Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Proposed Rules 74165 

1See 54 FR 25456 (June 15, 1989). EPA had 

initially approved the City of Memphis Code into 

the Tennessee SIP under ‘‘Memphis and Shelby 

County.’’ See id. Included in ‘‘Memphis and Shelby 

County’’ are Shelby County and the following 

municipalities: Town of Arlington, City of Bartlett, 

Town of Collierville, City of Germantown, City of 

Lakeland, City of Memphis, and Town of 

Millington. Shelby County Health Department’s Air 

Pollution Control Branch recommends to the 

aforementioned municipalities regulatory revisions, 

which, if approved, are adopted by Shelby County 

and these included municipalities, which 

implement and enforce the regulations within their 

respective jurisdictions. As the air pollution control 

regulations/ordinances adopted by those 

jurisdictions are substantively identical, EPA had 

selected just one to represent the SIP compilations 

for Shelby County and the included municipalities: 

the City of Memphis Air Code. Thus, the SIP-called 

provision from the Shelby County portion of the 

Tennessee SIP that was identified in the 2015 SSM 

SIP Action was City of Memphis Air Code (although 

it was referred to as ‘‘Shelby County Code’’) Section 

16–87. For simplicity and brevity in this NPRM, 

and since the jurisdictions’ regulations/ordinances 

remain substantively identical, EPA will continue 

to refer to the City of Memphis Air Code throughout 

this NPRM to represent the regulations/ordinances 

of Shelby County and the included municipalities. 

2One of the intervening changes that EPA is 

proposing to approve as part of this proposed 

rulemaking is changing the relevant City of 

Memphis Air Code reference in the SIP from 

Section 16–87 to Section 9–12–24. The title of this 

section remains ‘‘Malfunctions, Startups and 

Shutdowns.’’ 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R4–OAR–2023–0361; FRL–12238–01– 

R4] 

Air Plan Approval; Shelby County, 

Tennessee; Revisions To Startup, 

Shutdown, and Malfunction Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

portion of a State Implementation Plan 

(SIP) revision submitted by the 

Tennessee Department of Environment 

and Conservation (TDEC) on behalf of 

Shelby County Health Department 

(SCHD) Pollution Control Section on 

March 2, 2022, in response to a finding 

of substantial inadequacy and SIP call 

published on June 12, 2015, regarding 

provisions in the Shelby County portion 

of the Tennessee SIP related to excess 

emissions during startup, shutdown, 

and malfunction (SSM) events. The 

revision contains amended air codes of 

Shelby County and the following 

municipalities within Shelby County: 

Town of Arlington, City of Bartlett, 

Town of Collierville, City of 

Germantown, City of Lakeland, City of 

Memphis, and Town of Millington 

(referred to hereinafter as the ‘‘included 

municipalities’’). The SIP revision also 

contains other changes to the affected 

Chapter that are unrelated to the SIP call 

but of which Shelby County and the 

included municipalities are also 

requesting incorporation into the Shelby 

County portion of the Tennessee SIP. 

EPA is proposing to approve the 

portions of the SIP revision that correct 

certain deficiencies identified in the 

June 12, 2015, SSM SIP call and that are 

in accordance with the requirements for 

SIP provisions under the Clean Air Act 

(CAA or Act). 

DATES: Comments must be received on 

or before October 3, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R4– 

OAR–2023–0361 at 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 https://

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Estelle Bae, Air Permits Section, Air 

Planning and Implementation Branch, 

Air and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Bae can be 

reached by telephone at (404) 562–9143 

or via electronic mail at bae.estelle@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. EPA’s 2015 SSM SIP Action 

B. Environ. Comm. Fl. Elec. Power v. EPA, 

94 F.4th 77 (D.C. Cir. 2024) 

C. Shelby County SIP Provisions Related to 

Excess Emissions 

II. Analysis of SCHD’s Revisions to City of 

Memphis Air Code Section 9–12–24, 

‘‘Malfunctions, Startups, and 

Shutdowns’’ 

A. TAPCR Section 1200–3–20–.01, 

‘‘Purpose’’ 

B. TAPCR Section 1200–3–20–.02, 

‘‘Reasonable Measures Required’’ 

C. TAPCR Section 1200–3–20–.04, ‘‘Logs 

and Reports’’ 

D. TAPCR Section 1200–3–20–.06, 

‘‘Scheduled Maintenance’’ 

E. New TAPCR Section 1200–3–20–.06, 

‘‘Report Required Upon the Issuance of 

Notice of Violation’’ 

F. New TAPCR Section 1200–3–20–.07, 

‘‘Special Reports Required’’; New 

TAPCR Section 1200–3–20–.08, ‘‘Rights 

Reserved’’; and New TAPCR Section 

1200–3–20–.09, ‘‘Additional Sources 

Covered’’ 

III. Proposed Actions 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On May 31, 1972, EPA issued a 

rulemaking which initially recognized 

SCHD’s Air Pollution Control Section as 

a local agency for air pollution control 

and originally approved the Memphis 

and Shelby County Code into the 

Tennessee SIP. On June 15, 1989, EPA 

approved portions of SCHD’s July 7, 

1986, SIP revision to revise and update 

several provisions in the Shelby County 

portion of the Tennessee SIP, which 

includes the incorporation by reference 

of Tennessee’s June 18, 1980, stateeffective version of Tennessee Air 

Pollution Control Regulations (TAPCR) 

Chapter 1200–3–20, titled ‘‘Limits on 

Emissions due to Malfunctions, 

Startups, and Shutdowns,’’ into City of 

Memphis Air Code Section 9–12–24 

(formerly Section 16–87).1 2


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3 In this proposed action, EPA is proposing to 

incorporate by reference—with certain exceptions 

noted in this NPRM—into the Shelby County 

portion of the Tennessee SIP, the City of Memphis 

Air Code Section 9–12–24 (formerly Section 16–87), 

locally effective on February 22, 2022, which 

adopts by reference the December 5, 2018, stateeffective version of TAPCR Chapter 1200–3–20, 

