81 FR 49201 - Air Plan Approval; TN: Revisions to Logs and Reports for Startups, Shutdowns and Malfunctions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range		49201-49204
FR Document		2016-17715
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on September 25, 2013. The SIP submittal includes a change to the TDEC regulation ``Logs and Reports.'' EPA is proposing to approve this SIP revision because it is consistent with the Clean Air Act (CAA or Act) and federal regulations governing SIPs.
Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016)
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Proposed Rules]
[Pages 49201-49204]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17715]



[[Page 49201]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0403; FRL-9949-61-Region 4]


Air Plan Approval; TN: Revisions to Logs and Reports for 
Startups, Shutdowns and Malfunctions

AGENCY: Environmental Protection Agency.

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 Tennessee Department of Environment and 
Conservation (TDEC), on September 25, 2013. The SIP submittal includes 
a change to the TDEC regulation ``Logs and Reports.'' EPA is proposing 
to approve this SIP revision because it is consistent with the Clean 
Air Act (CAA or Act) and federal regulations governing SIPs.

DATES: Comments must be received on or before August 26, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0403 at http://www.regulations.gov. Follow the online 
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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. EPA's Action

A. What action is EPA proposing today?

    On September 25, 2013, TDEC submitted a change to the Tennessee 
rules to EPA for approval and incorporation into the Tennessee SIP. 
Specifically, the submittal includes a change to remove the existing 
text of subparagraph (2) from Tennessee Air Pollution Control 
Regulation (TAPCR) Rule 1200-3-20-.04, ``Logs and Reports,'' and 
replace it with the word ``Reserved.'' Existing subparagraph (2) 
provides that all sources located in or having a significant impact on 
a nonattainment area submit a quarterly report to the Technical 
Secretary of Tennessee's Air Pollution Control Board that (1) 
identifies periods of startups, shutdowns, and/or malfunctions (SSM 
events) that result in an exceedance of an emission limitation, (2) 
estimates the excess emissions released during such SSM events, and (3) 
provides total source emissions where such emissions are not otherwise 
required to be reported under Tennessee Air Pollution Control 
Regulations (TAPCR) Chapters 1200-3-10-.02 or 1200-3-16. EPA is 
proposing to approve Tennessee's September 25, 2013, SIP revision 
because the proposed revision is consistent with the requirements of 
the CAA and federal regulations governing SIPs.

B. EPA's Analysis of the September 25, 2013, Submittal

    Section 110(a)(2)(A) of the Act requires SIP provisions such as 
emission limitations to be enforceable, and sections 110(a)(2)(F)(i) 
and (F)(ii) require plans to contain certain types of provisions 
related to emissions monitoring and reporting, as prescribed by the 
Administrator. Accordingly, 40 CFR part 51, subpart K, ``Source 
Surveillance,'' requires a SIP to provide for monitoring the status of 
compliance with the regulations in it, including ``legally enforceable 
procedures'' for recordkeeping and reporting. See 40 CFR 51.211. Such 
recordkeeping and reporting must include ``[i]nformation on the nature 
and amount of emissions from the stationary sources'' and ``[o]ther 
information as may be necessary to enable the state to determine 
whether the sources are in compliance with the applicable portions of 
the control strategy.'' Id. Furthermore, 40 CFR part 51, appendix V, 
Criteria for Determining the Completeness of Plan Submissions, states 
in section 2.2 that complete SIPs must contain: ``(g) Evidence that the 
plan contains emission limitations, work practice standards and 
recordkeeping/reporting requirements, where necessary, to ensure 
emission levels;'' and ``(h) Compliance/enforcement strategies, 
including how compliance will be determined in practice.''
    In support of its proposed SIP revision, TDEC explains in its 
September 25, 2013, submittal that it considers the existing quarterly 
reporting requirement to be outdated in light of more recently enacted 
federal regulations requiring less frequent reporting. TDEC 
specifically points to EPA's 1999 rulemaking that reduced the required 
reporting frequency under the General Provisions for 40 CFR parts 60, 
61, and 63 from quarterly to semi-annually. See ``Recordkeeping and 
Reporting Burden Reduction,'' 64 FR 7458 (February 12, 1999). In 
addition, TDEC notes that major sources are now subject to title V 
operating permit program reporting requirements, which TDEC contends 
makes TDEC's quarterly reporting requirement unnecessary for title V 
sources. In particular, TDEC explains that the title V program requires 
sources to submit a report identifying all deviations from permit 
requirements every six months, and to submit an annual compliance 
certification. TDEC explains that the current quarterly reporting 
requirement in Tennessee's SIP prevents Tennessee sources from availing 
themselves of the less burdensome reporting requirements under more 
recently enacted federal regulations. Furthermore, TDEC contends that 
eliminating the quarterly reporting requirement will have no impact on 
the emissions of any air pollutant.
1. Impact of the Proposed SIP Revision on Reporting Obligations for 
Major Sources
    Even if EPA approves Tennessee's request to remove the reporting 
requirements at TAPCR Rule 1200-3-20-.04(2) from Tennessee's SIP, major 
sources will continue to be subject to the title V reporting 
requirements, as well as other emissions reporting requirements in 
Tennessee's SIP. Regarding title V reporting requirements, Tennessee 
has an EPA-approved title V operating permits program and TDEC is the 
permitting authority. See ``Clean Air Act Final Full Approval of 
Operating Permit Programs; Tennessee and Memphis-Shelby County,'' 66 FR 
56996 (November 14, 2001). As TDEC notes, title V requires

