83_FR_48430 83 FR 48245 - Air Plan Approval; TN: Revisions to New Source Review

83 FR 48245 - Air Plan Approval; TN: Revisions to New Source Review

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 185 (September 24, 2018)

Page Range48245-48249
FR Document2018-20629

The Environmental Protection Agency (EPA) is approving changes to the Tennessee State Implementation Plan (SIP) to revise New Source Review (NSR) regulations. Specifically, EPA is approving the portions of a SIP revision submitted by the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), on May 28, 2009, that modify the definitions of ``baseline actual emissions.'' This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 83 Issue 185 (Monday, September 24, 2018)
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48245-48249]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20629]



[[Page 48245]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0050; FRL-9984-10--Region 4]


Air Plan Approval; TN: Revisions to New Source Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the Tennessee State Implementation Plan (SIP) to revise New Source 
Review (NSR) regulations. Specifically, EPA is approving the portions 
of a SIP revision submitted by the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC), on May 28, 
2009, that modify the definitions of ``baseline actual emissions.'' 
This action is being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective October 24, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0050. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking?

    On May 28, 2009, TDEC submitted a SIP revision to EPA for approval 
that contains changes to Tennessee's SIP-approved major NSR permitting 
regulations at Tennessee Air Pollution Control Regulations (TAPCR) 
1200-3-9-.01--``Construction Permits,'' including the adoption of 
federal requirements and the modification of certain other provisions. 
In this action, EPA is approving the portions of this SIP submission 
that make changes to the definitions of ``baseline actual emissions'' 
in Tennessee's SIP-approved Prevention of Significant Deterioration 
(PSD) and nonattainment NSR (NNSR) regulations at TAPCR 1200-3-
9-.01(4)--``Prevention of Significant Air Quality Deterioration'' and 
1200-3-9-.01(5)(b)--``Nonattainment Areas,'' respectively. Tennessee's 
NSR regulations at TAPCR 1200-3-9-.01 were last revised in the SIP on 
July 25, 2013 (78 FR 44886).
    On June 20, 2018 (83 FR 28577), EPA published a notice of proposed 
rulemaking (NPRM) proposing to approve the portions of Tennessee's SIP 
revision described in Section II, below. The details of Tennessee's SIP 
revision and the rationale for EPA's actions are further explained in 
the NPRM. EPA received no adverse comments on the proposed approval.

II. Analysis of Tennessee's Submittal

    Tennessee's May 28, 2009, submittal revises the SIP-approved 
definitions of ``baseline actual emissions'' at TAPCR 1200-3-
9-.01(4)(b)(45)(i)(III) and 1200-3-9-.01(4)(b)(45)(ii)(IV) for PSD, and 
1200-3-9-.01(5)(b)(1)(xlvii)(I)III and 1200-3-
9-.01(5)(b)(1)(xlvii)(II)IV for NNSR. The revised definitions read as 
follows (strikethrough indicates language removed from the SIP in this 
action and underlined text indicates language added):
BILLING CODE 6560-50-P

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[GRAPHIC] [TIFF OMITTED] TR24SE18.001


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    \1\ The ``baseline actual emissions'' for a proposed project are 
considered when determining whether a ``significant emissions 
increase'' will occur. If a ``significant emissions increase'' is 
shown as a result of the project, then the ``net emissions 
increase'' is calculated, considering contemporaneous and creditable 
increases and decreases from unrelated projects to determine whether 
the project will result in a ``significant net emissions increase.'' 
Thus, the baseline period referenced here is most relevant to the 
determination of a ``significant emissions increase.''
    \2\ Although the revision refers to modifications and new 
sources, it does not affect new sources or new units because 
Tennessee's SIP-approved rules require new sources/units to use the 
actual-to-potential test--not the actual-to-projected-actual test--
and the corresponding baseline actual emissions for new sources/
units are set to zero. This is consistent with federal rules. The 
revision only applies to projects that involve multiple existing 
emissions units.