‘‘Limits on Emissions Due to Malfunctions, 

Startups, and Shutdowns.’’ EPA is also proposing 

to incorporate by reference the following sections 

that contain substantively identical changes: Shelby 

County—Section 3–9 (locally effective on January 

13, 2020); Town of Arlington—Section 20–101 

(locally effective on November 2, 2020); City of 

Bartlett—Section 20–101 (locally effective on 

December 8, 2020); Town of Collierville—Section 

96.02 (locally effective on November 23, 2020); City 

of Germantown—Section 9–21(24) (locally effective 

on July 12, 2021); City of Lakeland—Section 20–101 

(locally effective on February 10, 2022); Town of 

Millington—Section 20–101 (locally effective on 

October 12, 2020). See the cover letter of the SIP 

revision dated March 1, 2022, with the subject line 

‘‘Request to Incorporate Revisions into the Shelby 

County and Included Municipalities Ordinance into 

the SIP for Tennessee as Response to EPA’s SIP 

Call’’ in the docket for this proposed rulemaking for 

evidence of adoption into the air codes of Shelby 

County and the included municipalities. 

4The state-effective dates for the rules within 

TAPCR Chapter 1200–3–20 that were in effect on 

December 5, 2018, are: 1200–3–20-.01, ‘‘Purpose’’— 

September 26, 1994; 1200–3–20-.02, ‘‘Reasonable 

Measures Required’’—November 11, 1997; 1200–3– 

20-.04, ‘‘Logs and Reports’’—June 19, 2013; 1200– 

3–20-.05, ‘‘Copies of Log Required’’—September 26, 

1994; 1200–3–20-.06, ‘‘Report Required Upon The 

Issuance of a Notice of Violation’’—November 16, 

2016; 1200–3–20-.07, ‘‘Special Reports Required’’— 

September 26, 1994; 1200–3–20-.08, ‘‘Rights 

Reserved’’—September 26, 1994; and 1200–3–20- 

.09, ‘‘Additional Sources Covered’’—September 26, 

1994. As noted above, 1200–3–20-.03 was 

withdrawn from Shelby County’s submission. There 

were no substantive changes to 1200–3–20-.05; 

therefore, it is not further addressed in this NPRM. 

5See 88 FR 41031. 

6Those provisions are TAPCR Section 1200–3– 

20–.06(2) and (4) (formerly Sections 1200–3–20– 

.07(1) and 1200–3–20–.07(3)). 

7See Environ. Comm. Fl. Elec. Power v. EPA, 94 

F.4th 77, 114 (D.C. Cir. 2024). 

8See 80 FR 33935. 

In this notice of proposed rulemaking 

(NPRM), EPA is proposing to approve a 

portion of the SIP revision dated March 

1, 2022, which was transmitted by 

TDEC to EPA on March 2, 2022, to 

revise the Shelby County portion of the 

Tennessee SIP. See below for more 

details on the portions of the March 2, 

2022, SIP revision that EPA is not acting 

on in this NPRM. SCHD is requesting 

that EPA incorporate into the Shelby 

County portion of the Tennessee SIP 

portions of the version of TAPCR 

Chapter 1200–3–20, titled ‘‘Limits on 

Emissions Due to Malfunctions, 

Startups, and Shutdowns’’ as effective 

on December 5, 2018.3 4

The revisions to City of Memphis Air 

Code Section 9–12–24 incorporate the 

changes that are responsive to the 2015 

SSM SIP Action and correspond to 

changes approved by EPA into the 

Tennessee SIP on June 23, 2023.5 The 

revisions include other changes 

unrelated to the 2015 SSM SIP Action 

that are consistent with Tennessee SIP 

revisions that EPA has approved since 

the last version of TAPCR Chapter 

1200–3–20 was formally adopted into 

the Shelby County portion of the 

Tennessee SIP on June 15, 1989. 

To be consistent with Tennessee’s 

approach with respect to its SIP-called 

provisions, SCHD withdrew certain 

portions of its March 2, 2022, SIP 

revision—specifically, the SCHD 

provisions with respect to which (1) 

EPA had determined the corresponding 

Tennessee provisions did not correct the 

deficiencies, (2) EPA had proposed to 

disapprove the corresponding 

Tennessee provisions in the April 6, 

2023, NPRM, or (3) EPA’s proposed 

approval of the corresponding 

Tennessee provisions had received 

adverse comments during the public 

comment period for the April 6, 2023, 

NPRM. In particular, the changes to the 

March 2, 2022, SIP revision that SCHD 

has withdrawn include the changes to 

TAPCR Section 1200–3–20-.03, titled 

‘‘Notice Required When Malfunction 

Occurs,’’ and TAPCR Section 1200–3– 

20-.06, ‘‘Report Required Upon the 

Issuance of a Notice of Violation,’’ 

paragraph (1) and paragraph (4). The 

letter withdrawing these provisions is 

provided in the docket for this NPRM. 

A. EPA’s 2015 SSM SIP Action 

On June 12, 2015, pursuant to CAA 

section 110(k)(5), EPA finalized ‘‘State 

Implementation Plans: Response to 

Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown and Malfunction,’’ 

hereinafter referred to as the ‘‘2015 SSM 

SIP Action.’’ See 80 FR 33839 (June 12, 

2015). The 2015 SSM SIP Action 

clarified, restated, and updated EPA’s 

interpretation that SSM exemption and 

affirmative defense SIP provisions are 

inconsistent with CAA requirements. 

The 2015 SSM SIP Action found that 

certain SIP provisions in 45 State and 

local jurisdictions, including Shelby 

County, were substantially inadequate 

to meet CAA requirements and issued a 

SIP call to those State and local 

jurisdictions to submit SIP revisions to 

address the inadequacies. EPA 

established a deadline of November 22, 

2016 (18 months after the effective date 

of the action) by which the affected 

State and local jurisdictions had to 

submit such SIP revisions. 

