Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Proposed Rules 64497 

V. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference of 

310 CMR 7.37, High Occupancy Vehicle 

Lanes. The EPA has made, and will 

continue to make, these documents 

generally available through https://

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 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 Clean Air Act. 

Accordingly, this proposed action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• This action is not expected to be an 

Executive Order 13771 regulatory action 

because this action is not significant 

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 Clean Air Act; 

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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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: December 10, 2018. 

Alexandra Dunn, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2018–27170 Filed 12–14–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0631; FRL–9988–00– 

Region 4] 

Air Plan Approval; Tennessee; NOX SIP 

Call and CAIR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

conditionally approve a portion of a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC) with a letter dated 

February 27, 2017, to establish a SIPapproved state control program to 

comply with the obligations of the 

Nitrogen Oxides (NOX) SIP Call with 

respect to certain sources. EPA is also 

proposing to fully approve the 

remaining portion of the same 

Tennessee SIP revision to remove the 

SIP-approved portions of the State’s 

Clean Air Interstate Rule (CAIR) 

Program rules from the Tennessee SIP. 

In addition, EPA is proposing to fully 

approve a revision to the Tennessee SIP 

submitted with a letter dated April 3, 

2018, to remove regulations related to a 

previous NOX trading program. 

DATES: Comments must be received on 

or before January 16, 2019. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2018–0631 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Sanchez, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Sanchez can 

be reached by telephone at (404) 562– 

9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under Clean Air Act (CAA or Act) 

section 110(a)(2)(D)(i)(I), which EPA has 

traditionally termed the good neighbor 

provision, states are required to address 

the interstate transport of air pollution. 

Specifically, the good neighbor 

provision requires that each state’s 

implementation plan contain adequate 

provisions to prohibit air pollutant 

emissions from within the state that 

significantly contribute to 


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1See 63 FR 57356 (October 27, 1998). As 

originally promulgated, the NOX SIP Call also 

addressed good neighbor obligations under the 1997 

8-hour ozone NAAQS, but EPA subsequently stayed 

the rule’s provisions with respect to that standard. 

40 CFR 51.121(q). 2The NOX SIP Call also identified potential 

emissions reductions from other non-EGUs, 

including cement kilns and stationary internal 

combustion (IC) engines. 3See 69 FR 3015 (January 22, 2004). 

4See 72 FR 46388 (August 20, 2007). 

5See 74 FR 61535 (November 25, 2009). 

6 Implementation of CAIR was formally sunset 

upon the implementation of CSAPR, which— 

because of extended litigation—was delayed until 

2015. See 79 FR 71663 (December 3, 2014) and 81 

FR 13275 (March 14, 2016). 

nonattainment of the national ambient 

air quality standards (NAAQS), or that 

interfere with maintenance of the 

NAAQS, in any other state. 

In October 1998 (63 FR 57356), EPA 

finalized the ‘‘Finding of Significant 

Contribution and Rulemaking for 

Certain States in the Ozone Transport 

Assessment Group Region for Purposes 

of Reducing Regional Transport of 

Ozone’’—commonly called the ‘‘NOX

SIP Call.’’ The NOX SIP Call addressed 

the good neighbor provision for the 

1979 1-hour ozone NAAQS and was 

designed to mitigate the impact of 

transported NOX emissions, one of the 

precursors of ozone.1 The rule originally 

required 22 states—including 

Tennessee—and the District of 

Columbia to amend their SIPs to reduce 

NOX emissions that contribute to ozone 

nonattainment in downwind states. EPA 

developed the NOX Budget Trading 

Program, an allowance trading program 

that states could adopt to meet their 

obligations under the NOX SIP Call. The 

NOX Budget Trading Program allowed 

certain types of sources to participate in 

a regional NOX cap and trade program: 

Generally electric generating units 

(EGUs) greater than 25 megawatts; and 

industrial non-electric generating units, 

such as boilers and turbines, with a 

rated heat input greater than 250 million 

British thermal units per hour (MMBtu/ 

hr), referred to as ‘‘large non-EGUs.’’ 2

On January 22, 2004, EPA approved into 

the Tennessee SIP the State’s NOX

Budget Trading Program rule.3 The NOX

Budget Trading Program was 

implemented from 2003 to 2008, and in 

2009 it was effectively replaced by the 

ozone season NOX program under CAIR. 

