6560-50-P
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0277; FRL-12065-01-R4]
Air Plan Approval; Tennessee; Nitrogen Oxides SIP Call Alternative Monitoring and
Domtar Paper Company, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a State
Implementation Plan (SIP) revision submitted by the State of Tennessee, through the Tennessee
Department of Environment and Conservation (TDEC), on June 26, 2023. The June 26, 2023,
SIP revision would specify monitoring, recordkeeping, and reporting requirements for large
industrial non-electricity generating units (EGUs) subject to the nitrogen oxides (NOx) SIP Call
that are permissible as alternatives to the monitoring, recordkeeping, and reporting
requirements.. The SIP revision would also establish source-specific alternative monitoring,
recordkeeping, and reporting requirements under the NOx SIP Call for Domtar Paper Company,
LLC (Domtar).
DATES: Comments must be received on or before [INSERT DATE 30 DAYS AFTER DATE
OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-20230277 at www.regulations.gov. Follow the online instructions for submitting comments. Once
submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any
comment received to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment and should include

discussion of all points you wish to make. EPA will generally not consider comments or
comment contents located outside of the primary submission (i.e., on the web, cloud, or other file
sharing system). For additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance on making effective
comments, please visit www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, Multi-Air Pollutant
Coordination Section, Air Planning and Implementation Branch, Air and Radiation Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9034. Mr. Scofield can also be reached via
electronic mail at scofield.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
I.

Background
Under Clean Air Act (CAA or Act) section 110(a)(2)(D)(i)(I), also called the good

neighbor provision, States are required to address the interstate transport of air pollution.
Specifically, the good neighbor provision requires that each State’s implementation plan contain
adequate provisions to prohibit air pollutant emissions from within the State that will
significantly contribute to nonattainment of the national ambient air quality standards (NAAQS),
or that will interfere with maintenance of the NAAQS, in any other State.
On October 27, 1998 (63 FR 57356), EPA finalized the “Finding of Significant
Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group
Region for Purposes of Reducing Regional Transport of Ozone” (NOx SIP Call). The NOx SIP
Call required Eastern States, including Tennessee, to submit SIPs limiting emissions of ozone
season NOx by implementing statewide emissions budgets. The NOx SIP Call addressed the
good neighbor provision for the 1979 ozone NAAQS and was designed to mitigate the impact of

transported NOx emissions, one of the precursors of ozone.1 EPA developed the NOx Budget
Trading Program, an allowance trading program that States could adopt to meet their obligations
under the NOx SIP Call. This trading program allowed the following sources to participate in a
regional cap and trade program: generally, electricity generating units (EGUs) with capacity
greater than 25 megawatts (MW); and large industrial non-EGUs, such as boilers and
combustion turbines, with a rated heat input greater than 250 million British thermal units per
hour (MMBtu/hr). The NOx SIP Call also identified available cost-effective emissions
reductions from cement kilns and stationary internal combustion engines in establishing total,
statewide emissions budgets, although EPA suggested that States regulate these sources through
mechanisms other than the trading program.
To comply with the NOx SIP Call requirements, in 2000 and 2001, TDEC submitted a
revision to add new rule sections to the SIP-approved version of Chapter 1200-3-27, Nitrogen
Oxides, of the Tennessee Rules. EPA approved the revision as compliant with Phase I of the
NOx SIP Call in 2004. See 69 FR 3015 (January 22, 2004). The approved revision required
EGUs and large non-EGUs in the State to participate in the NOx Budget Trading Program
beginning in 2004. In 2005, Tennessee submitted, and EPA approved, a SIP revision to address
additional emissions reductions required for the NOx SIP Call under Phase II. See 70 FR 76408
(December 27, 2005).
In 2005, EPA published the Clean Air Interstate Rule (CAIR), which required several
Eastern States, including Tennessee, to submit SIPs that prohibited emissions consistent with
revised ozone season NOx budgets (as well as annual budgets for NOx and sulfur dioxide). See
70 FR 25162 (May 12, 2005); see also 71 FR 25328 (April 28, 2006). CAIR addressed the good
neighbor provision for the 1997 ozone NAAQS and 1997 fine particulate matter (PM2.5) NAAQS
and was designed to mitigate the impact of transported NOx emissions with respect to ozone and

