81 FR 66826 - Air Plan Approval; TN: Revisions to Logs and Reports for Startups, Shutdowns and Malfunctions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 189 (September 29, 2016)
Federal Register Volume 81, Issue 189 (September 29, 2016)
| Page Range | 66826-66829 | |
| FR Document | 2016-23302 |
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)] [Rules and Regulations] [Pages 66826-66829] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23302] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0403; FRL-9953-05-Region 4] Air Plan Approval; TN: Revisions to Logs and Reports for Startups, Shutdowns and Malfunctions AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on September 25, 2013. The SIP submittal includes a change to the TDEC regulation ``Logs and Reports.'' EPA is approving this SIP revision because it is consistent with the Clean Air Act (CAA [[Page 66827]] or Act) and federal regulations governing SIPs. DATES: This rule will be effective October 31, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0403. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. This Action EPA is approving a revision to the Tennessee SIP submitted by TDEC on September 25, 2013. Specifically, the submittal includes a change to remove the existing text of subparagraph (2) from Tennessee Air Pollution Control Regulation (TAPCR) Rule 1200-3-20-.04, ``Logs and Reports,'' and replace it with the word ``Reserved.'' Subparagraph (2) provided that all sources located in or having a significant impact on a nonattainment area submit a quarterly report to the Technical Secretary of Tennessee's Air Pollution Control Board that: (1) Identifies periods of startups, shutdowns, and/or malfunctions (SSM events) that result in an exceedance of an emission limitation, (2) estimates the excess emissions released during such SSM events, and (3) provides total source emissions where such emissions are not otherwise required to be reported under Tennessee Air Pollution Control Regulations (TAPCR) Chapters 1200-3-10-.02 or 1200-3-16. EPA is approving Tennessee's September 25, 2013, SIP revision because the proposed revision is consistent with the requirements of the CAA and federal regulations governing SIPs. EPA received no comments on the July 27, 2016 (81 FR 49201), proposed rulemaking. II. Background A. Summary of the September 25, 2013, SIP Revision The CAA and rules governing SIPs in 40 CFR part 51 require recordkeeping and reporting to ensure that sources are in compliance with enforceable emission limits. Paragraph (2) of TAPCR Rule 1200-3- 20-.04 initially helped to satisfy these requirements by providing for quarterly reports of excess emissions during SSM events, as well as total quarterly emissions. Removing this paragraph eliminates a set of requirements covering all source types, including major sources; sources that restrain their ``potential to emit'' to a level that is below the major source applicability threshold through the use of emissions control, restriction on hours of operation, or other means (``synthetic minor source''); and those sources for which potential emissions are below the major source thresholds, even assuming no emission controls and unlimited hours of operation (``true minor sources''). Tennessee's September 25, 2013, SIP submittal demonstrates that CAA requirements for recordkeeping and reporting will continue to be met, as applicable, considering other federal and state regulations. Major sources in Tennessee are subject to title V of the CAA at 40 CFR part 70. This requires: (1) Sources to submit reports of any required monitoring at least every six months at 40 CFR 70.6(a)(3)(iii)(A), including all instances of deviations from permit requirements; (2) an annual compliance certification at 40 CFR 70.6(c)(5); and (3) prompt reporting of deviations from permit requirements at 40 CFR 70.6(a)(3)(iii)(B). TDEC has adopted these requirements into its federally-approved title V operating permits program at TAPCR Rule 1200-3-9-.02(11)(e)1(iii)(III)I, 1200-3- 9-.02(11)(e)3(v), and 1200-3-9-.02(11)(e)1(iii)(III)II, respectively. In addition to the title V reporting requirements, Tennessee's SIP authorizes the Tennessee Air Pollution Control Board's Technical Secretary to require enhanced reporting as needed to verify that a ``major stationary source'' is operating in compliance with applicable requirements. See TAPCR Chapter 1200-3-10-.04(2). Likewise, Tennessee's SIP at TAPCR Rule 1200-3-10-.02, ``Monitoring of Source Emissions, Recording, Reporting of the Same are Required,'' at paragraph (1)(a) states: ``The Technical Secretary may require the owner or operator of any air contaminant source discharging air contaminants . . . to . . . make periodic emission reports as required in paragraph (2).'' Paragraph (2)(a) clarifies that ``[r]ecords and reports as the Technical Secretary shall prescribe,'' must be collected and submitted. Finally, TAPCR Rule 1200-3-20-.08, ``Special Reports Required,'' states that the Technical Secretary ``may require any air contaminant source to submit a report within thirty (30) days after the end of each calendar quarter'' containing dates and details of any SSM events and resultant emissions in excess of applicable limitations. Thus, the SIP contains provisions that allow TDEC to collect reports similar to those in TAPCR 1200-3-20-.04(2) when deemed necessary to determine a source's compliance with applicable requirements. TAPCR 1200-3-20-.04(1), requiring sources to collect and maintain records regarding SSM events and resultant excess emissions, also remains in effect. Regarding total emissions, the State is also required to report to EPA triennial reports of annual (12-month) emissions for all sources and every-year reports of annual emissions of criteria air pollutants and their precursors for all major sources as well as annual emissions reporting from certain larger sources. See subpart A to 40 CFR part 51, the ``Air Emissions Reporting Requirements,'' or ``AERR.'' Further details are provided in the July 27, 2016, proposed rule. Synthetic minor sources, in accordance with SIP-approved TAPCR 1200-3-9-.02(11)(a), are subject to an enforceable limit restricting potential to emit and must implement ``detailed monitoring, reporting and recordkeeping requirements that prove the source is abiding by its more restrictive emission and/or production limits.'' TDEC's synthetic minor permits require: (1) Prompt reporting of any non-compliance with permit conditions designed to restrict ``potential to emit'' below the major source level (the ``synthetic minor limit''), (2) submission of an annual compliance certification supported by records documenting the [[Page 66828]] facility's compliance with its synthetic minor limit, and (3) reporting of excess emissions due to malfunctions in accordance with TAPCR Chapter 1200-3-20-.03. Thus, Tennessee can determine compliance with the applicable permit conditions for synthetic minor sources. Reserving paragraph TAPCR 1200-3-20-.04(2) eliminates the requirement that true minor sources report excess emissions and total emissions to the State. There is no general federal requirement for true minor sources to directly report their emissions to the state or to EPA. The State explains in its submittal that true minor sources were never intended to be required to make these types of reports, but that the regulated community has expanded to include many smaller sources since the Rule's adoption in the TAPCR in 1979. Total emissions from true minor sources are still considered, either in aggregate or via specific reporting. True minor sources with emissions of oxides of nitrogen or volatile organic compounds above 25 tons per year (tpy) report total emissions annually to the State in ozone nonattainment areas, pursuant to TAPCR 1200-3-18-.02(8). Additionally, the AERR requires the state to report emissions from sources at lower thresholds for select criteria air pollutants or precursors in certain nonattainment areas, which may include true minor sources. The AERR also provides for reporting of lead emissions greater than or equal to 0.5 tpy, regardless of an area's attainment status with respect to the lead NAAQS. Otherwise, emissions from true minor sources are reported to EPA in aggregate in accordance with the AERR. Finally, Tennessee noted the Technical Secretary's authority under 1200-3-10-.02(1)(a) to collect reports from ``any air contaminant source.'' TDEC explains that if there were a reason to think a true minor source was impacting air quality standards, the Division of Air Pollution Control could collect these reports of emissions. The combination of federal reporting requirements, reporting requirements under Tennessee's SIP, and Tennessee's authority to request additional information on source emissions when necessary, provide that Tennessee's September 25, 2013, SIP revision does not impair Tennessee's ability to determine the nature and amount of emissions from both major and minor sources and whether such sources are operating in compliance with Tennessee's SIP. Accordingly, EPA's final approval of Tennessee's September 25, 2013, SIP revision is consistent with the minimum SIP requirements pertaining to enforceability and emissions reporting. For more information, see the July 27, 2016, proposed rule (81 FR 49201). EPA received no comments on the proposed rulemaking. B. SSM SIP Call Considerations In this action, EPA is not approving or disapproving revisions to any existing emission limitations that apply during SSM