[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78892-78896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27867]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0155; FRL-10503-01-R4]


Air Plan Approval; Tennessee; Packaging Corporation of America 
Nitrogen Oxides SIP Call Alternative Monitoring

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
conditionally approve a source-specific State Implementation Plan (SIP) 
revision submitted by the State of Tennessee, through the Tennessee 
Department of Environment and Conservation (TDEC), through a letter 
dated June 29, 2021, which would establish alternative monitoring, 
recordkeeping, and reporting requirements under the Nitrogen Oxides 
(NOX) SIP Call.

DATES: Comments must be received on or before January 23, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0155 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, 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) 562-9034. 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

[[Page 78893]]

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 potential reductions from 
cement kilns and stationary internal combustion engines.
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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 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 EPA 
implemented through federal implementation plans (FIPs) for EGUs 
greater than 25 MW in each affected state, but not large non-EGUs; 
states could submit SIPs to replace the FIPs that achieved the required 
emission reductions from EGUs and/or 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.
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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 incorporated requirements for CAIR. Consistent 
with CAIR's requirements, EPA approved a SIP revision in which 
Tennessee regulations: (1) terminated its NOX Budget Trading 
Program requirements, and (2) incorporated CAIR annual and ozone season 
NOX state trading programs. See 74 FR 61535. Participation 
of EGUs in the CAIR ozone season NOX trading program 
addressed the State's obligation under the NOX SIP Call for 
those units, and Tennessee also chose to require non-EGUs subject to 
the NOX SIP Call to participate in the same CAIR trading 
program. In this manner, Tennessee's CAIR rules incorporated into the 
SIP addressed the State's obligations under the NOX SIP Call 
with respect to both EGUs and non-EGUs.
    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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    Even though the CAIR programs have not been implemented in 
Tennessee since 2014, ozone season NOX emissions have 
remained well below the NOX SIP Call budget levels. 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 which corrected the definition of ``affected unit'' and 
clarified requirements related to stationary boilers and combustion 
turbines. EPA also converted the

[[Page 78894]]

conditional approval of the TN 2017 NOX SIP Call Rule to a 
full approval. See EPA's March 2, 2021 (86 FR 12092), final rule 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.
    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 mass emissions from these sources. 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, and the requirements have remained 
in effect despite the discontinuation of the NOX Budget 
Trading Program after the 2008 ozone season.
    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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    Following EPA's March 8, 2019, revision to the NOX SIP 
Call requirements, Packaging Company of America (PCA) petitioned TDEC 
to adopt revised permit conditions applicable to PCA's Highway 57, 
Counce, Tennessee facility (PCA Counce Mill) with an alternative 
monitoring option for this large non-EGU, along with corresponding 
revised recordkeeping and reporting conditions. This petition resulted 
in the issuance of the permit for PCA Counce Mill included as part of 
TDEC's SIP submittal. The changes allow PCA Counce Mill to address the 
NOX SIP Call's requirements for enforceable limits on ozone 
season NOX mass emissions through non-Part 75 alternative 
monitoring and reporting methodologies. The June 29, 2021, source-
specific SIP revision submitted by TDEC contains the permit provisions 
that TDEC modified to specifically address the alternative monitoring 
provisions allowed under the NOX SIP Call and requests 
conditional approval of those provisions into the SIP. The contents of 
the submittal and EPA's analysis is further discussed in Section III.

II. Why is EPA proposing this action?

    TDEC's June 29, 2021, letter requests that EPA conditionally 
approve into Tennessee's SIP Tennessee Air Pollution Control Board 
operating permit No. 078563 for PCA Counce Mill, state effective on 
June 10, 2021, to provide alternative NOX monitoring and 
reporting for Boiler #1 at this facility in accordance with 40 CFR 
51.121(i). TDEC requests that this approval be conditioned on 
Tennessee's commitment to modify the provisions at Chapter 1200-03-
27.12(11) to specify allowable non-Part 75 permissible alternative 
monitoring and reporting methodologies for large industrial non-EGUs 
subject to the NOX SIP Call, such as the alternative 
monitoring and reporting provisions in permit No. 078563. The 
submission also includes a demonstration under CAA section 110(l) 
intended to show that the revision 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, preliminarily finds them 
consistent with the CAA and regulations governing the NOX 
SIP Call, and is proposing to conditionally approve the revisions to 
incorporate the source-specific SIP revision into the State's 
implementation plan.

