[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Proposed Rules]
[Pages 54080-54086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0203; FRL-10000-75-Region 4]


Air Quality Plans; Tennessee; Infrastructure Requirements for the 
2015 8-Hour Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State Implementation Plan (SIP) submission, provided by the 
State of Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), through a letter dated September 13, 2018, for 
inclusion into the Tennessee SIP. This proposal pertains to the 
infrastructure requirements of the Clean Air Act (CAA or Act) for the 
2015 8-hour ozone national ambient air quality standard (NAAQS). 
Whenever EPA promulgates a new or revised NAAQS, the CAA requires that 
each state adopt and submit a SIP for the implementation, maintenance, 
and enforcement of each NAAQS promulgated by EPA. TDEC certified that 
the Tennessee SIP contains provisions that ensure the 2015 8-hour ozone 
NAAQS is implemented, enforced, and maintained in Tennessee. EPA is 
proposing to determine that portions of Tennessee's SIP submission 
satisfy certain required infrastructure elements for the 2015 8-hour 
ozone NAAQS.

DATES: Written comments must be received on or before November 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0203 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: Tiereny Bell, 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, 30303-8960. Ms. Bell can be reached via 
electronic mail at bell.tiereny@epa.gov or via telephone at (404) 562-
9088.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    On October 1, 2015 (published October 26, 2015, see 80 FR 65292), 
EPA promulgated a revised primary and secondary NAAQS for ozone 
revising the 8-hour ozone NAAQS from 0.075 parts per million to a new 
more protective level of 0.070 ppm. Pursuant to section 110(a)(1) of 
the CAA, states are required to submit SIP revisions meeting the 
applicable requirements of section 110(a)(2) within three years after 
promulgation of a new or revised NAAQS or within such shorter period as 
EPA may prescribe. Section 110(a)(2) requires states to address basic 
SIP elements such as requirements for monitoring, basic program 
requirements, and legal authority that are designed to assure 
attainment and maintenance of the NAAQS. This particular type of SIP is 
commonly referred to as an ``infrastructure SIP.'' States were required 
to submit such SIPs for the 2015 8-hour ozone NAAQS to EPA no later 
than October 1, 2018.\1\
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    \1\ In these infrastructure SIP submissions, states generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2).

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[[Page 54081]]

    This action is proposing to approve Tennessee's September 13, 
2018,\2\ revision submitted to EPA through TDEC for the applicable 
infrastructure SIP requirements of the 2015 8-hour ozone NAAQS, with 
the exception of the interstate transport provisions of section 
110(a)(2)(D)(i)(I) pertaining to contribution to nonattainment or 
interference with maintenance in other states, and the prevention of 
significant deterioration (PSD) provisions related to major sources 
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J). 
With respect to the interstate transport provisions of section 
110(a)(2)(D)(i)(I) and the PSD provisions related to major sources 
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J), EPA 
will address these in separate rulemaking actions.
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    \2\ The September 13, 2018, SIP submission submitted by TDEC was 
received by EPA on September 17, 2018.
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II. What elements are required under Sections 110(a)(1) and 110(a)(2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains.\3\
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    \3\ Throughout this rulemaking, unless otherwise indicated, the 
term ``Tennessee Air Pollution Control Regulations'' or 
``Regulation'' indicates that the cited regulation has been approved 
into Tennessee's federally-approved SIP. The term ``Tennessee 
Annotated Code'', or ``TCA'', indicates cited Tennessee state 
statutes, which are not a part of the SIP unless otherwise 
indicated.
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    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned above, these 
requirements include basic SIP elements such as requirements for 
monitoring, basic program requirements, and legal authority that are 
designed to assure attainment and maintenance of the NAAQS. The 
requirements of section 110(a)(2) are summarized in section IV, below, 
and in EPA's September 13, 2013, memorandum entitled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements under Clean Air 
Act Sections 110(a)(1) and 110(a)(2).'' \4\
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    \4\ Two elements identified in section 110(a)(2) are not 
governed by the three-year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather are due at the time the nonattainment 
area plan requirements are due pursuant to section 172. These 
elements are: (1) Submissions required by section 110(a)(2)(C) to 
the extent that subsection refers to a permit program as required in 
part D, title I of the CAA; and (2) submissions required by section 
110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, title I of the CAA. This proposed rulemaking 
does not address infrastructure elements related to section 
110(a)(2)(I) or the nonattainment permitting requirements of 
110(a)(2)(C).