events. EPA notes that on June 12, 2015 (80 FR 33840), the Agency published a formal finding that a number of states have SIPs with SSM provisions that are contrary to the CAA and existing EPA guidance. Accordingly, EPA issued a formal ``SIP call'' requiring the affected states to make a SIP submission to correct the deficient SSM regulations. Id. In that final action, EPA determined that TAPCR Chapter 1200-3-20 has provisions that are contrary to the CAA, specifically paragraph (1) of Rule 1200-3-20-.07, ``Report Required upon the Issuance of Notice of Violation.'' This final action only deals with the deletion of a separate reporting requirement which is reasonably covered by other requirements, and does not impact the provision of the Tennessee Rule implicated in the SSM SIP call, this proposed action does not contradict the finding of inadequacy regarding TAPCR 1200-3-20-.07(1). III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of TAPCR 1200-3- 20-.04, entitled ``Logs and Reports,'' effective June 19, 2013, which removed a quarterly reporting requirement for total emissions and for excess emissions during SSM. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action EPA is taking final action to approve the September 25, 2013, Tennessee SIP revision. This final approval includes the section 110(l) demonstration that modifying the SIP to remove TAPCR 1200-3-20-.04(2) will not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA, and the demonstration that the SIP revision is consistent with section 193 of the Act because it does not address any emissions reduction or emissions control requirement and will have no effect on the emissions of any air pollutant. 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 action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 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); [[Page 66829]] 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. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Incorporation by reference, Reporting and recordkeeping requirements. Dated: September 15, 2016. Kenneth R. Lapierre, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42.U.S.C. 7401 et seq. Subpart RR--Tennessee 0 2. In Sec. 52.2220, table 1 in paragraph (c) is amended by revising the entry for ``Section 1200-3-20-.04'' to read as follows: Sec. 52.2220 Identification of plan. * * * * * (c) * * * Table 1--EPA-Approved Tennessee Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 1200-3-20 Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 1200-3-20-.04............ Logs and reports... 6/19/2013 9/29/2016, [Insert ................... Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-23302 Filed 9-28-16; 8:45 am] BILLING CODE 6560-50-P
![66826 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations
TABLE 4—ADDITIONAL REGULATIONS APPROVED FOR THE BENTON CLEAN AIR AGENCY (BCAA) JURISDICTION
[Applicable in Benton County, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction, Indian reservations
and any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and facilities subject to the applicability
sections of WAC 173–400–700, 173–405–012, 173–410–012, and 173–415–012]
State/local
State/local citation Title/subject EPA approval date Explanations
effective date
* * * * * * *
Washington Department of Ecology Regulations
Washington Administrative Code, Chapter 173–400—General Regulations for Air Pollution Sources
* * * * * * *
173–400–110 ............. New Source Review 12/29/12 9/29/16 [Insert Federal Except: 173–400–110(1)(c)(ii)(C); 173–400–
(NSR) for Sources Register citation]. 110(1)(e); 173–400–110(2)(d); The part of
and Portable Sources. WAC 173–400–110(4)(b)(vi) that says,
• ‘‘not for use with materials containing toxic air
pollutants, as listed in chapter 173–460
WAC,’’;
The part of 400–110(4)(e)(iii) that says,
• ‘‘where toxic air pollutants as defined in
chapter 173–460 WAC are not emitted’’;
The part of 400–110(4)(f)(i) that says,
• ‘‘that are not toxic air pollutants listed in
chapter 173–460 WAC’’;
The part of 400–110(4)(h)(xviii) that says,
• ‘‘, to the extent that toxic air pollutant
gases as defined in chapter 173–460
WAC are not emitted’’;
The part of 400–110(4)(h)(xxxiii) that says,
• ‘‘where no toxic air pollutants as listed
under chapter 173–460 WAC are emit-
ted’’;
The part of 400–110(4)(h)(xxxiv) that says,
• ‘‘, or ≤1% (by weight) toxic air pollutants
as listed in chapter 173–460 WAC’’;
The part of 400–110(4)(h)(xxxv) that says,
• ‘‘or ≤1% (by weight) toxic air pollutants’’;
The part of 400–110(4)(h)(xxxvi) that says,
• ‘‘or ≤1% (by weight) toxic air pollutants as
listed in chapter 173–460 WAC’’; 400–
110(4)(h)(xl), second sentence;
The last row of the table in 173–400–110(5)(b)
regarding exemption levels for Toxic Air Pollut-
ants.
