81_FR_66784 81 FR 66596 - Air Plan Approval; Tennessee; Regional Haze Progress Report

81 FR 66596 - Air Plan Approval; Tennessee; Regional Haze Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 188 (September 28, 2016)

Page Range66596-66602
FR Document2016-23291

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 April 19, 2013. Tennessee's April 19, 2013, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). EPA is proposing to approve Tennessee's Progress Report on the basis that it addresses the progress report and adequacy determination requirements for the first implementation period for regional haze.

Federal Register, Volume 81 Issue 188 (Wednesday, September 28, 2016)
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Proposed Rules]
[Pages 66596-66602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0799; FRL-9953-17-Region 4]


Air Plan Approval; Tennessee; Regional Haze Progress Report

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 Tennessee Department of Environment and 
Conservation (TDEC) on April 19, 2013. Tennessee's April 19, 2013, SIP 
revision (Progress Report) addresses requirements of the Clean Air Act 
(CAA or Act) and EPA's rules that require each state to submit periodic 
reports describing progress towards reasonable progress goals (RPGs) 
established for regional haze and a determination of the adequacy of 
the state's existing SIP addressing regional haze (regional haze plan). 
EPA is proposing to approve Tennessee's Progress Report on the basis 
that it addresses the progress report and adequacy determination 
requirements for the first implementation period for regional haze.

DATES: Comments must be received on or before October 28, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0799 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: Michele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 
and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 66597]]

I. Background

    Under the Regional Haze Rule,\1\ each state was required to submit 
its first implementation plan addressing regional haze visibility 
impairment to EPA no later than December 17, 2007. See 40 CFR 
51.308(b). Tennessee submitted its regional haze plan on April 4, 2008, 
and like many other states subject to the Clean Air Interstate Rule 
(CAIR), relied on CAIR to satisfy best available retrofit technology 
(BART) requirements for emissions of sulfur dioxide (SO2) 
and nitrogen oxides (NOX) from electric generating units 
(EGUs) in the State. On April 24, 2012, EPA finalized a limited 
approval of Tennessee's April 4, 2008, regional haze plan as meeting 
some of the applicable regional haze requirements as set forth in 
sections 169A and 169B of the CAA and in 40 CFR 51.300-308.\2\ Also in 
this April 24, 2012, action, EPA finalized a limited disapproval of 
Tennessee's regional haze plan because of deficiencies arising from the 
State's reliance on CAIR to satisfy certain regional haze requirements. 
See 77 FR 24392. On June 7, 2012, EPA promulgated Federal 
Implementation Plans (FIPs) to replace reliance on CAIR with reliance 
on the Cross State Air Pollution Rule (CSAPR) to address deficiencies 
in CAIR-dependent regional haze plans of several states, including 
Tennessee's regional haze plan.\3\ See 77 FR 33642.
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    \1\ Located in 40 CFR part 51, subpart P.
    \2\ This April 24, 2012, action did not include the BART 
determination for Eastman Chemical Company (Eastman). On November 
27, 2012, EPA finalized approval of the BART requirements for 
Eastman that were provided in the April 4, 2008, regional haze SIP, 
as later modified and supplemented on May 14, 2012, and May 25, 2012 
(77 FR 70689).
    \3\ Although a number of parties challenged the legality of 
CSAPR and the D.C. Circuit initially vacated and remanded CSAPR to 
EPA in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 
2012), the United States Supreme Court reversed the D.C. Circuit's 
decision on April 29, 2014, and remanded the case to the D.C. 
Circuit to resolve remaining issues in accordance with the high 
court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most 
respects, and CSAPR is now in effect. EME Homer City Generation, 
L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015).
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    Each state is also required to submit a progress report in the form 
of a SIP revision every five years that evaluates progress towards the 
RPGs for each mandatory Class I Federal area within the state and for 
each mandatory Class I Federal area outside the state which may be 
affected by emissions from within the state. See 40 CFR 51.308(g). Each 
state is also required to submit, at the same time as the progress 
report, a determination of the adequacy of its existing regional haze 
plan. See 40 CFR 51.308(h). The first progress report is due five years 
after submittal of the initial regional haze plan.
    On April 19, 2013, as required by 40 CFR 51.308(g), TDEC submitted 
to EPA, in the form of a revision to Tennessee's SIP, a report on 
progress made towards the RPGs for Class I areas in the State and for 
Class I areas outside the State that are affected by emissions from 
sources within the State. This submission also includes a negative 
declaration pursuant to 40 CFR 51.308(h)(1) that the State's regional 
haze plan is sufficient in meeting the requirements of the Regional 
Haze Rule. EPA is proposing to approve Tennessee's Progress Report on 
the basis that it satisfies the requirements of 40 CFR 51.308(g) and 
51.308(h).

II. Requirements for the Regional Haze Progress Report and Adequacy 
Determination

A. Regional Haze Progress Report

    Under 40 CFR 51.308(g), states must submit a regional haze progress 
report as a SIP revision every five years and must address, at a 
minimum, the seven elements found in 40 CFR 51.308(g). As described in 
further detail in section III below, 40 CFR 51.308(g) requires: (1) A 
description of the status of measures in the approved regional haze 
plan; (2) a summary of emissions reductions achieved; (3) an assessment 
of visibility conditions for each Class I area in the state; (4) an 
analysis of changes in emissions from sources and activities within the 
state; (5) an assessment of any significant changes in anthropogenic 
emissions within or outside the state that have limited or impeded 
progress in Class I areas impacted by the state's sources; (6) an 
assessment of the sufficiency of the approved regional haze plan; and 
(7) a review of the state's visibility monitoring strategy.

B. Adequacy Determination of the Current Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to submit, at the same 
time as the progress report, a determination of the adequacy of their 
existing regional haze plan and to take one of four possible actions 
based on information in the progress report. As described in further 
detail in section III below, 40 CFR 51.308(h) requires states to: (1) 
Submit a negative declaration to EPA that no further substantive 
revision to the state's existing regional haze plan is needed; (2) 
provide notification to EPA (and to other state(s) that participated in 
the regional planning process) if the state determines that its 
existing regional haze plan is or may be inadequate to ensure 
reasonable progress at one or more Class I areas due to emissions from 
sources in other state(s) that participated in the regional planning 
process, and collaborate with these other state(s) to develop 
additional strategies to address deficiencies; (3) provide notification 
with supporting information to EPA if the state determines that its 
existing regional haze plan is or may be inadequate to ensure 
reasonable progress at one or more Class I areas due to emissions from 
sources in another country; or (4) revise its regional haze plan to 
address deficiencies within one year if the state determines that its 
existing regional haze plan is or may be inadequate to ensure 
reasonable progress in one or more Class I areas due to emissions from 
sources within the state.

III. What is EPA's Analysis of Tennessee's Regional Haze Progress 
Report and Adequacy Determination?

    On April 19, 2013, TDEC submitted a revision to Tennessee's 
regional haze plan to address progress made towards the RPGs for Class 
I areas in the State and for Class I areas outside the State that are 
affected by emissions from sources within Tennessee. This submittal 
also includes a determination of the adequacy of the State's existing 
regional haze plan. Tennessee has two Class I areas within its borders: 
Great Smoky Mountains National Park and Joyce Kilmer-Slickrock 
Wilderness Area. These areas are located partially in North Carolina 
and Tennessee. In its regional haze plan, the State also identified, 
through an area of influence modeling analysis based on back 
trajectories, four Class I areas in three neighboring states 
potentially impacted by Tennessee sources: Cohutta Wilderness Area in 
Georgia; Mammoth Cave National Park in Kentucky; and Linville Gorge and 
Shining Rock Wilderness areas in North Carolina. See 76 FR 33662, 33683 
(June 9, 2011).

A. Regional Haze Progress Report SIPs

    The following sections summarize: (1) Each of the seven elements 
that must be addressed by a progress report under 40 CFR 51.308(g); (2) 
how Tennessee's Progress Report addressed each element; and (3) EPA's 
analysis and proposed determination as to whether the State satisfied 
each element.
1. Status of Control Measures
    40 CFR 51.308(g)(1) requires a description of the status of 
implementation of all measures included in the regional haze plan for

[[Page 66598]]

achieving RPGs for Class I areas both within and outside the state.
    The State evaluated the status of measures included in its 2008 
regional haze plan in accordance with 40 CFR 51.308(g)(1). 
Specifically, in its Progress Report, Tennessee summarizes the status 
of the emissions reduction measures that were included in the final 
iteration of the Visibility Improvement State and Tribal Association of 
the Southeast (VISTAS) regional haze emissions inventory and RPG 
modeling used by the State in developing its regional haze plan. The 
measures include, among other things, applicable federal programs 
(e.g., mobile source rules, Maximum Achievable Control Technology 
standards), federal consent agreements, and federal and state control 
strategies for EGUs.
    The State also discusses the status of several measures that were 
not included in the final VISTAS emissions inventory and were not 
relied upon in the initial regional haze plan to meet RPGs, including 
EPA's Mercury and Air Toxics Rule and a 2011 federal consent agreement 
with the Tennessee Valley Authority (TVA). The State notes that the 
emissions reductions from these measures will help ensure that Class I 
areas impacted by Tennessee sources achieve their RPGs.
    Although Tennessee determined in its regional haze SIP that no 
additional controls for sources in the State were necessary to obtain 
reasonable progress during the first implementation period, Tennessee's 
Progress Report identifies six out-of-state sources located in the area 
of influence of one or more of Tennessee's Class I areas using the 
State's methodology for determining sources eligible for a reasonable 
progress control determination. These six sources were evaluated by 
their respective states for reasonable progress. The Progress Report 
summarizes the reasonable progress control determinations made for 
these six facilities (five facilities consisting of 12 EGUs, one non-
EGU facility) in the surrounding States of Alabama, Georgia, North 
Carolina, and South Carolina and, where applicable, provides a status 
of the required controls. Of the 12 EGUs at five facilities in these 
states, nine EGUs already have scrubbers installed and three EGUs 
located in South Carolina were retired.\4\
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    \4\ See Tennessee Progress Report narrative, Table 2-5, page 26.
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    In addition, the State provides an update on the status of EGUs in 
Tennessee identified by the states of Maine, New Jersey, New Hampshire 
and Vermont as contributing to visibility impairment at the following 
Class I areas located in those states based on 2002 emissions: Acadia 
National Park (ME), Great Gulf Wilderness Area and Presidential Range--
Dry River Wilderness Area (NH), Lye Brook Wilderness Area (VT), and 
Brigantine Wilderness Area (NJ)). These states are members of the Mid-
Atlantic/Northeast Visibility Union (MANE-VU), which identified 167 EGU 
``stacks,'' five of which are in Tennessee, as contributing 
significantly to visibility impairment at MANE-VU Class I areas in 
2002. The five Tennessee EGU stacks identified by MANE-VU are located 
at TVA's Gallatin, John Sevier, Johnsonville, and Kingston plants. 
MANE-VU asked Tennessee to control the SO2 emissions from 
these EGUs with a 90 percent control efficiency and to adopt a control 
strategy to provide a 28 percent reduction in SO2 emissions 
from non-EGU emission sources that would be equivalent to MANE-VU's 
proposed low sulfur residential fuel oil strategy.
    Tennessee summarizes in its Progress Report its February 20, 2008, 
response to the four MANE-VU states' letters at the time of the State's 
regional haze SIP development, indicating that the control schedule for 
the five identified EGU stacks is reasonable and adequately limits the 
emissions of SO2 for visibility impairment purposes. See 
Table 1 below.