 110(a)(2)(A): Emission Limits and Other Control Measures
 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
 110(a)(2)(C): Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources \5\
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    \5\ As mentioned above, the Part D permit program for 
construction and modification of stationary sources is not relevant 
to this proposed rulemaking.
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 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
 110(a)(2)(E): Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies
 110(a)(2)(F): Stationary Source Monitoring and Reporting
 110(a)(2)(G): Emergency Powers
 110(a)(2)(H): SIP Revisions
 110(a)(2)(I): Plan Revisions for Nonattainment Areas \6\
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    \6\ As also mentioned above, this element is not relevant to 
this proposed rulemaking.
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 110(a)(2)(J): Consultation with Government Officials, Public 
Notification, and Prevention of Significant Deterioration (PSD) and 
Visibility Protection
 110(a)(2)(K): Air Quality Modeling and Submission of Modeling 
Data
 110(a)(2)(L): Permitting fees
 110(a)(2)(M): Consultation and Participation by Affected Local 
Entities

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon the SIP submission from Tennessee that addresses 
the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) 
for the 2015 8-hour ozone NAAQS. Whenever EPA promulgates a new or 
revised NAAQS, CAA section 110(a)(1) requires states to make SIP 
submissions to provide for the implementation, maintenance, and 
enforcement of the NAAQS, commonly referred to as an ``infrastructure 
SIP.'' These infrastructure SIP submissions must meet the various 
requirements of CAA section 110(a)(2), as applicable. Due to ambiguity 
in some of the language of CAA section 110(a)(2), EPA believes that it 
is appropriate to interpret these provisions in the specific context of 
acting on infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through a 
guidance document for infrastructure SIP submissions and through 
regional actions on infrastructure submissions.\7\ Unless otherwise 
noted below, we are following that existing approach in acting on this 
submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for facial compliance with statutory and regulatory requirements, not 
for the state's implementation of its SIP.\8\ EPA has other authority 
to address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \7\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013 Infrastructure 
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior 
action on Tennessee's infrastructure SIP to address the 2010 
Nitrogen Dioxide NAAQS (81 FR 45438 (July 14, 2016)).
    \8\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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IV. What is EPA's analysis of how Tennessee addressed the elements of 
the Sections 110(a)(1) and (2) ``Infrastructure'' provisions?

    The Tennessee infrastructure SIP submission addresses the 
provisions of sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A) Emission Limits and Other Control Measures: Section 
110(a)(2)(A) requires that each implementation plan include enforceable 
emission limitations and other control measures, means, or techniques 
(including economic incentives such as fees, marketable permits, and 
auctions of emissions rights), as well as schedules and timetables for 
compliance, as may be necessary or appropriate to meet the applicable 
requirements. Several regulations within Tennessee's SIP are

[[Page 54082]]

