[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Rules and Regulations]
[Pages 41031-41035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13465]



[[Page 41031]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R4-OAR-2022-0783; FRL-10523-02-R4]


Air Plan Approval; Tennessee; Revisions to Startup, Shutdown, and 
Malfunction Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) revision submitted by the 
State of Tennessee, through the Tennessee Department of Environment and 
Conservation (TDEC), on November 19, 2016, as supplemented on January 
20, 2023, in response to a finding of substantial inadequacy and SIP 
call published on June 12, 2015, regarding provisions in the Tennessee 
SIP related to excess emissions during startup, shutdown, and 
malfunction (SSM) events. Tennessee's January 20, 2023, supplemental 
SIP revision includes some additional changes related to the 2015 SIP 
call, plus other changes unrelated to the SIP call, in the affected 
chapter of Tennessee's regulations.

DATES: This rule is effective July 24, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R4-OAR-2022-0783. All documents in the docket 
are listed on the www.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: Estelle Bae, Air Permits 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. Ms. Bae can be reached by telephone at 
(404) 562-9143 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 19, 2016, Tennessee submitted a SIP revision in 
response to the SIP call issued in the June 12, 2015, action titled 
``State Implementation Plans: Response to Petition for Rulemaking; 
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings 
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying 
to Excess Emissions During Periods of Startup, Shutdown, and 
Malfunction'' (``2015 SSM SIP Action''),\1\ and requested approval of 
changes to provisions in Chapter 1200-3-5 (``Visible Emissions 
Regulations'') and Chapter 1200-3-20 (``Limits On Emissions Due To 
Malfunctions, Startups, And Shutdowns''). Regarding the Chapter 1200-3-
20 provisions, the State requested approval of changes to Rules 1200-3-
20-.06(2), 1200-3-20-.06(4), and 1200-3-20-.06(6) (which have been 
renumbered from 1200-3-20-.07(1) (in part) and 1200-3-20-.07(3) in the 
current state code of regulations) to address deficiencies that EPA 
identified in the 2015 SSM Action in SIP-approved Rules 1200-03-
20-.07(1) and 1200-03-20-.07(3). Tennessee also requested changes to 
Rule 1200-3-20-.06(6), which was not part of the SIP call. On January 
20, 2023, Tennessee supplemented its 2016 SIP submission to request 
removal of Rule 1200-3-20-.06, ``Scheduled Maintenance,'' resulting in 
the renumbering of Rules 1200-3-20-.07 through .10 to 1200-3-20-.06 
through .09 (i.e., .07 is renumbered to .06, and so on), and other 
changes to Chapter 1200-3-20.\2\
---------------------------------------------------------------------------

    \1\ See 80 FR 33839 (June 12, 2015).
    \2\ Tennessee requested that Rule 1200-3-20-.03 and 1200-3-
20-.06(5) not be incorporated into the Tennessee SIP. See the 
document titled ``Transmittal_Letter_SSM SIP Call Chapter 20 
Supplemental'' in the docket for this action.
---------------------------------------------------------------------------

    On April 6, 2023, EPA proposed to act on portions of Tennessee's 
November 19, 2016, SIP revision, as supplemented on January 20, 
2023.\3\ In that notice of proposed rulemaking (NPRM), EPA proposed to 
determine that the SIP revision partially corrects the deficiencies 
with respect to Tennessee that the Agency identified in the 2015 SSM 
SIP Action. Consequently, EPA proposed to approve in part and 
disapprove in part Tennessee's November 19, 2016, SIP revision, as 
supplemented on January 20, 2023.\4\ The reasons for EPA's proposed 
action are stated in the April 6, 2023, NPRM and will not be restated 
here. The public comment period for EPA's proposed action ended on May 
8, 2023. EPA received one favorable comment on April 20, 2023, and one 
set of comments in a joint letter submitted by the Sierra Club and the 
Environmental Integrity Project (hereinafter collectively referred to 
as the Commenter) on May 8, 2023, which agreed in part and disagreed in 
part with EPA's proposed action. Both sets of comments are available in 
the docket for this action.
---------------------------------------------------------------------------