       Table 1--Tennessee EGU Stacks Identified by MANE-VU States
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                                       Tennessee's February 20, 2008,
            Plant name                            response
------------------------------------------------------------------------
TVA Gallatin......................  This plant uses low-sulfur fuel at
                                     an emission rate of 0.61 lbs SO2/
                                     mmBtu.
TVA John Sevier...................  TVA has announced plans to install
                                     flue gas desulfurization (FGD) by
                                     2012.
TVA Johnsonville..................  This plant is burning a low-sulfur
                                     fuel (1.5 lbs SO2/mmBtu) with TVA
                                     performing testing to determine the
                                     viability of lower sulfur coal with
                                     the objective of going to 0.9 lbs
                                     SO2/mmBtu before 2015.
TVA Kingston......................  FGD is being installed on this stack
                                     with a construction complete date
                                     scheduled for 2010.
TVA Kingston......................  FGD is being installed on this stack
                                     with a construction complete date
                                     scheduled for 2010.
------------------------------------------------------------------------

    As part of its Progress Report, Tennessee notes that these EGU 
stacks are either currently controlled with low sulfur coal or 
scrubbers with a 95 percent SO2 control efficiency, are 
shutdown, or are scheduled for shutdown by 2017.\5\ Tennessee notes 
that the requested EGU SO2 reductions are exceeded through 
improved removal efficiencies at these five EGUs, the shutdown of eight 
EGUs at the four TVA plants as of 2015, and the scheduled shutdown of 
an additional EGU by 2017, noting that additional reductions are 
expected for the remainder of the planning period. Tennessee also 
affirms that its Progress Report shows progress with reducing non-EGU 
SO2 emissions.
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    \5\ See Table 2-4 on pages 22-24 of Tennessee's Progress Report.
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    EPA proposes to find that Tennessee's analysis adequately addresses 
40 CFR 51.308(g)(1) for the reasons discussed below. The State 
documents the implementation status of measures from its regional haze 
plan in addition to describing additional measures not originally 
accounted for in the final VISTAS emissions inventory that came into 
effect since the VISTAS analyses for the regional haze plan were 
completed. Tennessee reviewed the status of BART requirements for the 
four BART-subject sources in the State: Alcoa--South Plant, DuPont--Old 
Hickory, Eastman Chemical Company, and TVA--Cumberland Fossil Plant. 
The State's Progress Report also provides detailed information on EGU 
control strategies in its regional haze plan and the status of existing 
and future expected controls for Tennessee's EGUs because, in its 
regional haze plan, Tennessee identified SO2 emissions from 
coal-fired EGUs as the key contributor to regional haze in the VISTAS 
region. In its regional haze plan, Tennessee determined that no 
additional controls of sources in the State were reasonable for the 
first implementation period. Additionally, the State summarizes the 
emissions controls included in the regional haze plan for Tennessee 
sources in the area of influence of other states' Class I areas and the 
status of these controls.

[[Page 66599]]

2. Emissions Reductions and Progress
    40 CFR 51.308(g)(2) requires a summary of the emissions reductions 
achieved in the state through the measures subject to 40 CFR 
51.308(g)(1).
    In its regional haze plan and Progress Report, Tennessee focuses 
its assessment on SO2 emissions from EGUs because of VISTAS' 
findings that ammonium sulfate accounted for more than 70 percent of 
the visibility-impairing pollution in the VISTAS states \6\ and that 
SO2 point source emissions are projected to represent more 
than 95 percent of the total SO2 emissions in the VISTAS 
states in 2018.\7\ As discussed in section III.A.5, below, Tennessee 
determined that sulfates continue to be the largest contributor to 
regional haze for Class I areas in the State.
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    \6\ Sulfate levels on the 20 percent worst days account for 60-
70 percent of the visibility impairment at both of Tennessee's Class 
I areas. For additional information, see Tennessee's April 4, 2008, 
regional haze plan at page 13.
    \7\ For additional information, see Tennessee's April 4, 2008, 
regional haze plan at page 81.
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    In its Progress Report, Tennessee presents SO2 emissions 
data for 33 EGUs at seven facilities in the State that were projected 
to have controls installed, or projected to retire, by 2018 in 
Tennessee's regional haze SIP. Actual SO2 emissions 
reductions from 2002 to 2011 for these Tennessee EGUs (199,568 tons per 
year (tpy)) are already close to the projected SO2 emissions 
reductions from 2002 to 2018 estimated in Tennessee's regional haze 
plan for these EGUs (207,540 tpy).\8\ Tennessee also includes 
SO2 and NOx emissions data from 2002-2010 for EGUs in 
Tennessee subject to reporting under the Acid Rain Program. This data 
shows a decline in these emissions over this time period and that the 
SO2 reductions are higher than those estimated for these 
units in the State's regional haze SIP between 2002-2018.
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    \8\ Table 2-4, page 31, and Appendix A of Tennessee's Progress 
Report.
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    EPA proposes to conclude that Tennessee has adequately addressed 40 
CFR 51.308(g)(2). As discussed above, the State provides estimates, and 
where available, actual emissions reductions of SO2 and 
NOX at EGUs in the State resulting from the measures relied 
upon in its regional haze plan. The State appropriately focused on 
SO2 emissions from its EGUs in its Progress Report because 
the State had previously identified these emissions as the most 
significant contributors to visibility impairment at Tennessee's Class 
I areas and those areas that Tennessee sources impact.
3. Visibility Progress
    40 CFR 51.308(g)(3) requires that states with Class I areas provide 
the following information for the most impaired and least impaired days 
for each area, with values expressed in terms of five-year averages of 
these annual values: \9\ (i) Current visibility conditions; (ii) the 
difference between current visibility conditions and baseline 
visibility conditions; and (iii) the change in visibility impairment 
over the past five years.
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    \9\ The ``most impaired days'' and ``least impaired days'' in 
the regional haze rule refers to the average visibility impairment 
(measured in deciviews) for the 20 percent of monitored days in a 
calendar year with the highest and lowest amount of visibility 
impairment, respectively, averaged over a five-year period. 40 CFR 
51.301.
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    Tennessee provides figures with visibility monitoring data that 
address the three requirements of 40 CFR 51.308(g)(3) for the State's 
two Class I areas. Tennessee reported current conditions as the 2006-
2010 five-year time period and used the 2000-2004 baseline period for 
its Class I areas.\10\ Table 2, below, shows the current visibility 
conditions and the difference between current visibility conditions and 
baseline visibility conditions. Table 3 shows the changes in visibility 
from 2006-2010 in terms of five-year averages.
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    \10\ For the first regional haze plans, ``baseline'' conditions 
were represented by the 2000-2004 time period. See 64 FR 35730 (July 
1, 1999). Joyce Kilmer-Slickrock Wilderness Area does not have a 
visibility monitor; therefore, visibility data from Great Smoky 
Mountains National Park is used for both areas given their 
proximity. For more information see 76 FR 33669.

     Table 2--Baseline Visibility, Current Visibility, and Visibility Changes in Class I Areas in Tennessee
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                                                  Baseline (2000- Current (2006-
                  Class I area                         2004)           2010)        Difference      RPG (2018)
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20% Worst Days:
    Great Smoky Mountains National Park.........            30.3            26.6            -3.7            23.5
    Joyce Kilmer-Slickrock......................            30.3            26.6            -3.7            23.5
20% Best Days:
    Great Smoky Mountains National Park.........            13.6            12.3            -1.3            12.1
    Joyce Kilmer-Slickrock......................            13.6            12.3            -1.3            12.1
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                          Table 3--Changes in 5-year Visibility Averages from 2006-2010
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          Class I area                 2006            2007            2008            2009            2010
----------------------------------------------------------------------------------------------------------------
20% Worst Days:
    Great Smoky Mountains                   30.4            30.6            29.8            28.5            26.6
     National Park..............
    Joyce Kilmer-Slickrock......            30.4            30.6            29.8            28.5            26.6
20% Best Days:
    Great Smoky Mountains                   13.3            13.2            13.1            12.4            12.3
     National Park..............
    Joyce Kilmer-Slickrock......            13.3            13.2            13.1            12.4            12.3
----------------------------------------------------------------------------------------------------------------

All Tennessee Class I areas saw an improvement in visibility between 
baseline and 2006-2010 conditions and an overall decline in the five-
year average visibility averages from 2006-2010.
    EPA proposes to conclude that Tennessee has adequately addressed 40 
CFR 51.308(g)(3) because the State provides the information regarding 
visibility conditions and visibility changes necessary to meet the 
requirements of the regulation. The Progress Report includes current 
conditions based on the Interagency Monitoring of Protected Visual 
Environments (IMPROVE) monitoring data for the years 2006-2010, the

[[Page 66600]]

difference between current visibility conditions and baseline 
visibility conditions, and the change in visibility impairment over the 
five-year period 2006-2010.
4. Emissions Tracking
    40 CFR 51.308(g)(4) requires an analysis tracking emission changes 
of visibility-impairing pollutants from the state's sources by type or 
category over the past five years based on the most recent updated 
emissions inventory.
    In its Progress Report, Tennessee presents data from a statewide 
actual emissions inventory for 2008 and compares this data to the 
baseline emissions inventory for 2002 (actual and typical emissions) 
from its regional haze plan. For the typical 2002 stationary point 
source emissions inventory, Tennessee adjusted the EGU emissions for a 
typical year so that if sources were shut down or operating above or 
below normal, the emissions are normalized to a typical emissions 
inventory year. The typical year data is used to develop projected 
typical future year emissions inventories. The pollutants inventoried 
include volatile organic compounds (VOC), ammonia (NH3) 
NOX, coarse particulate matter (PM10), fine 
particulate matter (PM2.5), and SO2. The 
emissions inventories include the following source classifications: 
Point, area, biogenics, non-road mobile, and on-road mobile sources.
    Tennessee includes the actual and typical emissions inventories 
from its regional haze plan for 2002, and summarizes emissions data 
from EPA's 2008 National Emissions Inventory (NEI).\11\ Tennessee's 
analysis shows that 2008 emissions are lower than both the actual and 
typical 2002 emissions.
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    \11\ The 2008 NEI data was the most recent NEI data available at 
the time that Tennessee submitted its Progress Report.
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    Tennessee estimated on-road mobile source emissions in the 2008 
inventory using the MOVES model. This model tends to estimate higher 
emissions for NOX and PM than its previous counterpart, the 
MOBILE6.2 model, used by the State to estimate on-road mobile source 
emissions for the 2002 inventories. Despite the change in methodology, 
a declining trend in all pollutants can be seen between 2002 and 2008 
when comparing Tables 4 and 5 to Table 6.