[[Page 49202]]

sources to submit reports of any required monitoring at least every six 
months. See 40 CFR 70.6(a)(3)(iii)(A). All instances of deviations from 
permit requirements, including excess emissions during SSM events, must 
be clearly identified in such reports. Id. TDEC adopted this 
requirement into its federally approved title V operating permits 
program at TAPCR Rule 1200-3-9-.02(11)(e)1(iii)(III)I. In addition, 
emissions during SSM events that exceed applicable emission limits must 
be taken into account in the annual compliance certification required 
by the title V program. See 40 CFR 70.6(c)(5) and TAPCR 1200-3-
9-.02(11)(e)3(v).
    The title V operating permits program also requires ``[p]rompt 
reporting of deviations from permit requirements, including those 
attributable to upset conditions as defined in the permit, the probable 
cause of such deviations, and any corrective actions or preventative 
measures taken.'' See 40 CFR 70.6(a)(3)(iii)(B). The permitting 
authority is to define ``prompt'' in relation to the degree and type of 
deviation likely to occur and the applicable requirements. Id. Since 
individual permitting authorities are responsible for having programs 
to attain and/or maintain air quality within their geographical 
boundaries, they are obligated under the title V operating permits 
program to determine, among other things, what constitutes a prompt 
notification of a deviation from permit requirements. TDEC incorporates 
this prompt reporting requirement into its major source operating 
program at TAPCR 1200-3-9-.02(11)(e)1(iii)(III)II, which defines 
``prompt reporting'' by reference to TAPCR Rule 1200-3-20-.03 
(generally requiring reporting ``within 24 hours'').
    In addition to the title V reporting requirements, Tennessee's SIP 
authorizes the Tennessee Air Pollution Control Board's Technical 
Secretary to require enhanced reporting as needed to verify that a 
``major stationary source'' is operating in compliance with applicable 
requirements. See TAPCR Chapter 1200-3-10-.04(2) (``The Technical 
Secretary is authorized to require by permit condition any periodic or 
enhanced monitoring, recording and reporting that he deems necessary 
for the verification of the source's compliance with the applicable 
requirements as defined in 1200-3-9-.02(11).''). Likewise, Tennessee's 
SIP at TAPCR Rule 1200-3-10-.02, ``Monitoring of Source Emissions, 
Recording, Reporting of the Same are Required,'' at paragraph (1)(a) 
states: ``The Technical Secretary may require the owner or operator of 
any air contaminant source discharging air contaminants . . . to . . . 
make periodic emission reports as required in paragraph (2).'' 
Paragraph (2)(a) clarifies that ``[r]ecords and reports as the 
Technical Secretary shall prescribe,'' must be collected and submitted. 
Finally, TAPCR Rule 1200-3-20-.08, ``Special Reports Required,'' states 
that the Technical Secretary ``may require any air contaminant source 
to submit a report within thirty (30) days after the end of each 
calendar quarter'' containing dates and details of any SSM events and 
resultant emissions in excess of applicable limitations. Thus, the SIP 
contains provisions that allow TDEC to collect more frequent quarterly 
reports similar to those in TAPCR 1200-3-20-.04(2) when deemed 
necessary to determine a source's compliance with applicable 
requirements. It is also important to note that TAPCR 1200-3-20-.04(1) 
remains in effect, requiring sources to collect and maintain records 
regarding SSM events and resultant excess emissions.
    With respect to TDEC's request to remove the requirement in TAPCR 
Rule 1200-3-20-.04(2) that sources located in or impacting 
nonattainment areas report total emissions (if such reports are not 
