[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28568-28577]
[FR Doc No: 2018-13144]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0542; FRL-9979-65--Region 4]

Air Plan Approval; Tennessee: Knox County NSR Reform

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve several Tennessee State Implementation Plan (SIP) revisions
submitted by the Tennessee Department of Environment & Conservation
(TDEC), on behalf of Knox County's Air Quality Management Division, on
March 7, 2017, and April 17, 2017. The SIP revisions modify the
Prevention of Significant Deterioration (PSD) and Nonattainment New
Source Review (NNSR) regulations in the Knox County portion of the
Tennessee SIP to address changes to the federal new source review (NSR)
regulations in recent years for the implementation of the national
ambient air quality standards (NAAQS). Additionally, the SIP revisions
include updates to Knox County's minor source permitting regulations.
This action is being proposed pursuant to the Clean Air Act (CAA or
Act).

DATES: Comments must be received on or before July 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. FDMS
Docket ID Number EPA-R04-OAR-2017-0542 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: Andres Febres of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Febres can also
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing?
II. Background
    A. 2002 NSR Reform Rules
    B. PM2.5 NAAQS
    1. Implementation of NSR for the PM2.5 NAAQS and
Grandfathering Provisions
    2. PM2.5 Condensables Correction Rule
    3. PM2.5 Subpart 4 Litigation
    4. PM2.5 PSD-Increments-SILs-SMC Rule
    C. 1997 8-Hour Ozone NAAQS Phase 2 Rule
    D. Greenhouse Gases and Plant-wide Applicability Limits
    E. Equipment Replacement Provisions
III. Analysis of State's Submittal
    A. Tennessee's March 7, 2017, NNSR and PSD Submittals
    1. Definition of ``Baseline Actual Emissions''
    2. Fugitive Emissions Rule
    3. GHG Tailoring Rule
    B. Tennessee's April 17, 2017, NNSR Changes
    C. Tennessee's April 17, 2017, Minor Source Permit Changes
IV. Incorporation by Reference
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing?

    EPA is proposing to approve changes to the Knox County portion of
the Tennessee SIP regarding PSD and NNSR permitting, as well as updates
to minor NSR, submitted by TDEC on behalf of Knox County's Air Quality
Management Division. On March 7, 2017, Tennessee submitted two SIP
revisions updating Knox County's Air Quality Management Regulations,
Section 41.0 entitled ``Regulations for the Review of New Sources,''
and Section 45.0 entitled ``Prevention of Significant Deterioration.''
On April 17, 2017, Tennessee submitted two additional SIP revisions,
including additional changes to Section 41, and updates to Section 25.0
entitled ``Permits.'' These SIP revisions are meant to address changes
to the federal NSR regulations, as promulgated by EPA in various rules,
and described below. EPA is proposing to approve the aforementioned SIP
submittals in their entirety. Additional detail on the analysis of
these SIP submittals and our reasoning for proposing to approve them is
presented below.

II. Background

A. 2002 NSR Reform Rules

    On December 31, 2002, EPA published final rule revisions to title
40 Code of Federal Regulations (CFR) parts 51 and 52, regarding the
CAA's PSD and NNSR programs. See 67 FR 80186 (hereinafter referred to
as the 2002 NSR Rule). The revisions included five changes to the major
NSR program that would reduce burden, maximize operating flexibility,
improve environmental quality, provide additional certainty, and
promote administrative efficiency. These elements included baseline
actual emissions, actual-to-projected-actual emissions methodology,
plant-wide applicability limits (PALs), Clean Units, and pollution
control projects (PCPs). The final rule also codified a longstanding
policy regarding the calculation of baseline emissions for electric
utility steam generating units and the definition of ``regulated NSR
pollutant'' that clarifies which pollutants are regulated under the Act
for purposes of major NSR.
    Following publication of the 2002 NSR Rule, EPA received numerous
petitions requesting reconsideration of several aspects of the final
rule, along with portions of EPA's 1980 NSR Rules. See 45 FR 52676
(August 7, 1980). On July 30, 2003, EPA granted petitions for
reconsideration of six issues presented by the petitioners and opened a
new comment period for the public.\1\ As a result of the
reconsideration, on November 7, 2003 (68 FR 63021), EPA published the
NSR Reform Reconsideration Rule. In the reconsideration rule, EPA made
a final determination not to change any of the six issues opened for
reconsideration, but did make two clarifications to the rule. These two
clarifications included: (1) Adding the definition of ``replacement
unit'' to indicate that it is considered an existing unit in terms of
major NSR applicability, and (2) specifying that the PAL baseline
calculation procedures for newly constructed units do not apply to
modified units. The 2002 NSR Rule and the NSR Reform Reconsideration
Rule are hereinafter collectively referred to as the ``2002 NSR Reform
Rules.''
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    \1\ For full details on the six issues reconsidered by EPA,
refer to the July 30, 2003 (68 FR 44624) document.
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    The 2002 NSR Reform Rules were challenged in the U.S. Court of
Appeals for the District of Columbia Circuit (D.C. Circuit), and the
court issued a decision on the challenges on June 24, 2005. See New
York v. United States, 413 F.3d 3 (D.C. Cir. 2005). In summary, the
D.C. Circuit vacated portions of EPA's NSR rules pertaining to Clean
Units and PCPs, remanded a portion of the rules regarding recordkeeping
and the term ``reasonable possibility'' found in 40 CFR 52.21(r)(6), 40
CFR 51.166(r)(6), and 40 CFR 51.165(a)(6) to EPA, and either upheld or
did not comment on the other provisions included as part of the 2002
NSR Reform Rules. On June 13, 2007 (72 FR 32526), EPA took final action
to revise the 2002 NSR Reform Rules to exclude the portions that were
vacated by the D.C. Circuit.
    Meanwhile, EPA continued to move forward with its evaluation of the
portion of its NSR Reform Rules that were remanded by the D.C. Circuit.
On March 8, 2007 (72 FR 10445), EPA responded to the Court's remand
regarding the recordkeeping provisions by proposing two alternative
options to clarify what constitutes ``reasonable possibility'' and when
the ``reasonable possibility'' recordkeeping requirements apply. The
``reasonable possibility'' standard identifies the circumstances under
which a major stationary source must keep records for modifications
that do not trigger major NSR. EPA later finalized these changes on
December 21, 2007 (72 FR 72607).
    Separately from the petitions received that led to the 2002 NSR
Reconsideration Rule, EPA received another petition for reconsideration
on July 11, 2003. Specifically, the petitioner requested EPA to
reconsider the inclusion of ``fugitive emissions'' when assessing
whether a proposed physical or operational change qualified as a
``major modification.'' On November 13, 2007, EPA granted the petition
for reconsideration, and on December 19, 2008, finalized the revision
of the language to clarify which types of sources were required to
include ``fugitive emissions'' in their calculations. See 73 FR 77882
(hereinafter referred to as the Fugitive Emissions Rule).
    Finally, on February 17, 2009, EPA received one additional petition
challenging the Fugitive Emissions Rule. Due to this petition, and
after

