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

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R04-OAR-2023-0361; FRL-12238-02-R4]</DEPDOC> <SUBJECT>Air Plan Approval; Shelby County, Tennessee; Revisions to Startup, Shutdown, and Malfunction Rules</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving a portion of a State Implementation Plan (SIP) revision submitted by the Tennessee Department of Environment and Conservation (TDEC) on behalf of Shelby County Health Department (SCHD) Pollution Control Section on March 2, 2022. This revision was submitted in response to a finding of substantial inadequacy and SIP call published on June 12, 2015, concerning excess emissions during startup, shutdown, and malfunction (SSM) events. The revision contains amended air codes of Shelby County and the following municipalities within Shelby County: Town of Arlington, City of Bartlett, Town of Collierville, City of Germantown, City of Lakeland, City of Memphis, and Town of Millington (referred to hereinafter as the “included municipalities”). EPA is also approving the SIP revision's other changes to the affected Chapter, which are unrelated to the SIP call but of which Shelby County and the included municipalities are also requesting incorporation into the Shelby County portion of the Tennessee SIP. EPA is approving the portions of the SIP revision that correct certain deficiencies identified in the June 12, 2015, SSM SIP call and that are in accordance with the requirements for SIP provisions under the Clean Air Act (CAA or Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective December 20, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> EPA has established a docket for this action under Docket Identification No. EPA-R4-OAR-2023-0361. All documents in the docket are listed on the <E T="03">regulations.gov</E> 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 <E T="03">www.regulations.gov</E> 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 you contact the person listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Estelle Bae, Air Permitting Section, Air Planning and Implementation Branch, Air and Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9143. Ms. Bae can also be reached via electronic mail at <E T="03">bae.estelle@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> On March 2, 2022, Tennessee transmitted a SIP revision from SCHD 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”)  <SU>1</SU> <FTREF/> and requested revisions to the Shelby County portion of the Tennessee SIP. <SU>2</SU> <FTREF/> In a notice of proposed rulemaking (NPRM) published on September 12, 2024, EPA proposed to approve the March 2, 2022, SIP revision with certain exceptions. Specifically, EPA proposed in the NPRM to incorporate by reference, with certain exceptions, revisions to the City of Memphis Air Code Section 9-12-24, locally effective on February 22, 2022, which itself adopts by reference Tennessee Air Pollution Control Regulations (TAPCR) Chapter 1200-3-20, titled “Limits on Emissions due to Malfunctions, Startups, and Shutdowns,” as effective on December 5, 2018, into City of Memphis Air Code Section 9-12-24 (formerly Section 16-87). <E T="51">3 4 5</E> <FTREF/> SCHD has excluded certain parts of the adoption by reference of TAPCR Chapter 1200-3-20 from its request for EPA approval of City of Memphis Air Code Section 9-12-24 into the SIP. Specifically, in the March 2, 2022, SIP revision, SCHD requests that Section 1200-3-20-.06(5) not be incorporated into the Shelby County portion of the Tennessee SIP. In addition, on June 30, 2023, EPA received a request submitted by TDEC, on behalf of SCHD, to withdraw the portion of its submission making changes to TAPCR Section 1200-3-20-.03, new TAPCR Section 1200-3-20-.06(1), and new TAPCR Section 1200-3-20-.06(4), as submitted in the March 2, 2022, SIP revision. <SU>6</SU> <FTREF/> EPA's rationale for the approval is explained in the September 12, 2024, NPRM. <E T="03">See</E> 89 FR 74165. Comments on the September 12, 2024, NPRM were due on or before October 3, 2024. EPA did not receive any comments on the September 12, 2024, NPRM. <FTNT> <SU>1</SU>   <E T="03">See</E> 80 FR 33839 (June 12, 2015). </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> 54 FR 25456 (June 15, 1989). EPA had initially approved the City of Memphis Code into the Tennessee SIP under “Memphis and Shelby County.” <E T="03">See id.