91572 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

1See 80 FR 33839 (June 12, 2015). 2See 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, with this approval adopts 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, since the 

jurisdictions’ regulations/ordinances remain 

substantively identical, EPA will continue to refer 

to the City of Memphis Air Code throughout this 

rulemaking action to represent the regulations/ 

ordinances of Shelby County and the included 

municipalities. 

3One of the intervening changes that EPA is 

approving as part of this rulemaking action 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.’’ 

4EPA is finalizing the incorporation by 

reference—with certain exceptions—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, State-effective version of TAPCR Chapter 

1200–3–20, ‘‘Limits on Emissions Due to 

Malfunctions, Startups, and Shutdowns.’’ EPA is 

also incorporating 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 rulemaking action for evidence of 

adoption into the air codes of Shelby County and 

the included municipalities. 

5The 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. 1200–3–20–.03 was withdrawn 

from Shelby County’s submission. There were no 

substantive changes to 1200–3–20–.05. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0361; FRL–12238– 

02–R4] 

Air Plan Approval; Shelby County, 

Tennessee; Revisions to Startup, 

Shutdown, and Malfunction Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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. This 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. 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’’). EPA is also approving 

the SIP revision’s other changes to the 

affected Chapter, which 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 approving 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: This rule is effective December 

20, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R4–OAR–2023– 

0361. 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 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

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: 

Estelle Bae, Air Permitting Section, 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) 562–9143. Ms. Bae can also be 

reached via electronic mail at 

bae.estelle@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 2, 2022, Tennessee 

transmitted a SIP revision from SCHD in 

response to the SIP call issued in the 

June 12, 2015, action titled ‘‘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’’ (‘‘2015 

SSM SIP Action’’) 1 and requested 

revisions to the Shelby County portion 

of the Tennessee SIP.2 In a notice of 

proposed rulemaking (NPRM) published 

on September 12, 2024, EPA proposed 

to approve the March 2, 2022, SIP 

revision with certain exceptions. 

Specifically, EPA proposed in the 

NPRM to incorporate by reference, with 

certain exceptions, revisions to the City 

of Memphis Air Code Section 9–12–24, 

locally effective on February 22, 2022, 

which itself adopts by reference 

Tennessee Air Pollution Control 

Regulations (TAPCR) Chapter 1200–3– 

20, titled ‘‘Limits on Emissions due to 

Malfunctions, Startups, and 

Shutdowns,’’ as effective on December 

5, 2018, into City of Memphis Air Code 

Section 9–12–24 (formerly Section 16– 

87).345 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. 

Specifically, 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 


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6The June 30, 2023, letter from TDEC is included 

in the docket for this action, as is SCHD’s June 29, 

2023, letter regarding withdrawal of certain 

provisions. 

7EPA’s 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 4, above. 

8EPA is not incorporating 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). 9 62 FR 27968 (May 22, 1997). 

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.6

EPA’s rationale for the approval is 

explained in the September 12, 2024, 

NPRM. See 89 FR 74165. Comments on 

the September 12, 2024, NPRM were 

due on or before October 3, 2024. EPA 

did not receive any comments on the 

September 12, 2024, NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference.7 In 

accordance with the requirements of 1 

CFR 51.5, and as discussed in Section 

I of this preamble, EPA is finalizing the 

incorporation by reference, with certain 

exceptions, of City of Memphis Air 

Code Section 9–12–24 (formerly Section 

16–87), locally effective on February 22, 

2022, which itself adopts by reference 

TAPCR Chapter 1200–3–20, as State 

effective on December 5, 2018, with the 

following exceptions: EPA is not 

incorporating TAPCR Section 1200–3– 

20–.03, 1200–3–20–.06(1), 1200–3–20– 

.06(4), and 1200–.03–20–.06(5).8 These 

revisions are intended, in part, to 

conform Shelby County’s regulations 

with the State of Tennessee’s SIPapproved 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). 

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.9

III. Final Action 

EPA is approving 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 approving 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 approving the addition of Section 

1200–3–20–.08, ‘‘Rights Reserved.’’ EPA 

is also approving the removal of Section 

1200–3–20–.06, ‘‘Scheduled 

Maintenance.’’ 

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. 

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 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 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.’’ 

SCHD 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. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 


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91574 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

quality of the affected area. 

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 EJ 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 January 21, 2025. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 12, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the 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 

■ 2. In § 52.2220(c), amend Table 2 

under the heading ‘‘Division IV— 

Emission Standards’’ by: 

■ a. Adding ‘‘Section 9–12–24 Limits on 

Emissions due to Malfunctions, 

Startups, and Shutdowns’’ to be in 

numerical order; and 

■ b. Revising ‘‘Section 16–87 Limits on 

Emissions due to Malfunctions, 

Startups, and Shutdowns.’’ 

The addition and revision read as 

follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED MEMPHIS-SHELBY COUNTY REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Division IV Source Emissions Standards 

Section 9–12–24 ............... Limits on Emissions due to Malfunctions, Startups & Shutdowns.2/22/22 11/20/2024, [Insert first 

page of Federal Register citation].

With the exception of TAPCR Section 1200–3–20–.03, 

.06(1), (4) and (5). With the same exceptions, 

EPA’s approval includes the corresponding sections 

of the Air Pollution Control Regulations/Ordinances 

for the remaining jurisdictions within Shelby County: 

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); and 

Town of Millington—Section 20–101 (locally effective on October 12, 2020). 

* * * * * * * 

Section 16–87 ................... Limits on Emissions due to Malfunctions, Startups & Shutdowns.8/14/89 11/20/2024, [Insert first 

page of Federal Register citation].

Only TAPCR Section 1200–3–20–.03 with a State effective date of March 21, 1979, and the first sentence of TAPCR Section 1200–3–20–.07(1) with a 

State effective date of December 14, 1981. 

[FR Doc. 2024–26928 Filed 11–19–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2024–0451; FRL–12278– 

01–R4] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action on the authorization of changes 

to Tennessee’s hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended. 

These changes were outlined in a 

December 8, 2023, application to the 

EPA. We have determined that these 

changes satisfy all requirements needed 

for final authorization. 


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