several stays,\2\ EPA established an interim stay on March 30, 2011 (76
FR 17548), in which most of the Fugitive Emissions Rule language was
stayed indefinitely. With the March 30, 2011, stay, EPA specified which
portions of 40 CFR 51.165, 40 CFR 51.166, and 40 CFR 52.21 were stayed
indefinitely, which were reinstated, and which were revised, in order
to revert the federal rules to regulatory language that existed prior
to the Fugitive Emissions Rule.
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    \2\ EPA originally established a three-month stay that became
effective September 30, 2009 (74 FR 50115), which was later extended
for an additional three months, effective December 31, 2009 (74 FR
65692). In order to allow for more time for the reconsideration and
for public comment on any potential revisions to the Fugitive
Emissions Rule, EPA established a longer 18-month stay that became
effective on March 31, 2010 (75 FR 16012).
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    In summary, after several court decisions and public petitions, the
federal major NSR program (found in 40 CFR 51.165, 51.166, and 52.21)
no longer includes the provisions related to Clean Units or PCPs that
were part of the 2002 NSR reform rules. Additionally, an indefinite
stay has been placed on the language related to the Fugitive Emissions
Rule. Knox County is adopting all of the surviving provisions from the
2002 NSR Reform Rules, and is not adopting all those provisions that
were either vacated or stayed indefinitely. More details on Knox
County's adoption of the 2002 NSR Reform Rules and our analysis of its
submittals can be found in section III below.

B. PM2.5 NAAQS

1. Implementation of NSR for the PM2.5 NAAQS and
Grandfathering Provisions
    On May 16, 2008 (73 FR 28321), EPA published the ``Implementation
of the New Source Review (NSR) Program for Particulate Matter Less than
2.5 Micrometers (PM2.5)'' Final Rule (hereinafter referred
to as the NSR PM2.5 Rule). The 2008 NSR PM2.5
Rule revised the NSR program requirements to establish the framework
for implementing preconstruction permit review for the PM2.5
NAAQS in both attainment and nonattainment areas. As indicated in the
2008 NSR PM2.5 Rule, major stationary sources seeking
permits must begin directly satisfying the PM2.5
requirements, as of the effective date of the rule, rather than relying
on PM10 as a surrogate, with two exceptions. The first
exception was a ``grandfathering'' provision in the federal PSD program
at 40 CFR 52.21(i)(1)(xi). This grandfathering provision applied to
sources that had applied for, but had not yet received, a final and
effective PSD permit before the July 15, 2008, effective date of the
May 2008 final rule. The second exception was that states with SIP-
approved PSD programs could continue to implement a policy in which
PM10 served as a surrogate for PM2.5 for up to
three years (until May 2011) or until the individual revised state PSD
programs for PM2.5 are approved by EPA, whichever came
first.\3\
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    \3\ After EPA promulgated the NAAQS for PM2.5 in
1997, the Agency issued a guidance document entitled ``Interim
Implementation of New Source Review Requirements for
PM2.5,'' which allows for the regulation of
PM10 as a surrogate for PM2.5 until
significant technical issues were resolved (the ``PM10
Surrogate Policy''). John S. Seitz, EPA, October 23, 1997.
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    On February 11, 2010 (75 FR 6827), EPA proposed to repeal the
grandfathering provision for PM2.5 contained in the federal
PSD program at 40 CFR 52.21(i)(1)(xi) and to end early the
PM10 Surrogate Policy applicable in states that have a SIP-
approved PSD program. In support of this proposal, EPA explained that
the PM2.5 implementation issues that led to the adoption of
the PM10 Surrogate Policy in 1997 had been largely resolved
to a degree sufficient for sources and permitting authorities to
conduct meaningful permit-related PM2.5 analyses. On May 18,
2011 (76 FR 28646), EPA took final action to repeal the
PM2.5 grandfathering provision at 40 CFR 52.21(i)(1)(xi).
This final action ended the use of the 1997 PM10 Surrogate
Policy for PSD permits under the federal PSD program at 40 CFR 52.21.
In effect, any PSD permit applicant previously covered by the
grandfathering provision (for sources that completed and submitted a
permit application before July 15, 2008) \4\ that did not have a final
and effective PSD permit before the effective date of the repeal will
not be able to rely on the 1997 PM10 Surrogate Policy to
satisfy the PSD requirements for PM2.5 unless the
application includes a valid surrogacy demonstration.
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    \4\ Sources that applied for a PSD permit under the federal PSD
program on or after July 15, 2008, are already excluded from using
the 1997 PM10 Surrogate Policy as a means of satisfying
the PSD requirements for PM2.5. See 73 FR 28321.
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    The NSR PM2.5 Rule also established the following NSR
requirements to implement the PM2.5 NAAQS: (1) Required NSR
permits to address directly emitted PM2.5 and precursor
pollutants; (2) established significant emission rates for direct
PM2.5 and precursor pollutants (including sulfur dioxide
(SO2) and oxides of nitrogen (NOX)); (3)
established PM2.5 emission offsets; and (4) required states
to account for gases that condense to form particles (``condensables'')
in PM2.5 and PM10 emission limits in PSD or NNSR
permits. In addition, the NSR PM2.5 Rule gives states the
option of allowing interpollutant trading for the purpose of precursor
offsets under the PM2.5 NNSR program.\5\ Knox County did not
adopt this optional interpollutant trading in its March 7, 2017, nor
April 17, 2017, SIP revisions. Knox County is thereby being consistent
with the State, since Tennessee does not currently have this
interpollutant trading approved into its SIP.
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    \5\ On July 21, 2011, as a result of reconsidering the
interpollutant trading (IPT) policy, EPA issued a memorandum
indicating that the existing preferred precursor offset ratios
associated with the IPT policy and promulgated in the NSR
PM2.5 Rule were no longer considered approvable. The
memorandum stated that any PM2.5 precursor offset ratio
submitted as part of the NSR SIP for PM2.5 nonattainment
areas would need to be accompanied by a technical demonstration
exhibiting how the ratios are suitable for that particular
nonattainment area. See Memorandum from Gina McCarthy to Regional
Air Division Directors, ``Revised Policy to Address Reconsideration
of Interpollutant Trading Provisions for Fine Particles
(PM2.5)'' (July 21, 2011) (available at https://www3.epa.gov/scram001/guidance/clarification/pm25trade.pdf).
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2. PM2.5 Condensables Correction Rule
    Among the changes included in the 2008 NSR PM2.5 Rule
mentioned above, the EPA revised the definition of ``regulated NSR
pollutant'' for PSD to add a paragraph providing that ``particulate
matter (PM) emissions, PM2.5 emissions and PM10
emissions shall include gaseous emissions from a source or activity
which condense to form particulate matter at ambient temperatures'' and
that on or after January 1, 2011, ``such condensable particulate matter
shall be accounted for in applicability determinations and in
establishing emissions limitations for PM, PM2.5 and
PM10 in permits.'' See 73 FR 28321 at 28348 (May 16, 2008).
A similar paragraph added to the NNSR rule did not include
``particulate matter (PM) emissions.'' See 40 CFR
51.165(a)(1)(xxxvii)(D).
    On October 25, 2012 (77 FR 65107), EPA took final action to amend
the definition, promulgated in the 2008 NSR PM2.5 Rule, of
``regulated NSR pollutant'' contained in the PM condensable provision
at 40 CFR 51.166(b)(49)(vi), 52.21(b)(50)(i) and appendix S to 40 CFR
part 51 (hereinafter referred to as the PM2.5 Condensables
Correction Rule). The PM2.5 Condensables Correction Rule
removed the inadvertent requirement in the 2008 NSR PM2.5
Rule that the measurement of condensable particulate matter be included
as part of the measurement and regulation of ``particulate matter
emissions'' under the PSD program. The term ``particulate

