[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57823-57828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15396]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0277; FRL-12065-01-R4]
Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call
Alternative Monitoring and Domtar Paper Company, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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
would specify monitoring, recordkeeping, and reporting requirements for
large industrial non-electricity generating units (EGUs) subject to the
nitrogen oxides (NOX) SIP Call that are permissible as
alternatives to the monitoring, recordkeeping, and reporting
requirements. The SIP revision would also establish source-specific
alternative monitoring, recordkeeping, and reporting requirements under
the NOX SIP Call for Domtar Paper Company, LLC (Domtar).
DATES: Comments must be received on or before August 15, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0277 at www.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 www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, Multi-Air Pollutant
Coordination 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. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also
called the good neighbor provision, States are required to address the
interstate transport of air pollution. Specifically, the good neighbor
provision requires that each State's implementation plan contain
adequate provisions to prohibit air pollutant emissions from within the
State that will significantly contribute to nonattainment of the
national ambient air quality standards (NAAQS), or that will interfere
with maintenance of the NAAQS, in any other State.
On October 27, 1998 (63 FR 57356), EPA finalized the ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone'' (NOX SIP Call). The NOX SIP
Call required Eastern States, including Tennessee, to submit SIPs
limiting emissions of ozone season NOX by implementing
statewide emissions budgets. The NOX SIP Call addressed the
good neighbor provision for the 1979 ozone NAAQS and was designed to
mitigate the impact of transported NOX emissions, one of the
precursors of ozone.\1\ EPA developed the NOX Budget Trading
Program, an allowance trading program that States could adopt to meet
their obligations under the NOX SIP Call. This trading
program allowed the following sources to participate in a regional cap
and trade program: generally, electricity generating units (EGUs) with
capacity greater than 25 megawatts (MW); and large industrial non-EGUs,
such as boilers and combustion turbines, with a rated heat input
greater than 250 million British thermal units per hour (MMBtu/hr). The
NOX SIP Call also identified available cost-effective
emissions reductions from cement kilns and stationary internal
combustion engines in establishing total, statewide emissions budgets,
although EPA suggested that States regulate these sources through
mechanisms other than the trading program.
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\1\ As originally promulgated, the NOX SIP Call also
addressed good neighbor obligations under the 1997 8-hour ozone
NAAQS, but EPA subsequently stayed and later rescinded the rule's
provisions with respect to that standard. See 65 FR 56245 (September
18, 2000); 84 FR 8422 (March 8, 2019).
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To comply with the NOX SIP Call requirements, in 2000
and 2001, TDEC submitted a revision to add new rule sections to the
SIP-approved version of Chapter 1200-3-27, Nitrogen Oxides, of the
Tennessee Rules. EPA approved the revision as compliant with Phase I of
the NOX SIP Call in 2004. See 69 FR 3015 (January 22, 2004).
The approved revision required EGUs and large non-EGUs in the State to
participate in the NOX Budget Trading Program beginning in
2004. In 2005, Tennessee submitted, and EPA approved, a SIP revision to
address additional emissions reductions required for the NOX
SIP Call under Phase II. See 70 FR 76408 (December 27, 2005).
In 2005, EPA published the Clean Air Interstate Rule (CAIR), which
required several Eastern States, including Tennessee, to submit SIPs
that prohibited emissions consistent with revised ozone season
NOX budgets (as well as annual budgets for NOX
and sulfur dioxide). See 70 FR 25162 (May 12, 2005); see also 71 FR
25328 (April 28, 2006). CAIR addressed the good neighbor provision for
the 1997 ozone NAAQS and 1997 fine particulate
[[Page 57824]]
matter (PM2.5) NAAQS and was designed to mitigate the impact
of transported NOX emissions with respect to ozone and
PM2.5. CAIR established several trading programs that States
could join through SIPs or EPA would implement through Federal
implementation plans (FIPs) for EGUs greater than 25 MW in each
affected State; States also retained the option to submit SIPs that
achieved the required emission reductions from other types of
sources.\2\ When the CAIR trading program for ozone season
NOX was implemented beginning in 2009, EPA discontinued
administration of the NOX Budget Trading Program; however,
the requirements of the NOX SIP Call continued to apply. For
large non-EGUs that would have been covered under the NOX
Budget Trading Program, States were allowed, but not obligated, to
achieve the required emissions reductions from these types of units by
including the units in the CAIR trading program for ozone season
NOX.