otherwise required), EPA notes that other federal reporting 
requirements would ensure that similar emissions information is 
reported on a regular basis. Specifically, EPA's Air Emissions 
Reporting Requirements (AERR), set forth at Subpart A to 40 CFR part 
51, specify that the state must submit triennial reports of annual (12-
month) emissions for all sources and every-year reports of annual 
emissions of criteria air pollutants and their precursors for all major 
sources as well as annual emissions reporting from certain larger 
sources, as outlined in Appendix A to Subpart A. While the reporting 
requirement that TDEC proposes to remove from its SIP applies only to 
sources located in or impacting nonattainment areas, the AERR applies 
to all major sources located in all areas, regardless of attainment 
status. Specifically, under the AERR, if a source is considered a major 
source under 40 CFR part 70 for one criteria air pollutant or precursor 
pollutant, then the state must report all emissions of criteria air 
pollutants and precursors for that source. TDEC implements the AERR by 
collecting reports of annual emissions from sources in June of each 
year, depending on whether the triennial or annual report applies, and 
then compiling and submitting the information to EPA's emissions 
inventory system. On its Web site, TDEC outlines the thresholds, 
timeframes, and structure of these emissions reports, citing the AERR 
and a statute at Tennessee Code Annotated Section 68-201-105(b)(2), 
which gives the Division of Air Pollution Control the authority to 
``[r]equire that any person furnish the department information required 
by it in discharge of its duties under this part, if the department has 
reason to believe such person is, or may be about to, causing or 
contributing to air pollution.'' See https://tn.gov/environment/article/apc-emissions-inventory-reporting-requirements. TDEC also 
informs sources at this web address that failure to submit the reports 
by the applicable deadline may result in enforcement pursuant to this 
statute. See also SIP Rule TAPCR 1200-3-10-.02(1)(a) (authorizing the 
Technical Secretary to require submittal of periodic emissions 
reports).
2. Impact of the Proposed SIP Revision on Reporting Obligations for 
Minor Sources
    There are two types of minor sources of air pollution: ``true 
minors'' and ``synthetic minors.'' ``Synthetic minors'' are sources 
that restrain their ``potential to emit'' to a level that is below the 
major source applicability threshold through the use of emissions 
control, restriction on hours of operation, or other means. See SIP 
Rule TAPCR 1200-3-9-.02(11)(a) (authorizing a source to opt out of 
major source requirements by taking an enforceable limit on its 
potential to emit). See also SIP Rule TAPCR 1200-3-9-.01(b)(5) 
(defining ``potential to emit''). ``True minors'' are sources for which 
potential emissions are below the major source thresholds, even 
assuming no emission controls and unlimited hours of operation. See SIP 
Rule TAPCR 1200-3-9-.01(b)(5). If EPA finalizes approval of the 
proposed SIP revision, the effects will be different for these 
different types of minor sources.
    Synthetic minor sources, in accordance with TAPCR 1200-3-
9-.02(11)(a), are subject to an enforceable limit restricting potential 
to emit and must implement ``detailed monitoring, reporting and 
recordkeeping requirements that prove the source is abiding by its more 
restrictive emission and/or production limits.'' EPA approved 
Tennessee's request to incorporate TAPCR 1200-3-9-.02(11)(a) into the 
Tennessee SIP on February 13, 1997. 62 FR 6724. Accordingly, 
Tennessee's synthetic minor emission limits are federally enforceable. 
Id. In

[[Page 49203]]