matter emissions'' includes only filterable particles that are larger
than PM2.5 and larger than PM10.
3. PM2.5 Subpart 4 Litigation
    On January 4, 2013, the D.C. Circuit issued a judgment \6\ that
remanded EPA's April 25, 2007 \7\ and May 16, 2008 PM2.5
implementation rules implementing the 1997 PM2.5 NAAQS. See
Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.
2013). The Court found that because the statutory definition of
PM10 (see section 302(t) of the CAA) included particulate
matter with an aerodynamic diameter less than or equal to 10
micrometers, it necessarily includes PM2.5. EPA had
developed the 2007 and 2008 Rules (or NSR PM2.5 Rule)
consistent with the general nonattainment area (NAA) requirements of
subpart 1 of Part D, title I, of the CAA. Relative to subpart 1,
subpart 4 of Part D, title I includes additional provisions that apply
to PM10 NAAs and is more specific about what states must do
to bring areas into attainment. In particular, subpart 4 includes
section 189(e) of the CAA, which requires the control of major
stationary sources of PM10 precursors (and hence under the
court decision, PM2.5 precursors) ``except where the
Administrator determines that such sources do not contribute
significantly to PM10 levels which exceed the standard in
the area.'' The court ordered EPA to re-promulgate the 1997
PM2.5 implementation rules pursuant to subpart 4, rather
than subpart 1.
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    \6\ The Natural Resources Defense Council, Sierra Club, American
Lung Association, and Medical Advocates for Healthy Air challenged
before the D.C. Circuit EPA's April 25, 2007 Rule entitled ``Clean
Air Fine Particle Implementation Rule'' (72 FR 20586), which
established detailed implementation regulations to assist states
with the development of SIPs to demonstrate attainment for the 1997
annual and 24-hour PM2.5 NAAQS and the separate May 16,
2008 NSR PM2.5 Rule (which is considered in this proposed
rulemaking). This proposed rulemaking only pertains to the impacts
of the Court's decision on the May 16, 2008 NSR PM2.5
Rule and not the April 25, 2007 implementation rule as the State's
May 2, 2011 SIP revision adopts the NSR permitting provisions
established in the NSR PM2.5 Rule.
    \7\ This rule is entitled ``Clean Air Fine Particle
Implementation Rule,'' Final Rule, 72 FR 20586 (hereinafter referred
to as the 2007 Rule).
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    On June 2, 2014 (79 FR 31566), EPA published a final rule \8\
which, in part, set a December 31, 2014, deadline for states to make
any remaining required attainment-related and NNSR SIP submissions,
pursuant to and considering the application of subpart 4. Requirements
under subpart 4 for a moderate NAA are generally comparable to subpart
1, including: (1) CAA section 189(a)(1)(A) (NNSR permit program); (2)
section 189(a)(1)(B) (attainment demonstration or demonstration that
attainment by the applicable attainment date is impracticable); (3)
section 189(a)(1)(C) (reasonably available control measures (RACM) and
reasonably available control technology (RACT)); and (4) section 189(c)
(reasonable further progress and quantitative milestones). The
additional requirements pursuant to subpart 4 as opposed to subpart 1
correspond to section 189(e) (precursor requirements for major
stationary sources). Further additional SIP planning requirements are
introduced by subpart 4 in the case that a moderate NAA is reclassified
to a serious NAA, or in the event that the moderate NAA needs
additional time to attain the NAAQS. The additional requirements under
subpart 4 are not applicable for the purposes of CAA section
107(d)(3)(E) in any area that has submitted a complete redesignation
request prior to the due date for those requirements. As discussed
below, the Knoxville Area \9\ has since been redesignated to attainment
for the PM2.5 NAAQS.
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    \8\ The rule is entitled ``Identification of Nonattainment
Classification and Deadlines for Submission of State Implementation
Plan (SIP) Provisions for the 1997 Fine Particle (PM2.5)
National Ambient Air Quality Standard (NAAQS) and 2006
PM2.5 NAAQS'', Final Rule, 79 FR 31566 (June 2, 2014).
This final rule also identifies the initial classification of
current 1997 and 2006 PM2.5 nonattainment areas as
moderate and the EPA guidance and relevant rulemakings that are
currently available regarding implementation of subpart 4
requirements.
    \9\ The ``Knoxville Area'' refers to the NAA for the 1997 and
2006 PM2.5 NAAQS, which has since been redesignated. The
area was comprised of the entire Anderson, Blount, Knoxville, and
Loudon Counties, as well as a portion of Roane County, in Tennessee.
This NAA was also referred to as the Knoxville-Sevierville-La
Follette, Tennessee Area.
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4. PM2.5 PSD-Increment-SILs-SMC Rule
    On October 20, 2010 (75 FR 64863), EPA published a final rulemaking
entitled ``Prevention of Significant Deterioration (PSD) for
Particulate Matter less than 2.5 Micrometers (PM2.5),''
amending the requirements for PM2.5 under the federal PSD
program (also referred to as the PM2.5 PSD-Increments-SILs-
SMC Rule). The October 20, 2010, final rulemaking established the
following: (1) PM2.5 increments pursuant to section 166(a)
of the CAA to prevent significant deterioration of air quality in areas
meeting the NAAQS; (2) PM2.5 Significant Impact Levels
(SILs) for PSD and NNSR; and (3) Significant Monitoring Concentration
(SMC) for PSD purposes.
    Subsequently, in response to a challenge to the PM2.5
SILs and SMC provisions of the PM2.5 PSD-Increment-SILs-SMC
Rule, the D.C. Circuit vacated and remanded to EPA the portions of the
rule addressing PM2.5 SILs, except for the PM2.5
SILs promulgated in EPA's NNSR rules at 40 CFR 51.165(b)(2). See Sierra
Club v. EPA, 705 F.3d 458, 469 (D.C. Cir. 2013). The D.C. Circuit also
vacated the parts of the rule establishing a PM2.5 SMC for
PSD purposes. Id. EPA removed these vacated provisions in a December 9,
2013 (78 FR 73698), final rule.
    The PM2.5 SILs promulgated in EPA's NNSR regulations at
40 CFR 51.165(b)(2) were not vacated by the D.C. Circuit because unlike
the SILs promulgated in the PSD regulations (40 CFR 51.166, 52.21), the
SILs promulgated in the NNSR regulations at 40 CFR 51.165(b)(2) do not
serve to exempt a source from conducting a cumulative air quality
analysis. Rather, the SILs promulgated at 40 CFR 51.165(b)(2) establish
levels at which a proposed new major source or major modification
located in an area designated as attainment or unclassifiable for any
NAAQS would be considered to cause or contribute to a violation of a
NAAQS in any area. For this reason, the D.C. Circuit left the
PM2.5 SILs at 40 CFR 51.165(b)(2) in place.
    Consistent with the D.C. Circuit decision, and EPA's removal, Knox
County did not adopt these vacated portions of the PM2.5
PSD-Increment-SILs-SMC Rule, regarding the PM2.5 SILs and
SMC provisions for PSD permitting. Knox County did adopt the remaining
portions of the PM2.5 PSD-Increment-SILs-SMC Rule, which
includes the PM2.5 PSD Increments and the NNSR portion of
the PM2.5 SILs provisions.