On March 2, 2022, SCHD submitted a 

SIP revision in response to the 2015 SIP 

call requesting EPA approval of the 

adoption by reference of TAPCR 

Chapter 1200–3–20, as effective on 

December 5, 2018, into City of Memphis 

Air Code Section 9–12–24. The version 

of TAPCR Chapter 1200–3–20 of which 

SCHD is requesting incorporation into 

the SIP includes revisions that were 

submitted by the State in response to 

the 2015 SSM SIP Action along with 

other revisions that were not subject to 

the SIP call but had been approved into 

the Tennessee SIP in prior rulemakings. 

The March 2, 2022, SIP revision was 

deemed complete on July 21, 2023. A 

copy of the letter containing this 

completeness determination is provided 

in the docket for this NPRM. 

B. Environ. Comm. Fl. Elec. Power v. 

EPA, 94 F.4th 77 (D.C. Cir. 2024) 

On March 1, 2024, the United States 

Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit) issued a 

decision in Environ. Comm. Fl. Elec. 

Power v. EPA, No. 15–1239 (‘‘D.C. 

Circuit decision’’). The case is a 

consolidated set of petitions for review 

of the 2015 SSM SIP Action. The Court 

granted the petitions in part, vacating 

the SIP call with respect to SIP 

provisions that EPA identified as 

automatic exemptions, director’s 

discretion provisions, and affirmative 

defenses that are functionally 

exemptions; and denied the petitions as 

to other provisions that EPA identified 

as overbroad enforcement discretion 

provisions, or affirmative defense 

provisions that would preclude or limit 

a court from imposing relief in the case 

of violations. EPA has assessed the 

impact of the decision with respect to 

the removal of overbroad defense 

provisions at issue in the Shelby County 

portion of the Tennessee SIP.6 We have 

concluded that the previously stated 

reasons for the proposed removal of 

these provisions, as articulated in the 

2015 SSM SIP Action, are consistent 

with the recent D.C. Circuit decision, as 

these are overbroad enforcement 

discretion provisions. The Court 

upheld 7 the EPA’s 2015 SSM SIP 

Action with regard to provisions that 

grant States overbroad enforcement 

discretion, which EPA found to be 

‘‘inconsistent with the enforcement 

structure of the CAA as they could be 

interpreted to allow the State to make 

the final decision whether such 

emissions are violations, thus impeding 

the ability of the EPA and citizens to 

enforce the emission limitations of the 

SIP.’’ 8


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9 In the 2015 SSM SIP Action, City of Memphis 

Air Code (although it was referred to as ‘‘Shelby 

County Code’’) Section 16–87 was SIP-called. Since 

the last (1989) SIP-approved version of the adoption 

by reference of this Section, City of Memphis Air 

Code Section 16–87 has been renumbered to 

Section 9–12–24. See supra notes 1 and 2. 

10See 80 FR 33839, 33965 (June 12, 2015). 

11 In the 2015 SSM SIP Action, with respect to 

Tennessee, EPA also identified TAPCR Section 

1200–3–5–.02(1), under the Chapter titled ‘‘Visible 

Emissions,’’ as substantially inadequate on the basis 

that it contains an impermissible unbounded 

director’s discretion provision, and this provision 

was SIP-called. The Shelby County portion of the 

Tennessee SIP, under Shelby County Air Code 

Section 3–17 (the equivalent of SIP-approved City 

of Memphis Air Code Section 16–83, which has 

since been revised to Section 9–12–20), 

incorporates by reference Chapter 1200–3–5 of the 

TAPCR. This provision is likewise substantially 

inadequate to satisfy the requirements of the CAA 

for the same reason. While this provision was not 

included in the 2015 SSM SIP Action, EPA issued 

a NPRM on February 24, 2023, proposing to SIPcall this provision from the Shelby County portion 

of the Tennessee SIP. The proposed SIP call has not 

yet been finalized, and SCHD has not yet submitted 

a SIP submission addressing the relevant provision. 

See 88 FR 11842 (February 24, 2023). 

12The ‘‘State effective date’’ identified in 40 CFR 

52.2220(c) for Memphis Air Code Section 16–87 is 

incorrect; instead of August 14, 1989, it should be 

June 18, 1986. 

13The June 30, 2023, letter from TDEC is 

included in the docket for this NPRM, as is SCHD’s 

June 29, 2023, letter regarding withdrawal of certain 

provisions. 

C. Shelby County SIP Provisions Related 

to Excess Emissions 

In the 2015 SSM SIP Action, with 

regard to the Shelby County portion of 

the Tennessee SIP, EPA determined that 

City of Memphis Air Code Section 9– 

12–24 9 was substantially inadequate to 

meet the fundamental requirements of 

the CAA and issued a SIP call for this 

provision. In the March 2, 2022, SIP 

revision, SCHD requests approval of a 

revised version of City of Memphis Air 

Code Section 9–12–24, which adopts by 

reference portions of TAPCR Chapter 

1200–3–20 as state-effective on 

December 5, 2018. City of Memphis Air 

Code Section 16–87 (since renumbered 

to Section 9–12–24) comprises, through 

the adoption by reference of the June 30, 

2003, state-effective version of TAPCR 

Chapter 1200–3–20, certain provisions 

of which were SIP-called as part of the 

same action.10 Consequently, certain 

provisions of City of Memphis Air Code 

Section 16–87 (since renumbered to 

Section 9–12–24) were SIP-called for the 

same reasons that the corresponding 

provisions of TAPCR Chapter 1200–3– 

20 were SIP-called. 

With regard to the State portion of the 

Tennessee SIP, EPA determined in the 

2015 SSM SIP Action that two 

provisions in TAPCR Chapter 1200–3– 

20—Sections 1200–3–20–.07(1) and 

1200–3–20–.07(3)—were substantially 

inadequate to satisfy CAA requirements 

and issued a SIP call for these 

provisions.11 Paragraph (1) of Section 

1200–3–20–.07, ‘‘Report Required Upon 

the Issuance of Notice of Violation,’’ 

provides the Technical Director with the 

discretion, upon review of a source’s 

excess emissions report, to determine if 

an event is a violation and whether to 

pursue an enforcement action. 

