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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91572-91574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26928]

[[Page 91572]]

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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.

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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 [email protected].

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).3 4 5 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

[[Page 91573]]

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.
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    \1\ See 80 FR 33839 (June 12, 2015).
    \2\ See 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.
    \3\ One 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.''
    \4\ EPA 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.
    \5\ The 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.
    \6\ The 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.
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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 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). 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\
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    \7\ EPA'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.
    \8\ EPA 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).
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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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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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

0
2. In Sec.  52.2220(c), amend Table 2 under the heading ``Division IV--
Emission Standards'' by:
0
a. Adding ``Section 9-12-24 Limits on Emissions due to Malfunctions, 
Startups, and Shutdowns'' to be in numerical order; and
0
b. Revising ``Section 16-87 Limits on Emissions due to Malfunctions, 
Startups, and Shutdowns.''
    The addition and revision read as follows:

Sec.  52.2220   Identification of plan.

* * * * *
    (c) * * *

                             Table 2--EPA Approved Memphis-Shelby County Regulations
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
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                                                  * * * * * * *
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                                     Division IV Source Emissions Standards
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Section 9-12-24..................  Limits on Emissions         2/22/22  11/20/2024, [Insert  With the exception
                                    due to                               first page of        of TAPCR Section
                                    Malfunctions,                        Federal Register     1200-3-20-.03,
                                    Startups &                           citation].           .06(1), (4) and
                                    Shutdowns.                                                (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--Sect
                                                                                              ion 96.02 (locally
                                                                                              effective on
                                                                                              November 23,
                                                                                              2020); City of
                                                                                              Germantown--Sectio
                                                                                              n 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--Sectio
                                                                                              n 20-101 (locally
                                                                                              effective on
                                                                                              October 12, 2020).
 
                                                  * * * * * * *
Section 16-87....................  Limits on Emissions         8/14/89  11/20/2024, [Insert  Only TAPCR Section
                                    due to                               first page of        1200-3-20-.03 with
                                    Malfunctions,                        Federal Register     a State effective
                                    Startups &                           citation].           date of March 21,
                                    Shutdowns.                                                1979, and the
                                                                                              first sentence of
                                                                                              TAPCR Section 1200-
                                                                                              3-20-.07(1) with a
                                                                                              State effective
                                                                                              date of December
                                                                                              14, 1981.
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[FR Doc. 2024-26928 Filed 11-19-24; 8:45 am]
BILLING CODE 6560-50-P
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