Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations 74847 

Name of source Permit No. County 

State 

effective 

date 

EPA 

approval date Additional explanation/§ 52.2063 citation 

*******

Keystone Generating Station.Consent Order 

and Agreement.

Armstrong ... 08/15/23 9/13/2024, [INSERT Federal 

Register CITATION].

For Source IDs 031 and 032: Combined 

SO2 emission limit; CEMS monitoring; 

definition of ‘‘24-hour block’’; Quarterly 

emission reporting requirement; and reporting of hourly SO2 lbs/hr emission 

averages. 

Conemaugh Generating Station.Consent Order 

and Agreement.

Indiana ........ 08/15/23 9/13/2024, [INSERT Federal 

Register CITATION].

For Source IDs 031 and 032: Combined 

SO2 emission limit; CEMS monitoring; 

definition of ‘‘3-hour block’’; Quarterly 

emission reporting requirement; and reporting of hourly SO2 lbs/hr emission 

averages. 

Seward Generating Station.Consent Order 

and Agreement.

Indiana ........ 08/17/23 9/13/2024, [INSERT Federal 

Register CITATION].

For Source IDs 034 and 035: Combined 

SO2 emission limit; CEMS monitoring; 

definition of ‘‘operating day’’; reporting of 

hourly SO2 lbs/hr emission rate; injection 

of limestone during initial firing; and quarterly submission of ‘‘Hourly Injection Reports.’’ 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA 

approval date 

Additional 

explanation 

*******

Attainment Plan for the Indiana, 

Pennsylvania Nonattainment Area 

for the 2010 Sulfur Dioxide Primary National Ambient Air Quality 

Standard.

Indiana County and portions of Armstrong County (Plumcreek Township, South Bend Township, and 

Elderton Borough).

10/12/23 9/13/2024, [INSERT Federal ...........

Register CITATION] ........................

52.2033(g). 

* * * * * 

■ 3. Amend § 52.2033 by adding 

paragraph (g) to read as follows: 

§ 52.2033 Control strategy: Sulfur oxides. 

* * * * * 

(g) EPA approves the Attainment Plan 

for the Indiana, PA Nonattainment Area 

for the 2010 Sulfur Dioxide National 

Ambient Air Quality Standard 

submitted by the Pennsylvania 

Department of Environmental Protection 

on October 12, 2023. EPA approves the 

attainment demonstration and other 

attainment plan elements, including 

Reasonably Available Control 

Technology (RACT)/Reasonably 

Available Control Measures (RACM) 

determination, Reasonable Further 

Progress (RFP) requirements, and 

contingency measures. 

[FR Doc. 2024–20598 Filed 9–12–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 nonelectricity generating units (EGUs) 

subject to the nitrogen oxides (NOX) 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 NOX 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 


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74848 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations 

1See 62 FR 27968 (May 22, 1997). 

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 

larocca.sarah@epa.gov. 

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 NOX monitoring, 

recordkeeping, and reporting 

requirements for large industrial nonEGUs subject to the NOX 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 NOX 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

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: 

• 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 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 


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Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

§ 52.2219 [Removed and Reserved] 

■ 2. Remove and reserve § 52.2219. 

■ 3. In § 52.2220: 

■ 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 

■ b. In paragraph (d), amend the table 

by: 

■ i. Revising the entries for ‘‘Packaging 

Corporation of America—Counce Mill’’, 

and ‘‘Eastman Chemical Company’’ at 

the end of the table; and 

■ ii. Adding an entry for ‘‘Domtar Paper 

Company, LLC’’ at the end of the table. 

The revisions and additions read as 

follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA APPROVED TENNESSEE REGULATIONS

State 

citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Chapter 1200–3–27 Nitrogen Oxides 

*******

Section 1200–3– 

27–.12.

NOX SIP Call Requirements 

for Stationary Boilers and 

Combustion Turbines.

12/12/2019 9/13/2024, [Insert first page of 

Federal Register citation].

Except for 1200–3–27–.12(11), which has a 

state effective date of November 24, 2022. 

The remainder of 1200–3–27–.12 remains 

in the SIP with a state effective date of 

December 12, 2019. 

* * * * * * * 

(d) * * * 

Name of source Permit No. 

State 

effective 

date 

EPA approval date Explanation 

*******

Packaging Corporation of America— 

Counce Mill.

078563 6/10/2021 9/13/2024, [Insert first page of .........

Federal Register citation] ................

Converting February 10, 2023 conditional approval to full approval. 

Eastman Chemical Company ............ 077509 8/11/2021 9/13/2024, [Insert first page of .........

Federal Register citation] ................

Converting March 8, 2023 conditional approval to full approval. 


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74850 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Rules and Regulations 

Name of source Permit No. 

State 

effective 

date 

EPA approval date Explanation 

Domtar Paper Company, LLC ........... 079291 1/12/2022 9/13/2024, [Insert first page of .........

Federal Register citation] ................

* * * * * 

[FR Doc. 2024–20668 Filed 9–12–24; 8:45 am] 

BILLING CODE 6560–50–P 


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