                                          Table 4--2002 Actual Emissions Inventory Summary for Tennessee (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Source category                            VOC             NOX            PM2.5           PM10             NH3             SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................          85,254         221,651          39,973          49,814           1,817         413,755
Area....................................................         153,509          17,936          42,925         212,972          34,412          29,942
On-Road Mobile..........................................         179,807         238,577           3,949           5,371           6,625           9,226
Non-Road Mobile.........................................          66,450          96,827           6,458           6,819              43          10,441
Biogenics...............................................         894,214          18,081               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       1,379,234         593,072          93,305         274,976          42,897         463,364
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 5--2002 Typical Emissions Inventory Summary for Tennessee (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Source category                            VOC             NOX            PM2.5           PM10             NH3             SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................          85,218         216,481          39,298          49,040           1,810         399,750
Area....................................................         153,783          18,061          43,410         213,538          34,439          29,977
On-Road Mobile..........................................         179,807         238,577           3,949           5,371           6,625           9,226
Non-Road Mobile.........................................          66,450          96,827           6,458           6,819              43          10,441
Biogenics...............................................         894,214          18,081               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       1,379,472         588,027          93,115         274,768          42,917         449,394
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 6--2008 Actual Emissions Inventory Summary for Tennessee (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Source category                            VOC             NOX            PM2.5           PM10             NH3             SO2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................          38,155         134,162          15,551          20,734           1,193         258,033
Area....................................................         104,305          43,388          46,672         194,631          34,898          65,026
On-Road Mobile..........................................          80,476         213,973           8,441          10,445           3,167           3,903
Non-Road Mobile.........................................          50,525          35,593           3,305           3,470              38             591
Biogenics...............................................         786,087          13,682               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       1,059,548         440,798          73,969         229,280          39,296         327,553
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA proposes to conclude that Tennessee has adequately addressed 40 
CFR 51.308(g)(4). Tennessee tracked changes in emissions of visibility-
impairing pollutants from 2002-2008 for all source categories and 
analyzed trends in emissions from 2002-2008, the most current quality-
assured data available for these units at the time of progress report 
development. While ideally the five-year period to be analyzed for 
emissions inventory changes is the time period since the current 
regional haze plan was submitted, there is an inevitable time lag in 
developing and reporting complete emissions inventories once quality-
assured emissions data becomes available. Therefore, EPA believes that 
there is some flexibility in the five-year time period that states can 
select.

[[Page 66601]]

5. Assessment of Changes Impeding Visibility Progress
    40 CFR 51.308(g)(5) requires an assessment of any significant 
changes in anthropogenic emissions within or outside the state that 
have occurred over the past five years that have limited or impeded 
progress in reducing pollutant emissions and improving visibility in 
Class I areas impacted by the state's sources.
    In its Progress Report, Tennessee documented that sulfates, which 
are formed from SO2 emissions, continue to be the biggest 
single contributor to regional haze for Class I areas in the State and 
therefore focused its analysis on large SO2 emissions from 
point sources. In addressing the requirements at 40 CFR 51.308(g)(5), 
Tennessee demonstrates that sulfate contributions to visibility 
impairment have decreased from 2006 to 2010 along with an improvement 
in visibility at Class I areas in Tennessee, and examines other 
potential pollutants of concern affecting visibility at these areas. 
The State presents data for the 20 percent worst days showing that 
ammonium sulfate is responsible for 74 percent of the regional haze at 
Tennessee's two Class I areas for the period 2006-2010, with primary 
organic matter as the next largest contributor at 12 percent. The State 
notes that there are no significant changes in anthropogenic emissions 
that have impeded progress in reducing emissions and improving 
visibility in Class I areas impacted by Tennessee sources. Furthermore, 
the Progress Report shows that the State is on track to meeting its 
2018 RPGs for Class I areas in Tennessee. For these reasons, EPA 
proposes to conclude that Tennessee's Progress Report has adequately 
addressed 40 CFR 51.308(g)(5).
6. Assessment of Current Strategy
    40 CFR 51.308(g)(6) requires an assessment of whether the current 
regional haze plan is sufficient to enable the state, or other states, 
to meet the RPGs for Class I areas affected by emissions from the 
state.
    The State believes that it is on track to meet the 2018 RPGs for 
the Tennessee Class I areas and will not impede Class I areas outside 
of Tennessee from meeting their RPGs based on the trends in visibility 
and emissions presented in its Progress Report. In its Progress Report, 
Tennessee provided reconstructed light extinction figures for the 20 
percent worst days for Great Smoky Mountains National Park for 2006 
through 2010, noting similar results at Joyce Kilmer Class I area. The 
20 percent worst days extinction clearly demonstrates that sulfates 
continue to be the largest contributor to visibility impairment at 
these Class I areas, with stationary point sources being the largest 
source of SO2 emissions in Tennessee. As identified in 
Tables 3-1 and 3-2 and Appendix A of the Progress Report, 
SO2 emissions from EGUs in Tennessee have decreased from 
2002 to 2011. Also, the emissions data provided in Table 3-1 of the 
Progress Report show a declining trend in NOX emissions from 
2002 to 2010 for EGUs in Tennessee. Tennessee also provides visibility 
data for the State's two Class I areas (Great Smoky Mountains National 
Park and Joyce Kilmer-Slickrock Wilderness Area) and the Class I areas 
potentially impacted by the State's sources (Cohutta Wilderness Area 
(Cohutta) in Georgia, Mammoth Cave National Park (Mammoth Cave) in 
Kentucky, and Linville Gorge and Shining Rock Wilderness Areas in North 
Carolina)) and notes that this data shows that these areas are on track 
to achieve their RPGs by 2018.\12\
---------------------------------------------------------------------------

    \12\ See pages 35-37 and 48-55 of Tennessee's Progress Report.
---------------------------------------------------------------------------

    EPA proposes to conclude that Tennessee has adequately addressed 40 
CFR 51.308(g)(6). EPA views this requirement as a qualitative 
assessment that should evaluate emissions and visibility trends and 
other readily available information, including expected emissions 
reductions associated with measures with compliance dates that have not 
yet become effective. In its assessment, the State references the 
improving visibility trends and the downward emissions trends in the 
State, with a focus on SO2 emissions from Tennessee EGUs. 
These trends support the State's determination that the State's 
regional haze plan is sufficient to meet RPGs for Class I areas within 
and outside the State impacted by Tennessee sources.
7. Review of Current Monitoring Strategy
    40 CFR 51.308(g)(7) requires a review of the state's visibility 
monitoring strategy and an assessment of whether any modifications to 
the monitoring strategy are necessary.
    Tennessee's Progress Report summarizes the existing monitoring 
network in the State to monitor visibility in Tennessee's Class I areas 
and concludes that no modifications to the existing visibility 
monitoring strategy are necessary. The primary monitoring network for 
regional haze, both nationwide and in Tennessee, is the IMPROVE 
network. There is currently one IMPROVE site in Tennessee which serves 
as the monitoring site for both the Great Smoky Mountains National Park 
and Joyce Kilmer-Slickrock Wilderness Area.
    The State also explains the importance of the IMPROVE monitoring 
network for tracking visibility trends at Class I areas in Tennessee. 
Tennessee states that data produced by the IMPROVE monitoring network 
will be used nearly continuously for preparing the 5-year progress 
reports and the 10-year SIP revisions, each of which relies on analysis 
of the preceding five years of data, and thus, the State notes that the 
monitoring data from the IMPROVE sites needs to be readily accessible 
and to be kept up to date. The Visibility Information Exchange Web 
System Web site has been maintained by VISTAS and the other Regional 
Planning Organizations to provide ready access to the IMPROVE data and 
data analysis tools.
    In addition to the IMPROVE measurements, some ongoing long-term 
limited monitoring supported by Federal Land Managers provides 
additional insight into progress toward regional haze goals. Tennessee 
benefits from the data from these measurements, but is not responsible 
for associated funding decisions to maintain these measurements into 
the future.
    In addition, TDEC and the local air agencies in the State operate a 
comprehensive PM2.5 network of the filter-based federal 
reference method monitors, continuous mass monitors, and filter-based 
speciated monitors. These PM2.5 measurements help the TDEC 
characterize air pollution levels in areas across the State, and 
therefore aid in the analysis of visibility improvement in and near the 
Class I areas in Tennessee.
    EPA proposes to conclude that Tennessee has adequately addressed 
the sufficiency of its monitoring strategy as required by 40 CFR 
51.308(g)(7). The State reaffirmed its continued reliance upon the 
IMPROVE monitoring network; assessed its entire visibility monitoring 
network, including additional continuous sulfate and PM2.5 
monitors, used to further understand visibility trends in the State; 
and determined that no changes to its monitoring strategy are 
necessary.