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\2\ CAIR had separate trading programs for annual sulfur dioxide
(SO2) emissions, seasonal NOX emissions, and
annual NOX emissions.
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On November 25, 2009 (74 FR 61535), EPA approved revisions to
Tennessee's SIP that used the CAIR trading program for ozone season
NOX to address the State's obligations under the
NOX SIP Call related to non-EGUs. Consistent with CAIR's
requirements, EPA approved a SIP revision in which Tennessee
regulations: (1) Terminated its NOX Budget Trading Program
requirements, and (2) adopted State rule provisions modifying certain
provisions of the CAIR FIP applicable to Tennessee to include the
State's non-EGUs that would have been covered by the NOX
Budget Trading Program in the Federal CAIR trading program for ozone
season NOX instead. See 74 FR 61535. In this manner,
participation of EGUs in the CAIR ozone season NOX trading
program pursuant to a FIP addressed the State's obligation under the
NOX SIP Call for those units, and Tennessee also chose to
meet the State's obligations as to non-EGUs subject to the
NOX SIP Call by requiring those units to participate in the
same CAIR trading program pursuant to the SIP.
The United States Court of Appeals for the District of Columbia
Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d 896,
modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling
allowed CAIR to remain in effect temporarily until a replacement rule
consistent with the court's opinion was developed. While EPA worked on
developing a replacement rule, the CAIR program continued to be
implemented, with the NOX annual and ozone season trading
programs beginning in 2009 and the SO2 annual trading
program beginning in 2010.
Following the D.C. Circuit's remand of CAIR, EPA promulgated the
Cross-State Air Pollution Rule (CSAPR) to replace CAIR and address good
neighbor obligations for the 1997 ozone NAAQS, the 1997
PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. See 76 FR
48208 (August 8, 2011). Through FIPs, CSAPR required EGUs in Eastern
States, including Tennessee, to meet annual and ozone season
NOX emission budgets and annual SO2 emission
budgets implemented through new trading programs. Implementation of
CSAPR began on January 1, 2015.\3\ CSAPR also contained provisions that
would sunset CAIR-related obligations on a schedule coordinated with
the implementation of the CSAPR compliance requirements. Participation
by a State's EGUs in the CSAPR trading program for ozone season
NOX generally addressed the State's obligation under the
NOX SIP Call for EGUs. CSAPR did not initially contain
provisions allowing States to incorporate large non-EGUs into that
trading program to meet the requirements of the NOX SIP Call
for non-EGUs. EPA also stopped administering CAIR trading programs with
respect to emissions occurring after December 31, 2014.\4\
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\3\ See 79 FR 71663 (December 3, 2014).
\4\ See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March
14, 2016).
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Through a letter to EPA dated February 27, 2017,\5\ Tennessee
provided a SIP revision to incorporate a new provision--TACPR 1200-03-
27-.12, ``NOX SIP Call Requirements for Stationary Boilers
and Combustion Turbines'' (TN 2017 NOX SIP Call Rule)--into
the SIP. The TN 2017 NOX SIP Call Rule established a State
control program for sources that are subject to the NOX SIP
Call, but not covered under CSAPR or the CSAPR Update (background
regarding the CSAPR Update is provided later in this notice). The TN
2017 NOX SIP Call Rule contains several subsections that
together comprise a non-EGU control program under which Tennessee will
allocate a specified budget of allowances to affected sources.