Paragraph (3) of Section 1200–03–20– 

.07 provides reporting requirements in 

the event of excess emissions and 

specifies that failure to submit the 

required report precludes the 

admissibility of the report data as an 

excuse for causing excess emissions 

during malfunctions, startups, and 

shutdowns. The rationale underlying 

EPA’s determination that these 

provisions are substantially inadequate 

to meet CAA requirements and therefore 

require revisions is detailed in the 2015 

SSM SIP Action and the corresponding 

proposals. 

On March 2, 2022, TDEC submitted a 

SIP revision on behalf of SCHD in 

response to the SIP call issued in the 

2015 SSM SIP Action and requested that 

EPA replace the existing City of 

Memphis Air Code Section 16–87 (since 

renumbered to Section 9–12–24) in the 

Shelby County portion of the Tennessee 

SIP with the version of Section 9–12–24 

that adopts by reference TAPCR Chapter 

1200–3–20, as effective December 5, 

2018. The March 2, 2022, revision 

contains changes that are responsive to 

the 2015 SSM SIP Action and other 

revisions approved into TAPCR Chapter 

1200–3–20 of the Tennessee SIP since 

its last adoption into the City of 

Memphis Air Code. EPA’s rationale for 

proposing to approve each revision is 

described in more detail in section II of 

this document. 

II. Analysis of SCHD’s Revisions to City 

of Memphis Air Code Section 9–12–24, 

‘‘Malfunctions, Startups, and 

Shutdowns’’ 

EPA’s last approval into the Shelby 

County portion of the Tennessee SIP of 

the adoption of TAPCR Chapter 1200– 

3–20 into the City of Memphis Air Code 

Section 16–87 (since renumbered to 

Section 9–12–24) was completed on 

June 15, 1989, with a local effective date 

of June 18, 1986. See 54 FR 25456 (June 

15, 1989).12 EPA now proposes to act on 

the changes adopted between the 1989 

SIP-approved version and the version 

transmitted in response to the 2015 SSM 

SIP Action with a local effective date of 

February 22, 2022. These changes 

include, among other things, the 

removal of the adoption by reference of 

TAPCR Section 1200–3–20–.06, 

‘‘Scheduled Maintenance,’’ and the 

associated renumbering of the 

subsequent sections. SCHD requests to 

incorporate by reference the newly 

renumbered sections (Sections 1200–3– 

20–.07 through .10 are renumbered to 

1200–3–20–.06 through .09) and the 

other sections that contain changes 

addressed in the SIP revision. 

SCHD has excluded certain parts of 

the adoption by reference of TAPCR 

Chapter 1200–3–20 from its request for 

EPA approval of City of Memphis Air 

Code Section 9–12–24 into the SIP. The 

February 22, 2022, version of City of 

Memphis Air Code Section 9–12–24, 

through which the City of Memphis 

adopts by reference TAPCR Chapter 

1200–3–20, does not exclude Section 

1200–3–20–.06(5), which lists various 

types of sources and corresponding ‘‘de 

minimis’’ emission levels below which 

no notice of violation(s) of certain 

pollutant limits will be automatically 

issued and SSM exemptions may apply. 

However, in the March 2, 2022, SIP 

revision, SCHD requests that Section 

1200–3–20–.06(5) not be incorporated 

into the Shelby County portion of the 

Tennessee SIP. In addition, on June 30, 

2023, EPA received a request submitted 

by TDEC, on behalf of SCHD, to 

withdraw the portion of its submission 

making changes to TAPCR Section 

1200–3–20–.03, new TAPCR Section 

1200–3–20–.06(1), and new TAPCR 

Section 1200–3–20–.06(4), as submitted 

in the March 2, 2022, SIP revision.13

Therefore, EPA is proposing to approve 

SCHD’s changes to its adoption by 

reference of TAPCR Sections 1200–3– 

20–.01, 1200–3–20–.02, 1200–3–20–.04, 

1200–3–20–.05, 1200–3–20–.06 

(renumbered from 1200–3–20–.07) 

except for 1200–3–20–.06(1), 1200–3– 

20–.06(4), and 1200–3–20–.06(5), 1200– 

3–20–.07 (renumbered from 1200–3–20– 

.08), 1200–3–20–.08 (renumbered from 

1200–3–20–.09), and 1200–3–20–.09 

(renumbered from 1200–3–20–.10). EPA 

is also proposing to approve the removal 

of existing Section 1200–3–20–.06, 

‘‘Scheduled Maintenance.’’ The changes 

EPA proposes to approve are described 

in more detail below. 

A. TAPCR Section 1200–3–20–.01, 

‘‘Purpose’’ 

SCHD’s March 2, 2022, SIP revision 

adopts by reference portions of the 

December 5, 2018, state-effective 

version of TAPCR Chapter 1200–3–20, 

which includes TAPCR Section 1200–3– 

20–01. Changes to City of Memphis Air 

Code Section 9–12–24 with respect to 

TAPCR Section 1200–3–20–01 are 

consistent with TDEC’s January 20, 

2023, SIP revision, which EPA approved 


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14See 88 FR 41031 (June 23, 2023). 

15See 54 FR 25456 (June 15, 1989). 

16See 81 FR 66826 (September 29, 2016). In the 

NPRM for that rulemaking, EPA included an 

evaluation of the impact of this removal on the 

reporting obligations for major sources, minor 

sources, and on TDEC’s ability to determine 

whether sources are operating in compliance with 

the SIP. See 81 FR 49201 (July 27, 2016). The NPRM 

also further evaluated the removal of this language 

with the requirements of section 110(l) and section 

193 of the CAA. The effect of this corresponding 

revision in the Shelby County Air Code is 

consistent with the effect as evaluated by EPA with 

respect to Tennessee. 