B. Determination of Adequacy of Existing Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to take one of four 
possible actions based on the information gathered and conclusions made 
in the progress report. The following section

[[Page 66602]]

summarizes: (1) The action taken by Tennessee under 40 CFR 51.308(h); 
(2) Tennessee's rationale for the selected action; and (3) EPA's 
analysis and proposed determination regarding the State's action.
    In its Progress Report, Tennessee took the action provided for by 
40 CFR 51.308(h)(1), which allows a state to submit a negative 
declaration to EPA if the state determines that the existing regional 
haze plan requires no further substantive revision at this time to 
achieve the RPGs for Class I areas affected by the state's sources. The 
basis for the State's negative declaration is the findings from the 
Progress Report, including the findings that: Visibility has improved 
at Class I areas in Tennessee and at Class I areas impacted by sources 
in Tennessee; overall emissions of visibility-impairing pollutants from 
the State's sources have decreased from 2002 to 2008 by approximately 
25 percent \13\ and emissions of SO2 from certain EGUs in 
Tennessee have decreased by approximately 200,000 tons from 2002-2010; 
\14\ and additional EGU control measures not relied upon in the State's 
regional haze plan have occurred or will occur in the implementation 
period and are expected to continue to trend downward. EPA proposes to 
conclude that Tennessee has adequately addressed 40 CFR 51.308(h) 
because the visibility trends at the Class I areas impacted by the 
State's sources and the emissions trends of the State's largest 
emitters of visibility-impairing pollutants indicate that the RPGs for 
Class I areas impacted by source in Tennessee will be met.
---------------------------------------------------------------------------

    \13\ See page 42 of Tennessee's Progress Report.
    \14\ As discussed earlier, these EGUs were projected to have 
controls installed, or projected to retire, by 2018 in Tennessee's 
regional haze SIP.
---------------------------------------------------------------------------

IV. What action is EPA proposing to take?

    EPA is proposing to approve Tennessee's Regional Haze Progress 
Report SIP revision, submitted by the State on April 19, 2013, as 
meeting the applicable regional haze requirements set forth in 40 CFR 
51.308(g) and 51.308(h).

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 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 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 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, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

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

    Dated: September 15, 2016.
Kenneth R. Lapierre,
Acting Regional Administrator, Region 4.
[FR Doc. 2016-23291 Filed 9-27-16; 8:45 am]
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                                                  66596             Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules

                                                  S–2, for example, contains permitting                     • does not have Federalism                          Tennessee through the Tennessee
                                                  requirements that require controls and                  implications as specified in Executive                Department of Environment and
                                                  emission limits for certain NOX emitting                Order 13132 (64 FR 43255, August 10,                  Conservation (TDEC) on April 19, 2013.
                                                  sources in the State. These permitting                  1999);                                                Tennessee’s April 19, 2013, SIP revision
                                                  requirements help ensure that no new or                   • is not an economically significant                (Progress Report) addresses
                                                  modified NOX sources in the State                       regulatory actions based on health or                 requirements of the Clean Air Act (CAA
                                                  subject to these permitting regulations                 safety risks subject to Executive Order               or Act) and EPA’s rules that require
                                                  will significantly contribute to                        13045 (62 FR 19885, April 23, 1997);                  each state to submit periodic reports
                                                  nonattainment or interfere with                           • is not a significant regulatory                   describing progress towards reasonable
                                                  maintenance of the 2010 1-hour NO2                      actions subject to Executive Order                    progress goals (RPGs) established for
                                                  NAAQS.                                                  13211 (66 FR 28355, May 22, 2001);                    regional haze and a determination of the
                                                    For all the reasons discussed above,                    • is not subject to requirements of                 adequacy of the state’s existing SIP
                                                  EPA has preliminarily determined that                   Section 12(d) of the National
                                                  Mississippi does not contribute                                                                               addressing regional haze (regional haze
                                                                                                          Technology Transfer and Advancement
                                                  significantly to nonattainment or                                                                             plan). EPA is proposing to approve
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because
                                                  interfere with maintenance of the 2010                  application of those requirements would               Tennessee’s Progress Report on the basis
                                                  1-hour NO2 NAAQS in any other state                     be inconsistent with the CAA; and                     that it addresses the progress report and
                                                  and that Mississippi’s SIP includes                       • does not provide EPA with the                     adequacy determination requirements
                                                  adequate provisions to prevent                          discretionary authority to address, as                for the first implementation period for
                                                  emissions sources within the State from                 appropriate, disproportionate human                   regional haze.
                                                  significantly contributing to                           health or environmental effects, using                DATES: Comments must be received on
                                                  nonattainment or interfering with                       practicable and legally permissible                   or before October 28, 2016.
                                                  maintenance of this standard in any                     methods, under Executive Order 12898
                                                  other state.                                            (59 FR 7629, February 16, 1994).                      ADDRESSES:   Submit your comments,
                                                                                                            The SIP is not approved to apply on                 identified by Docket ID No. EPA–R04–
                                                  V. Proposed Action
                                                                                                          any Indian reservation land or in any                 OAR–2013–0799 at http://
                                                    As described above, EPA is proposing                  other area where EPA or an Indian tribe               www.regulations.gov. Follow the online
                                                  to approve Mississippi’s May 23, 2016,                  has demonstrated that a tribe has                     instructions for submitting comments.
                                                  SIP revision addressing prongs 1 and 2                  jurisdiction. In those areas of Indian                Once submitted, comments cannot be
                                                  of CAA section 110(a)(2)(D)(i) for the                  country, the rule does not have tribal                edited or removed from Regulations.gov.
                                                  2010 1-hour NO2 NAAQS.                                  implications as specified by Executive                EPA may publish any comment received
                                                  VI. Statutory and Executive Order                       Order 13175 (65 FR 67249, November 9,                 to its public docket. Do not submit
                                                  Reviews                                                 2000), nor will it impose substantial                 electronically any information you
                                                                                                          direct costs on tribal governments or                 consider to be Confidential Business
                                                     Under the CAA, the Administrator is
                                                                                                          preempt tribal law.                                   Information (CBI) or other information
                                                  required to approve a SIP submission
                                                  that complies with the provisions of the                List of Subjects in 40 CFR Part 52                    whose disclosure is restricted by statute.
                                                  Act and applicable federal regulations.                                                                       Multimedia submissions (audio, video,
                                                                                                            Environmental protection, Air
                                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                       etc.) must be accompanied by a written
                                                                                                          pollution control, Incorporation by
                                                  Thus, in reviewing SIP submissions,                                                                           comment. The written comment is
                                                                                                          reference, Intergovernmental relations,
                                                  EPA’s role is to approve state choices,                                                                       considered the official comment and
                                                                                                          Nitrogen dioxide, Ozone, Reporting and
                                                  provided that they meet the criteria of                 recordkeeping requirements.                           should include discussion of all points
                                                  the CAA. Accordingly, this proposed                                                                           you wish to make. EPA will generally
                                                  action merely proposes to approve state                   Authority: 42 U.S.C. 7401 et seq.                   not consider comments or comment
                                                  law as meeting federal requirements and                   Dated: September 15, 2016.                          contents located outside of the primary
                                                  does not impose additional                              Kenneth R. Lapierre,                                  submission (i.e., on the web, cloud, or
                                                  requirements beyond those imposed by                    Acting Regional Administrator, Region 4.              other file sharing system). For
                                                  state law. For that reason, this proposed               [FR Doc. 2016–23300 Filed 9–27–16; 8:45 am]           additional submission methods, the full
                                                  action:                                                 BILLING CODE 6560–50–P                                EPA public comment policy,
                                                     • Is not a ‘‘significant regulatory                                                                        information about CBI or multimedia
                                                  actions’’ subject to review by the Office                                                                     submissions, and general guidance on
                                                  of Management and Budget under                          ENVIRONMENTAL PROTECTION                              making effective comments, please visit
                                                  Executive Orders 12866 (58 FR 51735,                    AGENCY                                                http://www2.epa.gov/dockets/
                                                  October 4, 1993) and 13563 (76 FR 3821,
                                                                                                                                                                commenting-epa-dockets.
                                                  January 21, 2011);                                      40 CFR Part 52
                                                     • does not impose an information                                                                           FOR FURTHER INFORMATION CONTACT:
                                                  collection burden under the provisions                  [EPA–R04–OAR–2013–0799; FRL–9953–17–
                                                                                                          Region 4]                                             Michele Notarianni, Air Regulatory
                                                  of the Paperwork Reduction Act (44                                                                            Management Section, Air Planning and
                                                  U.S.C. 3501 et seq.);                                   Air Plan Approval; Tennessee;                         Implementation Branch, Air, Pesticides
                                                     • is certified as not having a                       Regional Haze Progress Report                         and Toxics Management Division, U.S.
                                                  significant economic impact on a
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                                                                                                                                                                Environmental Protection Agency,
                                                  substantial number of small entities                    AGENCY:  Environmental Protection
                                                                                                                                                                Region 4, 61 Forsyth Street SW.,
                                                  under the Regulatory Flexibility Act (5                 Agency (EPA).
                                                                                                                                                                Atlanta, Georgia 30303–8960. Ms.
                                                  U.S.C. 601 et seq.);                                    ACTION: Proposed rule.
                                                     • does not contain any unfunded                                                                            Notarianni can be reached by phone at
                                                  mandate or significantly or uniquely                    SUMMARY:  The Environmental Protection                (404) 562–9031 and via electronic mail
                                                  affect small governments, as described                  Agency (EPA) is proposing to approve a                at notarianni.michele@epa.gov.
                                                  in the Unfunded Mandates Reform Act                     State Implementation Plan (SIP)                       SUPPLEMENTARY INFORMATION:
                                                  of 1995 (Pub. L. 104–4);                                revision submitted by the State of


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                                                                    Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules                                          66597