As originally promulgated, the NOx SIP Call also addressed good neighbor obligations under the 1997 8-hour
ozone NAAQS, but EPA subsequently stayed and later rescinded the rule’s provisions with respect to that standard.
See 65 FR 56245 (September 18, 2000); 84 FR 8422 (March 8, 2019).
PM2.5. CAIR established several trading programs that States could join through SIPs or EPA
would implement through Federal implementation plans (FIPs) for EGUs greater than 25 MW in
each affected State; States also retained the option to submit SIPs that achieved the required
emission reductions from other types of sources.2 When the CAIR trading program for ozone
season NOx was implemented beginning in 2009, EPA discontinued administration of the NOx
Budget Trading Program; however, the requirements of the NOx SIP Call continued to apply.
For large non-EGUs that would have been covered under the NOx Budget Trading Program,
States were allowed, but not obligated, to achieve the required emissions reductions from these
types of units by including the units in the CAIR trading program for ozone season NOx.
On November 25, 2009 (74 FR 61535), EPA approved revisions to Tennessee’s SIP that
used the CAIR trading program for ozone season NOx to address the State’s obligations under
the NOx SIP Call related to non-EGUs. Consistent with CAIR’s requirements, EPA approved a
SIP revision in which Tennessee regulations: (1) Terminated its NOx Budget Trading Program
requirements, and (2) adopted State rule provisions modifying certain provisions of the CAIR
FIP applicable to Tennessee to include the State’s non-EGUs that would have been covered by
the NOx Budget Trading Program in the Federal CAIR trading program for ozone season NOx
instead. See 74 FR 61535. In this manner, participation of EGUs in the CAIR ozone season
NOx trading program pursuant to a FIP addressed the State’s obligation under the NOx SIP Call
for those units, and Tennessee also chose to meet the State’s obligations as to non-EGUs subject
to the NOx SIP Call by requiring those units to participate in the same CAIR trading program
pursuant to the SIP.
The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit)
initially vacated CAIR in 2008, but ultimately remanded the rule to EPA without vacatur to
preserve the environmental benefits provided by CAIR. See North Carolina v. EPA, 531 F.3d

CAIR had separate trading programs for annual sulfur dioxide (SO2) emissions, seasonal NOx emissions, and
annual NOx emissions.
896, modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling allowed CAIR to
remain in effect temporarily until a replacement rule consistent with the court’s opinion was
developed. While EPA worked on developing a replacement rule, the CAIR program continued
to be implemented, with the NOx annual and ozone season trading programs beginning in 2009
and the SO2 annual trading program beginning in 2010.
Following the D.C. Circuit’s remand of CAIR, EPA promulgated the Cross-State Air
Pollution Rule (CSAPR) to replace CAIR and address good neighbor obligations for the 1997
ozone NAAQS, the 1997 PM2.5 NAAQS, and the 2006 PM2.5 NAAQS. See 76 FR 48208
(August 8, 2011). Through FIPs, CSAPR required EGUs in Eastern States, including Tennessee,
to meet annual and ozone season NOx emission budgets and annual SO2 emission budgets
implemented through new trading programs. Implementation of CSAPR began on January 1,
2015.3 CSAPR also contained provisions that would sunset CAIR-related obligations on a
schedule coordinated with the implementation of the CSAPR compliance requirements.
Participation by a State’s EGUs in the CSAPR trading program for ozone season NOx generally
addressed the State’s obligation under the NOx SIP Call for EGUs. CSAPR did not initially
contain provisions allowing States to incorporate large non-EGUs into that trading program to
meet the requirements of the NOx SIP Call for non-EGUs. EPA also stopped administering
CAIR trading programs with respect to emissions occurring after December 31, 2014.4
Through a letter to EPA dated February 27, 2017,5 Tennessee provided a SIP revision to
incorporate a new provision – TACPR 1200-03-27-.12, “NOx SIP Call Requirements for
Stationary Boilers and Combustion Turbines” (TN 2017 NOx SIP Call Rule) – into the SIP. The
TN 2017 NOx SIP Call Rule established a State control program for sources that are subject to
the NOx SIP Call, but not covered under CSAPR or the CSAPR Update (background regarding
the CSAPR Update is provided later in this notice). The TN 2017 NOx SIP Call Rule contains

