[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Proposed Rules]
[Pages 56407-56410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21553]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0171; FRL-10000-73-Region 4]


Air Plan Approval; Tennessee: Knox County Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several Tennessee State Implementation Plan (SIP) revisions 
submitted by the Tennessee Department of Environment and Conservation 
(TDEC), on behalf of Knox County's Air Quality Management Division by a 
letter dated May 24, 2018. The submissions revise four sections of Knox 
County's Air Quality Management Regulations covering definitions, 
opening burning, permits and emissions reporting requirements. These 
actions are being proposed pursuant to the Clean Air Act (CAA or Act).

DATES: Comments must be received on or before November 21, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0171 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. The telephone number is 
(404) 562-8726. Mr. Wong can also be reached via electronic mail at 
wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In letter dated May 24, 2018, TDEC submitted SIP revision to EPA 
for approval into the Knox County portion

[[Page 56408]]

of the Tennessee SIP.\1\ Specifically, the May 24, 2018, SIP revision 
includes changes to the following Knox County SIP-approved regulations: 
Section 13.0--``Definitions,'' Section 16.0--``Open Burning,'' Section 
25.11--``Limiting a Source's Potential to Emit of VOC by 
Recordkeeping,'' and Section 26--``Monitoring, Recording, and 
Reporting.'' These revisions are intended, in part, to conform Knox 
County's regulations with the State of Tennessee's SIP-approved 
regulations. EPA is proposing to approve the aforementioned changes to 
the SIP. Additional detail on the analysis of the SIP submittal and our 
reasoning for proposing to approve the revisions are presented below.
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    \1\ EPA notes that the Agency received the SIP revision on May 
29, 2018.
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II. Analysis of Tennessee's Submittal

A. Section 13--``Definitions''

    The SIP revision includes the following changes to Section 13--
Definitions: \2\
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    \2\ See the May 24, 2018 SIP revisions for full regulatory text. 
The SIP revisions are located in the docket for these proposed 
actions.
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     ``Air Containment Source''--Under the revised definition, 
``Air Contaminant Source'' means ``any and all sources of emissions of 
air contaminants, whether privately or publicly owned or operated.'' 
The definition was revised by removing the phrases ``into the outdoor 
atmosphere'' and ``including stationary and mobile sources'' from this 
sentence. The submission also revises the list of sources that are 
included in the definition by changing the term ``residences'' to 
``multiple family residences;'' adding ``piles'' and ``all stack and 
other chimney outlets;'' and removing ``salvage operations.'' \3\ 
Additionally, the revision exempts from this definition certain motor 
vehicles manufactured prior to enactment of national vehicle emissions 
standards. These older vehicles were never subject to any state or 
local regulation concerning emission controls and the change will not 
affect the way mobile source emissions for the on-road source category 
are accounted for in air quality modeling. Overall, the revisions 
conform the Knox County definition to the definition in Tennessee's 
SIP-approved rules and will not change the regulatory status of any 
sources under the rules.
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    \3\ The definition provides that the list of source categories 
specifically identified as included under this definition does not 
limit the generality of the term ``Air Contaminant Source,'' as 
defined in the first sentence.
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     ``Air Curtain Destructor''--The term ``Air Curtain 
Destructor'' is revised to ``Air Curtain Destructor or Air Curtain 
Incinerator.'' The definition is revised to conform to the definition 
for such devices in the County's SIP-approved regulations for ``Open 
Burning'' at Section 16.2. Among other changes, the revision provides 
that portable or stationary combustion devices are specifically 
covered.
     ``Continuous Monitoring''--The SIP revision adds the term 
``ambient'' to the definition to clarify the meaning of 
``concentration'' as used. Thus, under the revised definition, 
``Continuous Monitoring'' means ``the sampling and analysis of air 
contaminants in a continuous or timed sequence, using techniques which 
will adequately reflect actual emissions levels or ambient 
concentrations on a continuous basis.''