practice \1\, TDEC's synthetic minor permits require (1) prompt 
reporting of any non-compliance with permit conditions designed to 
restrict ``potential to emit'' below the major source level (the 
``synthetic minor limit''), (2) submission of an annual compliance 
certification supported by records documenting the facility's 
compliance with its synthetic minor limit, and (3) reporting of excess 
emissions due to malfunctions in accordance with TAPCR Chapter 1200-3-
20-.03. Thus, synthetic minor sources would remain subject to reporting 
requirements even if EPA approves TDEC's request to remove the 
reporting requirements in TAPCR Rule 1200-3-20-.04 from Tennessee's 
SIP.
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    \1\ Tennessee's ``synthetic minor'' permits are classified as 
``conditional major'' permits, and can be found along with 
compliance reports and notices of violation in the public database 
at the following Web site: https://tdec.tn.gov/tdec_online/Home.aspx. TAPCR 1200-3-9-.02(11)(a) also requires that these types 
of permits are made available for public comment and hearing.
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    Due to their relatively small amount of emissions, true minor 
sources are subject to significantly fewer emissions-related reporting 
obligations than major or synthetic minor sources. There is no general 
federal requirement for true minor sources to directly report their 
emissions to the state or to EPA. However, the CAA and federal 
regulations do require source-specific emissions reporting for true 
minor sources under certain circumstances. Specifically, for areas 
designated as marginal-or-above nonattainment for the ozone NAAQS, any 
source emitting 25 tons per year or more of nitrogen oxides 
(NOX) or volatile organic compounds (VOCs) (both precursors 
to ozone formation) must report total emissions annually in accordance 
with the emissions statement requirement of CAA section 182(a)(3)(B). 
EPA approved Tennessee's regulation at TAPCR 1200-3-18-.02(8) into the 
SIP to satisfy the emissions statement reporting requirement for the 
2008 ozone NAAQS on March 5, 2015. See 80 FR 11887.
    Emissions from true minor sources also are captured to some extent 
by the AERR. Specifically, under the AERR, Tennessee must compile minor 
source emissions data and periodically submit that data to EPA for 
inclusion in the EPA's National Emissions Inventory. The rule requires 
triennial reports of VOC emissions in ``serious,'' ``severe,'' and 
``extreme'' ozone nonattainment areas for sources that emit greater 
than or equal to 50 tons per year, 25 tons per year and 10 tons per 
year, respectively. See Appendix A to 40 CFR 51, Subpart A. The AERR 
also provides for reporting of emissions of particulate matter with a 
diameter of 10 micrometers or less (PM10) that are greater 
than or equal to 70 tons per year in any area designated as ``serious'' 
nonattainment for PM10. Id. In addition, the AERR provides 
for reporting of lead emissions greater than or equal to 0.5 tons per 
year, regardless of an area's attainment status with respect to the 
lead NAAQS. Id. Other than under these specific circumstances, the AERR 
instructs states to treat minor sources as ``nonpoint sources'' in the 
triennial emissions inventories (see 40 CFR 51.20), meaning that the 
emissions inventories ``collectively represent individual sources that 
have not been inventoried as specific point or mobile sources,'' 40 CFR 
51.50. The AERR goes on to explain: ``These individual sources treated 
collectively as nonpoint sources are typically too small, numerous, or 
difficult to inventory using the methods for the other classes of 
sources.'' Id. Accordingly, these nonpoint sources are generally 
estimated and aggregated within source classification codes on a 
county-level resolution rather than individual source emissions, in 
accordance with 40 CFR 51.20(d).
    Subsequent to the September 25, 2013, submittal, TDEC submitted a 
memorandum that addressed true minor sources. In that memorandum, 
Tennessee highlighted the Technical Secretary's authority under 1200-3-
10-.02(1)(a) to collect reports from ``any air contaminant source.'' 
TDEC notes that if there were a reason to think a true minor source was 
impacting air quality standards, the Division of Air Pollution Control 
could collect these reports of emissions. This memorandum is included 
in the Docket for today's proposed action.
3. EPA's Evaluation the Effect of the Requested SIP Revision on TDEC's 
Ability To Determine Whether Sources are Operating in Compliance With 
the SIP
    In light of the combination of federal reporting requirements, 
reporting requirements under Tennessee's SIP, and Tennessee's authority 
to request additional information on source emissions when necessary, 
EPA proposes to find that Tennessee's September 25, 2013, SIP revision 
would not impair Tennessee's ability to determine the nature and amount 
of emissions from both major and minor sources and whether such sources 
are operating in compliance with Tennessee's SIP. Accordingly, EPA's 
proposed approval of Tennessee's September 25, 2013, SIP revision is 
consistent with the minimum SIP requirements pertaining to 
enforceability and emissions reporting, including the ``Source 
Surveillance'' requirements specified at 40 CFR 51.211.