                                                  I. Background                                           existing regional haze plan. See 40 CFR               state determines that its existing
                                                     Under the Regional Haze Rule,1 each                  51.308(h). The first progress report is               regional haze plan is or may be
                                                  state was required to submit its first                  due five years after submittal of the                 inadequate to ensure reasonable
                                                  implementation plan addressing                          initial regional haze plan.                           progress at one or more Class I areas due
                                                  regional haze visibility impairment to                    On April 19, 2013, as required by 40                to emissions from sources in other
                                                  EPA no later than December 17, 2007.                    CFR 51.308(g), TDEC submitted to EPA,                 state(s) that participated in the regional
                                                  See 40 CFR 51.308(b). Tennessee                         in the form of a revision to Tennessee’s              planning process, and collaborate with
                                                  submitted its regional haze plan on                     SIP, a report on progress made towards                these other state(s) to develop additional
                                                  April 4, 2008, and like many other states               the RPGs for Class I areas in the State               strategies to address deficiencies; (3)
                                                  subject to the Clean Air Interstate Rule                and for Class I areas outside the State               provide notification with supporting
                                                  (CAIR), relied on CAIR to satisfy best                  that are affected by emissions from                   information to EPA if the state
                                                  available retrofit technology (BART)                    sources within the State. This                        determines that its existing regional
                                                  requirements for emissions of sulfur                    submission also includes a negative                   haze plan is or may be inadequate to
                                                  dioxide (SO2) and nitrogen oxides (NOX)                 declaration pursuant to 40 CFR                        ensure reasonable progress at one or
                                                  from electric generating units (EGUs) in                51.308(h)(1) that the State’s regional                more Class I areas due to emissions from
                                                  the State. On April 24, 2012, EPA                       haze plan is sufficient in meeting the                sources in another country; or (4) revise
                                                  finalized a limited approval of                         requirements of the Regional Haze Rule.               its regional haze plan to address
                                                  Tennessee’s April 4, 2008, regional haze                EPA is proposing to approve                           deficiencies within one year if the state
                                                  plan as meeting some of the applicable                  Tennessee’s Progress Report on the basis              determines that its existing regional
                                                  regional haze requirements as set forth                 that it satisfies the requirements of 40              haze plan is or may be inadequate to
                                                  in sections 169A and 169B of the CAA                    CFR 51.308(g) and 51.308(h).                          ensure reasonable progress in one or
                                                  and in 40 CFR 51.300–308.2 Also in this                                                                       more Class I areas due to emissions from
                                                                                                          II. Requirements for the Regional Haze                sources within the state.
                                                  April 24, 2012, action, EPA finalized a                 Progress Report and Adequacy
                                                  limited disapproval of Tennessee’s                      Determination                                         III. What is EPA’s Analysis of
                                                  regional haze plan because of                                                                                 Tennessee’s Regional Haze Progress
                                                  deficiencies arising from the State’s                   A. Regional Haze Progress Report                      Report and Adequacy Determination?
                                                  reliance on CAIR to satisfy certain                       Under 40 CFR 51.308(g), states must                    On April 19, 2013, TDEC submitted a
                                                  regional haze requirements. See 77 FR                   submit a regional haze progress report                revision to Tennessee’s regional haze
                                                  24392. On June 7, 2012, EPA                             as a SIP revision every five years and
                                                  promulgated Federal Implementation                                                                            plan to address progress made towards
                                                                                                          must address, at a minimum, the seven                 the RPGs for Class I areas in the State
                                                  Plans (FIPs) to replace reliance on CAIR                elements found in 40 CFR 51.308(g). As
                                                  with reliance on the Cross State Air                                                                          and for Class I areas outside the State
                                                                                                          described in further detail in section III            that are affected by emissions from
                                                  Pollution Rule (CSAPR) to address                       below, 40 CFR 51.308(g) requires: (1) A
                                                  deficiencies in CAIR-dependent regional                                                                       sources within Tennessee. This
                                                                                                          description of the status of measures in              submittal also includes a determination
                                                  haze plans of several states, including                 the approved regional haze plan; (2) a
                                                  Tennessee’s regional haze plan.3 See 77                                                                       of the adequacy of the State’s existing
                                                                                                          summary of emissions reductions                       regional haze plan. Tennessee has two
                                                  FR 33642.                                               achieved; (3) an assessment of visibility
                                                     Each state is also required to submit                                                                      Class I areas within its borders: Great
                                                                                                          conditions for each Class I area in the               Smoky Mountains National Park and
                                                  a progress report in the form of a SIP                  state; (4) an analysis of changes in
                                                  revision every five years that evaluates                                                                      Joyce Kilmer-Slickrock Wilderness
                                                                                                          emissions from sources and activities                 Area. These areas are located partially
                                                  progress towards the RPGs for each
                                                                                                          within the state; (5) an assessment of                in North Carolina and Tennessee. In its
                                                  mandatory Class I Federal area within
                                                                                                          any significant changes in                            regional haze plan, the State also
                                                  the state and for each mandatory Class
                                                                                                          anthropogenic emissions within or                     identified, through an area of influence
                                                  I Federal area outside the state which
                                                                                                          outside the state that have limited or                modeling analysis based on back
                                                  may be affected by emissions from
                                                                                                          impeded progress in Class I areas                     trajectories, four Class I areas in three
                                                  within the state. See 40 CFR 51.308(g).
                                                                                                          impacted by the state’s sources; (6) an               neighboring states potentially impacted
                                                  Each state is also required to submit, at
                                                                                                          assessment of the sufficiency of the                  by Tennessee sources: Cohutta
                                                  the same time as the progress report, a
                                                                                                          approved regional haze plan; and (7) a                Wilderness Area in Georgia; Mammoth
                                                  determination of the adequacy of its
                                                                                                          review of the state’s visibility                      Cave National Park in Kentucky; and
                                                    1 Located  in 40 CFR part 51, subpart P.
                                                                                                          monitoring strategy.                                  Linville Gorge and Shining Rock
                                                    2 This April 24, 2012, action did not include the     B. Adequacy Determination of the                      Wilderness areas in North Carolina. See
                                                  BART determination for Eastman Chemical                                                                       76 FR 33662, 33683 (June 9, 2011).
                                                  Company (Eastman). On November 27, 2012, EPA            Current Regional Haze Plan
                                                  finalized approval of the BART requirements for           Under 40 CFR 51.308(h), states are                  A. Regional Haze Progress Report SIPs
                                                  Eastman that were provided in the April 4, 2008,
                                                  regional haze SIP, as later modified and                required to submit, at the same time as                 The following sections summarize: (1)
                                                  supplemented on May 14, 2012, and May 25, 2012          the progress report, a determination of               Each of the seven elements that must be
                                                  (77 FR 70689).                                          the adequacy of their existing regional               addressed by a progress report under 40
                                                     3 Although a number of parties challenged the
                                                                                                          haze plan and to take one of four                     CFR 51.308(g); (2) how Tennessee’s
                                                  legality of CSAPR and the D.C. Circuit initially
                                                  vacated and remanded CSAPR to EPA in EME                possible actions based on information in              Progress Report addressed each element;
                                                                                                          the progress report. As described in
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                                                  Homer City Generation, L.P. v. EPA, 696 F.3d 7                                                                and (3) EPA’s analysis and proposed
                                                  (D.C. Cir. 2012), the United States Supreme Court       further detail in section III below, 40               determination as to whether the State
                                                  reversed the D.C. Circuit’s decision on April 29,       CFR 51.308(h) requires states to: (1)
                                                  2014, and remanded the case to the D.C. Circuit to                                                            satisfied each element.
                                                  resolve remaining issues in accordance with the         Submit a negative declaration to EPA
                                                  high court’s ruling. EPA v. EME Homer City              that no further substantive revision to               1. Status of Control Measures
                                                  Generation, L.P., 134 S. Ct. 1584 (2014). On remand,    the state’s existing regional haze plan is               40 CFR 51.308(g)(1) requires a
                                                  the D.C. Circuit affirmed CSAPR in most respects,
                                                  and CSAPR is now in effect. EME Homer City
                                                                                                          needed; (2) provide notification to EPA               description of the status of
                                                  Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir.        (and to other state(s) that participated in           implementation of all measures
                                                  2015).                                                  the regional planning process) if the                 included in the regional haze plan for


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                                                  66598                 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules

                                                  achieving RPGs for Class I areas both                             Although Tennessee determined in its               2002 emissions: Acadia National Park
                                                  within and outside the state.                                  regional haze SIP that no additional                  (ME), Great Gulf Wilderness Area and
                                                     The State evaluated the status of                           controls for sources in the State were                Presidential Range—Dry River
                                                  measures included in its 2008 regional                         necessary to obtain reasonable progress               Wilderness Area (NH), Lye Brook
                                                  haze plan in accordance with 40 CFR                            during the first implementation period,               Wilderness Area (VT), and Brigantine
                                                  51.308(g)(1). Specifically, in its Progress                    Tennessee’s Progress Report identifies                Wilderness Area (NJ)). These states are
                                                  Report, Tennessee summarizes the                               six out-of-state sources located in the               members of the Mid-Atlantic/Northeast
                                                  status of the emissions reduction                              area of influence of one or more of                   Visibility Union (MANE–VU), which
                                                  measures that were included in the final                       Tennessee’s Class I areas using the                   identified 167 EGU ‘‘stacks,’’ five of
                                                  iteration of the Visibility Improvement                        State’s methodology for determining                   which are in Tennessee, as contributing
                                                  State and Tribal Association of the                            sources eligible for a reasonable                     significantly to visibility impairment at
                                                  Southeast (VISTAS) regional haze                               progress control determination. These                 MANE–VU Class I areas in 2002. The
                                                  emissions inventory and RPG modeling                           six sources were evaluated by their                   five Tennessee EGU stacks identified by
                                                  used by the State in developing its                            respective states for reasonable progress.            MANE–VU are located at TVA’s
                                                  regional haze plan. The measures                               The Progress Report summarizes the                    Gallatin, John Sevier, Johnsonville, and
                                                  include, among other things, applicable                        reasonable progress control                           Kingston plants. MANE–VU asked
                                                  federal programs (e.g., mobile source                          determinations made for these six                     Tennessee to control the SO2 emissions
                                                  rules, Maximum Achievable Control                              facilities (five facilities consisting of 12          from these EGUs with a 90 percent
                                                  Technology standards), federal consent                         EGUs, one non-EGU facility) in the                    control efficiency and to adopt a control
                                                  agreements, and federal and state                              surrounding States of Alabama, Georgia,               strategy to provide a 28 percent
                                                  control strategies for EGUs.                                   North Carolina, and South Carolina and,               reduction in SO2 emissions from non-
                                                     The State also discusses the status of                      where applicable, provides a status of                EGU emission sources that would be
                                                  several measures that were not included                        the required controls. Of the 12 EGUs at              equivalent to MANE–VU’s proposed
                                                  in the final VISTAS emissions inventory                        five facilities in these states, nine EGUs            low sulfur residential fuel oil strategy.
                                                  and were not relied upon in the initial                        already have scrubbers installed and                     Tennessee summarizes in its Progress
                                                  regional haze plan to meet RPGs,                               three EGUs located in South Carolina                  Report its February 20, 2008, response
                                                  including EPA’s Mercury and Air                                were retired.4                                        to the four MANE–VU states’ letters at
                                                  Toxics Rule and a 2011 federal consent                            In addition, the State provides an                 the time of the State’s regional haze SIP
                                                  agreement with the Tennessee Valley                            update on the status of EGUs in                       development, indicating that the control
                                                  Authority (TVA). The State notes that                          Tennessee identified by the states of                 schedule for the five identified EGU
                                                  the emissions reductions from these                            Maine, New Jersey, New Hampshire and                  stacks is reasonable and adequately
                                                  measures will help ensure that Class I                         Vermont as contributing to visibility                 limits the emissions of SO2 for visibility
                                                  areas impacted by Tennessee sources                            impairment at the following Class I                   impairment purposes. See Table 1
                                                  achieve their RPGs.                                            areas located in those states based on                below.