     ``Emissions''--The SIP revision changes the defined term 
to ``Emission,'' removes ``air contaminant into the outdoor 
atmosphere'' and replaces it with ``material to the ambient air'' to 
clarify the definition. Thus, under the revised definition, 
```Emission' shall mean the release of material to the ambient air.''
     ``Equivalent Method''--The revision adds more details and 
stipulations to the definition to require that the equivalent method 
must have a ``quantitatively known'' relationship to a reference method 
``under specific conditions.'' Under the revised definition, 
``equivalent method'' can also include any method so designated by the 
County's regulations, but the Knox County portion of the Tennessee SIP 
under Section ``27.2 Source Sampling and Analysis'' provides that 
``[a]ny equivalent or alternative methods must first be approved by the 
EPA Administrator.'' Therefore, under the SIP, equivalent methods may 
only be used upon approval by EPA.
     ``Hazardous Air Containment''--The revision corrects a 
typographical error.
     ``Incinerator''--The definition describes the types of 
devices, equipment, or contrivances that are considered incinerators 
and is modified to remove ``combustion device'' and a modifier that 
limited incinerators to such devices ``specifically designed for 
destruction by burning of solid, semi-solid, liquid, or gaseous 
combustible [waste].'' As revised, incinerator means ``any equipment, 
device, or contrivance used for disposal of waste or refuse by burning, 
including air curtain destructors and air curtain incinerators.'' The 
definition is revised to conform to Tennessee's SIP-approved 
definition.
     ``Malfunction''--The revision corrects a typographical 
error.
     ``Modification''--The revision expands the burden of proof 
required of an owner or operator to establish that a change is excepted 
from the definition of modification and thereby does not require a 
construction permit to include paragraphs E and F. Paragraph E refers 
to operational flexibility, and minor permit modifications for major 
sources subject to title V permitting. Paragraph F refers to certain 
changes that do not result in emissions exceeding allowable levels or 
in the emission of any new air contaminant, and are not subject to Part 
C or D NSR. Previously, the burden of proof requirement for the owner 
or operator only extended to routine maintenance, repair, and 
replacement changes, and certain other changes such as increased 
production rate or hours of operation, the use of alternative fuels. 
The revision also makes typographical corrections to the definition.
     ``Opacity''--The SIP revision includes several changes to 
the definition, including removing reference to the Ringelmann number 
\4\ and removing an exclusion from obscuration of vision from 
uncombined water droplets. The changes align with the federal 
definition found in 40 CFR 60, ``Standards of Performance for New 
Stationary Sources'' (40 CFR 60.2).
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    \4\ The Ringelmann number is an early method used to observe 
smoke evaluation from point source stacks. This was a previously 
accepted approach to determine opacity levels which is now replaced 
by EPA Methods 9 and 22.
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     ``Open Burning''--The definition is revising the term to 
``mean the burning of any matter under such conditions that products of 
combustion are emitted directly into the atmosphere without passing 
through any stack.'' Previously, the term meant ``the unconfined 
burning of combustible material where no equipment has been provided or 
used for the control of air for combustion.''
     ``Particulate Matter''--The definition is modified to 
remove language stating that the material is considered particulate 
matter only ``at standard conditions.'' Under this changed definition, 
emissions would be considered particulate matter without consideration 
of specific ambient temperature and pressure conditions, which is 
consistent with EPA's definition of particulate matter at 40 CFR 60.2.
     ``PM10 Emissions''--The definition is revised 
by stating that these emissions are ``as measured by an applicable 
reference method, or equivalent or alternative method, specified by the

[[Page 56409]]

regulations, or a test method specified in these regulations.'' The 
changes also correct a typographical error. The changes are consistent 
with EPA's federal regulations pertaining to ``PM10 
emissions'' at 40 CFR 50.6 and 60.2.
     ``Process Emissions''--The SIP revision excludes wigwam 
burners from the definition, changes the term ``outdoor atmosphere'' to 
``ambient air,'' and makes typographical changes. The County has 
historically considered wigwam burners as a type of ``open burning'' 
and, thus, have never classified the burners as ``process emissions.'' 