Subsequently, on May 11, 2018, and October 11, 2018, Tennessee
submitted letters requesting conditional approval \6\ of the TN 2017
NOX SIP Call Rule and committing to provide a SIP revision
to EPA by December 31, 2019, to address a deficiency by revising the
definition of ``affected unit'' to remove the unqualified exclusion for
any unit that serves a generator that produces power for sale. Based on
the State's commitment to submit a SIP revision addressing the
identified deficiency, EPA conditionally approved the February 27,
2017, submission. In the same action, EPA approved removal of the
State's NOX Budget Trading Program and CAIR rules from
Tennessee's SIP. See 84 FR 7998 (March 6, 2019).
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\5\ EPA notes that it received the submittal on February 28,
2017.
\6\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a State to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the State fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval.
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Tennessee submitted a SIP revision on December 19, 2019, which
revised Tennessee Air Pollution Control Regulation (TAPCR) 1200-03-
27-.12, ``NOX SIP Call Requirements for Stationary Boilers
and Combustion Turbines'' to correct the definition of ``affected
unit'' and to clarify requirements related to stationary boilers and
combustion turbines. On March 2, 2021 (86 FR 12092), EPA published a
final rule approving the SIP revision. EPA also converted the
conditional approval of the TN 2017 NOX SIP Call Rule to a
full approval. See EPA's March 2, 2021, final rule (86 FR 12092) for
further detail on these changes and EPA's rationale for approving them.
After litigation that reached the Supreme Court, the D.C. Circuit
generally upheld CSAPR but remanded several State budgets to EPA for
reconsideration. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118,
129-30 (D.C. Cir. 2015). EPA addressed the remanded ozone season
NOX budgets in the Cross-State Air Pollution Rule Update for
the 2008 Ozone NAAQS (CSAPR Update), which also partially addressed
Eastern States' good neighbor obligations for the 2008 ozone NAAQS. See
81 FR 74504 (October 26, 2016). The air quality modeling for the CSAPR
Update demonstrated that Tennessee contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone
NAAQS in other States. The CSAPR Update reestablished an option for
most States to meet their ongoing obligations for non-EGUs under the
NOX SIP Call by including the units in the CSAPR Update
trading program.
[[Page 57825]]
The CSAPR Update trading program replaced the original CSAPR
trading program for ozone season NOX for most covered
States. Tennessee's EGUs participate in the CSAPR Update trading
program, which generally also addresses the State's obligations under
the NOX SIP Call for EGUs. However, Tennessee elected not to
include its large non-EGUs in the CSAPR Update ozone season trading
program. Because Tennessee's large non-EGUs do not participate in any
CSAPR or CSAPR Update trading program for ozone season NOX
emissions, the NOX SIP Call regulations at 40 CFR
51.121(r)(2), as well as anti-backsliding provisions at 40 CFR
51.905(f) and 40 CFR 51.1105(e), require these non-EGUs to maintain
compliance with NOX SIP Call requirements in some other way.
Under 40 CFR 51.121(f)(2) of the NOX SIP Call
regulations, where a State's implementation plan contains control
measures for EGUs and large non-EGU boilers and combustion turbines,
the SIP must contain enforceable limits on the ozone season
NOX emissions from these sources that ensure compliance with
the State's budget. In addition, under 40 CFR 51.121(i)(4) of the
NOX SIP Call regulations as originally promulgated, the SIP
also had to require these sources to monitor emissions according to the
provisions of 40 CFR part 75, which generally entails the use of
continuous emission monitoring systems. Tennessee triggered these
requirements by including control measures in its SIP for these types
of sources.
