[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Proposed Rules]
[Pages 15098-15101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04362]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0458; FRL-11759-01-R4]


Air Plan Approval; Tennessee; Revisions to the Continuous Opacity 
Monitoring System Requirements

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 submitted by the 
State of Tennessee through the Department of Environment and 
Conservation (TDEC), Division of Air Pollution Control, via a letter 
dated September 28, 2022. The SIP revision seeks to modify the State's 
required monitoring standards by adding exemptions to opacity 
monitoring requirements. EPA is proposing this action pursuant to the 
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before April 1, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0458 at regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed

[[Page 15099]]

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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Faith Goddard, Multi-Air Pollutant 
Coordination Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, GA 30303-8960. The telephone number is 
(404) 562-8757. Ms. Goddard can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Overview

    EPA is proposing to approve a SIP revision submitted by Tennessee 
via a letter dated September 28, 2022,\1\ seeking to revise chapter 
1200-3-10, Required Sampling, Recording, and Reporting, of the 
Tennessee SIP. These changes seek to modify the State's required 
monitoring standards. Specifically, the submission includes changes to 
add exemptions to opacity monitoring requirements at paragraph (1)(b)1. 
of Tennessee Rule 1200-3-10-.02, Monitoring of Source Emissions, 
Recording, and Reporting of the Same are Required. EPA is proposing to 
approve Tennessee's September 28, 2022, SIP revision because the State 
has demonstrated that the changes to the Rule will not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171) or any other applicable 
requirement of the Act.\2\
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    \1\ EPA received the September 28, 2022, submittal on October 3, 
2022. For clarity, throughout this notice EPA will refer to the 
October 3, 2022, submission by its cover letter date of September 
28, 2022.
    \2\ See CAA section 110(l).
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II. Background

    In accordance with 40 CFR 51.214, each SIP must contain legally 
enforceable procedures to provide information as specified in appendix 
P of 40 CFR part 51. Appendix P, Minimum Emission Monitoring 
Requirements requires, with certain exceptions, each fossil fuel-fired 
steam generator of greater than 250 million British thermal units per 
hour (MMBtu/hr) heat input and an annual average capacity factor of 
greater than 30 percent, as reported to the Federal Power Commission 
for calendar year 1974, or as otherwise demonstrated to the State by 
the owner or operator, to install, calibrate, maintain, and operate a 
continuous monitoring system for the measurement of opacity (COMS). 
Section 3.9 of appendix P, however, allows States to utilize different, 
but equivalent, procedures and requirements for continuous monitoring 
systems, provided the SIP includes a description of such alternative 
procedures for approval by EPA.
    Tennessee Rule 1200-3-10-.02(1)(b) establishes requirements for 
testing, monitoring, and record keeping for certain categories of air 
pollution sources. Subparagraph (i) of paragraph (1)(b)1. applies to 
existing fossil fuel-fired steam generators with an annual average 
capacity factor of greater than 30 percent, as reported to the Federal 
Power Commission for calendar year 1974, or as otherwise demonstrated 
to the Technical Secretary by the owner or operator.\3\ The existing 
rule requires owners or operators of these fossil fuel-fired steam 
generators with a heat input of 250 MMBtu/hr or greater to install, 
calibrate, maintain, and operate a COMS, except when only gaseous fuel 
is burned. Additionally, sources may be exempted from this requirement 
when oil or a mixture of gas and oil are the only fuels burned and the 
source can comply with applicable particulate matter (PM) and opacity 
regulations without the use of PM control equipment and has not been 
found to be in violation of any applicable visible emission standard 
requirement. These provisions are consistent with section 2.1.1 of 40 
CFR part 51, appendix P.
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    \3\ The monitoring requirements of Rule 1200-3-10-.02(1)(b) do 
not apply to new sources that are subject to new source performance 
standards under chapter 1200-3-16. See 1200-3-10-.02(1)(b)2.
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    Tennessee's September 28, 2022, SIP revision revises requirements 
of Rule 1200-3-10-.02(1)(b)1. to provide a third alternative for fossil 
fuel-fired steam generators to be exempted from the COMS requirement. 
The SIP revision is based on an approach to opacity monitoring in EPA's 
New Source Performance Standards (NSPS) for steam generating units, at 
40 CFR part 60, subparts D and Da, and National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for steam generating units, at 40 CFR 
part 63, subpart UUUUU. In amendments to the NSPS for steam generating 
units, EPA eliminated the opacity standard for certain facilities 
voluntarily using PM continuous emission monitoring systems (CEMS), 
provided that those facilities comply with a federally enforceable PM 
limit of 0.030 lb/MMBtu or less.\4\ In addition, subparts D and Da of 
40 CFR part 60 eliminate the COMS requirement for affected facilities 
using continuous parametric monitoring systems (CPMS) for PM according 
to the requirements specified in subpart UUUUU of 40 CFR part 63, which 
establishes requirements for using PM CEMS and PM CPMS to demonstrate 
compliance with applicable PM emission limits.\5\
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    \4\ See 74 FR 5072, 5073-5074 (January 28, 2009), and 40 CFR 
60.42(c) and 60.42Da(a) and (b)(1).
    \5\ See 40 CFR 60.45(b)(8); 40 CFR 60.49Da(a)(4)(ii).
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III. Analysis of Tennessee's September 28, 2022, SIP Revision