relevant to emission limits and other air quality control measures. 
These regulations include enforceable emission limitations and other 
control measures within the following rule chapters: SIP-approved 
Tennessee Air Pollution Control Regulations (TAPCR) 1200-03-03, Ambient 
Air Quality Standards, 1200-03-04, Open Burning; 1200-03-06, Non-
process Emission Standards; 1200-03-07, Process Emission Standards; 
1200-03-09, Construction and Operating Permits; 1200-03-18, Volatile 
Organic Compounds; 1200-03-21, General Alternate Emission Standards; 
1200-03-24, Good Engineering Practice Stack Height Regulations; and 
1200-03-27, Nitrogen Oxides. Collectively, these regulations establish 
enforceable emissions limitations and other control measures, means, or 
techniques for activities that contribute to ozone concentrations in 
the ambient air, and provide authority for TDEC to establish such 
limits and measures as well as schedules for compliance to meet the 
applicable requirements of the CAA. Additionally, State statutes 
established in the Tennessee Air Quality Act and adopted in the 
Tennessee Code Annotated (TCA) section 68-201-105(a), Powers and duties 
of board--Notification of vacancy--Termination due to vacancy, provide 
the Board and TDEC's Division of Air Pollution Control the authority to 
take actions in support of this infrastructure element such as issue 
permits, promulgate regulations, and issue orders to implement the 
Tennessee Air Quality Act and the CAA, as relevant. EPA has made the 
preliminary determination that the provisions contained in these State 
regulations and State statute satisfy Section 110(a)(2)(A) for the 2015 
8-hour ozone NAAQS in the State.
    2. 110(a)(2)(B) Ambient Air Quality Monitoring/Data System: Section 
110(a)(2)(B) requires SIPs to provide for establishment and operation 
of appropriate devices, methods, systems, and procedures necessary to 
(i) monitor, compile, and analyze data on ambient air quality, and (ii) 
upon request, make such data available to the Administrator. TCA 68-
201-105(b)(4) gives TDEC the authority to provide technical, 
scientific, and other services as may be required to implement the 
provisions of the Tennessee Air Quality Act. Annually, states develop 
and submit to EPA for approval statewide ambient monitoring network 
plans consistent with the requirements of 40 CFR parts 50, 53, and 58. 
The annual network plan involves an evaluation of any proposed changes 
to the monitoring network, includes the annual ambient monitoring 
network design plan, and includes a certified evaluation of the 
agency's ambient monitors and auxiliary support equipment.\9\
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    \9\ The annual network plans are approved by EPA in accordance 
with 40 CFR part 58, and, on occasion, proposed changes to the 
monitoring network are evaluated outside of the network plan 
approval process in accordance with 40 CFR part 58.
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    On July 10, 2018, Tennessee submitted its most recent plan to EPA, 
which was approved by EPA on September 19, 2018. Tennessee's monitoring 
network plan can be accessed at www.regulations.gov using Docket ID No. 
EPA-R04-OAR-2019-0203. EPA has made the preliminary determination that 
Tennessee's SIP and practices are adequate for the ambient air quality 
monitoring and data availability requirements related to the 2015 8-
hour ozone NAAQS.
    3. 110(a)(2)(C) Programs for Enforcement of Control Measures and 
for Construction or Modification of Stationary Sources: This element 
consists of three sub-elements: Enforcement, state-wide regulation of 
new and modified minor sources and minor modifications of major 
sources, and preconstruction permitting of major sources and major 
