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[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66826-66829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23302]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0403; FRL-9953-05-Region 4]

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Tennessee, 
through the Tennessee Department of Environment and Conservation 
(TDEC), on September 25, 2013. The SIP submittal includes a change to 
the TDEC regulation ``Logs and Reports.'' EPA is approving this SIP 
revision because it is consistent with the Clean Air Act (CAA

[[Page 66827]]

or Act) and federal regulations governing SIPs.

DATES: This rule will be effective October 31, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0403. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

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

SUPPLEMENTARY INFORMATION:

I. This Action

    EPA is approving a revision to the Tennessee SIP submitted by TDEC 
on September 25, 2013. Specifically, the submittal includes a change to 
remove the existing text of subparagraph (2) from Tennessee Air 
Pollution Control Regulation (TAPCR) Rule 1200-3-20-.04, ``Logs and 
Reports,'' and replace it with the word ``Reserved.'' Subparagraph (2) 
provided that all sources located in or having a significant impact on 
a nonattainment area submit a quarterly report to the Technical 
Secretary of Tennessee's Air Pollution Control Board that: (1) 
Identifies periods of startups, shutdowns, and/or malfunctions (SSM 
events) that result in an exceedance of an emission limitation, (2) 
estimates the excess emissions released during such SSM events, and (3) 
provides total source emissions where such emissions are not otherwise 
required to be reported under Tennessee Air Pollution Control 
Regulations (TAPCR) Chapters 1200-3-10-.02 or 1200-3-16. EPA is 
approving Tennessee's September 25, 2013, SIP revision because the 
proposed revision is consistent with the requirements of the CAA and 
federal regulations governing SIPs. EPA received no comments on the 
July 27, 2016 (81 FR 49201), proposed rulemaking.

II. Background

A. Summary of the September 25, 2013, SIP Revision

    The CAA and rules governing SIPs in 40 CFR part 51 require 
recordkeeping and reporting to ensure that sources are in compliance 
with enforceable emission limits. Paragraph (2) of TAPCR Rule 1200-3-
20-.04 initially helped to satisfy these requirements by providing for 
quarterly reports of excess emissions during SSM events, as well as 
total quarterly emissions. Removing this paragraph eliminates a set of 
requirements covering all source types, including major sources; 
sources that restrain their ``potential to emit'' to a level that is 
below the major source applicability threshold through the use of 
emissions control, restriction on hours of operation, or other means 
(``synthetic minor source''); and those sources for which potential 
emissions are below the major source thresholds, even assuming no 
emission controls and unlimited hours of operation (``true minor 
sources''). Tennessee's September 25, 2013, SIP submittal demonstrates 
that CAA requirements for recordkeeping and reporting will continue to 
be met, as applicable, considering other federal and state regulations.
    Major sources in Tennessee are subject to title V of the CAA at 40 
CFR part 70. This requires: (1) Sources to submit reports of any 
required monitoring at least every six months at 40 CFR 
70.6(a)(3)(iii)(A), including all instances of deviations from permit 
requirements; (2) an annual compliance certification at 40 CFR 
70.6(c)(5); and (3) prompt reporting of deviations from permit 
requirements at 40 CFR 70.6(a)(3)(iii)(B). TDEC has adopted these 
requirements into its federally-approved title V operating permits 
program at TAPCR Rule 1200-3-9-.02(11)(e)1(iii)(III)I, 1200-3-
9-.02(11)(e)3(v), and 1200-3-9-.02(11)(e)1(iii)(III)II, respectively.
    In addition to the title V reporting requirements, Tennessee's SIP 
authorizes the Tennessee Air Pollution Control Board's Technical 
Secretary to require enhanced reporting as needed to verify that a 
``major stationary source'' is operating in compliance with applicable 
requirements. See TAPCR Chapter 1200-3-10-.04(2). Likewise, Tennessee's 
SIP at TAPCR Rule 1200-3-10-.02, ``Monitoring of Source Emissions, 
Recording, Reporting of the Same are Required,'' at paragraph (1)(a) 
states: ``The Technical Secretary may require the owner or operator of 
any air contaminant source discharging air contaminants . . . to . . . 
make periodic emission reports as required in paragraph (2).'' 
Paragraph (2)(a) clarifies that ``[r]ecords and reports as the 
Technical Secretary shall prescribe,'' must be collected and submitted. 
Finally, TAPCR Rule 1200-3-20-.08, ``Special Reports Required,'' states 
that the Technical Secretary ``may require any air contaminant source 
to submit a report within thirty (30) days after the end of each 
calendar quarter'' containing dates and details of any SSM events and 
resultant emissions in excess of applicable limitations. Thus, the SIP 
contains provisions that allow TDEC to collect reports similar to those 
in TAPCR 1200-3-20-.04(2) when deemed necessary to determine a source's 
compliance with applicable requirements. TAPCR 1200-3-20-.04(1), 
requiring sources to collect and maintain records regarding SSM events 
and resultant excess emissions, also remains in effect.
    Regarding total emissions, the State is also required to report to 
EPA triennial reports of annual (12-month) emissions for all sources 
and every-year reports of annual emissions of criteria air pollutants 
and their precursors for all major sources as well as annual emissions 
reporting from certain larger sources. See subpart A to 40 CFR part 51, 
the ``Air Emissions Reporting Requirements,'' or ``AERR.'' Further 
details are provided in the July 27, 2016, proposed rule.
    Synthetic minor sources, in accordance with SIP-approved TAPCR 
1200-3-9-.02(11)(a), are subject to an enforceable limit restricting 
potential to emit and must implement ``detailed monitoring, reporting 
and recordkeeping requirements that prove the source is abiding by its 
more restrictive emission and/or production limits.'' TDEC's synthetic 
minor permits require: (1) Prompt reporting of any non-compliance with 
permit conditions designed to restrict ``potential to emit'' below the 
major source level (the ``synthetic minor limit''), (2) submission of 
an annual compliance certification supported by records documenting the