On March 8, 2019, EPA revised some of the regulations that were
originally promulgated in 1998 to implement the NOX SIP
Call.\7\ The revision gave States covered by the NOX SIP
Call greater flexibility concerning the form of the NOX
emissions monitoring requirements that the States must include in their
SIPs for certain emissions sources. The revision amended 40 CFR
51.121(i)(4) to make part 75 monitoring, recordkeeping, and reporting
optional, such that SIPs may establish alternative monitoring
requirements for NOX SIP Call budget units that meet the
general requirements of 40 CFR 51.121(f)(1) and (i)(1). Under the
updated provision, a State's implementation plan still needs to include
some form of emissions monitoring requirements for these types of
sources, consistent with the NOX SIP Call's general
enforceability and monitoring requirements at 40 CFR 51.121(f)(1) and
(i)(1), respectively, but States are no longer required to satisfy
these general NOX SIP Call requirements specifically through
the adoption of 40 CFR part 75 monitoring requirements.
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\7\ See ``Emissions Monitoring Provisions in State
Implementation Plans Required Under the NOX SIP Call,''
84 FR 8422 (March 8, 2019).
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II. Why is EPA proposing this action?
TDEC's June 26, 2023, submission requests that EPA approve into
Tennessee's SIP TAPCR 1200-03-27-.12(11), which became effective as a
matter of State law (hereinafter, ``State effective'') on November 24,
2022, to specify alternative NOX monitoring, recordkeeping,
and reporting requirements for large industrial non-EGUs 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 also
includes a demonstration under 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. As discussed later, EPA has reviewed
these changes, finds them consistent with the CAA and regulations
governing the NOX SIP Call, and is proposing to approve the
revision to incorporate the revisions to TAPCR 1200-03-27-.12(11) and
Tennessee Air Pollution Control Board operating permit No. 079291 for
Domtar into the State's implementation plan. Adopting TAPCR 1200-03-
27-.12(11) into Tennessee's SIP would also allow EPA to convert
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 approval.
III. Analysis of Tennessee's Submission
A. TAPCR 1200-03-27-.12(11)
On June 26, 2023, TDEC submitted a SIP revision with changes to
TAPCR 1200-03-27-.12(11) to modify monitoring, recordkeeping, and
reporting requirements for large industrial non-EGUs subject to the
NOX SIP Call. The version of TAPCR 1200-03-27-.12(11) that
is currently approved in Tennessee's SIP requires non-EGUs subject to
the NOX SIP Call to ``comply with the applicable monitoring,
recordkeeping, and reporting requirements provided in 40 CFR part 75
for each control period.'' TAPCR 1200-03-27-.12(11)(b) within
Tennessee's current SIP-approved rule restates the part 75 provision at
40 CFR 75.70(h)(3) that allows a source subject to part 75 to petition
TDEC and EPA to authorize alternatives to individual part 75
monitoring, recordkeeping, or reporting requirements, but the current
rule does not authorize approval of any alternative to the requirements
of 40 CFR part 75 in their entirety. In previous actions cited in
section II of this document, EPA conditionally approved source-specific
alternative, recordkeeping, and reporting requirements for two
Tennessee sources for purposes of the NOX SIP Call, subject
to TDEC's commitment to modify the provisions of TAPCR 1200-03-
27-.12(11) to specify permissible alternative monitoring,
recordkeeping, and reporting requirements for large industrial non-
EGUs. The amended version of TAPCR 1200-03-27-.12(11) included in the
June 26, 2023, SIP revision is intended to satisfy this commitment.
In its submittal, TDEC proposes to replace all text in paragraph
(11), Monitoring and Reporting, of TAPCR 1200-03-27-.12 with new text
establishing monitoring, recordkeeping, and reporting for large
industrial non-EGUs subject to the NOX SIP Call. Under this
revised text, as a default, affected units would be required to use the
``monitoring, recordkeeping, and reporting requirements set out in 40
CFR part 75 Subpart H,'' as under the current rule. This methodology
generally requires the use of a suite of continuous emission monitoring
systems (CEMS), with several alternate options for sources that meet
certain qualification requirements and contains detailed recordkeeping
and reporting requirements.\8\
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\8\ In October 1998, EPA added Subpart H to part 75, which
provided a blueprint for the monitoring and reporting of
NOX mass emissions and heat input under a State or
Federal NOX emissions reduction program. Subpart H was
first adopted as the required monitoring methodology for
NOX mass emissions and heat input under the
NOX Budget Trading Program, discussed above.