modifications in areas designated attainment or unclassifiable for the 
subject NAAQS as required by CAA title I part C (i.e., the major source 
PSD program). TDEC's 2015 8-hour ozone NAAQS infrastructure SIP 
submission cites a number of SIP provisions to address these 
requirements. EPA's rationale for its proposed action regarding each 
sub-element is described below.
    Enforcement: The following SIP-approved regulation provides TDEC 
with authority for enforcement of ozone emission limits and control 
measures. TAPCR 1200-03-13-.01, Violation Statement, states that, 
``Failure to comply with any of the provisions of these regulations 
shall constitute a violation thereof and shall subject the person or 
persons responsible therefore to any and all the penalties provided by 
law.'' Also note, under TCA 68-201-116, Orders and assessments of 
damages and civil penalty--Appeal, the State's Technical Secretary is 
authorized to issue orders requiring correction of violations of any 
part of the Tennessee Air Quality Act, or of any regulation promulgated 
under this State statute. Violators are subject to civil penalties of 
up to $25,000 per day for each day of violation and for any damages to 
the State resulting from the violations.
    Preconstruction PSD Permitting for Major Sources: With regard to 
section 110(a)(2)(C) related to the programs for preconstruction PSD 
permitting for major sources, EPA is not proposing any action in this 
rulemaking. EPA will consider these requirements in relation to 
Tennessee's 2015 8-hour ozone NAAQS infrastructure submission in a 
separate rulemaking.
    Regulation of minor sources and modifications: Section 110(a)(2)(C) 
also requires the SIP to include provisions that govern the minor 
source program that regulates emissions of the 2015 8-hour ozone NAAQS. 
TAPCR 1200-03-09-.01, Construction Permits, and TAPCR 1200-03-09-.03, 
General Provisions, collectively govern the preconstruction permitting 
of modifications and construction of minor stationary sources, and 
minor modifications of major stationary sources.
    EPA has made the preliminary determination that Tennessee's SIP is 
adequate for program enforcement of control measures, and regulation of 
minor sources and modifications related to the 2015 8-hour ozone NAAQS.
    4. 110(a)(2)(D)(i)(I) and (II) Interstate Pollution Transport: 
Section 110(a)(2)(D)(i) has two components: 110(a)(2)(D)(i)(I) and 
110(a)(2)(D)(i)(II). Each of these components has two subparts 
resulting in four distinct components, commonly referred to as 
``prongs,'' that must be addressed in infrastructure SIP submissions. 
The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), 
are provisions that prohibit any source or other type of emissions 
activity in one state from contributing significantly to nonattainment 
of the NAAQS in another state (``prong 1'') and interfering with 
maintenance of the NAAQS in another state (``prong 2''). The third and 
fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are 
provisions that prohibit emissions activity in one state from 
interfering with measures required to prevent significant deterioration 
of air quality in another state (``prong 3''), or to protect visibility 
in another state (``prong 4'').
    110(a)(2)(D)(i)(I)--prongs 1 and 2: EPA is not proposing any action 
in this rulemaking related to the interstate transport provisions 
pertaining to the contribution to nonattainment or interference with 
maintenance in other states of section 110(a)(2)(D)(i)(I) (prongs 1 and 
2). EPA will consider these requirements in relation to Tennessee's 
2015 8-hour ozone NAAQS infrastructure submission in a separate 
rulemaking.
    110(a)(2)(D)(i)(II)--prong 3: With regard to section 
110(a)(2)(D)(i)(II), the PSD element, referred to as prong 3,