C. Section 110(l) and Section 193 Relaxation Considerations

    As discussed above, before the removal of this paragraph, sources 
were required to report excess emissions during SSM events, as well as 
total emissions, each calendar quarter. If this provision is removed 
from the SIP, the requisite reporting from major sources and synthetic 
minor sources generally will be less frequent, and emissions from true 
minor sources generally will be accounted for only in aggregate for 
periodic AERR reporting from the state (unless TDEC exercises its 
authority to request submittal of additional emissions information). 
The effect of less frequent, or less overall required reporting 
constitutes a potential SIP relaxation. Section 110(l) of the Act 
provides that ``the Administrator shall not approve a revision of a 
plan if the revision would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of this Act.'' 
Accordingly, if provisions are removed from the federally approved SIP, 
states must provide a noninterference demonstration pursuant to section 
110(l) of the Act.
    Additionally, section 193 of the Act, the general savings clause, 
states: ``No control requirement in effect, or required to be adopted 
by an order, settlement agreement, or plan in effect before the date of 
the enactment of the [CAA] Amendments of 1990 in any area which is a 
nonattainment area for any air pollutant may be modified . . . unless 
the modification insures equivalent or greater emission reductions of 
such air pollutant.'' Tennessee's September 25, 2013, SIP revision 
would revise a regulation that was approved into Tennessee's SIP in 
1980 and that impacts requirements applicable to sources located in or 
having a significant impact on air quality in a nonattainment area. See 
45 FR 8004 (February 6, 1980). Therefore, section 193 must be addressed 
to insure that no controls in a nonattainment area are removed or 
modified from the SIP without equivalent or greater emission 
reductions.
    Tennessee originally provided a brief section 110(l) and section 
193 analysis in the response to public comments section of the final 
September 25, 2013, submittal to account for the relaxation of 
emissions reporting requirements.

[[Page 49204]]

Subsequently, on July 16, 2015, Tennessee provided EPA with a 
clarifying memorandum that expanded the State's explanation for the 
rule change and why the revision would not impact air quality. This 
memorandum is available in the Docket for today's proposed action. In 
the final September 25, 2013, submittal and in the July 16, 2015, 
memorandum, Tennessee declares that the proposed SIP revision will have 
no effect on any applicable requirement concerning attainment, and 
reasonable further progress toward attainment and maintenance of the 
NAAQS, thereby addressing section 110(l) of the Act. Tennessee further 
contends that the proposed SIP revision is consistent with section 193 
of the Act because it does not address any emissions reduction or 
emissions control requirement and will have no effect on the emissions 
of any air pollutant.
    EPA preliminarily concludes that removal of the quarterly reporting 
requirement at TAPCR Rule 1200-3-20-.04 from Tennessee's SIP will not 
result in an increase in emissions of any air pollutant and therefore 
will not impact attainment, reasonable further progress toward 
attainment, or maintenance of the NAAQS. While the proposed SIP 
revision reduces emissions reporting obligations, SIP emission limits 
remain unchanged. Furthermore, as discussed above, the array of 
reporting requirements that will remain in effect, including title V 
reporting requirements, SIP reporting requirements, emissions reporting 
required by the State pursuant to the AERR, and additional reporting as 
the State deems necessary, will provide Tennessee with sufficient 
information to ensure that sources operate in compliance with 
applicable emission limits. Therefore, EPA is proposing to find that 
Tennessee's September 25, 2013, SIP revision is consistent with the 
requirements of both sections 110(l) and 193 of the Act.

D. SSM SIP Call Considerations

    In this action, EPA is not proposing to approve or disapprove 
revisions to any existing emission limitations that apply during SSM 
events. EPA notes that on June 12, 2015, the Agency published a formal 
finding that a number of states have SIPs with SSM provisions that are 
contrary to the CAA and existing EPA guidance. See 80 FR 33840. 
Accordingly, EPA issued a formal ``SIP call'' requiring the affected 
states to make a SIP submission to correct the deficient SSM 
regulations. Id. In that final action, EPA determined that TAPCR 
Chapter 1200-3-20 has provisions that are contrary to the CAA, 
specifically paragraph (1) of Rule 1200-3-20-.07, ``Report Required 
upon the Issuance of Notice of Violation.'' As today's proposed action 
only deals with the deletion of a separate reporting requirement which 
is reasonably covered by other requirements, and does not impact the 
provision of the Tennessee Rule implicated in the SSM SIP call, this 
proposed action does not contradict the finding of inadequacy regarding 
Tennessee's Rule 1200-3-20-.07(1).

II. Incorporation by Reference

    In this rule, 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, EPA is proposing to incorporate by 
reference the TDEC Rule 1200-3-20-.04, entitled ``Logs and Reports,'' 
effective June 19, 2013, which removed a quarterly reporting 
requirement for total emissions and for excess emissions during SSM. 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the Region 4 office (see the ADDRESSES section of this preamble 
for more information).