On May 12, 2005 (70 FR 25162), EPA 

promulgated CAIR to address 

transported emissions that would 

significantly contribute to downwind 

states’ nonattainment or interfere with 

maintenance of the 1997 ozone and fine 

particulate matter (PM2.5) NAAQS. CAIR 

required SIP revisions in 28 states— 

including Tennessee—and the District 

of Columbia to reduce emissions of 

sulfur dioxide (SO2) and/or NOX, 

precursors of PM2.5 (SO2 and NOX) and 

ozone (NOX). Under CAIR, EPA 

developed separate cap-and-trade 

programs for annual NOX, ozone season 

NOX, and annual SO2 emissions. On 

April 28, 2006 (71 FR 25328), EPA also 

promulgated federal implementation 

plans (FIPs) requiring the EGUs greater 

than 25 MW in each affected state, but 

not large non-EGUs, to participate in the 

CAIR trading programs. An affected 

state could comply with the 

requirements of CAIR either by 

remaining under the FIP, which applied 

only to EGUs, or by submitting a CAIR 

SIP revision that achieved the required 

emission reductions from EGUs and/or 

other types of sources. States had the 

further option to remain subject to the 

CAIR FIP generally, but also adopt 

‘‘abbreviated’’ CAIR SIP provisions that 

made certain modifications to the 

trading programs by allocating 

allowances among covered units, 

allowing units to opt-in to the trading 

programs, or expanding applicability of 

the CAIR ozone season NOX trading 

program to the non-EGUs that formerly 

participated in the NOX Budget Trading 

Program under the NOX SIP Call. 

On August 20, 2007, EPA approved 

into the Tennessee SIP an abbreviated 

CAIR SIP revision with allowance 

allocation and opt-in provisions.4 On 

November 25, 2009, EPA approved into 

the Tennessee SIP a further abbreviated 

CAIR SIP revision expanding 

applicability of the CAIR ozone season 

NOX trading program to NOX SIP Call 

non-EGUs.5

EPA discontinued administration of 

the NOX Budget Trading Program in 

2009 upon the start of the CAIR trading 

programs. The NOX SIP Call 

requirements continued to apply, 

however, and EGUs that formerly 

participated in the NOX Budget Trading 

Program in almost all states continued 

to meet their NOX SIP Call requirements 

under the generally more stringent 

requirements of the CAIR ozone season 

trading program. States needed to assess 

their NOX SIP Call requirements and 

take other regulatory action as necessary 

to ensure that their obligations for the 

large non-EGUs continued to be met 

either through submission of a CAIR SIP 

or other NOX regulation. EPA has 

implementing regulations for the NOX

SIP Call at 40 CFR 51.121. 

On December 23, 2008, CAIR was 

remanded to EPA by the United States 

Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit) in North 

Carolina v. EPA, 531 F.3d 896 (2008), 

modified on rehearing, 550 F.3d 1176. 

This ruling allowed CAIR to remain in 

effect until a new interstate transport 

rule consistent with the Court’s opinion 

was developed. While EPA worked on 

developing a new rule to address the 

interstate transport of air pollution, the 

CAIR program continued to be 

implemented with the NOX annual and 

ozone season programs beginning in 

2009 and the SO2 annual program 

beginning in 2010. 

EPA issued the Cross-State Air 

Pollution Rule (CSAPR) in July 2011 to 

replace CAIR6 and address the 

requirements of the good neighbor 

provision for the 1997 Annual PM2.5

NAAQS, the 2006 24-hour PM2.5

NAAQS, and the 1997 8-hour Ozone 

NAAQS. As amended (including by the 

2016 CSAPR Update, which addressed 

good neighbor requirements for the 2008 

8-hour Ozone NAAQS), CSAPR 

currently requires 27 Eastern states— 

including Tennessee—to limit their 

statewide emissions of SO2 and/or NOX

in order to mitigate transported air 

pollution impacting other states’ ability 

to attain or maintain the previouslylisted NAAQS. As a mechanism for 

achieving compliance with the 

emissions limitations, CSAPR 

establishes five federal emissions 

trading programs: A program for annual 

NOX emissions, two geographically 

separate programs for annual SO2

emissions, and two geographically 

separate programs for ozone-season NOX

emissions. Currently, through FIP 

provisions established in CSAPR and 

subsequent SIP revisions from various 

states, each affected state’s units are 

required to participate in up to three of 

the five CSAPR trading programs. 