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EPA is not proposing any action in this rulemaking. EPA will consider 
these requirements in relation to Tennessee's 2015 8-hour ozone NAAQS 
infrastructure submission in a separate rulemaking.
    110(a)(2)(D)(i)(II)--prong 4: Section 110(a)(2)(D)(i)(II) requires 
that the SIP contain adequate provisions to protect visibility in other 
states. This requirement is satisfied for any relevant NAAQS when the 
state has a fully approved regional haze SIP. Tennessee's submission 
relied on the State's regional haze SIP submission to address the prong 
4 requirements of section 110(a)(2)(D)(i) for the 2015 8-hour ozone 
NAAQS. EPA approved Tennessee's regional haze SIP on September 24, 2018 
(83 FR 48237). EPA's approval of Tennessee's regional haze SIP 
therefore ensures that emissions from Tennessee are not interfering 
with measures to protect visibility in other states, satisfying the 
requirements of prong 4 of section 110(a)(2)(D)(i)(II) for the 2015 8-
hour ozone NAAQS. Thus, EPA has made the preliminary determination that 
Tennessee's infrastructure SIP submissions for the 2015 8-hour ozone 
NAAQS meets the requirements of prong 4 of section 110(a)(2)(D)(i)(II).
    5. 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution: Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement. 
TAPCR 1200-03-09-3.04(4)(l)2, General Provisions, requires the 
permitting authority to notify air agencies whose areas may be affected 
by emissions from a source, which satisfies CAA section 126(a). 
Additionally, Tennessee does not have any pending obligation under 
sections 115 or 126(b) of the CAA relating to international or 
interstate pollution abatement. EPA has made the preliminary 
determination that Tennessee's SIP and practices are adequate for 
ensuring compliance with the applicable requirements relating to 
interstate and international pollution abatement for the 2015 8-hour 
ozone NAAQS.
    6. 110(a)(2)(E) Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies: 
Section 110(a)(2)(E) requires that each implementation plan provide: 
(i) Necessary assurances that the state will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the state comply with the requirements respecting state 
boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the state has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the state has responsibility for ensuring adequate 
implementation of such plan provisions. EPA is proposing to approve 
Tennessee's infrastructure SIP submission as meeting the requirements 
of sub-elements 110(a)(2)(E)(i), (ii), and (iii). EPA's rationale for 
today's proposal respecting each element of 110(a)(2)(E) is described 
in turn below.
    In support of EPA's proposal to approve sub-elements 
110(a)(2)(E)(i) and (iii), TCA 68-201-105, Powers and duties of board--
Notification of vacancy--Termination due to vacancy, gives the Board 
the power and duty to promulgate rules and regulations to implement the 
Tennessee Air Quality Act. The Board may define ambient air quality 
standards, set emission standards, set forth general policies or plans, 
establish a system of permits, and identify a schedule of fees for 
review of plans and specifications, issuance or renewal of permits or 
inspection of air contaminant sources.
    TAPCR 1200-03-26, Administrative Fees Schedule, establishes 
construction fees, annual emission fees, and permit review fees 
sufficient to supplement existing State and Federal funding and to 
cover reasonable costs associated with the administration of 
Tennessee's air pollution control program. These costs include costs 
associated with the review of permit applications and reports, issuance 
of permits, source inspections and emission unit observations, review 
and evaluation of stack and/or ambient monitoring results, modeling, 
and costs associated with enforcement actions.
    TCA 68-201-115, Local pollution control programs--Exemption from 
state supervision--Applicability of part to air contaminant sources 
burning wood waste--Open burning of wood waste, states that ``Any 
municipality or county in this state may enact, by ordinance or 
resolution respectively, air pollution control regulations not less 
stringent than the standards adopted for the state pursuant to this 
part, or any such municipality or county may also adopt or repeal an 
ordinance or resolution which incorporates by reference any or all of 
the regulations of the board, or any federal regulations including any 
changes in such regulations, when such regulations are properly 
identified as to date and source.'' Before such ordinances or 
resolutions become effective, the municipality or county must receive a 
certificate of exemption from the Board to enact local regulations in 
the State. In granting any certificate of exemption, the State of 
Tennessee reserves the right to enforce any applicable resolution, 
ordinance, or regulation of the local program.
    TCA 68-201-115 also directs TDEC to ``frequently determine whether 
or not any exempted municipality or county meets the terms of the 
exemption granted and continues to comply with this section.'' If TDEC 
determines that the local program does not meet the terms of the 
exemption or does not otherwise comply with the law, the Board may 
suspend the exemption in whole or in part until the local program 
complies with the State standards.
    As evidence of the adequacy of TDEC's resources with respect to 
sub-elements (i) and (iii), EPA submitted a letter to Tennessee on 
March 25, 2019, outlining section 105 grant commitments and the current 
status of these commitments for fiscal year 2018. The letter EPA 
submitted to Tennessee can be accessed at www.regulations.gov using 
Docket ID No. EPA-R04-OAR-2019-0203. Annually, states update these 
grant commitments based on current SIP requirements, air quality 
planning, and applicable requirements related to the NAAQS. Tennessee 
satisfactorily met all commitments agreed to in the Air Planning 
Agreement for fiscal year 2018, therefore Tennessee's grants were 
finalized and closed out. EPA has made the preliminary determination 
that Tennessee has adequate resources and authority for implementation 
of the 2015 8-hour ozone NAAQS.
    Section 110(a)(2)(E)(ii) requires that the state comply with 
section 128 of the CAA. Section 128 requires that the SIP contain 
requirements providing that: (a)(1) The majority of members of the 
state board or body which approves permits or enforcement orders 
represent the public interest and do not derive any significant portion 
of their income from persons subject to permitting or enforcement 
orders under the CAA; and (a)(2) any potential conflicts of interest by 
such board or body, or the head of an executive agency with similar 
powers be adequately disclosed. Section 110(a)(2)(E)(ii) obligations 
and the requirements of CAA section 128 are met in Tennessee Regulation 
0400-30-17, Conflict of Interest. Under this regulation, the Board has 
authority over air permits and enforcement orders and is required to 
determine annually and after receiving a new member that at least a 
majority of its members represent the public interest and do not derive 
any significant portion of income from persons subject to such permits 
and enforcement orders. Further, the Board