    \3\ See 88 FR 20443 (April 6, 2023).
    \4\ Tennessee has withdrawn the portions of its submittal that 
EPA proposed to disapprove in the April 6, 2023, NPRM. The 
withdrawal letter, dated June 13, 2023, is included in the docket 
for this action.
---------------------------------------------------------------------------

II. Response to Comments

    The Commenter provided comments both in support of and adverse to 
EPA's proposed action. EPA acknowledges the comments expressing support 
for the proposed action and will not address them further. Instead, 
this section of the final rulemaking notice will focus on the comments 
that were adverse or that warrant clarification. The responses to these 
comments are below.
    Comment 1: For Rule 1200-3-5-.02(1) and Rule 1200-3-20-.06(1), the 
Commenter acknowledges and supports the rationale behind EPA's proposed 
disapproval of these provisions and provides further commentary on why 
Tennessee's proposed additional language in Rule 1200-3-5-.02(1) is 
problematic. The Commenter states that EPA must finalize the 
disapprovals and issue a finding of failure to submit.
    Response 1: EPA notes that at the time the Agency issued the April 
6, 2023, NPRM, there was no basis for EPA to issue a finding of failure 
to submit regarding Rule 1200-3-5-.02(1) and Rule 1200-3-20-.06(1). 
Pursuant to Clean Air Act (CAA or Act) section 110(k)(1)(B), EPA must 
determine no later than six months after the date by which a state is 
required to submit a SIP whether the state has made a submission that 
meets the minimum completeness criteria established pursuant to CAA 
section 110(k)(1)(A) and set forth at 40 CFR part 51, appendix A. EPA 
refers to the determination that a state has not submitted a SIP 
submission that meets

[[Page 41032]]

the minimum completeness criteria as a ``finding of failure to 
submit.''
    For the SIP call in the 2015 SSM Action, SIP submissions were due 
by November 22, 2016. With respect to the SIP-called Rules 1200-3-
5-.02(1) and 1200-3-20-.06(1) and (2),\5\ Tennessee submitted a SIP 
revision on November 19, 2016, in response to EPA's 2015 SSM SIP 
Action. Six months thereafter, on May 19, 2017, Tennessee's SIP 
revision was deemed complete by operation of law pursuant to CAA 
section 110(k)(1)(B).
---------------------------------------------------------------------------

    \5\ Rules 1200-3-20-.06(1) and (2), collectively, were 
previously numbered as Rule 1200-3-20-.06(1).
---------------------------------------------------------------------------

    Where a state has submitted a complete SIP revision, EPA must act 
on it pursuant to CAA section 110(k)(2)-(4) (e.g., approve the 
revision, disapprove the revision, etc.). As noted by the Commenter, 
EPA proposed to disapprove the revisions to Rule 1200-3-5-.02(1) and 
Rule 1200-3-20-.06(1). If EPA had finalized the disapproval of these 
provisions in this action, the disapproval would have triggered an 
obligation under CAA section 110(c)(1) for EPA to promulgate a federal 
implementation plan (FIP) within 24 months after the date of 
disapproval. However, since the issuance of the April 6, 2023, NPRM, 
Tennessee has withdrawn certain provisions addressed therein, including 
Rules 1200-3-5-.02(1) and 1200-3-20-.06(1), from EPA's consideration as 
a SIP revision. The letter withdrawing these provisions is provided in 
the docket for this final rulemaking. Consequently, EPA is not 
finalizing the proposed disapprovals for Rule 1200-3-5-.02(1) and Rule 
1200-3-20-.06(1). Although the withdrawal of these provisions from 
EPA's consideration is relevant to a determination regarding a finding 
of failure to submit for those provisions, any such finding of failure 
to submit would be considered in a separate action. The comment 
requesting the issuance of a finding of failure to submit is not 
germane to the portions of the SIP revision subject to this action 
because they were not withdrawn.
    Comment 2: The Commenter is concerned that the revised language in 
Rule 1200-3-20-.06(4) could be interpreted to preclude the 
admissibility of data by parties other than the violating owner or 
operator, particularly EPA or the public, where such data was not 
provided to TDEC within the required twenty days. The Commenter also 
asserts that although the NPRM states that the new term ``potential 
enforcement actions'' in Rule 1200-3-20-.06(4) refers to a state-only 
action, a state-only application is not unambiguous in the plain 
language of the rule. The Commenter goes on to state that even if the 
rule is interpreted to apply strictly to state enforcement of emission 
limit exceedances, EPA should require its removal because such 
provisions of state-only enforcement discretion are not appropriate for 
inclusion in the SIP.
    Response 2: Tennessee has withdrawn Rule 1200-3-20-.06(4) from the 
SIP revision. Thus, EPA is not finalizing its proposed approval of Rule 
1200-3-20-.06(4).
    Comment 3: The Commenter is concerned that the addition of Rule 
1200-3-20-.06(6) could be read to limit enforcement even though EPA's 
April 6, 2023, NPRM accurately states the fact that ``[a]ny excess 
emissions that would violate an applicable SIP emission limit are not 
allowed, regardless of whether they can be proved to cause or 
contribute to violations of any ambient air quality standards, and 
regardless of whether they occur during periods of SSM.'' \6\ The 
Commenter expresses particular concern that a court could conclude that 
this provision precludes EPA and the public from enforcing against 
violations that occur during SSM events if the excess emissions cannot 
be proved to cause or contribute to any violations of ambient air 
quality standards. The Commenter states, ``Accordingly, EPA should 
either disapprove Rule 1200-3-20-.06(6) or approve it conditioned on 
the following clarification, so that it reads: `No emission during 
periods of malfunction, start-up, or shutdown that are in excess of the 
standards in Division 1200-03 or any permit issued thereto shall be 
allowed.' ''
---------------------------------------------------------------------------