    The changes to Rule 1200-3-10-.02(1)(b) include the removal of a 
reference to Tennessee Rule 1200-3-16-.02 for the definition of fossil 
fuel-fired steam generators, because this Rule is not in the SIP and 
does not include a definition for fossil fuel-fired steam 
generators.\6\ Tennessee has added a statement at the end of 
subparagraph (i) of part (1)(b)1. to define a ``fossil fuel-fired steam 
generator'' as ``a furnace or boiler used in the process of burning 
fossil fuel for the purpose of producing steam by heat transfer.'' EPA 
notes that this definition of fossil fuel-fired steam generator matches 
verbatim the NSPS definition of Fossil-fuel-fired steam generating unit 
at 40 CFR part 60, subpart D.\7\ Therefore, EPA is proposing to find 
that this definition for fossil-fuel-fired steam generating unit is 
appropriate.
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    \6\ The SIP revision states that Regulation 1200-3-16 is in the 
process of being repealed at the state level. The repeal was 
announced in a notice to the public by TDEC on May 2, 2023.
    \7\ See 40 CFR 60.41 ``Fossil-fuel-fired steam generating 
unit.''
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    As noted above, Regulation 1200-3-10-.02(1)(b)1., as revised, 
includes a third alternative for the subject fossil fuel-fired steam 
generators to be exempted from the COMS requirement. New subparagraph 
III of paragraph (1)(b)1.(i)(I) provides that sources are exempt from 
the COMS requirement if the owner or operator installs, certifies,

[[Page 15100]]