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cannot act to hear contested cases until it has determined it can do so 
consistent with CAA section 128. The regulation also requires TDEC's 
Technical Secretary and Board members to declare any conflict-of-
interest in writing prior to the issuance of any permit, variance or 
enforcement order that requires action on their part.
    EPA has made the preliminary determination that Tennessee's SIP 
adequately addresses the requirements of section 128, and accordingly 
has met the requirements of section 110(a)(2)(E)(ii) with respect to 
infrastructure SIP requirements. Therefore, EPA is proposing to approve 
Tennessee's infrastructure SIP submission as meeting the requirements 
of sub-elements 110(a)(2)(E)(i), (ii) and (iii).
    7. 110(a)(2)(F) Stationary Source Monitoring and Reporting: Section 
110(a)(2)(F) requires SIPs to meet applicable requirements addressing: 
(i) The installation, maintenance, and replacement of equipment, and 
the implementation of other necessary steps, by owners or operators of 
stationary sources to monitor emissions from such sources, (ii) 
periodic reports on the nature and amounts of emissions and emissions 
related data from such sources, and (iii) correlation of such reports 
by the state agency with any emission limitations or standards 
established pursuant to this section, which reports shall be available 
at reasonable times for public inspection. EPA's rules regarding how 
SIPs need to address source monitoring requirements at 40 CFR 51.212 
require SIPs to exclude any provision that would prevent the use of 
credible evidence of noncompliance. TDEC's infrastructure SIP 
submission identifies TAPCR 1200-03-10, Required Sampling, Recording, 
and Reporting, which gives the State's Technical Secretary the 
authority to monitor emissions at stationary sources, and to require 
these sources to conduct emissions monitoring and to submit periodic 
emissions reports. This rule requires owners or operators of stationary 
sources to monitor emissions, submit periodic reports of such emissions 
and maintain records as specified by various regulations and permits. 
The monitoring data collected, and records of operations serve as the 
basis for a source to certify compliance and can be used by Tennessee 
as direct evidence of an enforceable violation of the underlying 
emission limitation or standard.
    Additionally, Tennessee is required to submit emissions data to EPA 
for purposes of the National Emissions Inventory (NEI) pursuant to 
Subpart A to 40 CFR part 51--``Air Emissions Reporting Requirements.'' 
The NEI is EPA's central repository for air emissions data. 
Specifically, all states are required to submit a comprehensive 
emission inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and the precursors that form them--nitrogen oxides, sulfur dioxides, 
ammonia, lead, carbon monoxide, particulate matter, and volatile 
organic compounds. Many states also voluntarily report emissions of 
hazardous air pollutants.
    The most recently published triennial compiled emissions 
information is available as part of the 2014 NEI. EPA has made the 
preliminary determination that Tennessee's SIP and practices are 
adequate for the stationary source monitoring systems related to the 
2015 8-hour ozone NAAQS.
    Regarding credible evidence, TAPCR 1200-3-10-.04, Sampling, 
Recording, and Reporting Required for Major Stationary Sources, states 
that: ``the Technical Secretary is authorized to require by permit 
condition any periodic or enhanced monitoring, recording and reporting 
that he deems necessary for the verification of the source's compliance 
with the applicable requirements as defined in paragraph 1200-03-
09-.02(11).'' TDEC states that the Tennessee SIP does not preclude the 
use of credible evidence and directs TDEC to give due consideration of 
all pertinent facts. Additionally, EPA is not aware of any SIP 
provision preventing the use of credible evidence. EPA has made the 
preliminary determination that Tennessee's SIP and practices are 
adequate for the stationary source monitoring systems related to the 
2015 8-hour ozone NAAQS. Accordingly, EPA is proposing to approve 
Tennessee's infrastructure SIP submission with respect to section 
110(a)(2)(F).
    8. 110(a)(2)(G): Emergency Powers: Section 110(a)(2)(G) of the Act 
requires that states demonstrate authority comparable with section 303 
of the CAA and adequate contingency plans to implement such authority. 
Tennessee's emergency powers are outlined in TAPCR 1200-03-15, 
Emergency Episode Plan, which establishes the criteria for declaring an 
air pollution episode (air pollution alert, air pollution warning, or 
air pollution emergency), specific emissions reductions for each 
episode level, and emergency episode plan requirements for major 
sources located in or significantly impacting a nonattainment area. 
Additional emergency powers are codified in TCA 68-201-109, Emergency 
Stop Orders for Air Contaminant Sources. Under TCA 68-201-109, if the 
Commissioner of TDEC finds that emissions from the operation of one or 
more sources are causing imminent danger to human health and safety, 
the Commissioner may, with the approval of the Governor, order the 
source(s) responsible to reduce or discontinue immediately its (their) 
air emissions. Additionally, this State law requires a hearing to be 
held before the Commissioner within 24 hours of any such order.
    Regarding the public welfare and environment, TCA 68-201-106, 
Matters to be considered in exercising powers, states that ``In 
exercising powers to prevent, abate and control air pollution, the 
board or department shall give due consideration to all pertinent 
facts, including, but not necessarily limited to: (1) The character and 
degree of injury to, or interference with, the protection of the 
health, general welfare and physical property of the people . . .'' 
Also, TCA 68-201-116, Orders and assessments of damages and civil 
penalty Appeal, provides in subsection (a) that if the Tennessee 
Technical Secretary discovers that any State air quality regulation has 
been violated, the Tennessee Technical Secretary may issue an order to 
correct the violation, and this order shall be complied with within the 
time limit specified in the order. EPA has made the preliminary 
determination that Tennessee's SIP and practices are adequate for 
emergency powers related to the 2015 8-hour ozone NAAQS. Accordingly, 
EPA is proposing to approve Tennessee's infrastructure SIP submission 
with respect to section 110(a)(2)(G).
    9. 110(a)(2)(H) SIP Revisions: Section 110(a)(2)(H), in summary, 
requires each SIP to provide for revisions of such plan: (i) As may be 
necessary to take account of revisions of such national primary or 
secondary ambient air quality standard or the availability of improved 
or more expeditious methods of attaining such standard, and (ii) 
whenever the Administrator finds that the plan is substantially 
inadequate to attain the NAAQS or to otherwise comply with any 
additional applicable requirements.
    As previously discussed, TDEC is responsible for adopting air 
quality rules and revising SIPs as needed to attain or maintain the 
NAAQS in Tennessee. Specifically, Section 68-201-105(a) of the 
Tennessee Air Quality Act authorizes the Board to promulgate rules and 
regulations to implement this State statute, including setting and 
implementing ambient air quality