III. Analysis of Tennessee's Submission

    On September 16, 2020, PCA submitted a petition to TDEC requesting 
approval of alternative monitoring, recordkeeping, and reporting 
requirements for one boiler subject to the NOX SIP Call 
(Combination Boiler #1) at PCA's Counce Mill. The petition states that 
PCA uses NOX CEMS to demonstrate compliance with the Counce 
Mill's Plantwide Applicability Limit (PAL) permit. Combination Boiler 
#1 is the only monitor within the mill that is subject to the 
requirements of 40 CFR part 75, and the other NOX sources at 
the mill operate CEMS in accordance with 40 CFR part 60. The petition 
states that PCA wishes to streamline the monitoring requirements among 
the sources at the mill.
    That petition resulted in TDEC's revision of the PCA Counce Mill 
permit conditions 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. These 
permit conditions have been submitted by TDEC for approval into 
Tennessee's SIP. These revised permit conditions are consistent with 
the flexibility provided to states on

[[Page 78895]]

March 8, 2019 (84 FR 8422) concerning the form of the NOX 
emissions monitoring requirements that the states must include in their 
SIPs for certain emissions sources, such as PCA Counce Mill, to comply 
with the NOX SIP Call, required at 40 CFR 51.121(i)(4). 
Permit condition one requires compliance with permit conditions two 
through five. Permit condition two provides that PCA Counce Mill may 
demonstrate compliance with Tennessee Rule 1200-03-27-.12 by monitoring 
NOX emissions from Combination Boiler #1 using the 
monitoring methodologies for NOX emission rate set forth in 
40 CFR part 60, Appendix B in combination with monitoring of heat 
input.
    Permit Condition 3 requires that PCA Counce Mill 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 60, Appendix B. To be approvable be TDEC, the program shall 
address the following:
    (a) A description of the overall monitoring program;
    (b) Specifications demonstrating that the proposed monitoring 
instruments will meet the requirements of 40 CFR 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 60, Appendix F or approved alternative);
    (g) Procedures for addressing missing data (40 CFR 75, Appendix C, 
Appendix F or approved alternative); and
    (h) Proposed format for the reporting of data.
    Permit condition four specifies that the permittee shall 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 four 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.
    Permit condition five requires that the permittee shall 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.
    Section 110(l) of the CAA prohibits revision of a SIP that would 
interfere with attainment or maintenance of a NAAQS, reasonable further 
progress toward attainment of a NAAQS, 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) PCA Counce Mill's NOX emissions remain substantially 
below the facility's NOX budget established pursuant to 
TAPCR 1200-03-27-.12; (2) 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; (3) 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; and (4) the work practice requirements of 40 CFR 63 
Subpart DDDDD (periodic tune-ups) will provide additional assurance 
that the boiler is operating properly. EPA 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.\8\ See 40 CFR 51.121(f)(2). EPA is 
proposing to find that TDEC's submittal meets these requirements and 
all other requirements of the CAA, including 40 CFR 51.121(i)(1) and 
(4), except that Tennessee additionally will need to modify TAPCR 1200-
03-27.12(11) to specify permissible non-Part 75 alternative monitoring 
and reporting methodologies within one year of the effective date of 
EPA's conditional approval. Thus, EPA is proposing to conditionally 
approve TDEC operating permit No. 078563, state effective on June 10, 
2021, into Tennessee's SIP pursuant to CAA section 110(k)(4), subject 
to TDEC's specific commitment to modify the provisions of TAPCR 1200-
03-27.12(11) to specify permissible non-Part 75 alternative monitoring 
and reporting methodologies within one year of EPA's conditional 
approval, as described in TDEC's submittal.
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    \8\ See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
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    If Tennessee meets its commitment to submit a SIP revision 
modifying the provisions of TAPCR 1200-03-27.12(11) to specify 
permissible non-Part 75 alternative monitoring and reporting 
methodologies, as allowed under 40 CFR 51.121(i)(1) and (4), by 12 
months from the date of final approval of this proposed action, TDEC 
operating permit No. 078563 will remain a part of the SIP. However, if 
the State fails to submit this revision on or before 12 months from the 
date of final approval of this action, the conditional approval will 
become a disapproval pursuant to CAA section 110(k)(4).

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 Tennessee Air Pollution Control Board's operating permit No. 
078563 for the PCA Counce Mill, state effective on June 10, 2021. 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 conditionally approve Tennessee Air Pollution 
Control Board operating permit No. 078563 for PCA Counce Mill, state 
effective June 10, 2021, for incorporation into the Tennessee SIP. 
These changes were submitted by Tennessee on June 29, 2021.

[[Page 78896]]

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. 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. This proposed action 
merely proposes to conditionally 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 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 (Pub. L. 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).
    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 proposed 
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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: December 16, 2022
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-27867 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P