See 79 FR 71663 (December 3, 2014).
See 79 FR 71663 (December 3, 2014) and 81 FR 13275 (March 14, 2016).
5 EPA notes that it received the submittal on February 28, 2017.
3
several subsections that together comprise a non-EGU control program under which Tennessee
will allocate a specified budget of allowances to affected sources. Subsequently, on May 11,
2018, and October 11, 2018, Tennessee submitted letters requesting conditional approval6 of the
TN 2017 NOx SIP Call Rule and committing to provide a SIP revision to EPA by December 31,
2019, to address a deficiency by revising the definition of “affected unit” to remove the
unqualified exclusion for any unit that serves a generator that produces power for sale. Based on
the State’s commitment to submit a SIP revision addressing the identified deficiency, EPA
conditionally approved the February 27, 2017, submission. In the same action, EPA approved
removal of the State’s NOx Budget Trading Program and CAIR rules from Tennessee’s SIP. See
84 FR 7998 (March 6, 2019).
Tennessee submitted a SIP revision on December 19, 2019, which revised Tennessee Air
Pollution Control Regulation (TAPCR) 1200-03-27-.12, “NOx SIP Call Requirements for
Stationary Boilers and Combustion Turbines” to correct the definition of “affected unit” and to
clarify requirements related to stationary boilers and combustion turbines. On March 2, 2021 (86
FR 12092), EPA published a final rule approving the SIP revision. EPA also converted the
conditional approval of the TN 2017 NOx SIP Call Rule to a full approval. See EPA’s March 2,
2021, final rule (86 FR 12092) for further detail on these changes and EPA’s rationale for
approving them.
After litigation that reached the Supreme Court, the D.C. Circuit generally upheld
CSAPR but remanded several State budgets to EPA for reconsideration. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118, 129-30 (D.C. Cir. 2015). EPA addressed the remanded
ozone season NOx budgets in the Cross-State Air Pollution Rule Update for the 2008 Ozone
NAAQS (CSAPR Update), which also partially addressed Eastern States’ good neighbor

Under CAA section 110(k)(4), EPA may conditionally approve a SIP revision based on a commitment from a State
to adopt specific enforceable measures by a date certain, but not later than one year from the date of approval. If the
State fails to meet the commitment within one year of the final conditional approval, the conditional approval will be
treated as a disapproval.
obligations for the 2008 ozone NAAQS. See 81 FR 74504 (October 26, 2016). The air quality
modeling for the CSAPR Update demonstrated that Tennessee contributes significantly to
nonattainment and/or interferes with maintenance of the 2008 ozone NAAQS in other States.
The CSAPR Update reestablished an option for most States to meet their ongoing obligations for
non-EGUs under the NOx SIP Call by including the units in the CSAPR Update trading
program.
The CSAPR Update trading program replaced the original CSAPR trading program for
ozone season NOx for most covered States. Tennessee’s EGUs participate in the CSAPR
Update trading program, which generally also addresses the State’s obligations under the NOx
SIP Call for EGUs. However, Tennessee elected not to include its large non-EGUs in the
CSAPR Update ozone season trading program. Because Tennessee’s large non-EGUs do not
participate in any CSAPR or CSAPR Update trading program for ozone season NOx emissions,
the NOx SIP Call regulations at 40 CFR 51.121(r)(2), as well as anti-backsliding provisions at 40
CFR 51.905(f) and 40 CFR 51.1105(e), require these non-EGUs to maintain compliance with
NOx SIP Call requirements in some other way.
Under 40 CFR 51.121(f)(2) of the NOx SIP Call regulations, where a State’s
implementation plan contains control measures for EGUs and large non-EGU boilers and
combustion turbines, the SIP must contain enforceable limits on the ozone season NOx
emissions from these sources that ensure compliance with the State’s budget. In addition, under
40 CFR 51.121(i)(4) of the NOx SIP Call regulations as originally promulgated, the SIP also had
to require these sources to monitor emissions according to the provisions of 40 CFR part 75,
which generally entails the use of continuous emission monitoring systems. Tennessee triggered
these requirements by including control measures in its SIP for these types of sources.
On March 8, 2019, EPA revised some of the regulations that were originally promulgated

in 1998 to implement the NOx SIP Call.7 The revision gave States covered by the NOx SIP Call
greater flexibility concerning the form of the NOx emissions monitoring requirements that the
States must include in their SIPs for certain emissions sources. The revision amended 40 CFR
51.121(i)(4) to make part 75 monitoring, recordkeeping, and reporting optional, such that SIPs
may establish alternative monitoring requirements for NOx SIP Call budget units that meet the
general requirements of 40 CFR 51.121(f)(1) and (i)(1). Under the updated provision, a State’s
implementation plan still needs to include some form of emissions monitoring requirements for
these types of sources, consistent with the NOx SIP Call’s general enforceability and monitoring
requirements at 40 CFR 51.121(f)(1) and (i)(1), respectively, but States are no longer required to
satisfy these general NOx SIP Call requirements specifically through the adoption of 40 CFR
part 75 monitoring requirements.
II.