[[Page 54085]]

standards, emission standards, general policies or plans, a permits 
system, and a schedule of fees for review of plans and specifications, 
issuance or renewal of permits, and inspection of sources. EPA has made 
the preliminary determination that Tennessee's SIP and practices 
adequately demonstrate a commitment to provide future SIP revisions 
related to the 2015 8-hour ozone NAAQS when necessary. Accordingly, EPA 
is proposing to approve Tennessee's infrastructure SIP submission with 
respect to section 110(a)(2)(H).
    10. 110(a)(2)(J) Consultation with Government Officials, Public 
Notification, and PSD and Visibility Protection: EPA is proposing to 
approve Tennessee's infrastructure SIP submission for the 2015 8-hour 
ozone NAAQS with respect to the general requirement in section 
110(a)(2)(J) to include a program in the SIP that complies with the 
applicable consultation requirements of section 121, and the public 
notification requirements of section 127. EPA's rationale for each sub-
element is described below.
    Consultation with government officials (121 consultation): Section 
110(a)(2)(J) of the CAA requires states to meet the requirements of 
section 121 relating to consultation with local governments, designated 
organizations, and Federal Land Managers (FLMs) carrying out NAAQS 
implementation requirements. TAPCR 1200-03-34, Conformity, as well as 
the State's Regional Haze Implementation Plan (which allows for 
consultation between appropriate state, local, and tribal air pollution 
control agencies as well as the corresponding FLMs), provide for 
consultation with government officials whose jurisdictions might be 
affected by SIP development activities. TAPCR 1200-03-34 provides for 
interagency consultation on transportation and general conformity 
issues. Tennessee adopted state-wide consultation procedures for the 
implementation of transportation conformity which includes the 
development of mobile inventories for SIP development. These 
consultation procedures were developed in coordination with the 
transportation partners in the State and are consistent with the 
approaches used for development of mobile inventories for SIPs. 
Required partners covered by Tennessee's consultation procedures 
include Federal, state, and local transportation and air quality agency 
officials. EPA has made the preliminary determination that Tennessee's 
SIP and practices adequately demonstrate consultation with government 
officials related to the 2015 8-hour ozone NAAQS when necessary. 
Accordingly, EPA is proposing to approve Tennessee's infrastructure SIP 
submission with respect to section 110(a)(2)(J) consultation with 
government officials.
    Public notification: With respect to public notification, section 
110(a)(2)(J) of the CAA requires states to notify the public of NAAQS 
exceedances and associated health hazards, and to enhance public 
awareness of measures that can prevent such exceedances. These 
requirements are met through the State's existing Air Quality Index and 
Air Quality Forecasting programs, which provide a method to alert the 
public if any NAAQS is exceeded in an area. Additionally, the State's 
annual monitoring plan update is sent out each year for public review 
and comment. EPA has made the preliminary determination that 
Tennessee's SIP and practices adequately demonstrate the State's 
ability to provide public notification related to the 2015 8-hour ozone 
NAAQS when necessary. Accordingly, EPA is proposing to approve 
Tennessee's infrastructure SIP submission with respect to section 
110(a)(2)(J) public notification.
    PSD: With regard to the PSD element of section 110(a)(2)(J), EPA is 
not proposing any action in this rulemaking. EPA will consider these 
requirements in relation to Tennessee's 2015 8-hour ozone NAAQS 
infrastructure submission in a separate rulemaking.
    Visibility protection: EPA's 2013 Guidance notes that it does not 
treat the visibility protection aspects of section 110(a)(2)(J) as 
applicable for purposes of the infrastructure SIP approval process. EPA 
recognizes that states are subject to visibility protection and 
regional haze program requirements under part C of the Act (which 
includes sections 169A and 169B). However, there are no newly 
applicable visibility protection obligations after the promulgation of 
a new or revised NAAQS. Thus, EPA has determined that states do not 
need to address the visibility component of 110(a)(2)(J) in 
infrastructure SIP submittals. As such, Tennessee's infrastructure SIP 
submission related to the 2015 8-hour ozone NAAQS does not address the 
visibility protection element of section 110(a)(2)(J).
    11. 110(a)(2)(K) Air Quality Modeling and Submission of Modeling 
Data: Section 110(a)(2)(K) of the CAA requires that SIPs provide for 
performing air quality modeling so that effects on air quality of 
emissions from NAAQS pollutants can be predicted and submission of such 
data to EPA can be made. Tennessee states that attainment 
demonstrations submitted to EPA will provide any required air quality 
modeling, which will comply with EPA's final guidance on the use of 
models and will use the latest methods and techniques. Tennessee cites 
to TCA 68-201-105(b)(7), which authorizes TDEC to develop plans for a 
comprehensive air pollution control program for the State and provide 
technical, scientific, and other services to develop such plans, and 
notes that air quality modeling is part of the scientific and technical 
support for developing SIPs. Tennessee also states that it has 
personnel with training and experience to conduct dispersion modeling 
consistent with models approved by EPA protocols. Additionally, 
Tennessee participates in a regional effort to coordinate the 
development of emissions inventories and conduct regional modeling for 
several NAAQS, including the 2015 8-hour ozone NAAQS, for the 
Southeastern states. Taken as a whole, Tennessee's air quality 
regulations and practices demonstrate that TDEC has the authority to 
provide relevant data for the purpose of predicting the effect on 
ambient air quality of the 8-hour ozone NAAQS. EPA has made the 
preliminary determination that Tennessee's SIP and practices adequately 
demonstrate the State's ability to provide for air quality modeling, 
along with analysis of the associated data, related to the 2015 8-hour 
ozone NAAQS. Accordingly, EPA is proposing to approve Tennessee's 
infrastructure SIP submission with respect to section 110(a)(2)(K).
    12. 110(a)(2)(L) Permitting fees: Section 110(a)(2)(L) requires the 
owner or operator of each major stationary source to pay to the 
permitting authority, as a condition of any permit required under the 
CAA, a fee sufficient to cover: (i) The reasonable costs of reviewing 
and acting upon any application for such a permit, and (ii) if the 
owner or operator receives a permit for such source, the reasonable 
costs of implementing and enforcing the terms and conditions of any 
such permit (not including any court costs or other costs associated 
with any enforcement action), until such fee requirement is superseded 
with respect to such sources by the Administrator's approval of a fee 
program under title V.
    In Tennessee, funding for review of PSD and NNSR permits comes from 
permit-specific fees that are charged to new applicants and from annual 
emission fees charged to existing title V emission sources that are 
applying for major modifications under PSD or NNSR. The cost of 
reviewing, approving, implementing, and enforcing