17See 88 FR 20443, 20446 (April 6, 2023). 

18For example, Shelby County Air Code adopts 

by reference TAPCR Chapter 1200–3–10. Under 

TAPCR Section 1200–3–10–02, sources are required 

on June 23, 2023.14 These changes are 

minor, are not responsive to the 2015 

SIP call, and are otherwise consistent 

with the CAA. Specifically, they include 

removing the list of examples of sources 

that are considered to be an ‘‘air 

contaminant source.’’ The definition of 

‘‘air contaminant source’’ is also 

included elsewhere in the Shelby 

County portion of the SIP—specifically, 

under City of Memphis Air Code 

Section 9–12–1, ‘‘Definitions,’’ which 

adopts by reference TAPCR Chapter 

1200–3–2, ‘‘Definitions,’’ as approved 

on June 15, 1989.15 This revision would 

remove the redundancy of this term in 

the Shelby County portion of the 

Tennessee SIP and would not relax the 

applicability of the regulations in City of 

Memphis Air Code Section 9–12–24. 

Accordingly, EPA is proposing to 

approve the requested change to this 

regulation. 

B. TAPCR Section 1200–3–20–02, 

‘‘Reasonable Measures Required’’ 

The March 2, 2022, SIP revision to the 

adoption by reference under City of 

Memphis Air Code Section 9–12–24 of 

TAPCR Section 1200–3–20–02 contains 

substantive changes that are not 

responsive to the 2015 SIP call but that 

either strengthen or do not alter the 

stringency of the Shelby County portion 

of the Tennessee SIP and are otherwise 

consistent with the CAA. Existing 

paragraph (1) of the SIP-approved 

version of the adoption by reference of 

TAPCR Section 1200–3–20–02 under 

City of Memphis Air Code Section 9– 

12–24, ‘‘Reasonable Measures 

Required,’’ provides, in part, that for 

sources that are in or are significantly 

affecting a nonattainment area, ‘‘failures 

that are caused by poor maintenance, 

careless operation or any other 

preventable upset condition or 

preventable equipment breakdown shall 

not be considered malfunctions, and 

shall be considered in violation of the 

emission standard exceeded and this 

rule.’’ The revision removes the 

statement that such equipment failures 

‘‘shall be considered in violation of the 

emission standard exceeded and this 

rule.’’ This revision simply eliminates 

unnecessary language indicating that a 

source which experiences an equipment 

failure is automatically in violation of 

applicable emission standards and the 

City of Memphis Air Code provision. 

This change is appropriate because an 

instance of equipment failure does not 

always result in an exceedance of an 

emission standard. 

In addition, SCHD is requesting 

removal of a portion of this provision 

that limits the regulation to ‘‘sources 

identified in Tennessee Rule 1200–3– 

19, or by a permit condition or an order 

issued by the Board or by the Technical 

Secretary as being in or significantly 

affecting a nonattainment area.’’ The 

effect of removing this language would 

be to expand the applicability of the 

adoption by reference of TAPCR Section 

1200–3–20–02 under City of Memphis 

Air Code Section 9–12–24 so that the 

regulation would now apply to all air 

contaminant sources instead of sources 

that are in or significantly affecting a 

nonattainment area only. 

These changes do not provide an 

exemption for any applicable emission 

standards, nor do they modify any 

applicable requirements for air 

contaminant sources. With these 

changes, all applicable emission 

standards will continue to apply during 

all times. EPA is proposing to approve 

these changes to the adoption by 

reference of TAPCR Section 1200–3–20– 

02 under City of Memphis Air Code 

Section 9–12–24 in the Shelby County 

portion of the Tennessee SIP because 

they are consistent with the CAA. 

C. TAPCR Section 1200–3–20–04, ‘‘Logs 

and Reports’’ 

The changes that SCHD is requesting 

to this provision through the adoption 

of TAPCR Section 1200–3–20–04, ‘‘Logs 

and Reports,’’ as effective December 5, 

2018, are not responsive to the 2015 

SSM SIP Action. They include the 

removal of the existing text of paragraph 

(2) from the original March 21, 1979, 

SIP-approved version of the adoption by 

reference of TAPCR Section 1200–3–20– 

04 under City of Memphis Air Code 

Section 9–12–24 and replacement of the 

removed paragraph with the word 

‘‘Reserved.’’ EPA approved Tennessee’s 

revision to this regulation in 2016.16

Existing paragraph (2) provides that all 

sources located in or having a 

significant impact on a nonattainment 

area must submit a quarterly report that 

(1) identifies periods of exceedance of 

an applicable 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 SCHD’s 

adoption by reference of TAPCR Section 

1200–3–10–02 or Chapter 1200–3–16. 

EPA is proposing to approve this SIP 

revision as it is consistent with the 

CAA. 

D. TAPCR Section 1200–3–20–06, 

‘‘Scheduled Maintenance’’ 

In its March 2, 2022, SIP revision, 

SCHD requests the removal of the 

adoption by reference of TAPCR Section 

1200–3–20–06, ‘‘Scheduled 

Maintenance,’’ from City of Memphis 

Air Code Section 9–12–24, as approved 

in the Shelby County portion of the 

Tennessee SIP. Although this provision 

was not SIP-called in the 2015 SSM SIP 

Action, TAPCR Section 1200–3–20–06 

specifies reporting requirements for any 

shutdown of air pollution control 

equipment for necessary scheduled 

maintenance that will result in excess 

emissions. Specifically, this regulation 

requires notification within 24 hours of 

planned maintenance of air pollution 

control equipment unless the 

maintenance is routine, in which case 

the notifications may be made on an 

annual basis. 

Section 110(l) of the CAA provides 

that EPA shall not approve a revision to 

a plan if the revision would interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

requirement of the CAA. EPA proposes 

to approve the removal of this 

regulation in its entirety because the 

removal is not expected to cause any 

increase in emissions. This revision 

does not remove a prohibition on excess 

emissions or any specific requirements 

to minimize those emissions and thus is 

not a relaxation of a control 

requirement. Furthermore, as Tennessee 

noted in its corresponding SIP 

revision,17 the routine shutdown of air 

pollution control equipment described 

in Section 1200–3–20–06 is 

inappropriate. 