C. 1997 8-Hour Ozone NAAQS Phase 2 Rule

    On November 29, 2005 (70 FR 71612), EPA published a final rule
entitled ``Final Rule To Implement the 8-Hour Ozone National Ambient
Air Quality Standard--Phase 2; Final Rule To Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention of
Significant Deterioration as They Apply in Carbon Monoxide, Particulate
Matter and Ozone NAAQS; Final Rule for Reformulated Gasoline''
(hereinafter referred to as the Phase 2 Rule). The Phase 2 Rule
addressed control and planning requirements as they applied to areas
designated nonattainment for the 1997 8-hour ozone NAAQS \10\ such as

reasonably available control technology, reasonably available control
measures, reasonable further progress, modeling and attainment
demonstrations, NSR, and the impact to reformulated gasoline for the
1997 8-hour ozone NAAQS transition. The NSR permitting requirements
established in the rule included the following provisions: (1)
Recognized NOX as an ozone precursor for PSD purposes; (2)
established major stationary thresholds (marginal, moderate, serious,
severe, and extreme NAA classifications) in the NNSR rules; (3)
established significant emission rates for the 8-hour ozone,
PM10 and carbon monoxide NAAQS; and (4) revised the criteria
for crediting emission reductions credits from operation shutdowns and
curtailments as offsets, and changes to offset ratios for marginal,
moderate, serious, severe, and extreme ozone NAA.
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    \10\ On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour
ozone NAAQS. On April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment and unclassifiable for the
1997 8-hour ozone NAAQS. In addition, on April 30, 2004 (69 FR
23951), as part of the framework to implement the 1997 8-hour ozone
NAAQS, EPA promulgated an implementation rule in two phases (Phase I
and II). The Phase I Rule (effective on June 15, 2004), provided the
implementation requirements for designating areas under subpart 1
and subpart 2 of the CAA.
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    The March 7, 2017, SIP submittals requesting adoption of Knox
County regulations 41 and 45 adopt all the NSR provisions of the Phase
2 Rule as they appear in the federal NNSR and PSD rules, effectively
recognizing NOX as a precursor to ozone as well as
establishing major stationary thresholds, significant emission rates,
and offset ratios. The adoption of these provisions is consistent with
the federal NSR rules as well as TDEC's rules.

D. Greenhouse Gases and Plant-Wide Applicability Limits

    On January 2, 2011, emissions of greenhouse gases (GHGs) were, for
the first time, covered by the PSD and title V operating permit
programs.\11\ To establish a process for phasing in the permitting
requirements for stationary sources of GHGs under the CAA PSD and title
V programs, on June 3, 2010 (75 FR 31514), the EPA published a final
rule entitled ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule'' (hereinafter referred to as the GHG
Tailoring Rule). In Step 1 of the GHG Tailoring Rule, which began on
January 2, 2011, the EPA limited application of PSD and title V
requirements to sources of GHG emissions only if they were subject to
PSD or title V ``anyway'' due to their emissions of pollutants other
than GHGs. These sources are referred to as ``anyway sources.''
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    \11\ See the rule entitled ``Reconsideration of Interpretation
of Regulations that Determine Pollutants Covered by Clean Air Act
Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010).
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    In Step 2 of the GHG Tailoring Rule, which applied as of July 1,
2011, the PSD and title V permitting requirements applied to some
sources that were classified as major sources based solely on their GHG
emissions or potential to emit GHGs. Step 2 also applied PSD permitting
requirements to modifications of otherwise major sources that would
increase only GHG emissions above the level in the EPA regulations. EPA
generally described the sources covered by PSD during Step 2 of the GHG
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
    Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012
(77 FR 41051). In this rule, EPA decided against further phase-in of
the PSD and title V requirements for sources emitting lower levels of
GHG emissions. Thus, the thresholds for determining PSD applicability
based on emissions of GHGs remained the same as established in Step 2
of the Tailoring Rule.
    In addition, the July 12, 2012 (77 FR 41051), final rule revised
EPA regulations under 40 CFR part 52 for establishing PALs for GHG
emissions. A PAL establishes a site-specific plantwide emission level
for a pollutant that allows the source to make changes at the facility
without triggering the requirements of the PSD program, provided that
emissions do not exceed the PAL level. Under EPA's interpretation of
the federal PAL provisions, such PALs are already available under PSD
for non-GHG pollutants and for GHGs on a mass basis. EPA revised the
PAL regulations to allow for GHG PALs to be established on a carbon
dioxide equivalent (CO2e) \12\ basis as well. EPA finalized
these changes in an effort to streamline federal and SIP PSD permitting
programs by allowing sources and permitting authorities to address GHGs
using PALs in a manner similar to the use of PALs for non-GHG
pollutants.
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    \12\ CO2 equivalent (CO2e) emissions
refers to emissions of six recognized GHGs other than CO2
which are scaled to equivalent CO2 emissions by relative
global warming potential values, then summed with CO2 to
determine a total equivalent emissions value. See 40 CFR
51.166(b)(48)(ii) and 52.21(b)(49)(ii).
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    On June 23, 2014, the U.S. Supreme Court addressed the application
of stationary source permitting requirements to GHG emissions in
Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The
Supreme Court upheld EPA's regulation of Step 1--or ``anyway''
sources--but held that EPA may not treat GHGs as air pollutants for the
purposes of determining whether a source is a major source (or a
modification thereof) and thus require the source to obtain a PSD or
title V permit. Therefore, the Court invalidated PSD and title V
permitting requirements for Step 2 sources.
    In accordance with the Supreme Court decision, on April 10, 2015,
the D.C. Circuit issued an Amended Judgment vacating the regulations
that implemented Step 2 of the GHG Tailoring Rule, but not the
regulations that implement Step 1 of the GHG Tailoring Rule. Coalition
for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir.
2015). With respect to Step 2 sources, the D.C. Circuit's Judgment
vacated the EPA regulations under review (including 40 CFR
51.166(b)(48)(v) and 40 CFR 52.21(b)(49)(v)) ``to the extent they
require a stationary source to obtain a PSD permit if greenhouse gases
are the only pollutant (i) that the source emits or has the potential
to emit above the applicable major source thresholds, or (ii) for which
there is a significant emissions increase from a modification.'' Id. at
7-8.
    EPA promulgated a final rule on August 19, 2015, entitled
``Prevention of Significant Deterioration and Title V Permitting for
Greenhouse Gases: Removal of Certain Vacated Elements.'' See 80 FR
50199 (August 19, 2015). The rule removed from the Federal regulations
the portions of the PSD permitting provisions for Step 2 sources that
were vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and
52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct
PSD permitting for Step 2 sources, nor can EPA approve provisions
submitted by a state for inclusion in its SIP providing this authority.
In addition, on October 3, 2016 (81 FR 68110), EPA proposed to revise
provisions in the PSD permitting regulations applicable to GHGs to
fully conform with UARG and the Amended Judgment, but those revisions
have not been finalized.
    In Tennessee's March 7, 2017, and April 17, 2017, SIP submittals,
Knox County adopts Step 1 of the GHG Tailoring Rule only. It does not
adopt the language pertaining to the Step 2, nor Step 3. This is
consistent with Tennessee's rules which do not adopt Step 3 provisions
and which include an automatic rescission clause that renders the Step
2 language ineffective at the state level due to the vacatur of Step 2
by the D.C. Circuit.