    \6\ Rule 1200-3-20-.06(6) states, ``No emission during periods 
of malfunction, start-up, or shutdown that are in excess of the 
standards in Division 1200-03 or any permit issued thereto shall be 
allowed which can be proved to cause or contribute to any violations 
of the Ambient Air Quality Standards contained in Chapter 1200-03-03 
or the National Ambient Air Quality Standards.''
---------------------------------------------------------------------------

    Response 3: EPA disagrees that Rule 1200-3-20-.06(6) could limit 
enforcement. In accordance with the 2015 SSM SIP Action, EPA will not 
approve SIP provisions that excuse excess emissions during periods of 
SSM, regardless of whether they can or cannot be proven to cause or 
contribute to any violations of ambient air quality standards. EPA 
interprets the statement in Rule 1200-3-20-.06(6) regarding ambient air 
quality standards as only emphasizing the impermissibility of causing 
or contributing to violations of the State's ambient air quality 
standards and the National Ambient Air Quality Standards. Therefore, 
EPA does not agree that Rule 1200-3-20-.06(6), although perhaps 
superfluous, must be disapproved or that, alternatively, EPA should 
approve Rule 1200-3-20-.06(6) conditioned on the Commenter's 
clarification.
    Comment 4: The Commenter asks that EPA act on ``its SIP calls to 
Shelby County and Knox County, Tennessee that were part of the 2015 SSM 
SIP Call.'' Specifically, the Commenter refers to Shelby County Code 
Sec.  16-87 and mentions that it ``addresses enforcement for excess 
emissions that occur during malfunctions, startups, and shutdowns by 
incorporating by reference the state's provisions in Tenn. Comp. R. & 
Regs. 1200-3-20.'' The Commenter goes on to opine about the provisions 
and its belief that these provisions are inconsistent with the SIP call 
and CAA. Finally, the Commenter states that ``EPA must take action to 
address the failure of these local air pollution control agencies to 
respond to EPA's SIP Call.''
    Response 4: First, EPA notes that these comments are not within the 
scope of EPA's April 6, 2023, proposed action. Nevertheless, EPA 
disagrees with the assertion that neither Knox County nor Shelby County 
responded to EPA's 2015 SIP Call. Tennessee has responded to EPA's 2015 
SSM SIP Action for both local air pollution control agencies. In fact, 
on January 11, 2016, Knox County, through the State of Tennessee, 
submitted a SIP revision that corrected the deficiencies noted in EPA's 
2015 SSM SIP Action. EPA proposed approval of Tennessee's corrective 
SSM SIP for Knox County on September 22, 2016.\7\ The Agency did not 
receive any comments during the public comment period, and EPA 
finalized that action on December 16, 2016.\8\ Furthermore, on March 2, 
2022, Shelby County, through the State of Tennessee, submitted a SIP 
revision in response to the 2015 SSM SIP Call to address the 
deficiencies that EPA identified. EPA is currently evaluating this SIP 
revision and is still within its CAA section 110(k) statutory timeframe 
to conduct this evaluation and process this SIP revision (i.e., the 
deadline is September 2, 2023, in this case).
---------------------------------------------------------------------------