Why is EPA Proposing This Action?
TDEC’s June 26, 2023, submission requests that EPA approve into Tennessee’s SIP

TAPCR 1200-03-27-.12(11), which became effective as a matter of State law (hereinafter, “State
effective”) on November 24, 2022, to specify alternative NOx monitoring, recordkeeping, and
reporting requirements for large industrial non-EGUs subject to the NOx SIP Call that are
permissible as alternatives to the monitoring, recordkeeping, and reporting requirements of 40
CFR part 75. The June 26, 2023, submittal also requests that EPA approve into Tennessee’s SIP
Tennessee Air Pollution Control Board operating permit No. 079291 for Domtar, State effective
on January 12, 2022, to establish alternative NOx monitoring, recordkeeping, and reporting
requirements for the No. 2 Power Boiler at this facility, as meeting the requirements of 40 CFR
51.121(i). The submission also includes a demonstration under CAA section 110(l) intended to
show that these revisions would not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable requirement of the CAA. As

See “Emissions Monitoring Provisions in State Implementation Plans Required Under the NOx SIP Call,” 84 FR
8422 (March 8, 2019).
discussed later, EPA has reviewed these changes, finds them consistent with the CAA and
regulations governing the NOx SIP Call, and is proposing to approve the revision to incorporate
the revisions to TAPCR 1200-03-27-.12(11) and Tennessee Air Pollution Control Board
operating permit No. 079291 for Domtar into the State’s implementation plan. Adopting
TAPCR 1200-03-27-.12(11) into Tennessee’s SIP would also allow EPA to convert conditional
approval actions for Packaging Corporation of America (88 FR 8771; February 10, 2023) and
Eastman Chemical Company (88 FR 14276; March 8, 2023) to full approval.
III.

Analysis of Tennessee’s Submission

A.

TAPCR 1200-03-27-.12(11)
On June 26, 2023, TDEC submitted a SIP revision with changes to TAPCR 1200-03-27-

.12(11) to modify monitoring, recordkeeping, and reporting requirements for large industrial
non-EGUs subject to the NOx SIP Call. The version of TAPCR 1200-03-27-.12(11) that is
currently approved in Tennessee’s SIP requires non-EGUs subject to the NOx SIP Call to
“comply with the applicable monitoring, recordkeeping, and reporting requirements provided in
40 CFR part 75 for each control period.” TAPCR 1200-03-27-.12(11)(b) within Tennessee’s
current SIP-approved rule restates the part 75 provision at 40 CFR 75.70(h)(3) that allows a
source subject to part 75 to petition TDEC and EPA to authorize alternatives to individual part
75 monitoring, recordkeeping, or reporting requirements, but the current rule does not authorize
approval of any alternative to the requirements of 40 CFR part 75 in their entirety. In previous
actions cited in section II of this document, EPA conditionally approved source-specific
alternative, recordkeeping, and reporting requirements for two Tennessee sources for purposes of
the NOx SIP Call, subject to TDEC’s commitment to modify the provisions of TAPCR 1200-0327-.12(11) to specify permissible alternative monitoring, recordkeeping, and reporting
requirements for large industrial non-EGUs. The amended version of TAPCR 1200-03-27.12(11) included in the June 26, 2023, SIP revision is intended to satisfy this commitment.