The CSAPR trading programs for 

annual NOX, annual SO2, and ozone 

season NOX are applicable to the large 

EGUs (i.e., EGUs that are greater than 25 

megawatts) in each covered state, and a 

state may also expand trading program 

applicability to include certain smaller 

EGUs. Under CSAPR as originally 

promulgated, states could not expand 

the applicability under CSAPR’s ozone 

season NOX trading program to include 

non-EGUs that formerly participated in 

the NOX Budget Trading Program. 

Starting in 2017, with implementation 

of the CSAPR Update, states once again 

have this option, as they did under 

CAIR. 

With respect to Tennessee, large EGUs 

in Tennessee are currently subject to 

three of the CSAPR trading programs, 

including one addressing ozone season 

NOX emissions. Tennessee has not 

chosen to expand CSAPR applicability 

to small EGUs or non-EGUs. 


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7EPA notes that it received the submittal on 

February 28, 2017. 

8See Table 1 for the list of existing affected units. 

9Tennessee included Board Order 16–0163 in its 

February 2017 SIP revision as Attachment 3. 

10The New Unit Set Aside is not an ‘‘existing 

affected unit,’’ however, it is included to show 

Tennessee’s allocation of its entire budget. The New 

Unit Set Aside is defined as the state budget from 

1200–03–27–.12(5), minus the amount of 

allocations to existing units in 1200–03–27– 

.12(6)(a). See 1200–03–27–.12(6)(c)(1). 

11EPA notes that the February 27, 2018 SIP 

submission contains paragraph 1200–3–27– 

.12(7)(b)4. 1200–3–27–.12(7)(b)4 contained a 

requirement for sources to report to the Tennessee 

Division of Air Pollution Control, in addition to 

EPA. However, as reporting to EPA continues to be 

required for sources, Tennessee withdrew 1200–3– 

27–.12(7)(b)4 from the February 27, 2018 

submission in the July 24, 2018 Letter. As a result, 

EPA is not acting on the withdrawn paragraph. 

12See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4). 

13See 71 FR 25072 (April 28, 2006). 

II. Tennessee’s SIP Submissions and 

EPA’s Analysis 

A. Tennessee’s Submittal To Address 

NOX SIP Call Requirements and EPA’s 

Analysis 

Via a letter to EPA dated February 27, 

2017,7 Tennessee provided a SIP 

revision to incorporate a new 

provision—Tennessee Comprehensive 

Rules and Regulation (TCRR) 1200–03– 

27–.12, ‘‘NOX SIP Call Requirements for 

Stationary Boilers and Combustion 

Turbines’’ (TN 2017 NOX SIP Call 

Rule)—into the SIP. The TN 2017 NOX

SIP Call Rule establishes a state control 

program for sources that are subject to 

the NOX SIP Call, but not covered under 

CSAPR. The TN 2017 NOX SIP Call Rule 

contains several subsections that 

together comprise a non-EGU control 

program under which Tennessee will 

allocate a specified budget of 

allowances to affected sources. 

Subsections 1200–03–27–.12(1) and 

1200–03–27–.12(3) contain the basic 

definitions and applicability defining 

the program. 1200–03–27–.12(1) 

contains the definitions applicable to 

the section, including a definition of 

affected units under the TN 2017 NOX

SIP Call Rule as units with maximum 

design heat input greater than 250 

MMBtu/hr that combust fossil fuel in 

specified amounts, except units that are 

covered under CSAPR or serve 

generators producing power for sale. 