                                                                                          TABLE 1—TENNESSEE EGU STACKS IDENTIFIED BY MANE–VU STATES
                                                                  Plant name                                                             Tennessee’s February 20, 2008, response

                                                  TVA Gallatin ....................................   This plant uses low-sulfur fuel at an emission rate of 0.61 lbs SO2/mmBtu.
                                                  TVA John Sevier .............................       TVA has announced plans to install flue gas desulfurization (FGD) by 2012.
                                                  TVA Johnsonville ............................       This plant is burning a low-sulfur fuel (1.5 lbs SO2/mmBtu) with TVA performing testing to determine the vi-
                                                                                                        ability of lower sulfur coal with the objective of going to 0.9 lbs SO2/mmBtu before 2015.
                                                  TVA Kingston ..................................     FGD is being installed on this stack with a construction complete date scheduled for 2010.
                                                  TVA Kingston ..................................     FGD is being installed on this stack with a construction complete date scheduled for 2010.



                                                     As part of its Progress Report,                                EPA proposes to find that Tennessee’s              control strategies in its regional haze
                                                  Tennessee notes that these EGU stacks                          analysis adequately addresses 40 CFR                  plan and the status of existing and
                                                  are either currently controlled with low                       51.308(g)(1) for the reasons discussed                future expected controls for Tennessee’s
                                                  sulfur coal or scrubbers with a 95                             below. The State documents the                        EGUs because, in its regional haze plan,
                                                  percent SO2 control efficiency, are                            implementation status of measures from                Tennessee identified SO2 emissions
                                                  shutdown, or are scheduled for                                 its regional haze plan in addition to                 from coal-fired EGUs as the key
                                                  shutdown by 2017.5 Tennessee notes                             describing additional measures not                    contributor to regional haze in the
                                                  that the requested EGU SO2 reductions                          originally accounted for in the final                 VISTAS region. In its regional haze
                                                  are exceeded through improved removal                          VISTAS emissions inventory that came                  plan, Tennessee determined that no
                                                  efficiencies at these five EGUs, the                           into effect since the VISTAS analyses                 additional controls of sources in the
                                                  shutdown of eight EGUs at the four TVA                         for the regional haze plan were                       State were reasonable for the first
                                                  plants as of 2015, and the scheduled                           completed. Tennessee reviewed the                     implementation period. Additionally,
                                                  shutdown of an additional EGU by                               status of BART requirements for the four              the State summarizes the emissions
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                                                  2017, noting that additional reductions                        BART-subject sources in the State:                    controls included in the regional haze
                                                  are expected for the remainder of the                          Alcoa—South Plant, DuPont—Old                         plan for Tennessee sources in the area
                                                  planning period. Tennessee also affirms                        Hickory, Eastman Chemical Company,                    of influence of other states’ Class I areas
                                                  that its Progress Report shows progress                        and TVA—Cumberland Fossil Plant.                      and the status of these controls.
                                                  with reducing non-EGU SO2 emissions.                           The State’s Progress Report also
                                                                                                                 provides detailed information on EGU
                                                    4 See Tennessee Progress Report narrative, Table               5 See Table 2–4 on pages 22–24 of Tennessee’s

                                                  2–5, page 26.                                                  Progress Report.



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                                                                        Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules                                                                66599

                                                  2. Emissions Reductions and Progress                               tons per year (tpy)) are already close to                    3. Visibility Progress
                                                                                                                     the projected SO2 emissions reductions
                                                    40 CFR 51.308(g)(2) requires a                                                                                                  40 CFR 51.308(g)(3) requires that
                                                                                                                     from 2002 to 2018 estimated in
                                                  summary of the emissions reductions                                                                                             states with Class I areas provide the
                                                                                                                     Tennessee’s regional haze plan for these
                                                  achieved in the state through the                                                                                               following information for the most
                                                                                                                     EGUs (207,540 tpy).8 Tennessee also
                                                  measures subject to 40 CFR 51.308(g)(1).                                                                                        impaired and least impaired days for
                                                                                                                     includes SO2 and NOx emissions data
                                                    In its regional haze plan and Progress                           from 2002–2010 for EGUs in Tennessee                         each area, with values expressed in
                                                  Report, Tennessee focuses its                                      subject to reporting under the Acid Rain                     terms of five-year averages of these
                                                  assessment on SO2 emissions from                                   Program. This data shows a decline in                        annual values: 9 (i) Current visibility
                                                  EGUs because of VISTAS’ findings that                              these emissions over this time period                        conditions; (ii) the difference between
                                                  ammonium sulfate accounted for more                                and that the SO2 reductions are higher                       current visibility conditions and
                                                  than 70 percent of the visibility-                                 than those estimated for these units in                      baseline visibility conditions; and (iii)
                                                  impairing pollution in the VISTAS                                  the State’s regional haze SIP between                        the change in visibility impairment over
                                                  states 6 and that SO2 point source                                 2002–2018.                                                   the past five years.
                                                  emissions are projected to represent                                  EPA proposes to conclude that
                                                  more than 95 percent of the total SO2                              Tennessee has adequately addressed 40                          Tennessee provides figures with
                                                  emissions in the VISTAS states in                                  CFR 51.308(g)(2). As discussed above,                        visibility monitoring data that address
                                                  2018.7 As discussed in section III.A.5,                            the State provides estimates, and where                      the three requirements of 40 CFR
                                                  below, Tennessee determined that                                   available, actual emissions reductions of                    51.308(g)(3) for the State’s two Class I
                                                  sulfates continue to be the largest                                SO2 and NOX at EGUs in the State                             areas. Tennessee reported current
                                                  contributor to regional haze for Class I                           resulting from the measures relied upon                      conditions as the 2006–2010 five-year
                                                  areas in the State.                                                in its regional haze plan. The State                         time period and used the 2000–2004
                                                    In its Progress Report, Tennessee                                appropriately focused on SO2 emissions                       baseline period for its Class I areas.10
                                                  presents SO2 emissions data for 33                                 from its EGUs in its Progress Report                         Table 2, below, shows the current
                                                  EGUs at seven facilities in the State that                         because the State had previously                             visibility conditions and the difference
                                                  were projected to have controls                                    identified these emissions as the most                       between current visibility conditions
                                                  installed, or projected to retire, by 2018                         significant contributors to visibility                       and baseline visibility conditions. Table
                                                  in Tennessee’s regional haze SIP. Actual                           impairment at Tennessee’s Class I areas                      3 shows the changes in visibility from
                                                  SO2 emissions reductions from 2002 to                              and those areas that Tennessee sources                       2006–2010 in terms of five-year
                                                  2011 for these Tennessee EGUs (199,568                             impact.                                                      averages.

                                                          TABLE 2—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN CLASS I AREAS IN TENNESSEE
                                                                                                                                                               Baseline             Current                                RPG
                                                                                             Class I area                                                                                           Difference
                                                                                                                                                             (2000–2004)         (2006–2010)                              (2018)

                                                  20% Worst Days:
                                                     Great Smoky Mountains National Park ....................................................                             30.3             26.6              ¥3.7                 23.5
                                                     Joyce Kilmer-Slickrock ..............................................................................                30.3             26.6              ¥3.7                 23.5
                                                  20% Best Days:
                                                     Great Smoky Mountains National Park ....................................................                             13.6             12.3              ¥1.3                 12.1
                                                     Joyce Kilmer-Slickrock ..............................................................................                13.6             12.3              ¥1.3                 12.1


                                                                                           TABLE 3—CHANGES IN 5-YEAR VISIBILITY AVERAGES FROM 2006–2010
                                                                                 Class I area                                               2006                   2007             2008               2009                2010

                                                  20% Worst Days:
                                                     Great Smoky Mountains National Park ........................                                   30.4                  30.6             29.8               28.5                26.6
                                                     Joyce Kilmer-Slickrock ..................................................                      30.4                  30.6             29.8               28.5                26.6
                                                  20% Best Days:
                                                     Great Smoky Mountains National Park ........................                                   13.3                  13.2             13.1               12.4                12.3
                                                     Joyce Kilmer-Slickrock ..................................................                      13.3                  13.2             13.1               12.4                12.3



                                                  All Tennessee Class I areas saw an                                   EPA proposes to conclude that                              requirements of the regulation. The
                                                  improvement in visibility between                                  Tennessee has adequately addressed 40                        Progress Report includes current
                                                  baseline and 2006–2010 conditions and                              CFR 51.308(g)(3) because the State                           conditions based on the Interagency
                                                  an overall decline in the five-year                                provides the information regarding                           Monitoring of Protected Visual
                                                  average visibility averages from 2006–                             visibility conditions and visibility                         Environments (IMPROVE) monitoring
                                                  2010.                                                              changes necessary to meet the                                data for the years 2006–2010, the
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                                                    6 Sulfate levels on the 20 percent worst days                      8 Table 2–4, page 31, and Appendix A of                      10 For the first regional haze plans, ‘‘baseline’’

                                                  account for 60–70 percent of the visibility                        Tennessee’s Progress Report.                                 conditions were represented by the 2000–2004 time
                                                                                                                       9 The ‘‘most impaired days’’ and ‘‘least impaired
                                                  impairment at both of Tennessee’s Class I areas. For                                                                            period. See 64 FR 35730 (July 1, 1999). Joyce
                                                  additional information, see Tennessee’s April 4,                   days’’ in the regional haze rule refers to the average       Kilmer-Slickrock Wilderness Area does not have a
                                                  2008, regional haze plan at page 13.                               visibility impairment (measured in deciviews) for            visibility monitor; therefore, visibility data from
                                                                                                                     the 20 percent of monitored days in a calendar year
                                                    7 For additional information, see Tennessee’s                                                                                 Great Smoky Mountains National Park is used for
                                                                                                                     with the highest and lowest amount of visibility
                                                  April 4, 2008, regional haze plan at page 81.                      impairment, respectively, averaged over a five-year          both areas given their proximity. For more
                                                                                                                     period. 40 CFR 51.301.                                       information see 76 FR 33669.