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Apart from this default methodology, sources would also be
authorized to use alternative methodologies specified in TAPCR 1200-03-
27-.12(11)(a). The first alternative is the methodology in 40 CFR 60
subpart D to determine the NOX emission rate in lb/MMBtu,
multiplied by measured fuel consumption in MMBtu to determine
NOX mass emissions. Pursuant to 40 CFR 60.45(a), this
methodology requires that the NOX emission rate would be
calculated from
[[Page 57826]]
part 60 CEMS measurements using Method 19 in appendix A to 40 CFR part
60.
The second alternative is the methodology in 40 CFR 60 subpart Db
to determine NOX emission rate in lb/MMBtu, multiplied by
measured fuel consumption in MMBtu to determine NOX mass
emissions. This methodology likewise requires use of CEMS measurements
to calculate NOX emission rate using method 19 in appendix A
to 40 CFR part 60.
The third alternative allows for an alternative monitoring method
separately approved by EPA through a revision to Tennessee's SIP.
Although the revised version of TAPCR 1200-03-27-.12(11)(a) allows for
an alternative methodology approved by EPA into Tennessee's SIP as one
of the three ``approved'' alternate monitoring methods, this
methodology will not be discussed further in this Notice because it
requires an entirely separate SIP revision approved by EPA.
Under the revised version of TAPCR 1200-03-27-.12(11)(a), any of
the approved alternatives to the default methodology would become
effective only upon incorporation into a federally enforceable
construction or operating permit. Therefore, revised TAPCR 1200-03-
27-.12(11)(c) also requires a source seeking to use either of the 40
CFR part 60 alternatives described above to submit a permit application
to TDEC that includes ``a description of the overall monitoring program
for conducting continuous in-stack monitoring for NOX
emissions.'' ``To be approvable, the program must address'' items such
as technical instrument specifications, location of monitoring
instruments in the effluent gas stream, quality assurance procedures,
and other items to allow TDEC to confirm that any application, if
approved, would comply with the requirements of 40 CFR part 60, subpart
D or 40 CFR part 60, subpart Db.
Additionally, the revised version of TAPCR 1200-03-27-.12(11)
requires sources subject to this rule that use an alternative
monitoring method to calculate NOX mass emissions (in tons)
for each control period and report the total to the Technical Secretary
no later than December 31 following the end of the control period, with
the Technical Secretary reporting the total to EPA no later than
January 31 following the end of each control period.
Section 110(l) of the CAA prohibits EPA from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the CAA. In its submittal, TDEC includes a
demonstration in accordance with section 110(l) of the CAA that the
proposed revision would not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the CAA. Tennessee's demonstration concludes
that the proposed changes are compliant with section 110(l) of the CAA
because: (1) Tennessee's review of all non-EGUs subject to the
NOX SIP Call demonstrates that NOX emissions for
the collection of affected facilities are well below the State's
NOX budget for the facilities under TAPCR 1200-03-27-.12(5)
of 5,666 tons (for example, the facilities' emissions during the 2019
ozone season were approximately 33% of this NOX budget); and
(2) the alternative monitoring requirements would be permanent,
enforceable, and sufficient to determine whether the sources are in
compliance with the NOX SIP Call emissions requirements. EPA
is proposing to agree with Tennessee's rationale summarized above and
the conclusion that the proposed revision satisfies CAA section 110(l).
In order to address the requirements of the NOX SIP Call
for sources that are not covered under a CSAPR trading program for
ozone season NOX emissions, SIP revisions must provide for
enforceable emissions limitations and require emissions monitoring
consistent with the NOX SIP Call's general enforceability
and monitoring requirements.\9\ See 40 CFR 51.121(f)(2). EPA is
proposing to find that with the amendments to TAPCR 1200-03-27-.12(11)
included in TDEC's June 26, 2023, submittal, TAPCR 1200-03-27-.12
continues to meet the requirements in 40 CFR 51.121(f)(2) and all other
requirements of the CAA, including 40 CFR 51.121(i)(1) and (4). Thus,
EPA is proposing to approve the amendments to TAPCR 1200-03-27-.12(11),
state effective November 24, 2022,\10\ pursuant to CAA section
110(k)(3).