In its submittal, TDEC proposes to replace all text in paragraph (11), Monitoring and
Reporting, of TAPCR 1200-03-27-.12 with new text establishing monitoring, recordkeeping, and
reporting for large industrial non-EGUs subject to the NOx SIP Call. Under this revised text, as
a default, affected units would be required to use the “monitoring, recordkeeping, and reporting
requirements set out in 40 CFR part 75 Subpart H,” as under the current rule. This methodology
generally requires the use of a suite of continuous emission monitoring systems (CEMS), with
several alternate options for sources that meet certain qualification requirements and contains
detailed recordkeeping and reporting requirements.8
Apart from this default methodology, sources would also be authorized to use alternative
methodologies specified in TAPCR 1200-03-27-.12(11)(a). The first alternative is the
methodology in 40 CFR 60 subpart D to determine the NOx emission rate in lb/MMBtu,
multiplied by measured fuel consumption in MMBtu to determine NOx mass emissions.
Pursuant to 40 CFR 60.45(a), this methodology requires that the NOx emission rate would be
calculated from part 60 CEMS measurements using Method 19 in appendix A to 40 CFR part 60.
The second alternative is the methodology in 40 CFR 60 subpart Db to determine NOx
emission rate in lb/MMBtu, multiplied by measured fuel consumption in MMBtu to determine
NOx mass emissions. This methodology likewise requires use of CEMS measurements to
calculate NOx emission rate using method 19 in appendix A to 40 CFR part 60.
The third alternative allows for an alternative monitoring method separately approved by
EPA through a revision to Tennessee’s SIP. Although the revised version of TAPCR 1200-0327-.12(11)(a) allows for an alternative methodology approved by EPA into Tennessee’s SIP as
one of the three “approved” alternate monitoring methods, this methodology will not be

In October 1998, EPA added Subpart H to part 75, which provided a blueprint for the monitoring and reporting of
NOx mass emissions and heat input under a State or Federal NOx emissions reduction program. Subpart H was first
adopted as the required monitoring methodology for NOx mass emissions and heat input under the NOx Budget
Trading Program, discussed above.
discussed further in this Notice because it requires an entirely separate SIP revision approved by
EPA.
Under the revised version of TAPCR 1200-03-27-.12(11)(a), any of the approved
alternatives to the default methodology would become effective only upon incorporation into a
federally enforceable construction or operating permit. Therefore, revised TAPCR 1200-03-27.12(11)(c) also requires a source seeking to use either of the 40 CFR part 60 alternatives
described above to submit a permit application to TDEC that includes “a description of the
overall monitoring program for conducting continuous in-stack monitoring for NOx emissions.”
“To be approvable, the program must address” items such as technical instrument specifications,
location of monitoring instruments in the effluent gas stream, quality assurance procedures, and
other items to allow TDEC to confirm that any application, if approved, would comply with the
requirements of 40 CFR part 60, subpart D or 40 CFR part 60, subpart Db.
Additionally, the revised version of TAPCR 1200-03-27-.12(11) requires sources subject
to this rule that use an alternative monitoring method to calculate NOx mass emissions (in tons)
for each control period and report the total to the Technical Secretary no later than December 31
following the end of the control period, with the Technical Secretary reporting the total to EPA
no later than January 31 following the end of each control period.
Section 110(l) of the CAA prohibits EPA from approving a SIP revision that would
interfere with any applicable requirement concerning attainment and reasonable further progress,
or any other applicable requirement of the CAA. In its submittal, TDEC includes a
demonstration in accordance with section 110(l) of the CAA that the proposed revision would
not interfere with any applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the CAA. Tennessee’s demonstration concludes
that the proposed changes are compliant with section 110(l) of the CAA because: (1)
Tennessee’s review of all non-EGUs subject to the NOx SIP Call demonstrates that NOx
emissions for the collection of affected facilities are well below the State’s NOx budget for the

facilities under TAPCR 1200-03-27-.12(5) of 5,666 tons (for example, the facilities’ emissions
during the 2019 ozone season were approximately 33% of this NOx budget); and (2) the
alternative monitoring requirements would be permanent, enforceable, and sufficient to
determine whether the sources are in compliance with the NOx SIP Call emissions requirements.
EPA is proposing to agree with Tennessee’s rationale summarized above and the conclusion that
the proposed revision satisfies CAA section 110(l).
In order to address the requirements of the NOX SIP Call for sources that are not covered
under a CSAPR trading program for ozone season NOX emissions, SIP revisions must provide
for enforceable emissions limitations and require emissions monitoring consistent with the NOX
SIP Call’s general enforceability and monitoring requirements.9 See 40 CFR 51.121(f)(2). EPA
is proposing to find that with the amendments to TAPCR 1200-03-27-.12(11) included in
TDEC’s June 26, 2023, submittal, TAPCR 1200-03-27-.12 continues to meet the requirements in
40 CFR 51.121(f)(2) and all other requirements of the CAA, including 40 CFR 51.121(i)(1) and
(4). Thus, EPA is proposing to approve the amendments to TAPCR 1200-03-27-.12(11), state
effective November 24, 2022,10 pursuant to CAA section 110(k)(3).
B.