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[GRAPHIC] [TIFF OMITTED] TR24SE18.002

BILLING CODE 6560-50-C
    The changes mean that a project involving multiple emissions units 
is no longer subject to major NSR permitting under the revised 
definitions if it meets the limiting criteria identified above for the 
use of pollutant-specific baseline periods. EPA's major NSR rules do 
not contain such limiting criteria. Under the federal major NSR rules, 
a state must adopt the federal definitions into its SIP unless the 
state's definitions are more stringent than, or at least as stringent 
as, the federal definitions. See 40 CFR 51.165(a)(1) and 51.166(b). EPA 
finds that Tennessee's changes to its SIP-approved definitions of 
``baseline actual emissions'' are more stringent than the federal 
definitions given the limiting criteria and are therefore allowable 
changes to Tennessee's SIP-approved NSR program pursuant to 40 CFR 
51.165(a)(1) and 51.166(b).
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    \3\ See footnote 2.
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    Section 110(l) of the CAA prohibits EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and RFP (as defined in section 171), or any other 
applicable requirement of the CAA. EPA has determined that the changes 
to the Tennessee SIP, as described above, would not violate section 
110(l) for the following reasons: (1) Tennessee's changes will maintain 
the State program at a more stringent level than the federal NSR 
requirements; \4\ (2) the State is currently attaining all of the NAAQS 
except for the 2010 1-hour sulfur dioxide (SO2) NAAQS in a 
portion of Sullivan County; \5\ and (3) any projects that would not 
qualify as major modifications under the revised definitions would 
still be subject to the preconstruction review and permitting 
requirements of Tennessee's SIP-approved minor NSR regulations at TAPCR 
1200-3-9-.01(1). For a more complete discussion, see the NPRM.
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    \4\ EPA also believes that the impact, if any, on air quality as 
a result of the changes would be small given the nature of the 
actual-to-projected-actual test and the limited applicability of the 
multiple baseline provision.
    \5\ On May 12, 2017, TDEC submitted a plan to EPA to attain the 
2010 1-hour SO2 NAAQS in Sullivan County. EPA proposed 
approval of the of the Sullivan County attainment demonstration on 
June 29, 2018 (83 FR 30609).
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III. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the portions 
of TAPCR 1200-3-9-.01--``Construction Permits,'' \6\ which specifically 
revise the definitions of ``baseline actual emissions'' in Tennessee's 
SIP-approved PSD and NNSR regulations as discussed in Section II 
above,\7\ state effective April 24, 2013. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

[[Page 48248]]

Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\8\
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    \6\ The title of this regulation is erroneously listed as 
``Definitions'' in the ``Title/subject'' column of 40 CFR 
52.2220(c). Therefore, EPA is correcting the ``Title/subject'' entry 
in this action.
    \7\ The state effective date of the rule changes to the 
definitions of ``baseline actual emissions'' in Tennessee's May 28, 
2009, SIP revision is May 10, 2009. However, these changes to 
Tennessee's rule are captured and superseded by the version of TAPCR 
1200-3-9-.01 that was state effective on April 24, 2013. On July 25, 
2013 (78 FR 44889), EPA approved portions of the April 24, 2013 
version of TAPCR 1200-3-9-.01 that were included in a May 10, 2013 
SIP revision and modified the state effective date at 40 CFR 
52.2220(c) accordingly.
    \8\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the changes to the definitions of ``baseline 
actual emissions'' in Tennessee's SIP-approved PSD and NNSR regulations 
at TAPCR 1200-3-9-.01(4)--``Prevention of Significant Air Quality 
Deterioration'' and 1200-3-9-.01(5)(b)--``Nonattainment Areas,'' 
respectively, because they are consistent with the CAA and federal 
regulations.

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. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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.
    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 23, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
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 ``Section 1200-3-9-.01'' to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

[[Page 48249]]



                                   Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Chapter 1200-3-9 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 1200-3-9-.01.............  Construction              4/24/2013  9/24/2018, [insert   EPA approved
                                    Permits.                             Federal Register     Tennessee's May
                                                                         citation].           10, 2013, SIP
                                                                                              revision to
                                                                                              Chapter 1200-3-9-
                                                                                              .01 on July 25,
                                                                                              2013, with the
                                                                                              exception of the
                                                                                              PM2.5 SILs (at
                                                                                              1200-3-9-.01(5)(b)
                                                                                              1(xix)) and SMC
                                                                                              (at 1200-3-9-
                                                                                              .01(4)(d)6(i)(III)
                                                                                              ) as promulgated
                                                                                              in the October 20,
                                                                                              2010, PM2.5
                                                                                              Increments-SILs-
                                                                                              SMC Rule.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-20629 Filed 9-21-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations                                      48245