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\9\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
\10\ On November 16, 2023, TDEC emailed EPA an addendum to its
SIP submittal containing the signed version of TAPCR 1200-03-
27-.12(11), State effective November 24, 2022. TDEC's original June
26, 2023, SIP submittal to EPA previously included only an unsigned
version of this rule. TDEC's November 16, 2023, email to EPA, and
the signed version of TAPCR 1200-03-27-.12(11), State effective
November 24, 2022, are contained in the regulatory docket for this
Notice.
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B. Domtar Paper Company, LLC
On August 13, 2021, Domtar submitted a petition to TDEC requesting
approval of alternative monitoring, recordkeeping, and reporting
requirements for the boiler subject to the NOX SIP Call (No.
2 Power Boiler) at Domtar's Kingsport Mill. That petition resulted in
TDEC's issuance of operating permit No. 079291 to Domtar, State
effective on January 12, 2022, to address NOX SIP Call
requirements and to adopt an alternative monitoring option (along with
corresponding recordkeeping and reporting requirements) for this large
non-EGU. This permit has been submitted by TDEC for approval into
Tennessee's SIP. The permit conditions within this permit are
consistent with the flexibility provided to States in the EPA's March
8, 2019 (84 FR 8422) rulemaking concerning the form of the
NOX emissions monitoring requirements that the States must
include in their SIPs for certain emissions sources, such as Domtar, to
comply with the NOX SIP Call, as required at 40 CFR
51.121(i)(4).\11\
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\11\ TDEC previously included the Domtar permit in a January 20,
2022, SIP submittal. At that time TDEC had not yet submitted the
modifications to TAPCR 1200-03-27-.12(11) discussed in section III.A
of this document, and in the absence of those rule revisions, EPA
proposed to conditionally approve the permit into the SIP. See 88 FR
13394 (March 3, 2023). TDEC subsequently withdrew the January 20,
2022, SIP submittal and instead included the permit in the June 26,
2023, SIP submittal together with the modifications to TAPCR 1200-
03-27-.12(11).
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Specifically, operating permit Condition 1 provides that this
source's compliance with Tennessee's rules implementing the
NOX SIP Call is met through compliance with operating permit
Conditions 2 through 5. Operating permit Condition 2 provides that
Domtar may demonstrate compliance with Tennessee Rule 1200-03-27-.12 by
monitoring NOX emissions from the No. 2 Power Boiler using
the monitoring methodologies for NOX emission rate set forth
in 40 CFR part 60, appendix B, in combination with monitoring of heat
input. Specifically, Performance Specification 2 within 40 CFR part 60,
appendix B would apply. This Performance Specification provides
detailed specifications and test procedures for NOX CEMS in
stationary sources, including procedures for measuring CEMS relative
accuracy and calibration drift, CEMS installation and measurement
location specifications, equipment specifications, performance
specifications, and data reduction procedures.
Operating permit Condition 3 requires that Domtar submit a program
for conducting continuous in-stack monitoring for NOX mass
emissions for approval by TDEC in accordance with the requirements of
40 CFR part 60, appendix B. To be approvable by TDEC, the program shall
address the following:
[[Page 57827]]
(a) A description of the overall monitoring program;
(b) Specifications demonstrating that the proposed monitoring
instruments will meet the requirements of 40 CFR part 60, appendix B;
(c) Specifications for the proposed fuel flow meter and a
discussion of how the fuel Btu content will be determined;
(d) Proposed location(s) of the monitoring instruments on the
boiler effluent gas stream;
(e) Proposed procedures for conducting performance specification
testing of the monitoring instruments in units of the applicable
standard (i.e., NOX mass emissions);
(f) Proposed ongoing monitoring instrument quality assurance
procedures (40 CFR part 60, appendix F or approved alternative);
(g) Procedures for addressing missing data (40 CFR part 75,
appendix C, appendix F or approved alternative); and
(h) Proposed format for the reporting of data.