III. Proposed Action

    EPA is proposing to approve the September 25, 2013, Tennessee SIP 
revision consisting of removing and reserving paragraph (2) of Rule 
1200-3-20-.04, ``Logs and Reports'' because it is consistent with the 
CAA and federal regulations governing SIPs.

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. Accordingly, this 
proposed 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 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 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, Incorporation by reference, Reporting and 
recordkeeping requirements.

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

    Dated: July 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-17715 Filed 7-26-16; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules 49201

ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. Mr. Akers Determining the Completeness of Plan
AGENCY can be reached by telephone at (404) Submissions, states in section 2.2 that
562–9089 or via electronic mail at complete SIPs must contain: ‘‘(g)
40 CFR Part 52 akers.brad@epa.gov. Evidence that the plan contains
[EPA–R04–OAR–2015–0403; FRL–9949–61– SUPPLEMENTARY INFORMATION: emission limitations, work practice
Region 4] standards and recordkeeping/reporting
I. EPA’s Action requirements, where necessary, to
Air Plan Approval; TN: Revisions to A. What action is EPA proposing today? ensure emission levels;’’ and ‘‘(h)
Logs and Reports for Startups, Compliance/enforcement strategies,
On September 25, 2013, TDEC
Shutdowns and Malfunctions including how compliance will be
submitted a change to the Tennessee
determined in practice.’’
AGENCY: Environmental Protection rules to EPA for approval and In support of its proposed SIP
Agency. incorporation into the Tennessee SIP. revision, TDEC explains in its
Specifically, the submittal includes a September 25, 2013, submittal that it
ACTION: Proposed rule.
change to remove the existing text of considers the existing quarterly
SUMMARY: The Environmental Protection subparagraph (2) from Tennessee Air reporting requirement to be outdated in
Agency (EPA) is proposing to approve a Pollution Control Regulation (TAPCR) light of more recently enacted federal
State Implementation Plan (SIP) Rule 1200–3–20–.04, ‘‘Logs and regulations requiring less frequent
revision submitted by the State of Reports,’’ and replace it with the word reporting. TDEC specifically points to
Tennessee, through the Tennessee ‘‘Reserved.’’ Existing subparagraph (2) EPA’s 1999 rulemaking that reduced the
Department of Environment and provides that all sources located in or required reporting frequency under the
Conservation (TDEC), on September 25, having a significant impact on a General Provisions for 40 CFR parts 60,
2013. The SIP submittal includes a nonattainment area submit a quarterly 61, and 63 from quarterly to semi-
change to the TDEC regulation ‘‘Logs report to the Technical Secretary of annually. See ‘‘Recordkeeping and
and Reports.’’ EPA is proposing to Tennessee’s Air Pollution Control Board Reporting Burden Reduction,’’ 64 FR
approve this SIP revision because it is that (1) identifies periods of startups, 7458 (February 12, 1999). In addition,
consistent with the Clean Air Act (CAA shutdowns, and/or malfunctions (SSM TDEC notes that major sources are now
or Act) and federal regulations events) that result in an exceedance of subject to title V operating permit
governing SIPs. an emission limitation, (2) estimates the program reporting requirements, which
DATES: Comments must be received on
excess emissions released during such TDEC contends makes TDEC’s quarterly
or before August 26, 2016. SSM events, and (3) provides total reporting requirement unnecessary for
source emissions where such emissions title V sources. In particular, TDEC
ADDRESSES: Submit your comments,