1200–03–27–.12(1) also contains a list of 

specific ‘‘existing affected units,’’ 8

while it defines a ‘‘new affected unit’’ as 

any affected unit that is not an existing 

affected unit. 1200–03–27–.12(3) 

establishes the applicability of the rule 

to each affected unit and each affected 

facility. 

Subsections 1200–03–27–.12(5) and 

1200–03–27–.12(6) provide the state 

budget as well as the State’s 

methodology for allocating allowances 

to affected units. 1200–03–27–.12(5) sets 

the state emissions budget for allowance 

allocations to affected units at 5,666 

tons per control period. 1200–03–27– 

.12(6)(a) provides that Tennessee will 

allocate NOX allowances in amounts 

specified in the SIP to existing units. 

The amounts allocated to existing units 

are contained in Tennessee Air 

Pollution Control Board Order 16–0163, 

as identified in Table 1, below.9

TABLE 1—TENNESSEE LIST OF EXISTING AFFECTED UNITS AND ALLOCATION AMOUNTS

Facility name Units Allocation 

amount 

Packaging Corporation of America ............................................ Unit 17 ........................................................................................ 85 

Tate & Lyle, Loudon ................................................................... Units 34 and 35 .......................................................................... 264 

Resolute FP, US, Inc .................................................................. Units 11 and 12 .......................................................................... 456 

Eastman Chemical Company ..................................................... Units 83–23 and 83–24; Units 253–25, Units 253–26, Units 

253–27, Units 253–28, and Units 253–29; Units 325–30 and 

325–31.

3,047 

The Valero Refining Company—Tennessee, LLC ..................... Unit P049 .................................................................................... 23 

Tennessee Valley Authority, Cumberland Fossil Plant (startup 

boilers).

Startup Boilers A1 and A2 ......................................................... 31 

New Unit Set-Aside 10 ................................................................. ..................................................................................................... 1,760 

Total Allowances Allocated ................................................. ..................................................................................................... 5,666 

1200–03–27–.12(6)(b)–(c) provide the 

methodology for allocation of 

allowances to new affected units, which 

are based on NOX emission rates for 

new sources and converted to tons 

based on heat input. 

1200–03–27–.12(7) and 1200–03–27– 

.12(11) contain provisions relating to 

NOX emission requirements and 

monitoring and reporting. 1200–03–27– 

.12(7)(a) limits the total tons of NOX

emissions from a facility to the total 

number of allowances allocated to that 

facility. 1200–03–27–.12(11) requires 

units to comply with the emissions 

monitoring, recordkeeping, and 

reporting requirements of 40 CFR part 

75. 1200–03–27–.12(7)(b) specifies 

additional reporting and recordkeeping 

requirements related to each facility, 

which require the facility to report its 

emissions and to generally maintain 

records for at least five years.11 1200– 

03–27–.12(7)(c) provides the penalties if 

a unit’s emissions exceed allocated 

allowances, and 1200–03–27–.12(7)(d) 

provides information related to liability 

under the Rule. 

Other sections in the rule include the 

following topics: Abbreviations (1200– 

03–27–.12(2)); exemptions for 

permanently retired units (1200–03–27– 

.12(4)); computation of time under the 

rule (1200–03–27–.12(8)); and 

additional information about the TDEC 

Technical Secretary’s actions under the 

rule (1200–03–27–.12(9) and 1200–03– 

27–.12(10)). 

In order to address the requirements 

of the NOX SIP Call for sources that are 

not covered under a CSAPR trading 

program for ozone season NOX

emissions, as described above, SIP 

revisions must provide for enforceable 

emissions limitations and require part 

75 monitoring.12 The TN 2017 NOX SIP 

Call Rule provides for enforceable 

emissions limitations by establishing a 

state budget representing the maximum 

amount of NOX emission allowances 

that may be issued for each control 

period, allocating the allowances to 

affected units, and requiring units to 

limit their emissions to the number of 

allowances they hold. The amount of 

the budget matches the portion of the 

State’s total emissions budget assigned 

to non-EGUs under the NOX Budget 

Trading Program.13 As discussed above, 

the TN 2017 NOX SIP Call Rule also 

requires affected units to comply with 

part 75 monitoring (1200–03–27– 

.12(11)). 