Excluding wigwam burners from the definition of ``Process Emissions'' 
does not exempt the burners from the Knox County opacity requirements 
and any visible emissions from these burners would remain subject to 
the 20 percent opacity limit specified in Section ``17.0 Regulation of 
Visible Emissions.''
     ``Process Weight''--The term applies to the weight of 
materials added to a process that may cause emissions. The SIP revision 
changes the description of the type of emissions from ``air 
contaminants'' to ``particulate matter.'' This revision does not impact 
the regulation of process emissions because the term ``Process Weight'' 
as used in the applicable emissions standards in Section 19--Regulation 
of Process Emissions is specific to particulate matter.
     ``Suspended Particulates''--The definition is revised to 
change language describing the suspended particles as particulate 
matter which ``will'' remain suspended in air for an appreciable amount 
of time rather than those that ``may tend to'' remain suspended in air. 
The defined term, ``Suspended Particulates'' is a subset of the term 
Total Suspended Particulates (TSP). Knox County defines TSP as 
particulate matter as measured by the method described in Appendix B, 
40 CFR 50. Historically, EPA regulated TSP through a National Ambient 
Air Quality Standard but replaced TSP as an indicator for particulate 
matter with PM10 in 1987. See 52 FR 24634 (July1, 1987). As 
indicated in the definition of TSP, the revision to the term 
``Suspended Particulates'' will not change the methodology used to 
measure such emissions and therefore will not change the suspended 
particulate measured by the Division.
    Additionally, the SIP revision includes the addition of the 
following definitions to the Knox County portion of the SIP: 
``Alternative Method,'' \5\ ``Continuous Emission Monitor,'' 
``Isokinetic Sampling,'' ``Nonattainment Area,'' ``Particulate Matter 
Emissions,'' ``Part Per Billion (ppb),'' ``Parts Per Million (ppm),'' 
``Political Subdivision,'' ``Portland Cement Plant,'' ``Proportional 
Sampling,'' ``Standard,'' ``Volatile Organic Compounds (VOC),'' and 
``Wigwam Burner.'' \6\
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    \5\ The Knox County portion of the TN SIP already contemplates 
the use of ``alternative methods'' under Section ``27.2 Source 
Sampling and Analysis'' where it states that ``Any equivalent or 
alternative methods must first be approved by the EPA 
Administrator.'' Therefore, under the SIP, alternative methods may 
only be used upon approval by EPA.
    \6\ See the May 24, 2018 SIP revisions for the full text of 
these new definitions.
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    The revisions and additions to the definitions in Section 13 align 
with the SIP-approved Tennessee rules, and where applicable, federal 
definitions. The changes also provide clarity to terms referenced in 
Knox County Air Quality Management Regulations and permits.
    EPA has reviewed the aforementioned changes to Knox County's 
Section 13--Definitions and proposes to approve the changes into the 
SIP. These changes are not expected to interfere with any applicable 
requirement of the SIP concerning attainment and reasonable further 
progress, or any other applicable requirement under the CAA.

B. Section 16--``Open Burning''

    The SIP revision includes a change to the definition of open 
burning in Section 16.2 to align with the revised definition of that 
term in Section 13 as discussed above. The change revises the 
definition to mean ``burning of any matter under such conditions that 
products of combustion are emitted directly into the open atmosphere 
without passing directly through a stack.'' All applicable requirements 
for open burning remain unchanged and are found in Section 16--Open 
Burning. Therefore, EPA proposes to approve the change into the SIP.