E. Equipment Replacement Provisions

    Under Federal regulations, certain activities are not considered to
be a physical change or a change in the method of operation at a
source, and thus do not trigger NSR review. One category of such
activities is routine maintenance, repair and replacement (RMRR). On
October 27, 2003 (68 FR 61248), EPA published a rule titled
``Prevention of Significant Deterioration (PSD) and Non-Attainment New
Source Review (NSR): Equipment Replacement Provision of the Routine
Maintenance, Repair and Replacement Exclusion'' (hereinafter referred
to as the ERP Rule). The ERP Rule provided criteria for determining
whether an activity falls within the RMRR exemption. The ERP Rule
provided a list of equipment replacement activities that are exempt
from NSR permitting requirements, while ensuring that industries
maintain safe, reliable, and efficient operations that will have little
or no impact on emissions. Under the ERP Rule, a facility undergoing
equipment replacement would not be required to undergo NSR review if
the facility replaced any component of a process unit with an identical
or functionally equivalent component. The rule included several
modifications to the NSR rules to explain what would qualify as an
identical or functionally equivalent component.
    Shortly after the October 27, 2003, rulemaking, several parties
filed petitions for review of the ERP Rule in the D.C. Circuit. The
D.C. Circuit stayed the effective date of the rule pending resolution
of the petitions. A collection of environmental groups, public interest
groups, and States, subsequently filed a petition for reconsideration
with EPA, requesting that the Agency reconsider certain aspects of the
ERP Rule. EPA granted the petition for reconsideration on July 1, 2004
(69 FR 40278).\13\ After the reconsideration, EPA published its final
response on June 10, 2005 (70 FR 33838), which stated that the Agency
would not change any aspects of the ERP. On March 17, 2006, the D.C.
Circuit acted on the petitions for review and vacated the ERP Rule.\14\
Knox County did not adopt the vacated language from the ERP Rule in
Tennessee's March 7, 2017, nor April 17, 2017, SIP submittals.
---------------------------------------------------------------------------

    \13\ The reconsideration granted by EPA opened a new 60-day
public comment period, and carried out a new public hearing, only on
three issues of the ERP. These three issues included: (1) The basis
for determining that the ERP was allowable under the CAA; (2) The
basis for selecting the cost threshold (20 percent of the
replacement cost of the process unit) that was used in the final
rule to determine if a replacement was routine; and (3) A simplified
procedure for incorporating a Federal Implementation Plan into State
Plans to accommodate changes to the NSR rules.
    \14\ New York v. EPA, 443 F.3d 880 (D.C. Cir. 2006).
---------------------------------------------------------------------------

III. Analysis of State's Submittal

A. Tennessee's March 7, 2017, NNSR and PSD Submittals

    Knox County currently has a SIP-approved NSR program for new and
modified stationary sources, including preconstruction regulations for
PSD found in Section 45.0--``Prevention of Significant Deterioration,''
and for NNSR found in Section 41.0--``Regulations for the Review of New
Sources.'' Tennessee's March 7, 2017, SIP revisions made changes to
Section 41.0 and Section 45.0 to address changes to the federal NSR
regulations, as promulgated by EPA in the 2002 NSR Reform Rules, and
subsequent changes in other relevant rulemakings as described in
section II, above.
    As part of the changes to Section 41 and Section 45, Knox County
adopted all the necessary provisions of the federal NNSR rules (found
in 40 CFR 51.165) and the federal PSD rules (found in 40 CFR 51.166) to
make them consistent with, and in some cases more stringent than, the
federal rules. These changes included the adoption of several
definitions in the federal PSD and NNSR rules, such as the definition
of ``regulated NSR pollutant,'' as well as provisions regarding major
NSR applicability procedures, actual-to-projected-actual applicability
tests, PALs, and recordkeeping. Slight differences between the Knox
County NSR rules and the federal rules are discussed below in Section
III.A.1.--3.
    Additionally, in the changes included in the March 7, 2017, SIP
submittal, Knox County adopted the provisions from the Ozone Phase 2
Rule, as discussed in section II.C of this rulemaking. Consistent with
TDEC's rules and the federal NNSR and PSD rules, Knox County adopted
the same language regarding the Phase 2 rule found at 40 CFR 51.165 and
40 CFR 51.166. This includes amendments found in the federal NNSR rules
in Sec.  51.165(a)(1)(iv)(A)(1) through (3), (a)(1)(v)(E) and (F),
(a)(1)(x), (a)(3)(ii)(C), and (a)(8) and (9), as well as the federal
PSD rules in Sec.  51.166(b)(1)(ii), (b)(2)(ii), (b)(23)(i), and
(b)(49)(i).
    EPA believes that the proposed approval of these changes, including
all amendments mentioned in the following sections, will not have a
negative impact on air quality in the County.
    First, with these proposed changes, the local Knox County
regulations will now be consistent with the State's current SIP-
approved NSR program, which is slightly more stringent than the federal
rules. Tennessee's NSR program already underwent updates concerning the
2002 NSR reform on September 14, 2007 (72 FR 52472).
    Second, Knox County currently does not have any nonattainment
areas, and all previous nonattainment areas have been redesignated to
attainment due to clean data. Table 1, below, shows the most recent air
quality monitoring design values (DV), in micrograms per meter cubed
([mu]g/m\3\) and parts per billion (ppb), and the most current
corresponding NAAQS in each redesignated (i.e., maintenance) area in
Knox County.\15\ This data shows that air quality in the Knox County
area has been improving over the years, and most recently the entire
county has been designated as attainment/unclassifiable for both the
2010 1-hour SO2 and 2015 8-hour Ozone NAAQS as well.
---------------------------------------------------------------------------

    \15\ Air quality design values for all criteria air pollutants
are available at: https://www.epa.gov/air-trends/air-quality-design-values.