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                                                  66600                    Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules

                                                  difference between current visibility                                  stationary point source emissions                      regional haze plan for 2002, and
                                                  conditions and baseline visibility                                     inventory, Tennessee adjusted the EGU                  summarizes emissions data from EPA’s
                                                  conditions, and the change in visibility                               emissions for a typical year so that if                2008 National Emissions Inventory
                                                  impairment over the five-year period                                   sources were shut down or operating                    (NEI).11 Tennessee’s analysis shows that
                                                  2006–2010.                                                             above or below normal, the emissions                   2008 emissions are lower than both the
                                                                                                                         are normalized to a typical emissions                  actual and typical 2002 emissions.
                                                  4. Emissions Tracking                                                  inventory year. The typical year data is
                                                     40 CFR 51.308(g)(4) requires an                                                                                               Tennessee estimated on-road mobile
                                                                                                                         used to develop projected typical future
                                                  analysis tracking emission changes of                                  year emissions inventories. The                        source emissions in the 2008 inventory
                                                  visibility-impairing pollutants from the                               pollutants inventoried include volatile                using the MOVES model. This model
                                                  state’s sources by type or category over                               organic compounds (VOC), ammonia                       tends to estimate higher emissions for
                                                  the past five years based on the most                                  (NH3) NOX, coarse particulate matter                   NOX and PM than its previous
                                                  recent updated emissions inventory.                                    (PM10), fine particulate matter (PM2.5),               counterpart, the MOBILE6.2 model,
                                                     In its Progress Report, Tennessee                                   and SO2. The emissions inventories                     used by the State to estimate on-road
                                                  presents data from a statewide actual                                  include the following source                           mobile source emissions for the 2002
                                                  emissions inventory for 2008 and                                       classifications: Point, area, biogenics,               inventories. Despite the change in
                                                  compares this data to the baseline                                     non-road mobile, and on-road mobile                    methodology, a declining trend in all
                                                  emissions inventory for 2002 (actual                                   sources.                                               pollutants can be seen between 2002
                                                  and typical emissions) from its regional                                 Tennessee includes the actual and                    and 2008 when comparing Tables 4 and
                                                  haze plan. For the typical 2002                                        typical emissions inventories from its                 5 to Table 6.

                                                                                      TABLE 4—2002 ACTUAL EMISSIONS INVENTORY SUMMARY FOR TENNESSEE (TPY)
                                                                     Source category                                    VOC                 NOX                   PM2.5           PM10            NH3             SO2

                                                  Point .........................................................          85,254             221,651                39,973          49,814          1,817         413,755
                                                  Area ..........................................................         153,509              17,936                42,925         212,972         34,412          29,942
                                                  On-Road Mobile .......................................                  179,807             238,577                 3,949           5,371          6,625           9,226
                                                  Non-Road Mobile .....................................                    66,450              96,827                 6,458           6,819             43          10,441
                                                  Biogenics ..................................................            894,214              18,081                     0               0              0               0

                                                        Total ..................................................        1,379,234             593,072                93,305         274,976         42,897         463,364


                                                                                      TABLE 5—2002 TYPICAL EMISSIONS INVENTORY SUMMARY FOR TENNESSEE (TPY)
                                                                     Source category                                    VOC                 NOX                   PM2.5           PM10            NH3             SO2

                                                  Point .........................................................          85,218             216,481                39,298          49,040          1,810         399,750
                                                  Area ..........................................................         153,783              18,061                43,410         213,538         34,439          29,977
                                                  On-Road Mobile .......................................                  179,807             238,577                 3,949           5,371          6,625           9,226
                                                  Non-Road Mobile .....................................                    66,450              96,827                 6,458           6,819             43          10,441
                                                  Biogenics ..................................................            894,214              18,081                     0               0              0               0

                                                        Total ..................................................        1,379,472             588,027                93,115         274,768         42,917         449,394


                                                                                      TABLE 6—2008 ACTUAL EMISSIONS INVENTORY SUMMARY FOR TENNESSEE (TPY)
                                                                     Source category                                    VOC                 NOX                   PM2.5           PM10            NH3             SO2

                                                  Point .........................................................          38,155             134,162                15,551          20,734          1,193         258,033
                                                  Area ..........................................................         104,305              43,388                46,672         194,631         34,898          65,026
                                                  On-Road Mobile .......................................                   80,476             213,973                 8,441          10,445          3,167           3,903
                                                  Non-Road Mobile .....................................                    50,525              35,593                 3,305           3,470             38             591
                                                  Biogenics ..................................................            786,087              13,682                     0               0              0               0

                                                        Total ..................................................        1,059,548             440,798                73,969         229,280         39,296         327,553



                                                     EPA proposes to conclude that                                       available for these units at the time of               complete emissions inventories once
                                                  Tennessee has adequately addressed 40                                  progress report development. While                     quality-assured emissions data becomes
                                                  CFR 51.308(g)(4). Tennessee tracked                                    ideally the five-year period to be                     available. Therefore, EPA believes that
                                                  changes in emissions of visibility-                                    analyzed for emissions inventory                       there is some flexibility in the five-year
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                                                  impairing pollutants from 2002–2008                                    changes is the time period since the                   time period that states can select.
                                                  for all source categories and analyzed                                 current regional haze plan was
                                                  trends in emissions from 2002–2008, the                                submitted, there is an inevitable time
                                                  most current quality-assured data                                      lag in developing and reporting



                                                     11 The 2008 NEI data was the most recent NEI

                                                  data available at the time that Tennessee submitted
                                                  its Progress Report.

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                                                                    Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules                                         66601

                                                  5. Assessment of Changes Impeding                       20 percent worst days extinction clearly              currently one IMPROVE site in
                                                  Visibility Progress                                     demonstrates that sulfates continue to                Tennessee which serves as the
                                                     40 CFR 51.308(g)(5) requires an                      be the largest contributor to visibility              monitoring site for both the Great
                                                  assessment of any significant changes in                impairment at these Class I areas, with               Smoky Mountains National Park and
                                                  anthropogenic emissions within or                       stationary point sources being the                    Joyce Kilmer-Slickrock Wilderness
                                                  outside the state that have occurred over               largest source of SO2 emissions in                    Area.
                                                                                                          Tennessee. As identified in Tables 3–1                   The State also explains the
                                                  the past five years that have limited or
                                                                                                          and 3–2 and Appendix A of the Progress                importance of the IMPROVE monitoring
                                                  impeded progress in reducing pollutant
                                                                                                          Report, SO2 emissions from EGUs in                    network for tracking visibility trends at
                                                  emissions and improving visibility in
                                                                                                          Tennessee have decreased from 2002 to                 Class I areas in Tennessee. Tennessee
                                                  Class I areas impacted by the state’s
                                                                                                          2011. Also, the emissions data provided               states that data produced by the
                                                  sources.                                                                                                      IMPROVE monitoring network will be
                                                     In its Progress Report, Tennessee                    in Table 3–1 of the Progress Report
                                                                                                          show a declining trend in NOX                         used nearly continuously for preparing
                                                  documented that sulfates, which are
                                                                                                          emissions from 2002 to 2010 for EGUs                  the 5-year progress reports and the 10-
                                                  formed from SO2 emissions, continue to                                                                        year SIP revisions, each of which relies
                                                                                                          in Tennessee. Tennessee also provides
                                                  be the biggest single contributor to                                                                          on analysis of the preceding five years
                                                                                                          visibility data for the State’s two Class
                                                  regional haze for Class I areas in the                                                                        of data, and thus, the State notes that
                                                                                                          I areas (Great Smoky Mountains
                                                  State and therefore focused its analysis                                                                      the monitoring data from the IMPROVE
                                                                                                          National Park and Joyce Kilmer-
                                                  on large SO2 emissions from point                                                                             sites needs to be readily accessible and
                                                                                                          Slickrock Wilderness Area) and the
                                                  sources. In addressing the requirements                                                                       to be kept up to date. The Visibility
                                                                                                          Class I areas potentially impacted by the
                                                  at 40 CFR 51.308(g)(5), Tennessee                                                                             Information Exchange Web System Web
                                                                                                          State’s sources (Cohutta Wilderness
                                                  demonstrates that sulfate contributions                                                                       site has been maintained by VISTAS
                                                                                                          Area (Cohutta) in Georgia, Mammoth
                                                  to visibility impairment have decreased                                                                       and the other Regional Planning
                                                                                                          Cave National Park (Mammoth Cave) in
                                                  from 2006 to 2010 along with an                                                                               Organizations to provide ready access to
                                                                                                          Kentucky, and Linville Gorge and
                                                  improvement in visibility at Class I                                                                          the IMPROVE data and data analysis
                                                                                                          Shining Rock Wilderness Areas in North
                                                  areas in Tennessee, and examines other                                                                        tools.
                                                                                                          Carolina)) and notes that this data
                                                  potential pollutants of concern affecting                                                                        In addition to the IMPROVE
                                                                                                          shows that these areas are on track to
                                                  visibility at these areas. The State                                                                          measurements, some ongoing long-term
                                                                                                          achieve their RPGs by 2018.12
                                                  presents data for the 20 percent worst                     EPA proposes to conclude that                      limited monitoring supported by
                                                  days showing that ammonium sulfate is                   Tennessee has adequately addressed 40                 Federal Land Managers provides
                                                  responsible for 74 percent of the                       CFR 51.308(g)(6). EPA views this                      additional insight into progress toward
                                                  regional haze at Tennessee’s two Class                  requirement as a qualitative assessment               regional haze goals. Tennessee benefits
                                                  I areas for the period 2006–2010, with                  that should evaluate emissions and                    from the data from these measurements,
                                                  primary organic matter as the next                      visibility trends and other readily                   but is not responsible for associated
                                                  largest contributor at 12 percent. The                  available information, including                      funding decisions to maintain these
                                                  State notes that there are no significant               expected emissions reductions                         measurements into the future.
                                                  changes in anthropogenic emissions that                 associated with measures with                            In addition, TDEC and the local air
                                                  have impeded progress in reducing                       compliance dates that have not yet                    agencies in the State operate a
                                                  emissions and improving visibility in                   become effective. In its assessment, the              comprehensive PM2.5 network of the
                                                  Class I areas impacted by Tennessee                     State references the improving visibility             filter-based federal reference method
                                                  sources. Furthermore, the Progress                      trends and the downward emissions                     monitors, continuous mass monitors,
                                                  Report shows that the State is on track                 trends in the State, with a focus on SO2              and filter-based speciated monitors.
                                                  to meeting its 2018 RPGs for Class I                    emissions from Tennessee EGUs. These                  These PM2.5 measurements help the
                                                  areas in Tennessee. For these reasons,                  trends support the State’s determination              TDEC characterize air pollution levels
                                                  EPA proposes to conclude that                           that the State’s regional haze plan is                in areas across the State, and therefore
                                                  Tennessee’s Progress Report has                         sufficient to meet RPGs for Class I areas             aid in the analysis of visibility
                                                  adequately addressed 40 CFR                             within and outside the State impacted                 improvement in and near the Class I
                                                  51.308(g)(5).                                           by Tennessee sources.                                 areas in Tennessee.
                                                  6. Assessment of Current Strategy                                                                                EPA proposes to conclude that
                                                                                                          7. Review of Current Monitoring                       Tennessee has adequately addressed the
                                                     40 CFR 51.308(g)(6) requires an                      Strategy                                              sufficiency of its monitoring strategy as
                                                  assessment of whether the current                          40 CFR 51.308(g)(7) requires a review              required by 40 CFR 51.308(g)(7). The
                                                  regional haze plan is sufficient to enable              of the state’s visibility monitoring                  State reaffirmed its continued reliance
                                                  the state, or other states, to meet the                 strategy and an assessment of whether                 upon the IMPROVE monitoring
                                                  RPGs for Class I areas affected by                      any modifications to the monitoring                   network; assessed its entire visibility
                                                  emissions from the state.                               strategy are necessary.                               monitoring network, including
                                                     The State believes that it is on track                  Tennessee’s Progress Report                        additional continuous sulfate and PM2.5
                                                  to meet the 2018 RPGs for the Tennessee                 summarizes the existing monitoring                    monitors, used to further understand
                                                  Class I areas and will not impede Class                 network in the State to monitor                       visibility trends in the State; and
                                                  I areas outside of Tennessee from                       visibility in Tennessee’s Class I areas               determined that no changes to its
                                                  meeting their RPGs based on the trends
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                                                                                                          and concludes that no modifications to                monitoring strategy are necessary.
                                                  in visibility and emissions presented in                the existing visibility monitoring
                                                  its Progress Report. In its Progress                                                                          B. Determination of Adequacy of
                                                                                                          strategy are necessary. The primary                   Existing Regional Haze Plan
                                                  Report, Tennessee provided                              monitoring network for regional haze,
                                                  reconstructed light extinction figures for              both nationwide and in Tennessee, is                    Under 40 CFR 51.308(h), states are
                                                  the 20 percent worst days for Great                     the IMPROVE network. There is                         required to take one of four possible
                                                  Smoky Mountains National Park for                                                                             actions based on the information
                                                  2006 through 2010, noting similar                         12 See pages 35–37 and 48–55 of Tennessee’s         gathered and conclusions made in the
                                                  results at Joyce Kilmer Class I area. The               Progress Report.                                      progress report. The following section