EPA also notes that a requirement for 

sources to identify and report any 

anticipated excess emissions event 

resulting from control equipment 

undergoing scheduled maintenance is 

not a CAA-required element of SIPs. 

The Shelby County portion of the 

Tennessee SIP contains other reporting 

requirements that include the reporting 

of actual excess emissions events once 

such events have occurred.18 Thus, the 


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to report any actual excess emissions if the source 

has a continuous emissions monitoring system. 

19See 88 FR 41031, 41033 (June 23, 2023). 

20See 88 FR 20443. 

21See id. at 20446. 

22TDEC ultimately withdrew its changes to 1200– 

3–5–.02(1). See 88 FR 20443 (April 6, 2023) and 88 

FR 41031 (June 23, 2023). 

23See Environ. Comm. Fl. Elec. Power v. EPA, 94 

F.4th 77, 114 (D.C. Cir. 2024). Sections 1200–3–20– 

.06(1) and (2) were formerly part of 1200–3–20– 

.07(1), and Section 1200–3–20–.06(4) was formerly 

1200–3–20–.07(3). 

removal from City of Memphis Air Code 

Section 9–12–24 of the adoption by 

reference of Section 1200–3–20–06 

would not prevent the receipt of reports 

of actual excess emissions. EPA 

proposes to find that removing the 

adoption by reference of TAPCR Section 

1200–3–20–06 would not interfere with 

any applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. Furthermore, 

this removal would be consistent with 

EPA’s approval of Tennessee’s removal 

of this regulation from the SIP.19

Accordingly, EPA is proposing to 

approve Shelby County’s request to 

remove the adoption by reference of 

TAPCR Section 1200–3–20–06, 

‘‘Scheduled Maintenance,’’ from City of 

Memphis Air Code Section 9–12–24 in 

the Shelby County portion of the 

Tennessee SIP. 

E. New TAPCR Section 1200–3–20–06, 

‘‘Report Required Upon the Issuance of 

a Notice of Violation’’ 

Due to the requested deletion of the 

adoption by reference of TAPCR Section 

1200–3–20–06, ‘‘Scheduled 

Maintenance,’’ as discussed above, 

SCHD is requesting the renumbering of 

the existing adoption by reference of 

TAPCR Section 1200–3–20–07, ‘‘Report 

Required Upon The Issuance of a Notice 

of Violation,’’ to TAPCR Section 1200– 

3–20–06 under City of Memphis Air 

Code Section 3–9 in the Shelby County 

portion of the Tennessee SIP. Shelby 

County’s March 2, 2022, SIP revision 

also requests that EPA approve the 

adoption by reference of Tennessee’s 

changes to several paragraphs within 

this regulation, some of which are 

responsive to the 2015 SIP call. Some of 

the other changes include regulatory 

revisions that became state-effective 

prior to the changes made in response 

to the 2015 SSM SIP Action. 

The changes to this section that are 

not in response to the 2015 SSM SIP 

Action include the renumbering of the 

adoption by reference of TAPCR Section 

1200–3–20–07, ‘‘Report Required Upon 

the Issuance of a Notice of Violation,’’ 

to 1200–3–20–06, consistent with the 

removal of the current SIP-approved 

version of the adoption by reference of 

Section 1200–3–20–06, ‘‘Scheduled 

Maintenance,’’ under City of Memphis 

Air Code Section 3–9. Shelby County 

also revises the regulation by splitting 

the requirements of paragraph .07(1) 

into two paragraphs, now renumbered 

as .06(1) and .06(2). The text from 

current SIP-approved paragraph .07(1) 

that has been moved to new paragraph 

.06(1) has been revised to, among other 

things, improve clarity and ensure 

consistency with other Tennessee 

regulations that have been adopted by 

reference into the City of Memphis Air 

Code and with the terms defined in City 

of Memphis Air Code Section 9–12–1 

which adopts by reference TAPCR 

Chapter 1200–3–2, ‘‘Definitions.’’ The 

revised text also updates internal 

references to the regulations. 

The text from current SIP-approved 

paragraph .07(1) that has been moved to 

new paragraph .06(2) has been revised 

to, among other things, update the 

citation in the provision to reflect the 

renumbering of the adoption by 

reference of TAPCR Section 1200–3–20– 

.07(2) to 1200–3–20–.06(3). 

In a letter dated June 29, 2023, SCHD 

withdrew several changes submitted in 

the March 2, 2022, SIP revision that 

SCHD had determined may not be 

approvable into the Shelby County 

portion of the Tennessee SIP based on 

EPA’s proposed partial disapproval of 

Tennessee’s SIP call response,20

including the revisions to the adoption 

by reference of TAPCR Section 1200–3– 

20–.06(1). The version of TAPCR 

Section 1200–3–20–.06(1) adopted by 

reference under City of Memphis Air 

Code Section 9–12–24 and submitted in 

the March 2, 2022, SIP revision contains 

a cross-reference to TAPCR Section 

1200–3–5–.02(1), which EPA proposed 

to disapprove.21 Although Tennessee 

submitted a SIP revision to revise 

TAPCR Section 1200–3–5–.02(1), EPA 

determined that the State’s changes to 

this regulation did not adequately 

correct the deficiencies and proposed to 

disapprove this portion of Tennessee’s 

SIP revision.22 The D.C. Circuit upheld 

the EPA’s SIP call for former TAPCR 

Sections 1200–3–20–.07(1) and 1200–3– 

20–.07(3) (now Sections 1200–3–20– 

.06(1), 1200–3–20–.06(2), and 1200–3– 

20–.06(4)) in Environ. Comm. Fl. Elec. 