operates, and maintains a PM CEMS or CPMS for PM according to the 
requirements of 40 CFR part 63, subpart UUUUU, and such PM CEMS or CPMS 
is subject to and complies with the relevant filterable PM 
standards,\8\ monitoring requirements,\9\ and work practice standards 
\10\ of subpart UUUUU. Lastly, subparagraph IV is added to paragraph 
(1)(b)1.(i)(I) to adopt and incorporate the relevant standards of 
subpart UUUUU by reference. These revisions are consistent with EPA's 
conclusions, as discussed in Section II of this preamble, that steam 
generating units complying with a federally enforceable PM limit of 
0.030 lb/MMBtu or less \11\ will operate with little or no visible 
emissions and that the use of a CEMS or CPMS for PM, at this level of 
the PM emissions, is sufficient to demonstrate compliance with 
applicable SIP opacity standards.\12\ EPA also notes that any 
applicable opacity standards in the SIP remain applicable and may be 
enforced with visible emissions methods under SIP-approved Rule 1200-3-
5-.03.\13\
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    \8\ See 40 CFR 63.9991(a)(1) and table 1 or table 2 of subpart 
UUUUU.
    \9\ See 40 CFR 63.10010(h) or (i).
    \10\ See 40 CFR 63.10007(a)(1) and table 3 of subpart UUUUU.
    \11\ Under subpart UUUUU, only existing integrated gasification 
combined cycle (IGCC) units are subject to a higher PM limit than 
0.030 lb/MMBtu (0.040 lb/MMBtu), and Tennessee has no existing IGCC 
units. See Table 1 and table 2 of subpart UUUUU.
    \12\ See also footnotes 4 and 5.
    \13\ The Tennessee requirements for visible emissions exist at 
1200-3-5-.03 in the Tennessee SIP.
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    According to Tennessee's September 28, 2022, SIP submittal, several 
existing facilities in Tennessee are required to comply with Rule 1200-
3-10-.02(1)(b)1., but only three coal-fired fossil fuel plants, 
operated by the Tennessee Valley Authority (TVA), are subject to 40 CFR 
part 63, subpart UUUUU and therefore impacted by this Rule revision. 
Specifically, the changes to the regulation impact boiler numbers 1 
through 9 at the Kingston facility, boiler numbers 1 through 4 at the 
Gallatin facility, and boiler numbers 1 and 2 at the Cumberland 
facility.\14\ These facilities would be able to opt for the new 
alternative exemption from the COMS requirement based on compliance 
with continuous PM monitoring requirements.
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    \14\ The SIP revision identifies boiler number 1 at the TVA Bull 
Run facility, but that facility was shut down at the end of 2023.
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    Section 110(l) of the CAA requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171) or any other 
applicable requirement of the Act. As discussed above, using the new 
alternative approach, COMS to measure opacity would not be necessary 
for the subject fossil fuel-fired boilers since compliance with the PM 
mass emission limit and the continuous monitoring of compliance with 
that limit will render opacity negligible. Therefore, EPA is proposing 
to find that the proposed change to allow certain sources to use 
alternative monitoring procedures satisfies CAA section 110(l).

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, and as discussed in Sections I through 
III of this preamble, EPA is proposing to incorporate by reference TDEC 
Regulation 1200-3-10-.02, ``Monitoring of Source Emissions, Recording, 
and Reporting of the Same are Required,'' \15\ State effective August 
31, 2022, which revises exemptions to monitoring requirements. 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).
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    \15\ EPA is not proposing to incorporate the August 31, 2022, 
state effective version of 1200-3-10-.02(1)(b)1.(i)(II); 1200-3-
10-.02(1)(b)1.(i)(III); and 1200-3-10-.02(2)(b)2. into the SIP. The 
August 31, 2022, version of the Rule removes 1200-3-
10-.02(1)(b)1.(i)(II) and 1200-3-10-.02(1)(b)1.(i)(III) due to an 
administrative error and contains language changes to 1200-3-
10-.02(2)(b)2. that are not before EPA for approval into the SIP. If 
EPA takes final action to approve the September 28, 2022, SIP 
revision, the Agency will update the SIP table at 40 CFR 52.2220(c) 
to reflect these exceptions.
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V. Proposed Action

    For the reasons explained above, EPA is proposing to approve 
Tennessee's September 28, 2022, SIP revision seeking to amend air 
quality rules in the Tennessee SIP. Specifically, EPA is proposing to 
approve a revision to 1200-3-10-.02, ``Monitoring of Source Emissions, 
Recording, and Reporting of the Same are Required,'' in the Tennessee 
SIP to allow for alternative monitoring procedures for certain sources 
because the revision is consistent with the CAA.

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 
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 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

[[Page 15101]]

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 proposed action. Due to the 
nature of the action being proposed here, this proposed 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 
proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation 
byreference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: February 26, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-04362 Filed 2-29-24; 8:45 am]
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