Domtar Paper Company, LLC
On August 13, 2021, Domtar submitted a petition to TDEC requesting approval of

alternative monitoring, recordkeeping, and reporting requirements for the boiler subject to the
NOx SIP Call (No. 2 Power Boiler) at Domtar’s Kingsport Mill. That petition resulted in
TDEC’s issuance of operating permit No. 079291 to Domtar, State effective on January 12,
2022, to address NOx SIP Call requirements and to adopt an alternative monitoring option (along
with corresponding recordkeeping and reporting requirements) for this large non-EGU. This
permit has been submitted by TDEC for approval into Tennessee’s SIP. The permit conditions

See 40 CFR 51.121(f)(2)(ii) and 51.121(i)(4).
On November 16, 2023, TDEC e-mailed EPA an addendum to its SIP submittal containing the signed version of
TAPCR 1200-03-27-.12(11), State effective November 24, 2022. TDEC’s original June 26, 2023, SIP submittal to
EPA previously included only an unsigned version of this rule. TDEC’s November 16, 2023, email to EPA, and the
signed version of TAPCR 1200-03-27-.12(11), State effective November 24, 2022, are contained in the regulatory
docket for this Notice.
10

within this permit are consistent with the flexibility provided to States in the EPA’s March 8,
2019 (84 FR 8422) rulemaking concerning the form of the NOx emissions monitoring
requirements that the States must include in their SIPs for certain emissions sources, such as
Domtar, to comply with the NOx SIP Call, as required at 40 CFR 51.121(i)(4).11
Specifically, operating permit Condition 1 provides that this source’s compliance with
Tennessee’s rules implementing the NOx SIP Call is met through compliance with operating
permit Conditions 2 through 5. Operating permit Condition 2 provides that Domtar may
demonstrate compliance with Tennessee Rule 1200-03-27-.12 by monitoring NOx emissions
from the No. 2 Power Boiler using the monitoring methodologies for NOx emission rate set forth
in 40 CFR part 60, appendix B, in combination with monitoring of heat input. Specifically,
Performance Specification 2 within 40 CFR part 60, appendix B would apply. This Performance
Specification provides detailed specifications and test procedures for NOx CEMS in stationary
sources, including procedures for measuring CEMS relative accuracy and calibration drift,
CEMS installation and measurement location specifications, equipment specifications,
performance specifications, and data reduction procedures.
Operating permit Condition 3 requires that Domtar submit a program for conducting
continuous in-stack monitoring for NOx mass emissions for approval by TDEC in accordance
with the requirements of 40 CFR part 60, appendix B. To be approvable by TDEC, the program
shall address the following:
(a) A description of the overall monitoring program;
(b) Specifications demonstrating that the proposed monitoring instruments will meet the
requirements of 40 CFR part 60, appendix B;

TDEC previously included the Domtar permit in a January 20, 2022, SIP submittal. At that time TDEC had not
yet submitted the modifications to TAPCR 1200-03-27-.12(11) discussed in section III.A of this document, and in
the absence of those rule revisions, EPA proposed to conditionally approve the permit into the SIP. See 88 FR
13394 (March 3, 2023). TDEC subsequently withdrew the January 20, 2022, SIP submittal and instead included the
permit in the June 26, 2023, SIP submittal together with the modifications to TAPCR 1200-03-27-.12(11).
(c) Specifications for the proposed fuel flow meter and a discussion of how the fuel Btu
content will be determined;
(d) Proposed location(s) of the monitoring instruments on the boiler effluent gas stream;
(e) Proposed procedures for conducting performance specification testing of the
monitoring instruments in units of the applicable standard (i.e., NOx mass emissions);
(f) Proposed ongoing monitoring instrument quality assurance procedures (40 CFR part
60, appendix F or approved alternative);
(g) Procedures for addressing missing data (40 CFR part 75, appendix C, appendix F or
approved alternative); and
(h) Proposed format for the reporting of data.
Condition 3 will allow TDEC to assess the technical aspects of the monitors that the source
would be installing to ensure compliance with 40 CFR 60, appendix B.
Operating permit Condition 4 requires Domtar to calculate NOx mass emissions (in tons)
for each control period and report the total to TDEC no later than December 31 following the
end of the control period. Further, Condition 4 requires that NOx emission rates shall be
calculated from continuous emissions monitoring system (CEMS) measurements using Method
19 in appendix A-7 to 40 CFR part 60.
Operating permit Condition 5 requires Domtar to maintain records of all measurements;
all continuous monitoring system performance evaluations; all continuous monitoring system or
monitoring device calibration checks; adjustments and maintenance performed on these systems
or devices; and all other information required by this part recorded in a permanent form suitable
for inspection. These records shall be retained for at least five years following the end of the
control period in which such measurements, maintenance, reports, and records were collected.
In its submittal, TDEC includes a demonstration in accordance with section 110(l) of the
CAA that the proposed source-specific SIP revision for Domtar would not interfere with any
applicable requirement concerning attainment and reasonable further progress, or any other