[[Page 66828]]

facility's compliance with its synthetic minor limit, and (3) reporting 
of excess emissions due to malfunctions in accordance with TAPCR 
Chapter 1200-3-20-.03. Thus, Tennessee can determine compliance with 
the applicable permit conditions for synthetic minor sources.
    Reserving paragraph TAPCR 1200-3-20-.04(2) eliminates the 
requirement that true minor sources report excess emissions and total 
emissions to the State. There is no general federal requirement for 
true minor sources to directly report their emissions to the state or 
to EPA. The State explains in its submittal that true minor sources 
were never intended to be required to make these types of reports, but 
that the regulated community has expanded to include many smaller 
sources since the Rule's adoption in the TAPCR in 1979. Total emissions 
from true minor sources are still considered, either in aggregate or 
via specific reporting. True minor sources with emissions of oxides of 
nitrogen or volatile organic compounds above 25 tons per year (tpy) 
report total emissions annually to the State in ozone nonattainment 
areas, pursuant to TAPCR 1200-3-18-.02(8). Additionally, the AERR 
requires the state to report emissions from sources at lower thresholds 
for select criteria air pollutants or precursors in certain 
nonattainment areas, which may include true minor sources. The AERR 
also provides for reporting of lead emissions greater than or equal to 
0.5 tpy, regardless of an area's attainment status with respect to the 
lead NAAQS. Otherwise, emissions from true minor sources are reported 
to EPA in aggregate in accordance with the AERR. Finally, Tennessee 
noted the Technical Secretary's authority under 1200-3-10-.02(1)(a) to 
collect reports from ``any air contaminant source.'' TDEC explains that 
if there were a reason to think a true minor source was impacting air 
quality standards, the Division of Air Pollution Control could collect 
these reports of emissions.
    The combination of federal reporting requirements, reporting 
requirements under Tennessee's SIP, and Tennessee's authority to 
request additional information on source emissions when necessary, 
provide that Tennessee's September 25, 2013, SIP revision does not 
impair Tennessee's ability to determine the nature and amount of 
emissions from both major and minor sources and whether such sources 
are operating in compliance with Tennessee's SIP. Accordingly, EPA's 
final approval of Tennessee's September 25, 2013, SIP revision is 
consistent with the minimum SIP requirements pertaining to 
enforceability and emissions reporting. For more information, see the 
July 27, 2016, proposed rule (81 FR 49201). EPA received no comments on 
the proposed rulemaking.

B. SSM SIP Call Considerations

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

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of TAPCR 1200-3-
20-.04, entitled ``Logs and Reports,'' effective June 19, 2013, which 
removed a quarterly reporting requirement for total emissions and for 
excess emissions during SSM. Therefore, these materials have been 
approved by EPA for inclusion in the SIP, have been incorporated by 
reference by EPA into that plan, are fully federally-enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\1\ EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 4 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is taking final action to approve the September 25, 2013, 
Tennessee SIP revision. This final approval includes the section 110(l) 
demonstration that modifying the SIP to remove TAPCR 1200-3-20-.04(2) 
will not interfere with attainment or maintenance of any NAAQS or with 
any other applicable requirement of the CAA, and the demonstration that 
the SIP revision is consistent with section 193 of the Act because it 
does not address any emissions reduction or emissions control 
requirement and will have no effect on the emissions of any air 
pollutant.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);

[[Page 66829]]

     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 28, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Reporting and 
recordkeeping requirements.

    Dated: September 15, 2016.
Kenneth R. Lapierre,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

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2. In Sec.  52.2220, table 1 in paragraph (c) is amended by revising 
the entry for ``Section 1200-3-20-.04'' to read as follows:

Sec.  52.2220   Identification of plan.

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    (c) * * *

                                   Table 1--EPA-Approved Tennessee Regulations
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
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               Chapter 1200-3-20 Limits on Emissions Due to Malfunctions, Start-Ups, and Shutdowns
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                                                  * * * * * * *
Section 1200-3-20-.04............  Logs and reports...       6/19/2013  9/29/2016, [Insert   ...................
                                                                         Federal Register
                                                                         citation].
 
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[FR Doc. 2016-23302 Filed 9-28-16; 8:45 am]
 BILLING CODE 6560-50-P
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