[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Rules and Regulations]
[Pages 41321-41323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09729]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0458; FRL-11759-02-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 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. 
Specifically, EPA is finalizing the approval of a SIP revision which 
modifies the State's required monitoring standards by adding exemptions 
to opacity monitoring requirements. EPA is approving this revision 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective June 12, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0458. 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 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, 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

[[Page 41322]]

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

SUPPLEMENTARY INFORMATION:

I. Background

    On September 28, 2022,\1\ TDEC submitted a SIP revision revising 
monitoring standards in Chapter 1200-3-10, Required Sampling, 
Recording, and Reporting, of the Tennessee SIP by adding 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. The SIP revision to the State's monitoring 
requirements: (1) removes a cross-reference at Rule 1200-3-
10-.02(1)(b)1.(i) to Tennessee Rule 1200-3-16-.02 for the definition of 
fossil fuel-fired steam generators; (2) adds a new definition of 
``fossil fuel-fired steam generator'' to Rule 1200-3-10-.02(1)(b)1.(i); 
and (3) adds new subparagraphs III and IV to paragraph (1)(b)1.(i)(I) 
to provide a third alternative for fossil fuel-fired steam generators 
to be exempted from the continuous opacity monitoring system 
requirement and to adopt and incorporate the relevant standards of 40 
CFR part 63, subpart UUUUU by reference.
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    \1\ EPA received the September 28, 2022, submittal on October 3, 
2022. For clarity, throughout this action EPA will refer to the 
October 3, 2022, submission by its cover letter date of September 
28, 2022.
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    Through a notice of proposed rulemaking (NPRM), published on March 
1, 2024 (89 FR 15098), EPA proposed to approve Tennessee's September 
28, 2022, SIP revision. In that NPRM, EPA proposed to determine that 
the SIP revision to allow certain sources to use alternative monitoring 
procedures, based on an approach to opacity monitoring in EPA's New 
Source Performance Standards for steam generating units, at 40 CFR part 
60, subparts D and Da, and National Emission Standards for Hazardous 
Air Pollutants for steam generating units, at 40 CFR part 63, subpart 
UUUUU, is consistent with Section 3.9 of Appendix P of 40 CFR part 51 
and satisfies CAA section 110(l). Additional details on the revision, 
as well as EPA's rationale for approval, are explained in the March 1, 
2024, NPRM. Comments on the March 1, 2024, NPRM were due on or before 
April 1, 2024. EPA received one set of comments, which is discussed in 
the next section of this rulemaking notice.

II. Response to Comment

    EPA received one set of comments on the March 1, 2024, NPRM. This 
set of comments, submitted by a member of the general public, consists 
of several statements associated with website hyperlinks. It is unclear 
how these comments are relevant to the proposal, how the hyperlinked 
materials support the comments, and how, or whether, the commenter 
would like EPA to change the proposal. Furthermore, as noted in the 
March 1, 2024, NPRM, EPA generally will not consider comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file-sharing system) such as the hyperlinked materials. For these 
reasons, the comments require no further response and we are finalizing 
the action as proposed.

III. 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 Sections I of this preamble, EPA is 
finalizing the incorporation by reference of TDEC Regulation 1200-3-
10-.02, Monitoring of Source Emissions, Recording, and Reporting of the 
Same are Required, state-effective August 31, 2022,\2\ which adds 
exemptions to opacity monitoring requirements to the State's SIP-
approved monitoring standards. 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.\3\
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    \2\ The August 31, 2022, State effective 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. EPA is therefore not incorporating these 
changes to the SIP, and these three provisions remain in the SIP 
with a February 5, 2013, State effective date.
    \3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is finalizing approval of Tennessee's September 28, 2022, SIP 
revision to air quality rules in the Tennessee SIP. Specifically, EPA 
is approving a revision to TDEC Regulation 1200-3-10-.02, Monitoring of 
Source Emissions, Recording, and Reporting of the Same are Required, 
into the Tennessee SIP. This revision adds exemptions to opacity 
monitoring requirements to the State's SIP-approved monitoring 
standards to allow for alternative monitoring procedures for certain 
sources, consistent with the CAA.

V. 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 
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

[[Page 41323]]

     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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 12, 2024. 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, Incorporation by 
Reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: April 30, 2024.
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(c), amend Table 1 under ``CHAPTER 1200-3-10 
REQUIRED SAMPLING, RECORDING, AND REPORTING'' by revising the entry for 
``Section 1200-3-10-.02,'' ``Monitoring of Source Emissions, Recording, 
and Reporting of the Same are Required.''
    The revision reads as follows:


Sec.  52.2220   Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
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                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanation
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                                                  * * * * * * *
                          CHAPTER 1200-3-10 REQUIRED SAMPLING, RECORDING, AND REPORTING
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                                                  * * * * * * *
Section 1200-3-10-.02..........  Monitoring of            8/31/2022  05/13/2024,.......  Except for 1200-3-10-
                                  Source Emissions,                  [Insert first page   .02(2)(b)2., with a
                                  Recording, and                      of Federal          state effective date
                                  Reporting of the                    Register            of February 5, 2013.
                                  Same are Required.                  citation].          1200-3-10-
                                                                                          .02(1)(b)1.(i)(II) and
                                                                                          1200-3-10-
                                                                                          .02(1)(b)1.(i)(III)
                                                                                          remain in the SIP with
                                                                                          a state effective date
                                                                                          of February 5, 2013.
 
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[FR Doc. 2024-09729 Filed 5-10-24; 8:45 am]
BILLING CODE 6560-50-P