applicable requirement of the CAA. Tennessee’s demonstration explains that the proposed
changes are compliant with section 110(l) of the CAA because: (1) As a newly constructed
affected unit, TDEC calculated pursuant to the SIP-approved version of TAPCR 1200-03-27.12(6) that the NOx allowance allocation for the No. 2 Power Boiler would be 160 tons per
control period based on construction permit No. 978656, Condition S2-4.F (establishing NOx
emission limit of 0.10 lb/MMBtu), which would be 2.8 percent of Tennessee’s NOx budget of
5,666 tons; (2) revising the monitoring method will not increase NOx emissions; (3) Tennessee’s
review of all non-EGUs subject to the NOx SIP Call demonstrates that NOx emissions for the
collection of affected facilities are well below the State’s NOx budget; and (4) the alternative
monitoring requirements would be permanent, enforceable, and sufficient to determine whether
the source is in compliance with the NOx SIP Call emissions requirements. EPA preliminarily
agrees with Tennessee’s rationale summarized above and the conclusion that the proposed
revision would not interfere with any applicable requirement concerning attainment and
reasonable further progress, or any other applicable requirement of the CAA.
In order to address the requirements of the NOx SIP Call for sources that are not covered
under a CSAPR trading program for ozone season NOx emissions, SIP revisions must provide
for enforceable emissions limitations and require emissions monitoring consistent with the NOx
SIP Call’s general enforceability and monitoring requirements. EPA is proposing to find that
TDEC’s submittal meets these requirements and all other applicable requirements of the CAA,
including 40 CFR 51.121(i)(1) and (4). Thus, EPA is proposing to approve TDEC operating
permit No. 079291, State effective on January 12, 2022, into Tennessee’s SIP pursuant to CAA
section 110(k)(3).
IV.

Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule regulatory text that

includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, and as
discussed in sections I through III of this preamble, EPA is proposing to incorporate by reference

TAPCR 1200-03-27-.12(11), State effective on November 24, 2022, into Tennessee’s SIP. EPA
is also proposing to incorporate by reference Tennessee Air Pollution Control Board operating
permit No. 079291 for Domtar, State effective on January 12, 2022. EPA has made, and will
continue to make, these materials generally available through www.regulations.gov and at the
EPA Region 4 Office (please contact the person identified in the “For Further Information
Contact” section of this preamble for more information).

V.

Proposed Action
EPA is proposing to approve TAPCR 1200-03-27-.12(11), State effective November 24,

2022, and Tennessee Air Pollution Control Board operating permit No. 079291 for Domtar, State
effective on January 12, 2022, for incorporation into the Tennessee SIP. These changes were
submitted by Tennessee on June 26, 2023.
VI.

Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP submission that complies

with the provisions of the CAA and applicable Federal regulations. 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. Accordingly, this proposed 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 14094 (88
FR 21879, April 11, 2023);

•

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. 1044);

•

Does not have federalism implications as specified in Executive Order 13132 (64 FR
43255, August 10, 1999);

•

Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it
approves a State program;

•

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 Clean Air Act.
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, the rule does not have Tribal implications and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
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, 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 environmental justice 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 proposed action.
Due to the nature of the action being proposed here, this proposed 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 proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898 of achieving environmental justice for people of color, lowincome populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.

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

Dated: July 9, 2024.

Jeaneanne Gettle,
Acting Regional Administrator,
Region 4.

[FR Doc. 2024-15396 Filed: 7/15/2024 8:45 am; Publication Date: 7/16/2024]