                                             ENVIRONMENTAL PROTECTION                                the internet and will be publicly                     requirements and the modification of
                                             AGENCY                                                  available only in hard copy form.                     certain other provisions. In this action,
                                                                                                     Publicly available docket materials are               EPA is approving the portions of this
                                             40 CFR Part 52                                          available either electronically through               SIP submission that make changes to the
                                             [EPA–R04–OAR–2017–0050; FRL–9984–                       www.regulations.gov or in hard copy at                definitions of ‘‘baseline actual
                                             10—Region 4]                                            the Air Regulatory Management Section,                emissions’’ in Tennessee’s SIP-approved
                                                                                                     Air Planning and Implementation                       Prevention of Significant Deterioration
                                             Air Plan Approval; TN: Revisions to                     Branch, Air, Pesticides and Toxics                    (PSD) and nonattainment NSR (NNSR)
                                             New Source Review                                       Management Division, U.S.                             regulations at TAPCR 1200–3–9–
                                                                                                     Environmental Protection Agency,                      .01(4)—‘‘Prevention of Significant Air
                                             AGENCY:  Environmental Protection
                                                                                                     Region 4, 61 Forsyth Street SW, Atlanta,              Quality Deterioration’’ and 1200–3–9–
                                             Agency (EPA).
                                                                                                     Georgia 30303–8960. EPA requests that                 .01(5)(b)—‘‘Nonattainment Areas,’’
                                             ACTION: Final rule.                                     if at all possible, you contact the person            respectively. Tennessee’s NSR
                                             SUMMARY:   The Environmental Protection                 listed in the FOR FURTHER INFORMATION                 regulations at TAPCR 1200–3–9–.01
                                             Agency (EPA) is approving changes to                    CONTACT section to schedule your                      were last revised in the SIP on July 25,
                                             the Tennessee State Implementation                      inspection. The Regional Office’s                     2013 (78 FR 44886).
                                             Plan (SIP) to revise New Source Review                  official hours of business are Monday                   On June 20, 2018 (83 FR 28577), EPA
                                             (NSR) regulations. Specifically, EPA is                 through Friday 8:30 a.m. to 4:30 p.m.,                published a notice of proposed
                                             approving the portions of a SIP revision                excluding Federal holidays.                           rulemaking (NPRM) proposing to
                                             submitted by the State of Tennessee,                    FOR FURTHER INFORMATION CONTACT: D.                   approve the portions of Tennessee’s SIP
                                             through the Tennessee Department of                     Brad Akers, Air Regulatory Management                 revision described in Section II, below.
                                             Environment and Conservation (TDEC),                    Section, Air Planning and                             The details of Tennessee’s SIP revision
                                             on May 28, 2009, that modify the                        Implementation Branch, Air, Pesticides                and the rationale for EPA’s actions are
                                             definitions of ‘‘baseline actual                        and Toxics Management Division, U.S.                  further explained in the NPRM. EPA
                                             emissions.’’ This action is being taken                 Environmental Protection Agency,                      received no adverse comments on the
                                             pursuant to the Clean Air Act (CAA or                   Region 4, 61 Forsyth Street SW, Atlanta,              proposed approval.
                                             Act).                                                   Georgia 30303–8960. Mr. Akers can be
                                                                                                     reached via telephone at (404) 562–9089               II. Analysis of Tennessee’s Submittal
                                             DATES: This rule is effective October 24,
                                             2018.                                                   or via electronic mail at akers.brad@                    Tennessee’s May 28, 2009, submittal
                                             ADDRESSES: EPA has established a                        epa.gov.                                              revises the SIP-approved definitions of
                                             docket for this action under Docket                     SUPPLEMENTARY INFORMATION:                            ‘‘baseline actual emissions’’ at TAPCR
                                             Identification No. EPA–R04–OAR–                                                                               1200–3–9–.01(4)(b)(45)(i)(III) and 1200–
                                             2017–0050. All documents in the docket                  I. What action is EPA taking?                         3–9–.01(4)(b)(45)(ii)(IV) for PSD, and
                                             are listed on the www.regulations.gov                     On May 28, 2009, TDEC submitted a                   1200–3–9–.01(5)(b)(1)(xlvii)(I)III and
                                             website. Although listed in the index,                  SIP revision to EPA for approval that                 1200–3–9–.01(5)(b)(1)(xlvii)(II)IV for
                                             some information may not be publicly                    contains changes to Tennessee’s SIP-                  NNSR. The revised definitions read as
                                             available, i.e., Confidential Business                  approved major NSR permitting                         follows (strikethrough indicates
                                             Information or other information whose                  regulations at Tennessee Air Pollution                language removed from the SIP in this
                                             disclosure is restricted by statute.                    Control Regulations (TAPCR) 1200–3–                   action and underlined text indicates
                                             Certain other material, such as                         9–.01—‘‘Construction Permits,’’                       language added):
                                             copyrighted material, is not placed on                  including the adoption of federal                     BILLING CODE 6560–50–P
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                                             48246            Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations

                                                                 "For a regulated NSR pollutant, when a project involves multiple emissions units,

                                                                 effiy--one consecutive 24-month period must be used to determine the baseline

                                                                 actual emissions for the emissions units being changed. However, the Technical

                                                                 Secretary is authorized to allow the use of multiple, pollutant specific consecutive

                                                                 24-month baselines in determining the magnitude of a significant net emissions

                                                                 increase 1 and the applicability of major new source review requirements if all of

                                                                 the following conditions are met:

                                                                             I. Construction of a new source 2 or modification would become subject to

                                                                             major new source review if a single 2-year baseline is used for all

                                                                             pollutants.

                                                                             II. One or more pollutants were emitted during such 2-year period in

                                                                             amounts that were less than otherwise permitted for reasons other than

                                                                             operations at a lower production or utilization rate. Qualifying examples

                                                                             include, but are not limited to, the voluntary use of:

                                                                                         A. a cleaner fuel than otherwise permitted in a fuel burning

                                                                                         operation (e.g., natural gas instead of coal in a multi-fuel boiler),

                                                                                         B. a coating with a lower VOC content than otherwise permitted in

                                                                                         a coating operation,
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                                                1 The ‘‘baseline actual emissions’’ for a proposed   whether the project will result in a ‘‘significant net   potential test—not the actual-to-projected-actual
                                             project are considered when determining whether         emissions increase.’’ Thus, the baseline period          test—and the corresponding baseline actual
                                             a ‘‘significant emissions increase’’ will occur. If a   referenced here is most relevant to the                  emissions for new sources/units are set to zero. This
                                             ‘‘significant emissions increase’’ is shown as a        determination of a ‘‘significant emissions increase.’’   is consistent with federal rules. The revision only
                                             result of the project, then the ‘‘net emissions           2 Although the revision refers to modifications        applies to projects that involve multiple existing
                                             increase’’ is calculated, considering                   and new sources, it does not affect new sources or       emissions units.
                                                                                                                                                                                                                      ER24SE18.001</GPH>




                                             contemporaneous and creditable increases and            new units because Tennessee’s SIP-approved rules
                                             decreases from unrelated projects to determine          require new sources/units to use the actual-to-


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                                                               Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations                                                     48247