    \7\ See 81 FR 65313.
    \8\ See 81 FR 91033.
---------------------------------------------------------------------------

    Comment 5: The Commenter states that EPA should take immediate 
steps to promulgate a FIP within 24 months of this final rulemaking, 
citing to the portion of CAA section 110(c)(1) that requires EPA to 
promulgate a FIP within two years after it disapproves a SIP submission 
in whole or in part.

[[Page 41033]]

    Response 5: EPA acknowledges this comment and recognizes the 
Agency's statutory obligation to promulgate a FIP within 24 months of a 
final disapproval of a SIP submission unless the State corrects the 
deficiency, and EPA approves the plan or plan revision, before EPA 
promulgates the FIP. This comment is no longer within the scope of 
EPA's action because the proposed disapproval related to a portion of 
the submittal that was subsequently withdrawn and because EPA is 
therefore not finalizing the proposed disapproval in this action.

III. Final Action

    EPA is approving changes to Chapter 1200-3-20 of the Tennessee SIP, 
as submitted on November 19, 2016, and supplemented on January 20, 
2023. Specifically, EPA is approving the changes to Rule 1200-3-20-.01, 
``Purpose''; Rule 1200-3-20-.02, ``Reasonable Measures Required''; Rule 
1200-3-20-.06, ``Report Required Upon the Issuance of Notice of 
Violation,'' renumbered from 1200-3-20-.07, except for 1200-3-
20-.06(1), 1200-3-20-.06(4), and 1200-3-20-.06(5); Rule 1200-3-20-.07, 
``Special Reports Required,'' renumbered from 1200-3-20-.08; Rule 1200-
3-20-.08, ``Rights Reserved,'' renumbered from 1200-3-20-.09; and Rule 
1200-3-20-.09, ``Additional Source Covered,'' renumbered from 1200-3-
20-.10. EPA is also approving the removal of Rule 1200-3-20-.06, 
``Scheduled Maintenance.''

IV. Incorporation by Reference

    In this document, EPA is finalizing 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 finalizing the incorporation by reference into the Tennessee SIP 
Rules 1200-3-20-.01, ``Purpose,'' State effective on September 26, 
1994; 1200-3-20-.02, ``Reasonable Measures Required,'' State effective 
on November 11, 1997; \9\ 1200-3-20-.06, ``Report Required Upon the 
Issuance of a Notice of Violation,'' State effective on November 16, 
2016, except for 1200-3-20-.06(1), 1200-3-20-.06(4), and 1200-3-
20-.06(5); 10 11 1200-3-20-.07, ``Special Reports 
Required,'' State effective on September 26, 1994; \12\ 1200-3-20-.08, 
``Rights Reserved,'' State effective on September 26, 1994; \13\ and 
1200-3-20-.09, ``Additional Sources Covered,'' State effective on 
September 26, 1994.\14\ Also in this document, EPA is finalizing the 
removal of Rule 1200-3-20-.06, ``Scheduled Maintenance,'' \15\ which is 
incorporated by reference in accordance with the requirements of 1 CFR 
part 51. EPA has made, and will continue to make the State 
Implementation Plan generally available through the EPA Region 4 Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information). Therefore, the 
revised materials as stated above 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 
partial approval and will be incorporated by reference in the next 
update to the SIP compilation.\16\
---------------------------------------------------------------------------