are not otherwise required to be explains that the title V program
identified by Docket ID No. EPA–R04– reported under Tennessee Air Pollution
OAR–2015–0403 at http:// requires sources to submit a report
Control Regulations (TAPCR) Chapters identifying all deviations from permit
www.regulations.gov. Follow the online 1200–3–10–.02 or 1200–3–16. EPA is
instructions for submitting comments. requirements every six months, and to
proposing to approve Tennessee’s submit an annual compliance
Once submitted, comments cannot be September 25, 2013, SIP revision
edited or removed from Regulations.gov. certification. TDEC explains that the
because the proposed revision is current quarterly reporting requirement
EPA may publish any comment received consistent with the requirements of the in Tennessee’s SIP prevents Tennessee
to its public docket. Do not submit CAA and federal regulations governing sources from availing themselves of the
electronically any information you SIPs. less burdensome reporting requirements
consider to be Confidential Business
B. EPA’s Analysis of the September 25, under more recently enacted federal
Information (CBI) or other information
2013, Submittal regulations. Furthermore, TDEC
whose disclosure is restricted by statute.
contends that eliminating the quarterly
Multimedia submissions (audio, video, Section 110(a)(2)(A) of the Act reporting requirement will have no
etc.) must be accompanied by a written requires SIP provisions such as impact on the emissions of any air
comment. The written comment is emission limitations to be enforceable, pollutant.
considered the official comment and and sections 110(a)(2)(F)(i) and (F)(ii)
should include discussion of all points require plans to contain certain types of 1. Impact of the Proposed SIP Revision
you wish to make. EPA will generally provisions related to emissions on Reporting Obligations for Major
not consider comments or comment monitoring and reporting, as prescribed Sources
contents located outside of the primary by the Administrator. Accordingly, 40 Even if EPA approves Tennessee’s
submission (i.e. on the web, cloud, or CFR part 51, subpart K, ‘‘Source request to remove the reporting
other file sharing system). For Surveillance,’’ requires a SIP to provide requirements at TAPCR Rule 1200–3–
additional submission methods, the full for monitoring the status of compliance 20–.04(2) from Tennessee’s SIP, major
EPA public comment policy, with the regulations in it, including sources will continue to be subject to
information about CBI or multimedia ‘‘legally enforceable procedures’’ for the title V reporting requirements, as
submissions, and general guidance on recordkeeping and reporting. See 40 well as other emissions reporting
making effective comments, please visit CFR 51.211. Such recordkeeping and requirements in Tennessee’s SIP.
http://www2.epa.gov/dockets/ reporting must include ‘‘[i]nformation Regarding title V reporting
commenting-epa-dockets. on the nature and amount of emissions requirements, Tennessee has an EPA-
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FOR FURTHER INFORMATION CONTACT: D. from the stationary sources’’ and approved title V operating permits
Brad Akers, Air Regulatory Management ‘‘[o]ther information as may be program and TDEC is the permitting
Section, Air Planning and necessary to enable the state to authority. See ‘‘Clean Air Act Final Full
Implementation Branch, Air, Pesticides determine whether the sources are in Approval of Operating Permit Programs;
and Toxics Management Division, U.S. compliance with the applicable portions Tennessee and Memphis-Shelby
Environmental Protection Agency, of the control strategy.’’ Id. Furthermore, County,’’ 66 FR 56996 (November 14,
Region 4, 61 Forsyth Street SW., 40 CFR part 51, appendix V, Criteria for 2001). As TDEC notes, title V requires