                                             BILLING CODE 6560–50–C                                    changes to the Tennessee SIP, as                        incorporation by reference. In
                                                The changes mean that a project                        described above, would not violate                      accordance with requirements of 1 CFR
                                             involving multiple emissions units is no                  section 110(l) for the following reasons:               51.5, EPA is finalizing the incorporation
                                             longer subject to major NSR permitting                    (1) Tennessee’s changes will maintain                   by reference of the portions of TAPCR
                                             under the revised definitions if it meets                 the State program at a more stringent                   1200–3–9–.01—‘‘Construction
                                             the limiting criteria identified above for                level than the federal NSR                              Permits,’’ 6 which specifically revise the
                                             the use of pollutant-specific baseline                    requirements; 4 (2) the State is currently              definitions of ‘‘baseline actual
                                             periods. EPA’s major NSR rules do not                     attaining all of the NAAQS except for                   emissions’’ in Tennessee’s SIP-approved
                                             contain such limiting criteria. Under the                 the 2010 1-hour sulfur dioxide (SO2)                    PSD and NNSR regulations as discussed
                                             federal major NSR rules, a state must                     NAAQS in a portion of Sullivan                          in Section II above,7 state effective April
                                             adopt the federal definitions into its SIP                County; 5 and (3) any projects that                     24, 2013. EPA has made, and will
                                             unless the state’s definitions are more                   would not qualify as major                              continue to make, these materials
                                             stringent than, or at least as stringent as,              modifications under the revised                         generally available through
                                             the federal definitions. See 40 CFR                       definitions would still be subject to the               www.regulations.gov and at the EPA
                                             51.165(a)(1) and 51.166(b). EPA finds                     preconstruction review and permitting                   Region 4 Office (please contact the
                                             that Tennessee’s changes to its SIP-                      requirements of Tennessee’s SIP-                        person identified in the FOR FURTHER
                                             approved definitions of ‘‘baseline actual                 approved minor NSR regulations at                       INFORMATION CONTACT section of this
                                             emissions’’ are more stringent than the                   TAPCR 1200–3–9–.01(1). For a more                       preamble for more information).
                                             federal definitions given the limiting                    complete discussion, see the NPRM.
                                             criteria and are therefore allowable                                                                                 6 The title of this regulation is erroneously listed

                                             changes to Tennessee’s SIP-approved                       III. Incorporation by Reference                         as ‘‘Definitions’’ in the ‘‘Title/subject’’ column of 40
                                             NSR program pursuant to 40 CFR                              In this document, EPA is finalizing                   CFR 52.2220(c). Therefore, EPA is correcting the
                                                                                                                                                               ‘‘Title/subject’’ entry in this action.
                                             51.165(a)(1) and 51.166(b).                               regulatory text that includes                              7 The state effective date of the rule changes to the
                                                Section 110(l) of the CAA prohibits                                                                            definitions of ‘‘baseline actual emissions’’ in
                                                                                                         4 EPA also believes that the impact, if any, on air
                                             EPA from approving a SIP revision that                                                                            Tennessee’s May 28, 2009, SIP revision is May 10,
                                                                                                       quality as a result of the changes would be small       2009. However, these changes to Tennessee’s rule
                                             would interfere with any applicable
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                                                                                                       given the nature of the actual-to-projected-actual      are captured and superseded by the version of
                                             requirement concerning attainment and                     test and the limited applicability of the multiple      TAPCR 1200–3–9–.01 that was state effective on
                                             RFP (as defined in section 171), or any                   baseline provision.                                     April 24, 2013. On July 25, 2013 (78 FR 44889),
                                             other applicable requirement of the                         5 On May 12, 2017, TDEC submitted a plan to           EPA approved portions of the April 24, 2013
                                             CAA. EPA has determined that the                          EPA to attain the 2010 1-hour SO2 NAAQS in              version of TAPCR 1200–3–9–.01 that were included
                                                                                                       Sullivan County. EPA proposed approval of the of        in a May 10, 2013 SIP revision and modified the
                                                                                                       the Sullivan County attainment demonstration on         state effective date at 40 CFR 52.2220(c)
                                                                                                                                                                                                                          ER24SE18.002</GPH>




                                               3 See   footnote 2.                                     June 29, 2018 (83 FR 30609).                            accordingly.



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                                             48248            Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations

                                             Therefore, these materials have been                      substantial number of small entities                  States prior to publication of the rule in
                                             approved by EPA for inclusion in the                      under the Regulatory Flexibility Act (5               the Federal Register. A major rule
                                             State implementation plan, have been                      U.S.C. 601 et seq.);                                  cannot take effect until 60 days after it
                                             incorporated by reference by EPA into                        • Does not contain any unfunded                    is published in the Federal Register.
                                             that plan, are fully federally enforceable                mandate or significantly or uniquely                  This action is not a ‘‘major rule’’ as
                                             under sections 110 and 113 of the CAA                     affect small governments, as described                defined by 5 U.S.C. 804(2).
                                             as of the effective date of the final                     in the Unfunded Mandates Reform Act                      Under section 307(b)(1) of the CAA,
                                             rulemaking of EPA’s approval, and will                    of 1995 (Pub. L. 104–4);                              petitions for judicial review of this
                                             be incorporated by reference in the next                     • Does not have Federalism                         action must be filed in the United States
                                             update to the SIP compilation.8                           implications as specified in Executive                Court of Appeals for the appropriate
                                                                                                       Order 13132 (64 FR 43255, August 10,                  circuit by November 23, 2018. Filing a
                                             IV. Final Action                                          1999);                                                petition for reconsideration by the
                                                EPA is approving the changes to the                       • Is not an economically significant
                                                                                                                                                             Administrator of this final rule does not
                                             definitions of ‘‘baseline actual                          regulatory action based on health or
                                                                                                                                                             affect the finality of this action for the
                                             emissions’’ in Tennessee’s SIP-approved                   safety risks subject to Executive Order
                                                                                                                                                             purposes of judicial review nor does it
                                             PSD and NNSR regulations at TAPCR                         13045 (62 FR 19885, April 23, 1997);
                                                                                                          • Is not a significant regulatory action           extend the time within which a petition
                                             1200–3–9–.01(4)—‘‘Prevention of
                                                                                                       subject to Executive Order 13211 (66 FR               for judicial review may be filed, and
                                             Significant Air Quality Deterioration’’
                                                                                                       28355, May 22, 2001);                                 shall not postpone the effectiveness of
                                             and 1200–3–9–.01(5)(b)—
                                                                                                          • Is not subject to requirements of                such rule or action. This action may not
                                             ‘‘Nonattainment Areas,’’ respectively,
                                                                                                       section 12(d) of the National                         be challenged later in proceedings to
                                             because they are consistent with the
                                                                                                       Technology Transfer and Advancement                   enforce its requirements. See section
                                             CAA and federal regulations.
                                                                                                       Act of 1995 (15 U.S.C. 272 note) because              307(b)(2).
                                             V. Statutory and Executive Order                          application of those requirements would               List of Subjects in 40 CFR Part 52
                                             Reviews                                                   be inconsistent with the CAA; and
                                               Under the CAA, the Administrator is                        • Does not provide EPA with the                      Environmental protection, Air
                                             required to approve a SIP submission                      discretionary authority to address, as                pollution control, Carbon monoxide,
                                             that complies with the provisions of the                  appropriate, disproportionate human                   Incorporation by reference,
                                             Act and applicable Federal regulations.                   health or environmental effects, using                Intergovernmental relations, Lead,
                                             See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                   practicable and legally permissible                   Nitrogen dioxide, Ozone, Particulate
                                             Thus, in reviewing SIP submissions,                       methods, under Executive Order 12898                  matter, Reporting and recordkeeping
                                             EPA’s role is to approve state choices,                   (59 FR 7629, February 16, 1994).                      requirements, Sulfur oxides, Volatile
                                             provided that they meet the criteria of                      The SIP is not approved to apply on                organic compounds.
                                             the CAA. This action merely approves                      any Indian reservation land or in any                   Dated: September 10, 2018.
                                             state law as meeting Federal                              other area where EPA or an Indian tribe
                                                                                                                                                             Onis ‘‘Trey’’ Glenn, III,
                                             requirements and does not impose                          has demonstrated that a tribe has
                                                                                                                                                             Regional Administrator, Region 4.
                                             additional requirements beyond those                      jurisdiction. In those areas of Indian
                                             imposed by state law. For that reason,                    country, the rule does not have tribal                    40 CFR part 52 is amended as follows:
                                             this action:                                              implications as specified by Executive
                                               • Is not a significant regulatory action                Order 13175 (65 FR 67249, November 9,                 PART 52—APPROVAL AND
                                             subject to review by the Office of                        2000), nor will it impose substantial                 PROMULGATION OF
                                             Management and Budget under                               direct costs on tribal governments or                 IMPLEMENTATION PLANS
                                             Executive Orders 12866 (58 FR 51735,                      preempt tribal law.
                                             October 4, 1993) and 13563 (76 FR 3821,                      The Congressional Review Act, 5                    ■ 1. The authority citation for part 52
                                             January 21, 2011);                                        U.S.C. 801 et seq., as added by the Small             continues to read as follows:
                                               • Is not an Executive Order 13771 (82                   Business Regulatory Enforcement                           Authority: 42 U.S.C. 7401 et seq.
                                             FR 9339, February 2, 2017) regulatory                     Fairness Act of 1996, generally provides
                                             action because SIP approvals are                          that before a rule may take effect, the               Subpart RR—Tennessee
                                             exempted under Executive Order 12866;                     agency promulgating the rule must
                                               • Does not impose an information                        submit a rule report, which includes a                ■  2. In § 52.2220, table 1 in paragraph
                                             collection burden under the provisions                    copy of the rule, to each House of the                (c) is amended by revising the entry
                                             of the Paperwork Reduction Act (44                        Congress and to the Comptroller General               ‘‘Section 1200–3–9–.01’’ to read as
                                             U.S.C. 3501 et seq.);                                     of the United States. EPA will submit a               follows:
                                               • Is certified as not having a                          report containing this action and other
                                                                                                       required information to the U.S. Senate,              § 52.2220    Identification of plan.
                                             significant economic impact on a
                                                                                                       the U.S. House of Representatives, and                *       *    *      *     *
                                               8 See   62 FR 27968 (May 22, 1997).                     the Comptroller General of the United                     (c) * * *
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                                                                Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations                                                 48249