Power v. EPA on the basis that they are 

impermissible ‘‘overbroad enforcement 

discretion’’ provisions.23 In light of the 

D.C. Circuit decision, SCHD intends to 

resubmit the language in those 

provisions to remove the remaining 

‘‘overbroad enforcement discretion’’ 

language therein. SCHD will be in a 

position to do that after Tennessee has 

made a determination about how to 

revise those provisions and the updated 

regulations have been adopted into the 

air codes for Shelby County and the 

included municipalities. 

EPA is proposing to approve SCHD’s 

revisions to the adoption by reference of 

new TAPCR Section 1200–3–20–.06(2) 

(former TAPCR Section 1200–3–20– 

.07(1), now renumbered to .06(2)), 

which include removing the language 

which States that the report detailing 

the circumstances of the excess 

emissions will be used ‘‘to assist the 

Technical Secretary in deciding whether 

to excuse or proceed upon the 

violation.’’ By removing this phrase, the 

provision will no longer appear to 

provide an impermissible discretionary 

exemption from SIP emission limits. In 

addition, the adoption by reference of 

new TAPCR Section 1200–3–20–.06(2) 

includes minor updates to the wording 

for clarification purposes. By removing 

the ambiguous language in TAPCR 

Section 1200–3–20–.06(2) that EPA SIPcalled as an impermissible discretionary 

exemption, SCHD has addressed the 

specific deficiencies that EPA identified 

in the 2015 SSM SIP Action with 

respect to the adoption by reference of 

TAPCR Section 1200–3–20–.06(2). 

EPA is also proposing to approve 

SCHD’s revisions to the adoption by 

reference of new TAPCR Section 1200– 

3–20–.06(3) (former Section 1200–3–20– 

.07(2), now renumbered to .06(3)), 

which describes the contents of the 

report required to be submitted to the 

State when a notice of violation is 

issued. The only changes made to this 

paragraph are minor wording and 

punctuation changes. 

Next, SCHD submitted revisions to 

the adoption by reference of new 

TAPCR Section 1200–3–20–.06(4) 

(former Section 1200–3–20–.07(3)), 

including wording changes, in the 

March 2, 2022, SIP revision. However, 

due to an adverse comment EPA 

received during the public comment 

period for the April 6, 2023, NPRM, 

regarding Tennessee’s revisions to this 

provision, SCHD withdrew from EPA’s 

consideration the adoption by reference 

of TAPCR Section 1200–3–20–.06(4). 

The March 2, 2022, SIP revision also 

includes the adoption by reference of 

TAPCR Section 1200–3–20–.06(5), 

which lists various types of sources and 

‘‘de minimis’’ emission levels, below 

which no notice of violation(s) of 

certain pollutant limits will be 

automatically issued and SSM 

exemptions may apply. However, as 

part of the March 2, 2022, SIP revision, 

SCHD requested that paragraph (5) not 

be incorporated into the Shelby County 


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24EPA’s proposed approval of the changes to and 

incorporation by reference of City of Memphis Air 

Code Section 9–12–24 also includes the approval of 

substantively identical changes to regulations/ 

ordinances submitted for Shelby County and the 

other included municipalities and the incorporation 

by reference of those impacted sections in these 

jurisdictions. See footnote 3, above. 

25EPA is not proposing to incorporate by 

reference into the Shelby County portion of the 

Tennessee SIP the adoption by reference of TAPCR 

Section 1200–3–20–.03, 1200–.03–20–.06(1), 1200– 

3–20–.06(4), and 1200–.03–20–.06(5). If EPA 

finalizes this action as proposed, it will revise the 

entry for Section 16–87 in Table 2 of 40 CFR 

52.2220(c) to reflect the retention of TAPCR Section 

1200–3–20–.03 as State-effective March 21, 1979, 

and the first sentence of TAPCR Section 1200–3– 

20–.07(1) as State-effective December 14, 1981, and 

add an entry for Section 9–12–24 with the 

exceptions noted in the prior sentence. 

portion of the Tennessee SIP at this 

time. 

In paragraph .06(6), which was not 

SIP-called, the following statement has 

been added: ‘‘No emission during 

periods of malfunction, start-up, or 

shutdown that is in excess of the 

standards in Division 1200–03 or any 

permit issued thereto shall be allowed 

which can be proved to cause or 

contribute to any violations of the 

Ambient Air Quality Standards 

contained in TAPCR Chapter 1200–3–3 

or the National Ambient Air Quality 

Standards.’’ As revised, this paragraph 

simply notes that excess emissions 

during periods of SSM which are known 

to cause or contribute to violations of 

ambient air quality standards are not 

allowed. EPA notes that, while this 

provision does not convey an inaccurate 

concept, in light of the D.C. Circuit 

decision, EPA is continuing its 

longstanding interpretation that 

emission limits in the SIP, whether 

intended to provide for attainment and 

maintenance of the national ambient air 

quality standards (NAAQS) or 

otherwise, must be continuous. Any 

excess emissions that would violate an 

applicable SIP emission limitation are 

not allowed, regardless of whether they 

can be proved to cause or contribute to 

violations of any ambient air quality 

standards, and regardless of whether 

they occur during periods of SSM. With 

Shelby County’s changes to the 

adoption by reference of TAPCR 

Chapter 1200–3–20, there are no 

specific exemptions from applicable SIP 

emission limitations in this Chapter. 