                                        Table 1--Current Air Quality Status in Knox County for Maintenance Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Margin relative to
         Maintenance areas            NAAQS for which area           Status              Current NAAQS         2015-2017 design      current NAAQS with
                                         is maintenance                                                             value               2014-2017 DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Knoxville..........................  2008 ozone (75.0 ppb).  Redesignated..........  70 ppb...............  68 ppb...............  -2 ppb (3%)
Knoxville..........................  1997 annual PM2.5       Redesignated..........  12.0 [micro]g/m\3\...  10 [micro]g/m\3\.....  -2 [micro]g/m\3\
                                      (15.0 [micro]g/m\3\).                                                                         (17%)
Knoxville..........................  2006 24-hour PM2.5 (35  Redesignated..........  35 [micro]g/m\3\.....  34 [micro]g/m\3\.....  -1 [micro]g/m\3\ (3%)
                                      [micro]g/m\3\).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Finally, any projects (new construction or modifications) that
would not be subject to major NSR would still be subject to
preconstruction review and permitting requirements under Knox County's
SIP-approved minor NSR regulations found in Section 25 of the Knox
County Air Quality Management Regulations. Under the current SIP-
approved minor NSR regulations, no construction or modification shall
begin unless a construction permit has been issued by the Director of
the Knox County Air Quality Management Division (Director), and no
permit shall be issued unless the applicant can demonstrate that the
source can be expected to comply with any applicable regulations,
including the NAAQS. Furthermore, the Director may require additional
and/or more restrictive permit conditions than required by the Knox
County regulations, and the minor source construction permit can be
invalidated if the source violates any applicable regulation.
Therefore, these revisions should not interfere with attainment or
maintenance or any other requirement of the CAA.
    Although in most cases Knox County adopted the federal rules as
enacted at Sec. Sec.  51.165 and 51.166, certain portions were modified
or not adopted. These differences from the federal NNSR and PSD rules
include: (1) Adopting a modified definition of ``baseline actual
emissions,'' more details of which are included in this Section; (2)
not adopting the stayed language in the Fugitive Emission Rule; and (3)
not adopting changes from a May 1, 2007, final rule regarding
facilities that produce ethanol through natural fermentation.\16\
Additional differences from the federal NNSR rules in Section 41 of
Knox County's regulations, particularly regarding the implementation of
the PM2.5 NAAQS, are covered in Tennessee's April 17, 2017,
SIP revision and are discussed below in section III.B of this
rulemaking.
---------------------------------------------------------------------------

    \16\ The May 1, 2007, final rule finalized changes to the
definition of ``chemical process plants'' as it applies to the
federal PSD, NNSR and Title V programs, including applicability
thresholds for PSD and the treatment of fugitive emissions in
determining applicability for major NSR and title V.
---------------------------------------------------------------------------

1. Definition of ``Baseline Actual Emissions''
    Regarding the definition of ``baseline actual emissions,'' as
promulgated in 40 CFR 51.165(a)(1)(xxxv) and 40 CFR 51.166(b)(47), Knox
County adopted into Section 41 and Section 45 of the Knox County Air
Quality Management Regulations a definition mostly consistent with the
federal definition. However, Knox County excluded a portion of the
definition that would allow for different 24-month periods to be chosen
for each regulated NSR pollutant when calculating baseline actual
emissions for either PSD or NNSR applicability determinations.
    Knox County's adoption of ``baseline actual emissions'' in Sections
41 and 45 excludes the last sentence of Sec.  51.165(a)(1)(xxxv)(A)(3)
and (a)(1)(xxxv)(B)(4) of the federal NNSR rules and Sec.
51.166(b)(47)(i)(c) and (b)(47)(ii)(d) of the federal PSD rules, which
states that ``a different consecutive 24-month period can be used for
each regulated NSR pollutant.'' Instead, Knox County adopts specific
language at Section 41.1.A.5(3) and Section 45.1.A.5.a(3) as follows:
``For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed.'' With this difference in the definition, Knox County is not
allowing for different baseline periods to be chosen for a single
project that involves multiple units, which removes an additional
flexibility built into the federal rules and makes the local rules
slightly more stringent than the federal rules. Knox County's
definition is consistent with TDEC's SIP-approved definition of
``baseline actual emissions'', which also does not allow for different
pollutant-specific 24-month baseline periods. For the reasons discussed
above, EPA is proposing to approve the changes to NNSR and PSD rules
into the Knox County portion of the Tennessee SIP.
    EPA has determined that this difference in determining major NSR
applicability with the definition of ``baseline actual emissions'' is
consistent with Tennessee's SIP-approved rules and is more stringent
than the current federal rules. Therefore, EPA is proposing to approve
the changes to the definition, including this difference from the
federal rules, into the Knox County portion of the Tennessee SIP.
2. Fugitive Emissions Rule
    As mentioned in Section II.A of this rulemaking, a portion of the
Fugitive Emissions Rule was stayed indefinitely on March 30, 2011. For
this reason, Knox County did not adopt into Section 41 or Section 45 of
the Knox County Air Quality Management Regulations the language found
in the federal NNSR rules at 40 CFR 51.165(a)(1)(v)(G) and
(a)(1)(vi)(C)(3), as well as in the federal PSD rules at 40 CFR
51.166(b)(2)(v) and (b)(3)(iii)(d), which are part of the stayed
Fugitive Emissions Rule provisions that can still be found in the CFR.
    Given that the omitted language has been stayed indefinitely, EPA
is proposing to approve the changes into the Knox County portion of the
Tennessee SIP as consistent with federal requirements, and the
Tennessee SIP.
3. GHG Tailoring Rule
    As mentioned in Section II.D of this proposed rulemaking, Knox
County adopted the provisions of the GHG Tailoring Rule, Step 1, but
has not adopted Step 2 or Step 3. Consistent with Step 1 of the GHG
Tailoring Rule, Knox County has adopted provisions in its PSD rules,
found at Section 45 of the Knox County Air Quality Management
Regulations, that require sources of GHG emissions to regulate GHGs
only if they were subject to PSD ``anyway'' due to their emissions of
pollutants other than GHGs. These sources are referred to as ``anyway
sources.''
    In Step 2 of the GHG Tailoring Rule, these PSD requirements for
GHGs applied to some sources that were known as ``GHG-only sources.''
Since the D.C. Circuit vacated the GHG Step 2 Rule on April 10, 2015,
EPA has subsequently removed the provisions from this portion of the
GHG Tailoring Rule from the Federal PSD rules. With respect to Step 2,
Knox County's rules are consistent with Tennessee's rules. Although
Tennessee currently has language related to Step 2 in its SIP, it also
included an automatic rescission clause that renders any language
pursuant to Step 2 ineffective at the state level due to the vacatur of
Step 2 by the D.C. Circuit.
    Finally, Knox County did not adopt the GHG Step 3 Rule, which,
among other things, established PALs for GHG emissions on a
CO2e basis. The GHG PALs regulations of the GHG Step 3 Rule
do not add new requirements for sources or modifications. Rather, the
PALs provisions provide increased flexibility to sources that wish to
address their GHG emissions in a PAL by using CO2e instead
of a mass basis. Given that these provisions are not a requirement, but
rather an optional way to address GHG PALs, EPA believes that not
adopting the GHG Step 3 provisions into the Knox County portion of the
Tennessee SIP is acceptable and will not interfere with Knox County's
ability to meet all applicable GHG requirements. In addition, Knox
County is being consistent with Tennessee's rules, which do not include
the GHG Step 3 provisions.