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14 In its May 11, 2018 letter, Tennessee also 

committed to add the simple cycle combustion 

turbines at Tennessee Valley Authority’s Allen 

Fossil Plant to the definition of ‘‘existing affected 

unit’’ in 1200–03–27–.12(1). However, in its July 24, 

2018 letter, Tennessee amended its May 11, 2018 

letter and withdrew this commitment. Because 

these particular units are below the 25 MW NOX

SIP Call applicability threshold for EGUs, inclusion 

of the units is not required under the NOX SIP Call. 

15See 40 CFR 52.38(a) and 52.39. The SIPapproved portions of the State’s CAIR annual 

trading program rules include the allowance 

allocation and opt-in provisions. See 72 FR 46388 

(August 20, 2007). 

16See 40 CFR 52.38(b). The SIP-approved 

portions of the State’s CAIR ozone season trading 

program rule include the allowance allocation and 

opt-in provisions and the provisions extending 

applicability to non-EGUs. See 72 FR 46388 (August 

20, 2007), 74 FR 61535 (November 25, 2009). 

17 40 CFR 51.123(ff) and 52.35(f) (SIP and FIP 

requirements related to NOX); 40 CFR 51.124(s) and 

52.36(e) (SIP and FIP requirements related to SO2). 

18EPA notes that the submittal was received on 

April 6, 2018. 

19See 69 FR 3016 (January 22, 2004) (with a stateeffective date of July 27, 2003). 

20See 74 FR 61535 (November 25, 2009). 

While the TN 2017 NOX SIP Call Rule 

generally addresses the NOX SIP Call 

requirements for non-EGUs, EPA 

identified several potential ambiguities. 

Accordingly, Tennessee submitted two 

supplemental letters that impact EPA’s 

proposed action. 

First, EPA notes that 1200–03–27– 

.12(6)(d) provides the TDEC Technical 

Secretary with a mechanism for 

adjusting the existing units’ allocation 

amounts specified in the State’s 

regulations but does not explicitly state 

that Tennessee will provide these 

changes for approval into the SIP. On 

July 24, 2018, Tennessee submitted a 

letter clarifying that, consistent with 

1200–03–27–.12(6)(a), it interprets the 

provision to require that any adjusted 

allowance allocation amounts for 

existing affected units under 1200–03– 

27.12(6)(d) be submitted to EPA for 

approval as a SIP revision to be 

incorporated into the SIP prior to 

allocation. See July 24, 2018 Letter. 

EPA’s proposed action on Tennessee’s 

SIP is therefore based on the 

clarification of the State’s interpretation 

of this provision as explained in the 

State’s July 24, 2018 letter. 

Second, Tennessee’s February 27, 

2017 submission provides for a state 

control program that is generally 

applicable to units with a maximum 

design heat input greater than 250 

MMBtu/hr, that either combust more 

than 50 percent fossil fuel or are 

projected to combust more than 50 

percent fossil fuel, and that are not 

subject to CSAPR. While these 

applicability criteria would cover all 

existing Tennessee units that have been 

identified as having obligations under 

the NOX SIP Call and that are not 

subject to CSAPR, as well as most types 

of potential new units that should be 

covered, the February 27, 2017 SIP 

submission also exempts any unit that 

serves a generator that produces power 

for sale. Because certain potential new 

units serving generators that produce 

power for sale could qualify for a 

cogeneration exemption under CSAPR 

but still have obligations under the NOX

SIP Call, the February 27, 2017 

submission does not cover all types of 

potential new units that must be 

covered to fully address NOX SIP Call 

obligations. On May 11, 2018, 

Tennessee submitted a commitment 

letter requesting conditional approval of 

the 2017 NOX SIP Call Rule; and 

committing to provide a SIP revision to 

EPA by April 30, 2019, that addresses 

this deficiency by revising the definition 

of ‘‘affected unit’’ to remove the 

unqualified exclusion for any unit that 

serves a generator that produces power 

for sale. See May 11, 2018 Letter. In a 

letter dated October 11, 2018, Tennessee 

revised the commitment date from April 

30, 2019, to December 31, 2019. See 

October 11, 2018 Letter. 