[[Page 54086]]

PSD and major NNSR permits are covered under the following State 
regulations: (1) TAPCR 1200-03-26-.02(5) requires each new major 
stationary source to pay a construction permit application filing/
processing fee and (2) TAPCR 1200-03-26-.02(9), Annual Emission Fees 
for Major Sources,\10\ mandates that existing major stationary sources 
pay annual title V emission fees, which are used to cover the 
permitting costs for any new construction or modifications at these 
facilities as well as implementation and enforcement of PSD and NNSR 
permits after they have been issued. EPA has made the preliminary 
determination that Tennessee adequately provides for permitting fees 
related to the 2015 8-hour ozone NAAQS when necessary. Accordingly, EPA 
is proposing to approve Tennessee's infrastructure SIP submission with 
respect to section 110(a)(2)(L).
---------------------------------------------------------------------------

    \10\ Title V program regulations are federally-approved but not 
incorporated into the federally-approved SIP.
---------------------------------------------------------------------------

    13. 110(a)(2)(M) Consultation/participation by affected local 
entities: Section 110(a)(2)(M) of the Act requires states to provide 
for consultation and participation in SIP development by local 
political subdivisions affected by the SIP. TCA 68-201-105, Powers and 
duties of board Notification of vacancy Termination due to vacancy, 
authorizes and requires the Board to promulgate rules and regulations 
under the provisions of the State's Uniform Administrative Procedures 
Act. TCA 4-5-202, When hearings required, requires agencies to precede 
all rulemaking with a notice and public hearing, except for exemptions. 
TCA 4-5-203, Notice of hearing, states that whenever an agency is 
required by law to hold a public hearing as part of its rulemaking 
process, the agency shall: ``(1) Transmit written notice of the 
hearings to the secretary of state for publication in the notice 
section of the administrative register website . . . and (2) Take such 
other steps as it deems necessary to convey effective notice to persons 
who are likely to have an interest in the proposed rulemaking.'' TCA 
68-201-105(b)(7) authorizes and requires TDEC to ``encourage voluntary 
cooperation of affected persons or groups in preserving and restoring a 
reasonable degree of air purity; advise, consult and cooperate with 
other agencies, persons or groups in matters pertaining to air 
pollution; and encourage authorized air pollution agencies of political 
subdivisions to handle air pollution problems within their respective 
jurisdictions to the greatest extent possible and to provide technical 
assistance to political subdivisions . . .'' TAPCR 1200-03-34, 
Conformity, requires interagency consultation on transportation and 
general conformity issues. Additionally, TDEC has, in practice, 
consulted with local entities for the development of its transportation 
conformity SIP and has worked with the FLMs as a requirement of EPA's 
regional haze rule. EPA has made the preliminary determination that 
Tennessee's SIP and practices adequately demonstrate consultation with 
affected local entities related to the 2015 8-hour ozone NAAQS. 
Accordingly, EPA is proposing to approve Tennessee's infrastructure SIP 
submission with respect to section 110(a)(2)(M).

V. Proposed Action

    With the exception of interstate transport provisions of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 and 2) pertaining to the 
contribution to nonattainment or interference with maintenance in other 
states and PSD provisions related to major sources under sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J), EPA is 
proposing to approve Tennessee's September 13, 2018, infrastructure 
submission for the 2015 8-hour ozone NAAQS for the above described 
infrastructure SIP requirements. EPA is proposing to approve 
Tennessee's infrastructure SIP submission for the 2015 8-hour ozone 
NAAQS because the submission is consistent with section 110 of the CAA.

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 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. Accordingly, this 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not propose 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 13563 (76 FR 3821, January 21, 2011);
     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 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does 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).
    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 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: September 23, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-21862 Filed 10-8-19; 8:45 am]
 BILLING CODE 6560-50-P