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49204 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Proposed Rules

Subsequently, on July 16, 2015, 3–20–.07, ‘‘Report Required upon the • is certified as not having a
Tennessee provided EPA with a Issuance of Notice of Violation.’’ As significant economic impact on a
clarifying memorandum that expanded today’s proposed action only deals with substantial number of small entities
the State’s explanation for the rule the deletion of a separate reporting under the Regulatory Flexibility Act (5
change and why the revision would not requirement which is reasonably U.S.C. 601 et seq.);
impact air quality. This memorandum is covered by other requirements, and does
• does not contain any unfunded
available in the Docket for today’s not impact the provision of the
proposed action. In the final September mandate or significantly or uniquely
Tennessee Rule implicated in the SSM
25, 2013, submittal and in the July 16, SIP call, this proposed action does not affect small governments, as described
2015, memorandum, Tennessee declares contradict the finding of inadequacy in the Unfunded Mandates Reform Act
that the proposed SIP revision will have regarding Tennessee’s Rule 1200–3–20– of 1995 (Pub. L. 104–4);
no effect on any applicable requirement .07(1). • does not have Federalism
concerning attainment, and reasonable implications as specified in Executive
further progress toward attainment and II. Incorporation by Reference
Order 13132 (64 FR 43255, August 10,
maintenance of the NAAQS, thereby In this rule, EPA is proposing to 1999);
addressing section 110(l) of the Act. include in a final EPA rule regulatory
Tennessee further contends that the • is not an economically significant
text that includes incorporation by regulatory action based on health or
proposed SIP revision is consistent with reference. In accordance with
section 193 of the Act because it does safety risks subject to Executive Order
requirements of 1 CFR 51.5, EPA is
not address any emissions reduction or 13045 (62 FR 19885, April 23, 1997);
proposing to incorporate by reference
emissions control requirement and will the TDEC Rule 1200–3–20–.04, entitled • is not a significant regulatory action
have no effect on the emissions of any ‘‘Logs and Reports,’’ effective June 19, subject to Executive Order 13211 (66 FR
air pollutant. 2013, which removed a quarterly 28355, May 22, 2001);
EPA preliminarily concludes that reporting requirement for total
removal of the quarterly reporting • is not subject to requirements of
emissions and for excess emissions Section 12(d) of the National
requirement at TAPCR Rule 1200–3–20– during SSM. EPA has made, and will
.04 from Tennessee’s SIP will not result Technology Transfer and Advancement
continue to make, these documents Act of 1995 (15 U.S.C. 272 note) because
in an increase in emissions of any air generally available electronically
pollutant and therefore will not impact application of those requirements would
through www.regulations.gov and/or in be inconsistent with the CAA; and
attainment, reasonable further progress hard copy at the Region 4 office (see the
toward attainment, or maintenance of ADDRESSES section of this preamble for • does not provide EPA with the
the NAAQS. While the proposed SIP more information). discretionary authority to address, as
revision reduces emissions reporting appropriate, disproportionate human
obligations, SIP emission limits remain III. Proposed Action health or environmental effects, using
unchanged. Furthermore, as discussed EPA is proposing to approve the practicable and legally permissible
above, the array of reporting September 25, 2013, Tennessee SIP methods, under Executive Order 12898
requirements that will remain in effect, revision consisting of removing and (59 FR 7629, February 16, 1994).
including title V reporting requirements, reserving paragraph (2) of Rule 1200–3–
SIP reporting requirements, emissions The SIP is not approved to apply on
20–.04, ‘‘Logs and Reports’’ because it is any Indian reservation land or in any
reporting required by the State pursuant
consistent with the CAA and federal other area where EPA or an Indian tribe
to the AERR, and additional reporting as
regulations governing SIPs. has demonstrated that a tribe has
the State deems necessary, will provide
Tennessee with sufficient information to IV. Statutory and Executive Order jurisdiction. In those areas of Indian
ensure that sources operate in Reviews country, the rule does not have tribal
compliance with applicable emission implications as specified by Executive
Under the CAA, the Administrator is
limits. Therefore, EPA is proposing to Order 13175 (65 FR 67249, November 9,
required to approve a SIP submission
find that Tennessee’s September 25, 2000), nor will it impose substantial
that complies with the provisions of the
2013, SIP revision is consistent with the direct costs on tribal governments or
requirements of both sections 110(l) and Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). preempt tribal law.
193 of the Act.
Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52
D. SSM SIP Call Considerations EPA’s role is to approve state choices,
In this action, EPA is not proposing to provided that they meet the criteria of Environmental protection,
approve or disapprove revisions to any the CAA. Accordingly, this proposed Incorporation by reference, Reporting
existing emission limitations that apply action merely approves state law as and recordkeeping requirements.
during SSM events. EPA notes that on meeting Federal requirements and does
Authority: 42 U.S.C. 7401 et seq.
June 12, 2015, the Agency published a not impose additional requirements
formal finding that a number of states beyond those imposed by state law. For Dated: July 15, 2016.
have SIPs with SSM provisions that are that reason, this proposed action: Heather McTeer Toney,
contrary to the CAA and existing EPA • Is not a significant regulatory action Regional Administrator, Region 4.
guidance. See 80 FR 33840. subject to review by the Office of [FR Doc. 2016–17715 Filed 7–26–16; 8:45 am]
Accordingly, EPA issued a formal ‘‘SIP Management and Budget under
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BILLING CODE 6560–50–P
call’’ requiring the affected states to Executive Orders 12866 (58 FR 51735,
make a SIP submission to correct the October 4, 1993) and 13563 (76 FR 3821,
deficient SSM regulations. Id. In that January 21, 2011);
final action, EPA determined that • does not impose an information
TAPCR Chapter 1200–3–20 has collection burden under the provisions
provisions that are contrary to the CAA, of the Paperwork Reduction Act (44
specifically paragraph (1) of Rule 1200– U.S.C. 3501 et seq.);

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Document Created: 2018-02-08 08:02:49
Document Modified: 2018-02-08 08:02:49
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before August 26, 2016.
Contact		D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or via electronic mail at [email protected]
FR Citation		81 FR 49201
CFR Associated		Environmental Protection; Incorporation by Reference and Reporting and Recordkeeping Requirements