C. Section 25.11--``Limiting a Source's Potential to Emit of VOC by 
Recordkeeping''

    The revision at Section 25.11-B.1.d amends the frequency for 
submitting emission logs to Knox County for volatile organic compound 
(VOC) and individual hazardous air pollutants from a monthly to a semi-
annual requirement for sources limiting potential VOC emissions in 
accordance with Section 25.11. Sources are still required to maintain 
records in accordance with Section 25.11, including a 12-month rolling 
emissions log, and are also required to provide notification to Knox 
County within one week of any emissions exceedance. This revision 
aligns with the approach for title V major sources, including reports 
of excess emissions. In 1999, EPA issued a rulemaking that reduced the 
required reporting frequency under the General Provisions for 40 CFR 
parts 60, 61, and 63 from quarterly to semiannually. See 
``Recordkeeping and Reporting Burden Reduction,'' 64 FR 7458 (February 
12, 1999). EPA noted in its action that semiannual reporting ``provides 
sufficiently timely information to both ensure compliance and enable 
adequate enforcement of applicable requirements.'' Id. Also, changing 
the frequency of reporting does not change the underlying applicable 
requirements or emissions limitations. Therefore, EPA proposes to 
approve the change in frequency of applicable reporting requirements 
into the SIP because EPA believes the reporting frequency is sufficient 
to ensure compliance and adequate enforcement.

D. Section 26--``Monitoring, Recording, and Reporting''

    Knox County is adding a new regulation at Section 26.7--Emission 
Inventory Requirements. The rule requires stationary sources meeting 
the emission thresholds established in the Air Emissions Reporting 
Requirements (AERR) at 40 CFR 51, subpart A, to submit emissions 
inventory reports to the Division by June of each year. The AERR, set 
forth at 40 CFR part 51, subpart A, requires states to report to EPA an 
emission inventory of criteria air pollutants and precursors for all 
point sources, mobile sources, and nonpoint sources within the state. 
The requirements for reporting of point source emissions are outlined 
in Appendix A to 40 CFR part 51, subpart A, which sets an annual or 
triennial reporting period based on thresholds of potential to emit.
    This AERR reporting requirements and schedules, promulgated 
December 17, 2008 (73 FR 76539), replaced the Consolidated Emissions 
Reporting Requirements (CERR) established on June 10, 2002 (67 FR 
39602). The CERR replaced prior reporting requirements under 40 CFR 
part 51, subpart Q. It expanded the pollutants covered and geographic 
areas reporting, and served as the basis for data collection in the 
EIS, which is used to develop the national emissions inventory. The 
AERR rulemaking was promulgated in an effort to harmonize various 
reporting requirements for the states, including those previously 
established with the CERR, additional reporting required for ozone and 
carbon monoxide

[[Page 56410]]

nonattainment areas, and reporting requirements under the oxides of 
nitrogen (NOX) SIP Call. The AERR was later revised on 
February 19, 2015, to make those reporting requirements for 
nonattainment areas and the NOX SIP Call optional under 40 
CFR part 51, subpart A, among other changes. See 80 FR 8787.
    The revision aligns with federal regulations, and EPA proposes to 
approve the addition of the rule into the SIP.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Knox County's Air Quality Management Regulations, Section 
13.0--``Definitions,'' state effective January 24, 2018; Section 16.0--
``Open Burning,'' state effective January 24, 2018; Section 25.11--
``Limiting a Source's Potential to Emit of VOC by Recordkeeping,'' 
state effective October 18, 2017; and Section 26.0--``Monitoring, 
Recording, and Reporting,'' state effective October 18, 2017. 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).

IV. Proposed Action

    EPA is proposing to approve the aforementioned changes to the Knox 
County portion of the Tennessee SIP because they are consistent with 
the CAA. EPA is proposing to approve the revisions presented in the May 
24, 2018, SIP submittals that make changes to Knox County's Air Quality 
Management Regulations, Section 13.0--``Definitions,'' Section 16.0--
``Open Burning,'' Section 25.11--``Limiting a Source's Potential to 
Emit of VOC by Recordkeeping,'' and Section 26--``Monitoring, 
Recording, and Reporting.''

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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. These proposed actions 
merely propose to approve state law as meeting Federal requirements and 
would not impose additional requirements beyond those imposed by state 
law. For that reason, these proposed actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: September 23, 2019.
 Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-21553 Filed 10-21-19; 8:45 am]
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