[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Rules and Regulations]
[Pages 8771-8773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02648]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0155; FRL-10503-02-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving revisions to the Tennessee State Implementation Plan (SIP) 
submitted by the State of Tennessee, through the Tennessee Department 
of Environment and Conservation (TDEC), through a letter dated June 29, 
2021. This revision establishes alternative monitoring, recordkeeping, 
and reporting requirements under the Nitrogen Oxides (NOX) 
SIP Call. EPA is finalizing action to conditionally approve these 
changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective March 13, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0155. All documents in the docket 
are listed on the regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that, if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: 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

    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. TDEC requests 
conditional approval of those provisions into the SIP.
    Through a notice of proposed rulemaking (NPRM) published on 
December 23, 2022 (87 FR 78892), EPA proposed to conditionally approve 
the June 10, 2021, changes to Tennessee Air Pollution Control Board 
operating permit No. 078563 contained in TDEC's June 29, 2021 
submittal. TDEC requests that this approval be conditioned on 
Tennessee's commitment to modify the provisions at Tennessee Air 
Pollution Control Regulation (TAPCR) 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 details of Tennessee's 
submission, as well as the background and EPA's rationale for 
conditionally approving the changes, are described in more detail in 
the December 23, 2022, NPRM. Comments on the December 23, 2022, NPRM 
were due on or before January 23, 2023. No comments were received on 
the December 23, 2022, NPRM, adverse or otherwise.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, and as discussed in Section III of this preamble, EPA is 
finalizing the incorporation by reference of Tennessee Air Pollution 
Control Board operating permit No. 078563 for PCA Counce Mill, state 
effective on June 10, 2021, into the Tennessee SIP. 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). Therefore, these materials have 
been approved by EPA for inclusion in the SIP, have been incorporated 
by reference by EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of EPA's approval, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action 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. As discussed in more detail in the December 23, 2022 NPRM, these 
changes to Tennessee's SIP are approved subject to the condition that 
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 this final 
approval. 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. 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. This action merely 
conditionally approves state law as

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meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 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 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 11, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2) of the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Dated: February 2, 2023.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart RR--Tennessee

0
2. Section 52.2219 is added to read as follows:


Sec.  52.2219  Conditional approval.

    (a) Tennessee submitted a source-specific SIP revision to EPA on 
June 29, 2021, regarding the Packaging Company of America's Highway 57, 
Counce, Tennessee facility, along with a commitment to modify the 
provisions at Tennessee Air Pollution Control Regulation 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. EPA conditionally approved the 
June 29, 2021, SIP revision in an action published in the Federal 
Register on February 10, 2023. If Tennessee fails to meet its 
commitment by February 12, 2024, the conditional approval will become a 
disapproval on February 12, 2024.
    (b) [Reserved]

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3. In Sec.  52.2220(d), amend the table by adding an entry for 
``Packaging Corporation of America--Counce Mill'' at the end of the 
table to read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (d) * * *

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                               EPA-Approved Tennessee Source-Specific Requirements
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                                                   State
       Name of source           Permit No.    effective date     EPA approval date            Explanation
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                                                  * * * * * * *
    Packaging Corporation of          078563       6/10/2021  2/10/2023, [Insert      Conditional approval based
         America--Counce Mill                                  citation of             on TDEC's commitment to
                                                               publication].           modify the provisions at
                                                                                       TAPCR 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.
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[FR Doc. 2023-02648 Filed 2-9-23; 8:45 am]
BILLING CODE 6560-50-P