Based on the State’s commitment to 

submit a SIP revision addressing the 

identified deficiency, EPA is proposing 

to conditionally approve the February 

27, 2017 submission, as clarified by the 

State’s July 24, 2018 Letter. If Tennessee 

meets its commitment to submit a SIP 

revision addressing the deficiency by 

December 31, 2019, the TN 2017 NOX

SIP Call Rule will remain a part of the 

SIP until EPA takes final action 

approving or disapproving the new SIP 

revision. However, if the State fails to 

submit this revision on or before 

December 31, 2019, the conditional 

approval will become a disapproval and 

EPA will issue a notice to that effect. If 

the conditional approval becomes a 

disapproval, the disapproval triggers the 

FIP requirement under CAA section 

110(c). 

Last, Tennessee has voluntarily 

committed to revising potentially 

ambiguous provisions of its regulations 

at 1200–03–27–.12(6)(c)2.(ii), to clarify 

that the State will allocate allowances 

for all 3,672 hours of the ozone season, 

and at 1200–03–27.12(11)(a), to clarify 

that the State intends for the 

Responsible Official to be a designated 

representative as the term is defined in 

40 CFR 72 subpart B.14 Because EPA 

interprets these provisions, as currently 

written, in a manner consistent with the 

State’s interpretations and intended 

clarifications, EPA’s proposed approval 

is not conditioned upon these particular 

commitments. 

B. Tennessee’s SIP Submission as It 

Relates to CAIR and EPA’s Analysis 

Tennessee’s February 27, 2017 

submission also seeks to remove the 

SIP-approved portions of the state 

trading program rules adopted to 

comply with annual CAIR programs 

from Tennessee’s SIP at 1200–03–14– 

.04—‘‘CAIR SO2 Annual Trading 

Program’’ and 1200–03–27–.10—‘‘CAIR 

NOX Annual Trading Program’’ because 

the CAIR annual programs have been 

replaced by the CSAPR annual 

programs.15 In addition, Tennessee’s 

February 27, 2017, submission seeks to 

remove the SIP-approved portions of the 

State’s trading program rules adopted to 

comply with ozone season CAIR 

programs from Tennessee’s SIP at 1200– 

03–27–.11—‘‘CAIR NOX Ozone Season 

Trading Program,’’ because the CAIR 

program has been replaced by CSAPR 

for EGUs, and, if approved, Tennessee’s 

state control program would address the 

outstanding NOX SIP Call requirements 

for non-EGUs.16

In this notice, EPA proposes to 

approve the removal of these CAIRrelated provisions from Tennessee’s SIP. 

As explained above, the D.C. Circuit 

remanded CAIR to EPA in 2008; 

however, the court left CAIR in place 

while EPA worked to develop a new 

interstate transport rule. CSAPR was 

promulgated to respond to the Court’s 

concerns and to replace CAIR. The 

implementation of CSAPR was delayed 

for several years beyond its originally 

expected implementation timeframe of 

2012, and therefore, the sunsetting of 

CAIR was also deferred. CAIR was 

implemented through the 2014 

compliance periods and was replaced 

by CSAPR on January 1, 2015. EPA 

promulgated regulations to sunset the 

CAIR trading programs and is no longer 

administering them.17 EPA therefore 

proposes to approve the removal of 

Tennessee’s SIP provisions related to 

CAIR. 

C. Tennessee’s Submission To Remove 

Prior NOX SIP Call Provisions and EPA’s 

Analysis 

In a letter dated April 3, 2018,18

Tennessee provided a SIP revision to 

remove Tennessee Rule 1200–03–27– 

.06—‘‘NOX Budget Trading Program for 

State Implementation Plans’’ (TN 2003 

NOX Rule). The TN 2003 NOX Rule was 

approved into the Tennessee SIP to 

address the requirements of the NOX SIP 

Call.19 This rule was sunset when 

Tennessee’s rule Section 1200–3– 

27.11—‘‘CAIR NOX Ozone Season 

Trading Program’’ was approved into its 

SIP in 200920 through a provision in the 

adopted CAIR rules at 1200–03–27– 


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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Proposed Rules 64501 

21 1200–03–27–.11(1)(b) states: ‘‘The provisions of 

1200–03–27–.06 shall not apply to the control 

period beginning in 2009 and any control period 

thereafter.’’ 