    \9\ The effective date of the change to Rule 1200-3-20-.02, 
``Reasonable Measures Required,'' is September 26, 1994. However, 
for purposes of the state effective date included at 40 CFR 
52.570(c), that change to Tennessee's rule is captured and 
superseded by changes which were state effective on November 11, 
1997, and which EPA previously approved on April 7, 2017. See 82 FR 
16927.
    \10\ EPA is not incorporating into the Tennessee SIP the 
following provisions of Rule 1200-03-20-.06: 1200-03-20-.06(1), 
1200-03-20-.06(4), and 1200-03-20-.06(5).
    \11\ As explained in Section I, with the removal of Rule 1200-3-
20-.06, Rule 1200-3-20-.07 is being renumbered to 1200-3-20-.06 in 
the SIP for those provisions of Rule 1200-3-20-.06 (State effective 
on November 16, 2016) that EPA is approving in this action. Because 
EPA is not acting on Rules 1200-3-20-.06(1) and (4) (formerly part 
of 1200-3-20-.07(1) and all of 1200-3-20-.07(3), respectively), the 
corresponding portions of Rule 1200-3-20-.07 (which are the first 
sentence of 1200-3-20-.07(1) and the entirety of 1200-3-20-.07(3)), 
State effective on March 21, 1979, are retained in the Tennessee 
SIP.
    \12\ As explained in Section I, with the removal of 1200-3-
20-.06, 1200-3-20-.08 is being renumbered to 1200-3-20-.07.
    \13\ As explained in Section I, with the removal of 1200-3-
20-.06, 1200-3-20-.09 is being renumbered to 1200-3-20-.08.
    \14\ As explained in Section I, with the removal of 1200-3-
20-.06, 1200-3-20-.10 is being renumbered to 1200-3-20-.09.
    \15\ As explained in Section I, while 1200-3-20-.06, ``Scheduled 
Maintenance,'' is being removed from the SIP, other rules codified 
as 1200-3-20-.07 through .10 are being renumbered as 1200-3-20-.06 
through .09.
    \16\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. This action merely 
approves state law as 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); and
     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.
    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, this action 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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation,

[[Page 41034]]

and enforcement of environmental laws, regulations, and policies.'' EPA 
further defines the term fair treatment to mean that ``no group of 
people should bear a disproportionate burden of environmental harms and 
risks, including those resulting from the negative environmental 
consequences of industrial, governmental, and commercial operations or 
programs and policies.''
    TDEC did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.
    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 August 22, 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).

List of Subjects in 40 CFR Part 52

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

Jeaneanne Gettle,
Acting 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. In Sec.  52.2220, in paragraph (c), table 1 is amended under 
``Chapter 1200-3-20 Limits on Emissions Due to Malfunctions, Start-ups, 
and Shutdowns'' by:
0
a. Revising the entries for Section 1200-3-20-.01, Section 1200-3-
20-.02, Section 1200-3-20-.06, Section 1200-3-20-.07, Section 1200-3-
20-.08, and Section 1200-3-20-.09; and
0
b. Removing the entry for Section 1200-3-20-.10.
    The revisions read as follows:


Sec.  52.2220   Identification of plan.

* * * * *
    (c) * * *

                                   Table 1--EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
               CHAPTER 1200-3-20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 1200-3-20-.01............  Purpose............       9/26/1994  6/23/2023, [Insert   ...................
                                                                         citation of
                                                                         publication].
Section 1200-3-20-.02............  Reasonable Measures      11/11/1997  6/23/2023, [Insert   ...................
                                    Required.                            citation of
                                                                         publication].
 
                                                  * * * * * * *
Section 1200-3-20-.06............  Report Required          11/16/2016  6/23/2023, [Insert   Except for
                                    Upon the Issuance                    citation of          paragraphs (1),
                                    of Notice of                         publication].        (4), and (5).
                                    Violation.
Section 1200-3-20-.07............  Report Required           3/21/1979  2/6/1980, 45 FR      Except for the
                                    Upon the Issuance                    8004.                second and third
                                    of Notice of                                              sentences of
                                    Violation.                                                paragraph (1)
                                                                                              (``The owner . . .
                                                                                              20 day period.'')
                                                                                              and the entirety
                                                                                              of paragraph (2).
                                   Special Reports           9/26/1994  6/23/2023, [Insert   ...................
                                    Required.                            citation of
                                                                         publication].
Section 1200-3-20-.08............  Rights Reserved....       9/26/1994  6/23/2023, [Insert   ...................
                                                                         citation of
                                                                         publication].
Section 1200-3-20-.09............  Additional Sources        9/26/1994  6/23/2023, [Insert   ...................
                                    Covered.                             citation of
                                                                         publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 41035]]

* * * * *
[FR Doc. 2023-13465 Filed 6-22-23; 8:45 am]
BILLING CODE 6560-50-P


