC submitted a SIP revision addressing 
all infrastructure elements with respect to the 2010 1-hour 
SO2 NAAQS with the exception of prongs 1 and 2 of CAA 
110(a)(2)(D)(i)(I).
    \3\ EPA officially received the supplemental file dated November 
30, 2021, on December 7, 2021.
    \4\ EPA acted on all other infrastructure elements for the 2010 
1-hour SO2 NAAQS in Tennessee's March 13, 2014, SIP 
revision on November 28, 2016 (81 FR 85410) and September 24, 2018 
(83 FR 48237).
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    In a notice of proposed rulemaking (NPRM) published on June 26, 
2023 (88 FR 41344), EPA proposed to approve TDEC's July 31, 2019, SIP 
submission for the 2010 1-hour SO2 NAAQS. The details of the 
SIP revision and the rationale for EPA's action is explained in the 
June 26, 2023, NPRM.\5\ Comments on the June 26, 2023, NPRM were due on 
or before July 26, 2023. No comments were received on the June 26, 
2023, NPRM, adverse or otherwise.
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    \5\ Additional details regarding EPA's evaluation of TDEC's 
modeling are provided in the Modeling Technical Support Document 
(TSD) available in the docket supporting this final action.
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II. Final Action

    EPA is approving Tennessee's July 31, 2019, SIP submission as 
meeting the good neighbor provision of CAA section 110(a)(2)(D)(i)(I) 
for the 2010 1-hour SO2 NAAQS. EPA is finalizing approval 
based on the information and analysis detailed in EPA's proposed rule, 
which demonstrates that Tennessee will not contribute significantly to 
nonattainment, or interfere with

[[Page 53801]]

maintenance, of the 2010 1-hour SO2 NAAQS in any other 
State. This action is being taken under section 110 of the CAA.

III. 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 
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 minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    TDEC did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air 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 people of color, low-income populations, 
and Indigenous peoples.
    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 October 10, 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).

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: July 28, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

0
2. In Sec.  52.2220(e), amend the table by adding the entry ``110(a)(1) 
and (2) Infrastructure Requirements for the 2010 1-hour SO2 
NAAQS'' at the end of the table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

[[Page 53802]]



                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                                                State
   Name of non-regulatory SIP      Applicable geographic or   effective    EPA approval date      Explanation
            provision                 nonattainment area         date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Tennessee................    7/31/2019  8/9/2023, [Insert   Addressing prongs
 Requirements for the 2010 1-                                              citation of         1 and 2 of
 hour SO2 NAAQS.                                                           publication].       section
                                                                                               110(a)(2)(D)(i)
                                                                                               only.
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[FR Doc. 2023-16433 Filed 8-8-23; 8:45 am]
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