</E> Included in “Memphis and Shelby County” are Shelby County and the following municipalities: Town of Arlington, City of Bartlett, Town of Collierville, City of Germantown, City of Lakeland, City of Memphis, and Town of Millington. Shelby County Health Department's Air Pollution Control Branch recommends to the aforementioned municipalities regulatory revisions, which, with this approval adopts by Shelby County and these included municipalities, which implement and enforce the regulations within their respective jurisdictions. As the air pollution control regulations/ordinances adopted by those jurisdictions are substantively identical, EPA had selected just one to represent the SIP compilations for Shelby County and the included municipalities: the City of Memphis Air Code. Thus, the SIP-called provision from the Shelby County portion of the Tennessee SIP that was identified in the 2015 SSM SIP Action was City of Memphis Air Code (although it was referred to as “Shelby County Code”) Section 16-87. For simplicity and brevity, since the jurisdictions' regulations/ordinances remain substantively identical, EPA will continue to refer to the City of Memphis Air Code throughout this rulemaking action to represent the regulations/ordinances of Shelby County and the included municipalities. </FTNT> <FTNT> <SU>3</SU>  One of the intervening changes that EPA is approving as part of this rulemaking action is changing the relevant City of Memphis Air Code reference in the SIP from Section 16-87 to Section 9-12-24. The title of this section remains “Malfunctions, Startups and Shutdowns.” <SU>4</SU>  EPA is finalizing the incorporation by reference—with certain exceptions—into the Shelby County portion of the Tennessee SIP, the City of Memphis Air Code Section 9-12-24 (formerly Section 16-87), locally effective on February 22, 2022, which adopts by reference the December 5, 2018, State-effective version of TAPCR Chapter 1200-3-20, “Limits on Emissions Due to Malfunctions, Startups, and Shutdowns.” EPA is also incorporating by reference the following sections that contain substantively identical changes: Shelby County—Section 3-9 (locally effective on January 13, 2020); Town of Arlington—Section 20-101 (locally effective on November 2, 2020); City of Bartlett—Section 20-101 (locally effective on December 8, 2020); Town of Collierville—Section 96.02 (locally effective on November 23, 2020); City of Germantown—Section 9-21(24) (locally effective on July 12, 2021); City of Lakeland—Section 20-101 (locally effective on February 10, 2022); Town of Millington—Section 20-101 (locally effective on October 12, 2020). See the cover letter of the SIP revision dated March 1, 2022, with the subject line “Request to Incorporate Revisions into the Shelby County and Included Municipalities Ordinance into the SIP for Tennessee as Response to EPA's SIP Call” in the docket for this rulemaking action for evidence of adoption into the air codes of Shelby County and the included municipalities. <SU>5</SU>  The State-effective dates for the rules within TAPCR Chapter 1200-3-20 that were in effect on December 5, 2018, are: 1200-3-20-.01, “Purpose”—September 26, 1994; 1200-3-20-.02, “Reasonable Measures Required”—November 11, 1997; 1200-3-20-.04, “Logs and Reports”—June 19, 2013; 1200-3-20-.05, “Copies of Log Required”—September 26, 1994; 1200-3-20-.06, “Report Required Upon The Issuance of a Notice of Violation”—November 16, 2016; 1200-3-20-.07, “Special Reports Required”—September 26, 1994; 1200-3-20-.08, “Rights Reserved”—September 26, 1994; and 1200-3-20-.09, “Additional Sources Covered”—September 26, 1994. 1200-3-20-.03 was withdrawn from Shelby County's submission. There were no substantive changes to 1200-3-20-.05. </FTNT> <FTNT> <SU>6</SU>  The June 30, 2023, letter from TDEC is included in the docket for this action, as is SCHD's June 29, 2023, letter regarding withdrawal of certain provisions. </FTNT> <HD SOURCE="HD1">II. Incorporation by Reference</HD> In this do ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━