                                                                                              TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
                                                                                                               State effective         EPA approval
                                                   State citation                     Title/subject                                                                                   Explanation
                                                                                                                    date                  date


                                                        *                         *                        *                      *                       *                       *                  *

                                                                                                   Chapter 1200–3–9        Construction and Operating Permits

                                             Section 1200–3–9–.01 ..           Construction Permits ....           4/24/2013     9/24/2018, [insert Fed-      EPA approved Tennessee’s May 10, 2013, SIP
                                                                                                                                   eral Register cita-         revision to Chapter 1200–3–9–.01 on July 25,
                                                                                                                                   tion].                      2013, with the exception of the PM2.5 SILs (at
                                                                                                                                                                1200–3–9–.01(5)(b)1(xix)) and SMC (at
                                                                                                                                                                1200–3–9–.01(4)(d)6(i)(III)) as promulgated in
                                                                                                                                                                the October 20, 2010, PM2.5 Increments-
                                                                                                                                                               SILs-SMC Rule.

                                                        *                         *                        *                      *                       *                       *                  *



                                             *      *       *       *      *                             SO2 and 2012 fine particulate matter                  section 110(a)(2)(D)(i)(II) for the 2010
                                             [FR Doc. 2018–20629 Filed 9–21–18; 8:45 am]                 (PM2.5) NAAQS addressing visibility                   SO2 and 2012 PM2.5 NAAQS,
                                             BILLING CODE 6560–50–P                                      protection requirements. This action is               respectively.
                                                                                                         being taken under the Clean Air Act
                                                                                                                                                               I. Background
                                                                                                         (CAA).
                                             ENVIRONMENTAL PROTECTION                                                                                             On March 23, 2012, EPA finalized a
                                             AGENCY                                                      DATES:  This final rule is effective on
                                                                                                         October 24, 2018.                                     limited approval and a limited
                                                                                                                                                               disapproval of a West Virginia SIP
                                             40 CFR Part 52                                              ADDRESSES: EPA has established a
                                                                                                                                                               revision submitted on June 18, 2008
                                                                                                         docket for this rulemaking action under               addressing regional haze program
                                             [EPA–R03–OAR–2018–0217; EPA–R03–
                                             OAR–2014–0299; EPA–R03–OAR–2016–                            Docket ID Number EPA–R03–OAR–                         requirements.1 The limited disapproval
                                             0373; FRL–9984–30–Region 3]                                 2018–0217. The following previously                   of this SIP revision was based upon
                                                                                                         established dockets are also relevant to              West Virginia’s reliance on CAIR as an
                                             Approval and Promulgation of Air                            today’s action: Docket ID Number EPA–                 alternative to best available retrofit
                                             Quality Implementation Plans; West                          R03–OAR–2014–0299; and EPA–R03–                       technology (BART) and as a measure for
                                             Virginia; Regional Haze Plan and                            OAR–2016–0373. All documents in the                   reasonable progress. On June 7, 2012,
                                             Visibility Requirements for the 2010                        docket are listed on the http://                      EPA promulgated a FIP for West
                                             Sulfur Dioxide and the 2012 Fine                            www.regulations.gov website. Although                 Virginia that replaced reliance on CAIR
                                             Particulate Matter Standards                                listed in the index, some information is              with reliance on CSAPR to meet BART
