[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Rules and Regulations]
[Pages 74847-74850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20668]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0277; FRL-12065-02-R4]


Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call 
Alternative Monitoring and Domtar Paper Company, LLC

AGENCY: Environmental Protection Agency (EPA).

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 June 26, 2023. The June 26, 2023, SIP revision specifies 
monitoring, recordkeeping, and reporting requirements for large 
industrial non-electricity generating units (EGUs) subject to the 
nitrogen oxides (NO<INF>X</INF>) SIP Call that are permissible as 
alternatives to the monitoring, recordkeeping, and reporting 
requirements of 40 CFR part 75. The SIP revision also establishes 
source-specific alternative monitoring, recordkeeping, and reporting 
requirements under the NO<INF>X</INF> SIP Call for Domtar Paper 
Company, LLC (Domtar).

DATES: This rule is effective October 15, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0277. All documents in the docket 
are listed on the 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

[[Page 74848]]

Branch, Air and Radiation 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: Sarah LaRocca, Air Planning and 
Implementation Branch, Air and Radiation Division, Region 4, U.S. 
Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-8994. Ms. LaRocca can 
also be reached via electronic mail at <a href="/cdn-cgi/l/email-protection#8de1ecffe2eeeeeca3feecffece5cde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="c6aaa7b4a9a5a5a7e8b5a7b4a7ae86a3b6a7e8a1a9b0">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 26, 2023, TDEC submitted a SIP revision with changes to 
Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-27-.12(11) 
(state effective November 24, 2022) to specify alternative 
NO<INF>X</INF> monitoring, recordkeeping, and reporting requirements 
for large industrial non-EGUs subject to the NO<INF>X</INF> SIP Call 
that are permissible as alternatives to the monitoring, recordkeeping, 
and reporting requirements of 40 CFR part 75. The June 26, 2023, 
submittal also requests that EPA approve into Tennessee's SIP Tennessee 
Air Pollution Control Board operating permit No. 079291 for Domtar, 
State effective on January 12, 2022, to establish alternative 
NO<INF>X</INF> monitoring, recordkeeping, and reporting requirements 
for the No. 2 Power Boiler at this facility, as meeting the 
requirements of 40 CFR 51.121(i). The submission includes a 
demonstration under Clean Air Act (CAA) section 110(l) intended to show 
that these revisions would not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable requirement of the CAA.
    Through a notice of proposed rulemaking (NPRM) published on July 
16, 2024 (89 FR 57823), EPA proposed to approve the changes to TAPCR 
1200-03-27-.12(11) and Tennessee Air Pollution Control Board operating 
permit No. 079291 for Domtar into Tennessee's SIP. Adopting TAPCR 1200-
03-27-.12(11) into Tennessee's SIP also satisfies the condition in the 
conditional approval actions for Packaging Corporation of America (88 
FR 8771; February 10, 2023) and Eastman Chemical Company (88 FR 14276; 
March 8, 2023) and EPA is converting those conditional approvals to 
full approvals through this final action. The contents of TDEC's 
submission, EPA's rationale for approving the changes, and EPA's 
rationale for converting the conditional approval actions for Packaging 
Corporation of America and Eastman Chemical Company to full approvals, 
are described in more detail in the July 16, 2024, NPRM. Comments on 
the July 16, 2024, NPRM were due on or before August 15, 2024. EPA did 
not receive any comments, adverse or otherwise.

II. 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, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of TAPCR 1200-03-27-.12(11), state 
effective on November 24, 2022, into Tennessee's SIP. EPA is also 
incorporating by reference Tennessee Air Pollution Control Board 
operating permit No. 079291 for Domtar, state effective on January 12, 
2022, into Tennessee's SIP. 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). 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 in the next update to 
the SIP compilation.\1\
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    \1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned Tennessee SIP revision 
consisting of changes to TAPCR 1200-03-27-.12(11) (state effective on 
November 24, 2022) and Tennessee Air Pollution Control Board operating 
permit No. 079291 for Domtar (state effective on January 12, 2022) into 
the SIP. EPA is also converting the conditional approval actions for 
Packaging Corporation of America (88 FR 8771; February 10, 2023) and 
Eastman Chemical Company (88 FR 14276; March 8, 2023) to full 
approvals.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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:
    <bullet> 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 14094 (88 FR 21879, April 11, 2023);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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.
    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 rulemaking 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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal

[[Page 74849]]

agencies to identify and address ``disproportionately high and adverse 
human health or environmental effects'' of their actions on communities 
with environmental justice (EJ) concerns to the greatest extent 
practicable and permitted by law. EPA defines EJ as ``the fair 
treatment and meaningful involvement of all people regardless of race, 
color, national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    TDEC did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for communities with EJ concerns.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 12, 2024. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

     Dated: September 6, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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


Sec.  52.2219  [Removed and Reserved]

0
2. Remove and reserve Sec.  52.2219.


0
3. In Sec.  52.2220:
0
a. In paragraph (c), amend Table 1 under ``CHAPTER 1200-3-27 NITROGEN 
OXIDES'' by revising the entry for ``Section 1200-3-27-.12''; and
0
b. In paragraph (d), amend the table by:
0
i. Revising the entries for ``Packaging Corporation of America--Counce 
Mill'', and ``Eastman Chemical Company'' at the end of the table; and
0
ii. Adding an entry for ``Domtar Paper Company, LLC'' at the end of the 
table.
    The revisions and additions read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
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                                                            State
         State  citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
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                                        Chapter 1200-3-27 Nitrogen Oxides
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                                                  * * * * * * *
Section 1200-3-27-.12............  NOX SIP Call           12/12/2019  9/13/2024, [Insert    Except for 1200-3-27-
                                    Requirements for                   first page of         .12(11), which has
                                    Stationary Boilers                 Federal Register      a state effective
                                    and Combustion                     citation].            date of November
                                    Turbines.                                                24, 2022. The
                                                                                             remainder of 1200-3-
                                                                                             27-.12 remains in
                                                                                             the SIP with a
                                                                                             state effective
                                                                                             date of December
                                                                                             12, 2019.
 
                                                  * * * * * * *
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    (d) * * *

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                                                      State
           Name of source              Permit No.   effective      EPA approval date           Explanation
                                                       date
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                                                  * * * * * * *
Packaging Corporation of America--         078563    6/10/2021  9/13/2024, [Insert       Converting February 10,
 Counce Mill.                                                    first page of.           2023 conditional
                                                                Federal Register          approval to full
                                                                 citation].               approval.
Eastman Chemical Company............       077509    8/11/2021  9/13/2024, [Insert       Converting March 8,
                                                                 first page of.           2023 conditional
                                                                Federal Register          approval to full
                                                                 citation].               approval.

[[Page 74850]]

 
Domtar Paper Company, LLC...........       079291    1/12/2022  9/13/2024, [Insert       .......................
                                                                 first page of.
                                                                Federal Register
                                                                 citation].
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* * * * *
[FR Doc. 2024-20668 Filed 9-12-24; 8:45 am]
BILLING CODE 6560-50-P


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