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                                                  66602              Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Proposed Rules

                                                  summarizes: (1) The action taken by                     the CAA. Accordingly, this proposed                   requirements, Sulfur dioxide, Volatile
                                                  Tennessee under 40 CFR 51.308(h); (2)                   action merely proposes to approve state               organic compounds.
                                                  Tennessee’s rationale for the selected                  law as meeting federal requirements and                 Authority: 42 U.S.C. 7401 et seq.
                                                  action; and (3) EPA’s analysis and                      does not impose additional
                                                                                                                                                                  Dated: September 15, 2016.
                                                  proposed determination regarding the                    requirements beyond those imposed by
                                                  State’s action.                                         state law. For that reason, this proposed             Kenneth R. Lapierre,
                                                     In its Progress Report, Tennessee took               action:                                               Acting Regional Administrator, Region 4.
                                                  the action provided for by 40 CFR                          • Is not a significant regulatory action           [FR Doc. 2016–23291 Filed 9–27–16; 8:45 am]
                                                  51.308(h)(1), which allows a state to                   subject to review by the Office of                    BILLING CODE 6560–50–P
                                                  submit a negative declaration to EPA if                 Management and Budget under
                                                  the state determines that the existing                  Executive Orders 12866 (58 FR 51735,
                                                  regional haze plan requires no further                  October 4, 1993) and 13563 (76 FR 3821,               ENVIRONMENTAL PROTECTION
                                                  substantive revision at this time to                    January 21, 2011);                                    AGENCY
                                                  achieve the RPGs for Class I areas                         • does not impose an information
                                                  affected by the state’s sources. The basis              collection burden under the provisions                40 CFR Parts 52 and 81
                                                  for the State’s negative declaration is the             of the Paperwork Reduction Act (44                    [EPA–R05–OAR–2016–0269; FRL–9953–12–
                                                  findings from the Progress Report,                      U.S.C. 3501 et seq.);                                 Region 5]
                                                  including the findings that: Visibility                    • is certified as not having a
                                                  has improved at Class I areas in                        significant economic impact on a                      Air Plan Approval; Ohio;
                                                  Tennessee and at Class I areas impacted                 substantial number of small entities                  Redesignation of the Ohio Portion of
                                                  by sources in Tennessee; overall                        under the Regulatory Flexibility Act (5               the Cincinnati-Hamilton, Ohio-
                                                  emissions of visibility-impairing                       U.S.C. 601 et seq.);                                  Kentucky-Indiana Area to Attainment
                                                  pollutants from the State’s sources have                   • does not contain any unfunded                    of the 2008 Ozone Standard
                                                  decreased from 2002 to 2008 by                          mandate or significantly or uniquely
                                                                                                                                                                AGENCY:  Environmental Protection
                                                  approximately 25 percent 13 and                         affect small governments, as described
                                                                                                                                                                Agency (EPA).
                                                  emissions of SO2 from certain EGUs in                   in the Unfunded Mandates Reform Act
                                                                                                                                                                ACTION: Proposed rule.
                                                  Tennessee have decreased by                             of 1995 (Pub. L. 104–4);
                                                  approximately 200,000 tons from 2002–                      • does not have Federalism                         SUMMARY:   The Environmental Protection
                                                  2010; 14 and additional EGU control                     implications as specified in Executive                Agency (EPA) is proposing to find that
                                                  measures not relied upon in the State’s                 Order 13132 (64 FR 43255, August 10,                  the Cincinnati-Hamilton, Ohio-
                                                  regional haze plan have occurred or will                1999);                                                Kentucky-Indiana area is attaining the
                                                  occur in the implementation period and                     • is not an economically significant               2008 8-hour ozone National Ambient
                                                  are expected to continue to trend                       regulatory action based on health or                  Air Quality Standard (NAAQS or
                                                  downward. EPA proposes to conclude                      safety risks subject to Executive Order               standard) and to approve a request from
                                                  that Tennessee has adequately                           13045 (62 FR 19885, April 23, 1997);                  the Ohio Environmental Protection
                                                                                                             • is not a significant regulatory action           Agency (Ohio EPA) to redesignate the
                                                  addressed 40 CFR 51.308(h) because the
                                                                                                          subject to Executive Order 13211 (66 FR               Ohio portion of the Cincinnati-Hamilton
                                                  visibility trends at the Class I areas
                                                                                                          28355, May 22, 2001);                                 area to attainment for the 2008 ozone
                                                  impacted by the State’s sources and the
                                                                                                             • is not subject to requirements of
                                                  emissions trends of the State’s largest                                                                       NAAQS because the request meets the
                                                                                                          Section 12(d) of the National
                                                  emitters of visibility-impairing                                                                              statutory requirements for redesignation
                                                                                                          Technology Transfer and Advancement
                                                  pollutants indicate that the RPGs for                                                                         under the Clean Air Act (CAA or Act).
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because
                                                  Class I areas impacted by source in                                                                           The Cincinnati-Hamilton area includes
                                                                                                          application of those requirements would
                                                  Tennessee will be met.                                                                                        Butler, Clermont, Clinton, Hamilton,
                                                                                                          be inconsistent with the CAA; and
                                                                                                                                                                and Warren Counties in Ohio;
                                                  IV. What action is EPA proposing to                        • does not provide EPA with the
                                                                                                                                                                Lawrenceburg Township in Dearborn
                                                  take?                                                   discretionary authority to address, as
                                                                                                                                                                County, Indiana; and, Boone, Campbell,
                                                                                                          appropriate, disproportionate human
                                                    EPA is proposing to approve                                                                                 and Kenton Counties in Kentucky. Ohio
                                                                                                          health or environmental effects, using
                                                  Tennessee’s Regional Haze Progress                                                                            EPA submitted this request on April 21,
                                                                                                          practicable and legally permissible
                                                  Report SIP revision, submitted by the                                                                         2016. EPA is also proposing to approve,
                                                                                                          methods, under Executive Order 12898
                                                  State on April 19, 2013, as meeting the                                                                       as a revision to the Ohio State
                                                                                                          (59 FR 7629, February 16, 1994).
                                                  applicable regional haze requirements                                                                         Implementation Plan (SIP), the state’s
                                                                                                             The SIP is not approved to apply on
                                                  set forth in 40 CFR 51.308(g) and                                                                             plan for maintaining the 2008 8-hour
                                                                                                          any Indian reservation land or in any
                                                  51.308(h).                                                                                                    ozone standard through 2030 in the
                                                                                                          other area where EPA or an Indian tribe
                                                  V. Statutory and Executive Order                        has demonstrated that a tribe has                     Cincinnati-Hamilton area. Finally, EPA
                                                  Reviews                                                 jurisdiction. In those areas of Indian                finds adequate and is proposing to
                                                                                                          country, the rule does not have tribal                approve the state’s 2020 and 2030
                                                    Under the CAA, the Administrator is                                                                         volatile organic compound (VOC) and
                                                  required to approve a SIP submission                    implications as specified by Executive
                                                                                                          Order 13175 (65 FR 67249, November 9,                 oxides of nitrogen (NOX) Motor Vehicle
                                                  that complies with the provisions of the                                                                      Emission Budgets (MVEBs) for the Ohio
                                                  Act and applicable federal regulations.                 2000), nor will it impose substantial
                                                                                                          direct costs on tribal governments or                 and Indiana portion of the Cincinnati-
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                       Hamilton area.
                                                  Thus, in reviewing SIP submissions,                     preempt tribal law.
                                                                                                                                                                DATES: Comments must be received on
                                                  EPA’s role is to approve state choices,                 List of Subjects in 40 CFR Part 52                    or before October 28, 2016.
                                                  provided that they meet the criteria of                   Environmental protection, Air                       ADDRESSES: Submit your comments,
                                                    13 See
                                                                                                          pollution control, Incorporation by                   identified by Docket ID No. EPA–R05–
                                                            page 42 of Tennessee’s Progress Report.
                                                    14 As  discussed earlier, these EGUs were
                                                                                                          reference, Intergovernmental relations,               OAR–2016–0269 at http://
                                                  projected to have controls installed, or projected to   Nitrogen oxides, Particulate matter,                  www.regulations.gov or via email to
                                                  retire, by 2018 in Tennessee’s regional haze SIP.       Reporting and recordkeeping                           aburano.douglas@epa.gov. For


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Document Created: 2016-09-28 01:07:51
Document Modified: 2016-09-28 01:07:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before October 28, 2016.
ContactMichele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected]
FR Citation81 FR 66596 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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