                                                                                                         not publicly available, e.g., confidential            and reasonable progress requirements,
                                             AGENCY:  Environmental Protection                           business information (CBI) or other
                                             Agency (EPA).                                                                                                     to address the deficiency in the State’s
                                                                                                         information whose disclosure is                       CAIR-dependent regional haze SIP.2
                                             ACTION: Final rule.                                         restricted by statute. Certain other                  Consequently, this particular aspect of
                                             SUMMARY:   The Environmental Protection                     material, such as copyrighted material,               West Virginia’s regional haze
                                             Agency (EPA) is approving a state                           is not placed on the internet and will be             requirements was satisfied by EPA’s
                                             implementation plan (SIP) revision                          publicly available only in hard copy                  issuance of a FIP (hereafter referred to
                                             submitted by the State of West Virginia                     form. Publicly available docket                       as partial Regional Haze FIP).
                                             (West Virginia). This SIP revision                          materials are available through http://                  On September 16, 2015, the State of
                                             changes West Virginia’s reliance on the                     www.regulations.gov, or please contact                West Virginia submitted a SIP revision
                                             Clean Air Interstate Rule (CAIR) to                         the person identified in the FOR FURTHER              to change its present reliance from CAIR
                                             reliance on the Cross-State Air Pollution                   INFORMATION CONTACT section for
                                                                                                                                                               to CSAPR for the purpose of meeting
                                             Rule (CSAPR) with the purpose of                            additional availability information.                  BART for regional haze and addressing
                                             addressing certain regional haze                            FOR FURTHER INFORMATION CONTACT:                      reasonable progress requirements,
                                             requirements and the visibility                             Emlyn Vélez-Rosa, (215) 814–2038, or                 thereby eliminating West Virginia’s
                                             protection requirements for the 2010                        by email at velez-rosa.emlyn@epa.gov.                 need for the partial Regional Haze FIP.
                                             sulfur dioxide (SO2) national ambient                       SUPPLEMENTARY INFORMATION: On                         The SIP revision was also submitted to
                                             air quality standards (NAAQS). EPA is                       September 16, 2015, the State of West                 meet the outstanding visibility
                                             approving this SIP revision and                             Virginia via the West Virginia                        protection requirement under section
                                             consequently converting the Agency’s                        Department of Environmental Protection                110(a)(2)(D)(i)(II) of the CAA for the
                                             prior limited approval/limited                              (WVDEP) submitted a revision to its SIP               2010 SO2 NAAQS, also known as prong
                                             disapproval of West Virginia’s regional                     to update its regional haze plan and to               4. The prong 4 requirement under the
                                             haze SIP revision to a full approval and                    meet the visibility protection                        CAA requires that a state’s SIP include
                                             withdrawing the federal implementation                      requirement in section 110(a)(2)(D)(i)(II)
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                                                                                                                                                               adequate provisions prohibiting any
                                             plan (FIP) provisions for addressing our                    of the CAA for the 2010 SO2 NAAQS.                    source or other type of emissions
                                             prior limited disapproval. Based on our                     EPA is also addressing as part of this                activity in one state from interfering
                                             full approval of West Virginia’s regional                   rulemaking action two SIP revisions                   with measures to protect visibility
                                             haze program, EPA is also approving the                     submitted by West Virginia on October
                                             portions of West Virginia’s                                 16, 2014 and May 12, 2017 addressing                    1 77   FR 16937 (March 23, 2012).
                                             infrastructure SIP revisions for the 2010                   the visibility protection requirement in                2 77   FR 33643 (June 7, 2012).



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Document Created: 2018-09-22 00:33:35
Document Modified: 2018-09-22 00:33:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective October 24, 2018.
ContactD. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]
FR Citation83 FR 48245 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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