22See 1200–03–27–.12(5) (maintaining the NOX

SIP Call budget for non-EGUs of 5,666 tons NOX per 

ozone season); see also the February 28, 2017, SIP 

submittal at Attachment 4 (containing a technical 

support document that showing that actual 

emissions are not exceeding the non-EGU NOX SIP 

Call budget for Tennessee). 

.11(1)(b),21 and although the earlier rule 

has not been implemented since that 

time, it has not been removed from the 

approved SIP. Tennessee provided the 

April 6, 2018 submission to remove the 

TN 2003 NOX Rule in order to avoid any 

uncertainty that could otherwise arise 

when the state CAIR rule provision 

sunsetting implementation of the TN 

2003 NOX Rule is removed from the SIP. 

EPA is proposing to approve the 

revision to remove the TN 2003 NOX

Rule from the Tennessee SIP because it 

is consistent with the CAA and will 

provide clarity to affected sources and 

the public. Thus, EPA proposes to 

conclude that removal of the TN 2003 

NOX Rule from the Tennessee SIP is 

appropriate. 

D. Analysis of NOX Emissions 

Approval of the February 27, 2017 

and April 3, 2018, Tennessee SIP 

submittals would not result in increased 

NOX emissions,22 and therefore would 

have no impact on any requirements 

related to attainment, reasonable further 

progress, or any other NAAQS 

requirements under the CAA. The 

submittals therefore meet section 110(l) 

of the CAA. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

TCRR 1200–03–27–.12—‘‘NOX SIP Call 

Requirements for Stationary Boilers and 

Combustion Turbines,’’ state effective 

February 19, 2017, which establishes a 

state control program to comply with 

the obligations of the NOX SIP Call 

(with the exception of paragraph 1200– 

3–27–.12(7)(b)4.). 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). 

IV. Proposed Action 

As described above, EPA is proposing 

to conditionally approve the portion of 

the February 27, 2017, SIP revision to 

add TCRR 1200–03–27–.12—‘‘NOX SIP 

Call Requirements for Stationary Boilers 

and Combustion Turbines’’ (except 

paragraph 1200–03–27–.12(7)(b)4.) to 

the Tennessee SIP, which establishes a 

state control program to comply with 

the obligations of the NOX SIP Call, as 

clarified in the July 24, 2018 Letter. If 

finalized, approval of this portion of the 

February 27, 2017, SIP revision will be 

conditioned on Tennessee submitting by 

December 31, 2019, a complete SIP 

revision amending the rule’s 

applicability provisions to cover certain 

potential new units as discussed in 

section II.A. of this proposed action, 

consistent with the State’s commitment. 

In addition, EPA is proposing to 

approve the portion of the February 27, 

2017 SIP submission to remove the SIPapproved portions of the State’s CAIR 

trading program rules from the 

Tennessee SIP at TCRR 1200–03–14– 

.04—‘‘CAIR SO2 Annual Trading 

Program,’’ 1200–03–27–.10—‘‘CAIR 

NOX Annual Trading Program,’’ and 

1200–03–27–.11—‘‘CAIR NOX Ozone 

Season Trading Program.’’ Further, EPA 

is proposing to approve the April 3, 

2018, SIP revision to remove a previous 

NOX SIP Call trading program at TCRR 

1200–03–27–.06—‘‘NOX Budget Trading 

Program for State Implementation 

Plans.’’ EPA requests comment on the 

proposed actions. 

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. These actions merely propose 

to approve state law as meeting Federal 

requirements and do not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these proposed actions: 

• Are not significant regulatory 

actions 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); 

• Are not Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

actions because SIP approvals are 

exempted under Executive Order 12866; 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: December 6, 2018. 

Mary S. Walker, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2018–27254 Filed 12–14–18; 8:45 am] 

BILLING CODE 6560–50–P 


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