* * * * * * *
173–400–112 ............. Requirements for New 12/29/12 9/29/16 [Insert FEDERAL
Sources in Nonattain- REGISTER citation].
ment Areas—Review
for Compliance with
Regulations.
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2016–23298 Filed 9–28–16; 8:45 am] AGENCY
BILLING CODE 6560–50–P SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R04–OAR–2015–0403; FRL–9953–05– submitted by the State of Tennessee,
Region 4] through the Tennessee Department of
mstockstill on DSK3G9T082PROD with RULES
Environment and Conservation (TDEC),
Air Plan Approval; TN: Revisions to
on September 25, 2013. The SIP
Logs and Reports for Startups,
Shutdowns and Malfunctions submittal includes a change to the TDEC
regulation ‘‘Logs and Reports.’’ EPA is
AGENCY: Environmental Protection approving this SIP revision because it is
Agency. consistent with the Clean Air Act (CAA
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![Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations 66827
or Act) and federal regulations SSM events, and (3) provides total authorizes the Tennessee Air Pollution
governing SIPs. source emissions where such emissions Control Board’s Technical Secretary to
DATES: This rule will be effective are not otherwise required to be require enhanced reporting as needed to
October 31, 2016. reported under Tennessee Air Pollution verify that a ‘‘major stationary source’’
ADDRESSES: EPA has established a Control Regulations (TAPCR) Chapters is operating in compliance with
docket for this action under Docket 1200–3–10-.02 or 1200–3–16. EPA is applicable requirements. See TAPCR
Identification No. EPA–R04–OAR– approving Tennessee’s September 25, Chapter 1200–3–10–.04(2). Likewise,
2015–0403. All documents in the docket 2013, SIP revision because the proposed Tennessee’s SIP at TAPCR Rule 1200–3–
are listed on the www.regulations.gov revision is consistent with the 10–.02, ‘‘Monitoring of Source
Web site. Although listed in the index, requirements of the CAA and federal Emissions, Recording, Reporting of the
some information is not publicly regulations governing SIPs. EPA Same are Required,’’ at paragraph (1)(a)
available, i.e., Confidential Business received no comments on the July 27, states: ‘‘The Technical Secretary may
Information or other information whose 2016 (81 FR 49201), proposed require the owner or operator of any air
disclosure is restricted by statute. rulemaking. contaminant source discharging air
Certain other material, such as contaminants . . . to . . . make periodic
II. Background emission reports as required in
copyrighted material, is not placed on
the Internet and will be publicly A. Summary of the September 25, 2013, paragraph (2).’’ Paragraph (2)(a) clarifies
available only in hard copy form. SIP Revision that ‘‘[r]ecords and reports as the
Publicly available docket materials are Technical Secretary shall prescribe,’’
The CAA and rules governing SIPs in
available either electronically through must be collected and submitted.
40 CFR part 51 require recordkeeping
www.regulations.gov or in hard copy at Finally, TAPCR Rule 1200–3–20–.08,
and reporting to ensure that sources are
the Air Regulatory Management Section, ‘‘Special Reports Required,’’ states that
in compliance with enforceable the Technical Secretary ‘‘may require
Air Planning and Implementation emission limits. Paragraph (2) of TAPCR
Branch, Air, Pesticides and Toxics any air contaminant source to submit a
Rule 1200–3–20–.04 initially helped to report within thirty (30) days after the
Management Division, U.S. satisfy these requirements by providing
Environmental Protection Agency, end of each calendar quarter’’
for quarterly reports of excess emissions containing dates and details of any SSM
Region 4, 61 Forsyth Street SW., during SSM events, as well as total
Atlanta, Georgia 30303–8960. EPA events and resultant emissions in excess
quarterly emissions. Removing this of applicable limitations. Thus, the SIP
requests that if at all possible, you paragraph eliminates a set of contains provisions that allow TDEC to
contact the person listed in the FOR requirements covering all source types, collect reports similar to those in
FURTHER INFORMATION CONTACT section to including major sources; sources that TAPCR 1200–3–20–.04(2) when deemed
schedule your inspection. The Regional restrain their ‘‘potential to emit’’ to a necessary to determine a source’s
Office’s official hours of business are level that is below the major source compliance with applicable
Monday through Friday 8:30 a.m. to applicability threshold through the use requirements. TAPCR 1200–3–20–
4:30 p.m., excluding federal holidays. of emissions control, restriction on .04(1), requiring sources to collect and
FOR FURTHER INFORMATION CONTACT: Brad hours of operation, or other means maintain records regarding SSM events
Akers, Air Regulatory Management (‘‘synthetic minor source’’); and those and resultant excess emissions, also
Section, Air Planning and sources for which potential emissions remains in effect.