    For the reasons discussed above, EPA is proposing to approve the
Step 1 provisions of the GHG Tailoring Rule into the Knox County
portion of the Tennessee SIP, as presented in the March 7, 2017 SIP
submittal.

B. Tennessee's April 17, 2017, NNSR Changes

    The April 17, 2017, SIP revision included two changes to the Knox
County portion of the Tennessee SIP, one making additional changes to
Section 41, and another updating Section 25.0 entitled ``Permits''
(hereinafter referred to as Section 25). The revisions to Section 41
include additional changes which are meant to be incorporated with the
March 7, 2017, revisions of this section.
    Although the March 7, 2017, SIP revision updates Knox County's NNSR
regulation found in Section 41, it does not include some provisions
that were part of the NSR PM2.5 Rule, or corrections related
to the PM2.5 subpart 4 litigation, as described in section
II.B, above.\17\ The April 17, 2017, SIP revision adds the following
elements: 1) Under Section 41.1-A.36.a, Knox County adds emissions
thresholds (in tons per year) for PM2.5 and its precursors,
for sources to be considered a ``major stationary source'' in any area
designated as a serious PM2.5 nonattainment area; 2) Under
Section 41.1-A.56.a(7), Knox County adds emissions increase thresholds
under PM2.5, for volatile organic compounds (VOC) and
Ammonia (presumptively regulating both as precursors to
PM2.5), for an emissions increase to be considered
``significant;'' and 3) Under Section 41.3-A, Knox County adds a
sentence clarifying the applicability of NSR in nonattainment areas and
adds references to the new definitions of Section 41.1-A.52.
---------------------------------------------------------------------------

    \17\ Knox County did not adopt the vacated elements of the
PM2.5 PSD-Increment-SILs-SMC Rule. However, Knox County
adopted the remaining elements of the NSR PM2.5 Rule,
while incorporating the requirements pursuant to Subpart 4 of Part D
of the CAA, as prescribed following the PM2.5 Subpart 4
litigation, and the correction to requirements promulgated in the
PM2.5 Condensables Correction Rule. For more details, see
Section II.B of this rulemaking.
---------------------------------------------------------------------------

    As part of the PM2.5 Subpart 4 litigation mentioned in
Section II.B, above, EPA published its June 2, 2014, final rule re-
promulgating the NSR PM2.5 implementation rule and set a
deadline of December 31, 2014, for states to make any remaining
required attainment-related and NNSR SIP submissions, pursuant to and
considering the application of subpart 4. At the time of the June 2,
2014, final rulemaking, the Knoxville Area was designated nonattainment
for both the 1997 Annual PM2.5 NAAQS and 2006 24-hour
PM2.5 NAAQS, under subpart 1.
    Knox County did not meet the December 31, 2014, deadline to submit
its attainment and NNSR SIP submissions pursuant to subpart 4. However,
on December 20, 2016, Knox County, through Tennessee, submitted
maintenance plans and redesignation requests to EPA regarding both
standards, pursuant to subpart 1 and subpart 4 of Part D of the CAA.
Included in the request were reasonably available control measure
(RACM) determinations as well as motor vehicle emission budgets for
NOX and PM2.5 for the years 2014 and 2008. Since
then, the area has been redesignated to attainment for both the 1997
Annual PM2.5 NAAQS and 2006 24-hour PM2.5 NAAQS.
Specifically, the Knoxville Area was redesignated to attainment on
August 28, 2017, for the 2006 24-hour PM2.5 NAAQS, and on
August 29, 2017, for the 1997 Annual PM2.5 NAAQS.
    Additionally, as mentioned above, the April 17, 2017, SIP revision
adds emissions thresholds (in tons per year) for PM2.5 and
its precursors for sources to be considered a ``major stationary
source'' in any area designated as a serious PM2.5
nonattainment area, as well as emissions increase thresholds under
PM2.5, for VOC and Ammonia (presumptively regulating both as
precursors to PM2.5), for an emissions increase to be
considered ``significant.'' Although Knox County currently has no NAAs
for PM2.5, and has no major stationary sources of ammonia,
it still included thresholds for regulating ammonia as a precursor to
PM2.5 and provided a technical justification for what it
considers ``significant'' in terms of emissions of ammonia.
    As explained in the technical justification, which can be found in
the docket for this proposed action, Knox County opted to set the
emissions threshold at that of the other PM2.5 precursors
(NOX, SO2, and VOC) set in federal requirements,
and therefore set it at 40 tons per year. According to Knox County,
this is a conservative approach since the area currently has no major
stationary sources of ammonia. EPA agrees with this determination and
believes that the 40 ton per year threshold will be sufficient to
determine a significant emissions increase. EPA also agrees that this
is a conservative approach because, based on the requirements of 40 CFR
51.165(a)(1)(x)(F), Knox County was not required to establish a
definition of ``significant'' for ammonia given that they currently
have no nonattainment areas for PM2.5 and have no major
stationary sources of ammonia in the county. As previously mentioned,
Knox County does not have any existing major stationary sources of
ammonia, and does not currently have any PM2.5 NAAs.
Nevertheless, if Knox County were to begin operation of a major
stationary source of ammonia, they would have a reasonable threshold
for determining major modifications of ammonia for any future
PM2.5 NAAs.
    These changes to Knox County's Section 41, together with the
changes mentioned above in section III.A., make Knox County's NNSR
regulations consistent with the federal requirements (and in some cases
more stringent, as is the case of the definition of ``baseline actual
emissions''), and also consistent with TDEC's NNSR rules. With the
exception of the vacated or stayed portions, as mentioned in section
II, Knox County has adopted all other necessary provisions of the
federal NNSR rules, including those promulgated by the NSR reform rules
and the NSR PM2.5 Rule. Therefore, EPA is proposing to
approve the aforementioned changes to the Knox County portion of the
Tennessee SIP.