For the reasons described in this 

Section II.E, EPA is proposing to 

approve SCHD’s March 2, 2022, SIP 

revision to City of Memphis Air Code 

Section 9–12–24, which incorporates by 

reference the portions of TAPCR Section 

1200–3–20–.06, as renumbered from 

1200–3–20–.07, that have not been 

withdrawn in the letter dated June 29, 

2023. Specifically, with respect to the 

adoption by reference of new TAPCR 

Section 1200–3–20–.06, EPA is 

proposing to approve: the re-numbering 

of this provision from TAPCR Section 

1200–3–20–.07 to TAPCR Section 1200– 

3–20–.06, splitting former TAPCR 

Section 1200–3–20–.07, paragraph (1), 

into paragraphs (1) and (2); and the 

textual revisions to new TAPCR Section 

1200–3–20–.06, paragraphs (2), (3), and 

(6). The portions of the March 2, 2022, 

SIP revision that SCHD has withdrawn 

from EPA’s consideration as a SIP 

revision include the adoption by 

reference of TAPCR Section 1200–3–20– 

.06, paragraphs (1) and (4) (SCHD’s June 

29, 2023, letter withdrawing these 

provisions is included in the docket for 

this proposed rulemaking.) and (5) 

(SCHD requests in its March 2, 2022, 

SIP revision that this provision not be 

incorporated into the Shelby County 

portion of the Tennessee SIP). As noted 

above in this Section II.E, SCHD plans 

to reevaluate and resubmit at a later date 

a revised version of these provisions. 

The withdrawal of these provisions 

from EPA’s consideration is relevant to 

EPA’s previous finding of failure to 

submit for those SIP-called provisions. 

The finding of failure to submit for 

Shelby County will continue to remain 

in effect and will be considered in a 

separate action. 

F. New TAPCR Section 1200–3–20–.07, 

‘‘Special Reports Required’’; New 

TAPCR Section 1200–3–20–.08, ‘‘Rights 

Reserved’’; and New TAPCR Section 

1200–3–20–.09, ‘‘Additional Sources 

Covered’’ 

EPA is proposing to approve Shelby 

County’s request to incorporate the nonsubstantive changes to the code that 

adopt by reference TAPCR Sections 

1200–3–20–.07 and 1200–3–20–.08. 

Additionally, EPA is proposing to 

approve Shelby County’s request to 

incorporate the adoption by reference of 

TAPCR Section 1200–3–20–.09, as 

renumbered from 1200–3–20–.10, which 

includes other minor edits to assign a 

number to the provision now included 

as paragraph .09(1) and to include 

parentheses around existing text in this 

provision. EPA is proposing to approve 

these revisions. 

III. Proposed Action 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Based on the analysis in section II of 

this NPRM, EPA is proposing to approve 

the portion of Tennessee’s March 2, 

2022, SIP revision that makes changes to 

the Shelby County portion of the 

Tennessee SIP under City of Memphis 

Air Code Section 9–12–24 (formerly 

Section 16–87), which adopts by 

reference portions of TAPCR Chapter 

1200–3–20 as effective on December 5, 

2018. Specifically, EPA is proposing to 

approve the changes to the adoption by 

reference of Section 1200–3–20–.01, 

‘‘Purpose’’; Section 1200–3–20–.02, 

‘‘Reasonable Measures Required’’; 

Section 1200–3–20–.04, ‘‘Logs and 

Reports’’; Section 1200–3–20–.06, 

‘‘Report Required Upon the Issuance of 

Notice of Violation,’’ renumbered from 

1200–3–20–.07, except for 1200–3–20– 

.06(1), 1200–3–20–.06(4), and 1200–3– 

20–.06(5); Section 1200–3–20–.07, 

‘‘Special Reports Required,’’ 

renumbered from 1200–3–20–.08; and 

Section 1200–3–20–.09, ‘‘Additional 

Source Covered,’’ renumbered from 

1200–3–20–10. EPA is also proposing to 

approve the addition of Section 1200–3– 

20–.08, ‘‘Rights Reserved.’’ EPA is also 

proposing to approve the removal of 

Section 1200–3–20–.06, ‘‘Scheduled 

Maintenance.’’ 

EPA is not reopening the 2015 SSM 

SIP Action nor soliciting comment on 

the rationale for issuing the 2015 SIP 

call to Shelby County or the 2022 

finding of failure to submit in response 

to the 2015 SIP call for Shelby County. 

EPA is taking comment on whether the 

proposed revisions to the Shelby County 

portion of the Tennessee SIP are 

consistent with CAA requirements and 

whether these changes remedy the 

substantial inadequacies in the specific 

Tennessee SIP provisions identified in 

the 2015 SSM SIP Action. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference.24 In accordance with the 

requirements of 1 CFR 51.5, and as 

discussed in sections I through III of this 

preamble, EPA is proposing to 

incorporate by reference, with certain 

exceptions, City of Memphis Air Code 

Section 9–12–24, locally effective on 

February 22, 2022, which itself adopts 

by reference TAPCR Chapter 1200–3– 

20, as State effective on December 5, 

2018.25 These revisions are intended, in 

part, to conform Shelby County’s 

regulations with the State of 

Tennessee’s SIP-approved regulations. 

EPA has made and will continue to 

make these materials generally available 

through https://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). 


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Federal Register / Vol. 89, No. 177 / Thursday, September 12, 2024 / Proposed Rules 74171 

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 

CAA 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 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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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 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). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (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.’’ 

The air agency 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 proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving EJ for 

communities with EJ concerns. 

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. 

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

Dated: September 6, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–20669 Filed 9–11–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0466; FRL–12179– 

01–R4] 

Air Plan Approval; Forsyth County, 

North Carolina; Removal of Excess 

Emissions Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the North 

Carolina Division of Air Quality 

(NCDAQ) on behalf of the Forsyth 

County Office of Environmental 

Assistance and Protection (FCEAP or 

Forsyth County) on November 28, 2022. 

The revision was submitted in response 

to a finding of substantial inadequacy 

and SIP call published on June 12, 2015, 

concerning excess emissions during 

startup, shutdown, and malfunction 

(SSM) events, and is intended to correct 

deficiencies in the Forsyth County 

portion of the North Carolina SIP 

identified by EPA in the SIP call. EPA 

is proposing to approve the SIP revision 

in accordance with requirements for SIP 

provisions under the Clean Air Act 

(CAA or Act). In addition, EPA is 

proposing to approve minor and 

administrative changes to certain 

regulatory provisions that have been 

revised by the local agency since EPA’s 

last approval of those provisions. 

DATES: Comments must be received on 

or before October 3, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2023–0466 at 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1