Implementation Branch, Pesticides and are below the major source thresholds, Regarding total emissions, the State is
Toxics Management Division, Region 4, even assuming no emission controls and also required to report to EPA triennial
U.S. Environmental Protection Agency, unlimited hours of operation (‘‘true reports of annual (12-month) emissions
61 Forsyth Street SW., Atlanta, Georgia minor sources’’). Tennessee’s September for all sources and every-year reports of
30303–8960. Mr. Akers can be reached 25, 2013, SIP submittal demonstrates annual emissions of criteria air
by telephone at (404) 562–9089 or via that CAA requirements for pollutants and their precursors for all
electronic mail at akers.brad@epa.gov. recordkeeping and reporting will major sources as well as annual
SUPPLEMENTARY INFORMATION: continue to be met, as applicable, emissions reporting from certain larger
considering other federal and state sources. See subpart A to 40 CFR part
I. This Action regulations. 51, the ‘‘Air Emissions Reporting
EPA is approving a revision to the Major sources in Tennessee are Requirements,’’ or ‘‘AERR.’’ Further
Tennessee SIP submitted by TDEC on subject to title V of the CAA at 40 CFR details are provided in the July 27, 2016,
September 25, 2013. Specifically, the part 70. This requires: (1) Sources to proposed rule.
submittal includes a change to remove submit reports of any required Synthetic minor sources, in
the existing text of subparagraph (2) monitoring at least every six months at accordance with SIP-approved TAPCR
from Tennessee Air Pollution Control 40 CFR 70.6(a)(3)(iii)(A), including all 1200–3–9–.02(11)(a), are subject to an
Regulation (TAPCR) Rule 1200–3–20– instances of deviations from permit enforceable limit restricting potential to
.04, ‘‘Logs and Reports,’’ and replace it requirements; (2) an annual compliance emit and must implement ‘‘detailed
with the word ‘‘Reserved.’’ certification at 40 CFR 70.6(c)(5); and (3) monitoring, reporting and
Subparagraph (2) provided that all prompt reporting of deviations from recordkeeping requirements that prove
sources located in or having a permit requirements at 40 CFR the source is abiding by its more
significant impact on a nonattainment 70.6(a)(3)(iii)(B). TDEC has adopted restrictive emission and/or production
area submit a quarterly report to the these requirements into its federally- limits.’’ TDEC’s synthetic minor permits
mstockstill on DSK3G9T082PROD with RULES
Technical Secretary of Tennessee’s Air approved title V operating permits require: (1) Prompt reporting of any
Pollution Control Board that: (1) program at TAPCR Rule 1200–3–9– non-compliance with permit conditions
Identifies periods of startups, .02(11)(e)1(iii)(III)I, 1200–3–9– designed to restrict ‘‘potential to emit’’
shutdowns, and/or malfunctions (SSM .02(11)(e)3(v), and 1200–3–9– below the major source level (the
events) that result in an exceedance of .02(11)(e)1(iii)(III)II, respectively. ‘‘synthetic minor limit’’), (2) submission
an emission limitation, (2) estimates the In addition to the title V reporting of an annual compliance certification
excess emissions released during such requirements, Tennessee’s SIP supported by records documenting the
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• Is not subject to requirements of submit a rule report, which includes a List of Subjects in 40 CFR Part 52
section 12(d) of the National copy of the rule, to each House of the
Technology Transfer and Advancement Congress and to the Comptroller General Environmental protection,
Act of 1995 (15 U.S.C. 272 note) because of the United States. EPA will submit a Incorporation by reference, Reporting
application of those requirements would report containing this action and other and recordkeeping requirements.
be inconsistent with the CAA; and required information to the U.S. Senate, Dated: September 15, 2016.