C. Tennessee's April 17, 2017, Minor Source Permit Changes

    As mentioned above, on April 17, 2017, Tennessee submitted, on
behalf of Knox County, two additional SIP revisions to update Knox
County's Air Quality Management Regulations, Section 41.0 and Section
25.0. As part of the revisions to Section 25, Knox County included
changes to Sections 25.1--``Construction Permits,'' 25.3--``Operating
Permits,'' and 25.9--``Minor Source and Synthetic Minor Source Emission
Fees'' (hereinafter referred to as Section 25.1, Section 25.3 and
Section 25.9, respectively).
    In Section 25.1, Knox County added two paragraphs, 25.1.F and
25.1.G, in order to provide more detail on the necessity of a
construction permit, and revised paragraph 25.1.C in order to clarify
the duration of validity and expiration of a construction permit if
construction is not commenced within a certain timeframe or is
interrupted for a certain timeframe. Paragraph 25.1.F establishes that
construction of a new source, or modification of an existing source,
must be in accordance with the construction permit and all applicable
Knox County Air Quality Management Regulations. Paragraph 25.1.G
establishes that a construction permit may be issued to a source that
has already been constructed in order to assure that all regulatory
requirements are met and asserts that no operating permit will be
issued until the

construction permit requirements are met.
    In the current SIP-approved version of paragraph 25.1.C, Knox
County sets a duration of 1 year for a construction permit, which has
to be renewed annually. With the changes in the April 17, 2017, SIP
revision, Knox County establishes that a construction permit will be
invalidated if construction is not commenced within 18 months, if it is
discontinued for more than 18 months, or if the construction is not
completed within a reasonable timeframe. Nevertheless, the revisions
establish that a permit may be extended by the Director, if such an
extension is shown to be justified. The revision to the applicable
timeframe of minor source construction permits is consistent with those
required for major NSR under the current SIP-approved version of both
the Tennessee SIP and the Knox County portion of the Tennessee SIP.
    In section 25.3, Knox County revised paragraphs 25.3.A and 25.3.C,
providing timeframes for applying and issuing operating permits, and
added two new paragraphs, 25.3.M and 25.3.N, which include additional
requirements and clarifications for operating permits and stack
sampling reports. Under the current SIP-approved version of paragraph
25.3.A, Knox County simply establishes the requirement that a person
planning to operate a new or modified source, must ``apply for and
receive'' an operating permit. With the changes in the April 17, 2017,
SIP revision, Knox County included an additional requirement which,
provided that paragraph 25.3.C is complied with, requires the operating
permit to be obtained within 90 days after the initial start-up of a
source or modification. Additionally, if stack sampling is required for
the application, this time period may be extended to 60 days after the
stack sampling report is required to be submitted.
    Under current SIP-approved version of paragraph 25.3.C, Knox County
establishes a timeframe for ``applying'' for an operating permit only
when renewing an existing permit. The paragraph only sets a required
timeframe of 30 days prior to the expiration of an existing operating
permit. But with the changes in the April 17, 2017, SIP revision, Knox
County included two additional conditions: (1) When applying for a new
operating permit, the applicant must submit the application no later
than 14 days after initial start-up; and (2) When stack sampling is
required as part of a construction permit, the time period for applying
for the operating permit is extended to the time specified in the
construction permit as the date that the sampling reports are required
to be submitted.
    In the two paragraphs that Knox County added to this section,
25.3.M and 25.3.N, the local agency has added additional clarification
on operating permits. In Paragraph 25.3.M, Knox County included a
requirement that no source can operate without an operating permit, but
reiterates that a new source or modification may operate with a
construction permit for a limited period of time, in order to provide
the source an opportunity to apply for and obtain a new operating
permit. The conditions and time limits for operating with a
construction permit are established in paragraph 25.3.A. In paragraph
25.3.N, Knox County clarifies that any stack sampling reports that were
required as part of a construction permit, must be part of the
operating permit application for that source, and that any stack
sampling required as part of an existing operating permit, must be part
of the renewal application of the operating permit. These changes to
Sections 25.1 and 25.3 are meant to establish reasonable timeframes for
the validity of construction permits and to provide clarification for
sources applying for and obtaining operating permits.
    EPA is proposing to approve the aforementioned changes into the
Knox County portion of the Tennessee SIP. The federal requirements for
state minor NSR programs, outlined in 40 CFR 51.160 through 51.164, are
considerably less prescriptive than those for major sources to
facilitate the development of programs that best reflect a state's
chosen approach to achieving attainment and maintenance of the NAAQS.
As such, states may customize their minor NSR programs as long as they
meet the minimum requirements, as Knox County is here.
    Finally, in Section 25.9, Knox County removed the language in
paragraphs 25.9.F.8 through 25.9.F.10, and substitutes it with
``Reserved.'' The removed language simply established several permit
fees that expired on December 31, 2016, which a source, operator, or
owner had to pay to the Department of Air Quality Management of Knox
County. Given that these permit fees have since expired, EPA agrees
with Knox County's decision to remove these paragraphs. Moreover,
permit fees need not be included explicitly in the SIP. EPA is
therefore proposing to approve the removal of this language from the
Knox County portion of the Tennessee SIP.

F. 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 requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Knox County's Air Quality Management Regulations, Section
25.0--``Permits,'' state effective January 18, 2017, Section 41.0--
``Regulations for the Review of New Sources,'' state effective January
18, 2017, and Section 45.0--``Prevention of Significant
Deterioration,'' state effective July 20, 2016. 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).

G. Proposed Action

    EPA is proposing to approve the aforementioned changes to the Knox
County portion of the Tennessee SIP. EPA is proposing to approve the
changes presented in the March 7, 2017, and April 17, 2017, SIP
submittals that make changes to Knox County's Air Quality Management
Regulations, Section 41.0 entitled ``Regulations for the Review of New
Sources,'' Section 45.0 entitled ``Prevention of Significant
Deterioration,'' and Section 25.0 entitled ``Permits.'' These SIP
revisions are meant to address several changes to the federal NSR
regulations, as promulgated by EPA on December 31, 2002, and
reconsidered with minor changes on November 7, 2003, which are commonly
referred to as the ``2002 NSR Reform Rules,'' as well as subsequent
changes to the federal NSR regulations as described in Section II of
this proposed rulemaking. Finally, these revisions are meant to make
Knox County's NSR regulations consistent with those of the State of
Tennessee.

H. 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
proposes to 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.

    Dated: June 8, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-13144 Filed 6-19-18; 8:45 am]
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[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Proposed Rules]
[Page 13263]
[FR Doc No: 2014-05066]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2014-F-0232]

Kemin Industries, Inc.; Filing of Food Additive Petition (Animal
Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that
Kemin Industries, Inc., has filed a petition proposing that the food
additive regulations be amended to provide for the safe use of chromium
propionate as a source of chromium in broiler feed.

DATES: Submit either electronic or written comments on the petitioner's
request for categorical exclusion from preparing an environmental
assessment or environmental impact statement by April 9, 2014.

ADDRESSES: Submit electronic comments to: http://www.regulations.gov.
Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for
Veterinary Medicine, Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a
food additive petition (FAP 2282) has been filed by Kemin Industries,
Inc., 2100 Maury St., Des Moines, IA 50317. The petition proposes to
amend Title 21 of the Code of Federal Regulations (CFR) in part 573
Food Additives Permitted in Feed and Drinking Water of Animals (21 CFR
part 573) to provide for the safe use chromium propionate as a source
of chromium in broiler feed.
    The petitioner has requested a categorical exclusion from preparing
an environmental assessment or environmental impact statement under 21
CFR 25.32(r). Interested persons may submit either electronic or a
single copy of written comments regarding this request for categorical
exclusion to the Division of Dockets Management (see DATES and
ADDRESSES). Identify comments with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: March 5, 2014.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2014-05066 Filed 3-7-14; 8:45 am]
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