Condition 3 will allow TDEC to assess the technical aspects of the
monitors that the source would be installing to ensure compliance with
40 CFR 60, appendix B.
Operating permit Condition 4 requires Domtar to calculate
NOX mass emissions (in tons) for each control period and
report the total to TDEC no later than December 31 following the end of
the control period. Further, Condition 4 requires that NOX
emission rates shall be calculated from continuous emissions monitoring
system (CEMS) measurements using Method 19 in appendix A-7 to 40 CFR
part 60.
Operating permit Condition 5 requires Domtar to maintain records of
all measurements; all continuous monitoring system performance
evaluations; all continuous monitoring system or monitoring device
calibration checks; adjustments and maintenance performed on these
systems or devices; and all other information required by this part
recorded in a permanent form suitable for inspection. These records
shall be retained for at least five years following the end of the
control period in which such measurements, maintenance, reports, and
records were collected.
In its submittal, TDEC includes a demonstration in accordance with
section 110(l) of the CAA that the proposed source-specific SIP
revision for Domtar would not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the CAA. Tennessee's demonstration explains
that the proposed changes are compliant with section 110(l) of the CAA
because: (1) As a newly constructed affected unit, TDEC calculated
pursuant to the SIP-approved version of TAPCR 1200-03-27-.12(6) that
the NOX allowance allocation for the No. 2 Power Boiler
would be 160 tons per control period based on construction permit No.
978656, Condition S2-4.F (establishing NOX emission limit of
0.10 lb/MMBtu), which would be 2.8 percent of Tennessee's
NOX budget of 5,666 tons; (2) revising the monitoring method
will not increase NOX emissions; (3) Tennessee's review of
all non-EGUs subject to the NOX SIP Call demonstrates that
NOX emissions for the collection of affected facilities are
well below the State's NOX budget; and (4) the alternative
monitoring requirements would be permanent, enforceable, and sufficient
to determine whether the source is in compliance with the
NOX SIP Call emissions requirements. EPA preliminarily
agrees with Tennessee's rationale summarized above and the conclusion
that the proposed revision would not interfere with any applicable
requirement concerning attainment and reasonable further progress, or
any other applicable requirement of the CAA.
In order to address the requirements of the NOX SIP Call
for sources that are not covered under a CSAPR trading program for
ozone season NOX emissions, SIP revisions must provide for
enforceable emissions limitations and require emissions monitoring
consistent with the NOX SIP Call's general enforceability
and monitoring requirements. EPA is proposing to find that TDEC's
submittal meets these requirements and all other applicable
requirements of the CAA, including 40 CFR 51.121(i)(1) and (4). Thus,
EPA is proposing to approve TDEC operating permit No. 079291, State
effective on January 12, 2022, into Tennessee's SIP pursuant to CAA
section 110(k)(3).
IV. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. 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 TAPCR 1200-03-27-.12(11), State effective on November 24,
2022, into Tennessee's SIP. EPA is also proposing to incorporate by
reference Tennessee Air Pollution Control Board operating permit No.
079291 for Domtar, State effective on January 12, 2022. 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).
V. Proposed Action
EPA is proposing to approve TAPCR 1200-03-27-.12(11), State
effective November 24, 2022, and Tennessee Air Pollution Control Board
operating permit No. 079291 for Domtar, State effective on January 12,
2022, for incorporation into the Tennessee SIP. These changes were
submitted by Tennessee on June 26, 2023.
VI. 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
proposed action merely proposes to approve 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
[[Page 57828]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the Clean Air Act.
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.''
TDEC did not evaluate environmental justice 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 environmental justice
for people of color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 9, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-15396 Filed 7-15-24; 8:45 am]
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