• Does not provide EPA with the the U.S. House of Representatives, and Kenneth R. Lapierre,
discretionary authority to address, as the Comptroller General of the United
Acting Regional Administrator, Region 4.
appropriate, disproportionate human States prior to publication of the rule in
health or environmental effects, using the Federal Register. A major rule 40 CFR part 52 is amended as follows:
practicable and legally permissible cannot take effect until 60 days after it
methods, under Executive Order 12898 is published in the Federal Register. PART 52—APPROVAL AND
(59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as PROMULGATION OF
The SIP is not approved to apply on defined by 5 U.S.C. 804(2). IMPLEMENTATION PLANS
any Indian reservation land or in any Under section 307(b)(1) of the CAA,
other area where EPA or an Indian tribe petitions for judicial review of this ■ 1. The authority citation for part 52
has demonstrated that a tribe has action must be filed in the United States continues to read as follows:
jurisdiction. In those areas of Indian Court of Appeals for the appropriate
country, the rule does not have tribal circuit by November 28, 2016. Filing a Authority: 42.U.S.C. 7401 et seq.
implications as specified by Executive petition for reconsideration by the
Order 13175 (65 FR 67249, November 9, Administrator of this final rule does not Subpart RR—Tennessee
2000), nor will it impose substantial affect the finality of this action for the
direct costs on tribal governments or purposes of judicial review nor does it ■ 2. In § 52.2220, table 1 in paragraph
preempt tribal law. extend the time within which a petition (c) is amended by revising the entry for
The Congressional Review Act, 5 for judicial review may be filed, and ‘‘Section 1200–3–20–.04’’ to read as
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of follows:
Business Regulatory Enforcement such rule or action. This action may not § 52.2220 Identification of plan.
Fairness Act of 1996, generally provides be challenged later in proceedings to
that before a rule may take effect, the enforce its requirements. See section * * * * *
agency promulgating the rule must 307(b)(2). (c) * * *
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Chapter 1200–3–20 Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns
* * * * * * *
Section 1200–3–20–.04 .......... Logs and reports .................... 6/19/2013 9/29/2016, [Insert Federal
Register citation].
* * * * * * *
* * * * * SUMMARY: This rule identifies a (CSB). The CSB is available at http://
[FR Doc. 2016–23302 Filed 9–28–16; 8:45 am] community where the sale of flood www.fema.gov/national-flood-program-
BILLING CODE 6560–50–P insurance has been authorized under community-status-book.
the National Flood Insurance Program DATES: The effective date of the
(NFIP) that is scheduled for suspension community’s scheduled suspension is
DEPARTMENT OF HOMELAND on the effective date listed within this the third date (‘‘Susp.’’) listed in the
SECURITY rule because of noncompliance with the third column of the following tables.
floodplain management requirements of
the program. If the Federal Emergency FOR FURTHER INFORMATION CONTACT: If
Federal Emergency Management
Management Agency (FEMA) receives you want to determine whether a
Agency
documentation that the community has particular community was suspended
adopted the required floodplain on the suspension date or for further
44 CFR Part 64
management measures prior to the information, contact Patricia Suber,
[Docket ID FEMA–2016–0002; Internal effective suspension date given in this Federal Insurance and Mitigation
Administration, Federal Emergency
mstockstill on DSK3G9T082PROD with RULES
Agency Docket No. FEMA–9999] rule, the suspension will not occur and
a notice of this will be provided by Management Agency, 400 C Street SW.,
Suspension of Community Eligibility publication in the Federal Register on a Washington, DC 20472, (202) 646–4149.
AGENCY: Federal Emergency subsequent date. Also, information SUPPLEMENTARY INFORMATION: The NFIP
Management Agency, DHS. identifying the current participation enables property owners to purchase
status of a community can be obtained Federal flood insurance that is not
ACTION: Final rule.
from FEMA’s Community Status Book otherwise generally available from
VerDate Sep<11>2014 22:57 Sep 28, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1](https://thefederalregister.org/doc/81_FR_67015/page/4.svg)
Document Created: 2016-09-29 04:14:31
Document Modified: 2016-09-29 04:14:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 31, 2016. | |
| Contact | Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by telephone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 66826 | |
| CFR Associated | Environmental Protection; Incorporation by Reference and Reporting and Recordkeeping Requirements |
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