Air Plan Approval; Tennessee; Emissions Inventory and Nonattainment New Source Review Plan for Sullivan County SO2, 11873-11875 [2021-04063]
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 30, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Sulfur oxides.
Dated: February 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.720
[Amended]
2. In § 52.720, the table in paragraph
(d) is amended by removing the entry
for ‘‘IPH/Ameren Energy’’.
■
[FR Doc. 2021–03985 Filed 2–26–21; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0626; FRL–10017–
45–Region 4]
Air Plan Approval; Tennessee;
Emissions Inventory and
Nonattainment New Source Review
Plan for Sullivan County SO2
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of State
Implementation Plan (SIP) revisions
submitted by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC),
on May 12, 2017. The portions that EPA
is approving are the emissions inventory
and nonattainment new source review
(NNSR) requirements for the 2010 1hour sulfur dioxide (SO2) primary
national ambient air quality standard
(NAAQS) for the Sullivan County SO2
nonattainment area (hereinafter referred
to as the ‘‘Sullivan County Area’’ or
‘‘Area’’). The Sullivan County Area is
comprised of a portion of Sullivan
County in Tennessee surrounding the
Eastman Chemical Company
(hereinafter referred to as ‘‘Eastman’’).
EPA is not taking action on the other
portions of the May 12, 2017, SIP
submissions. EPA has determined that
Tennessee has met the applicable
emissions inventory and NNSR
requirements under the Clean Air Act
(CAA or Act) for the 2010 1-hour
primary SO2 NAAQS in the Sullivan
County Area.
DATES: This rule is effective March 31,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0626. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
SUMMARY:
PO 00000
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11873
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Steven Scofield, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Scofield can be reached via
telephone at (404) 562–9034 or via
electronic mail at scofield.steve@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
On June 22, 2010, EPA published
notice of a new 1-hour primary SO2
NAAQS of 75 parts per billion (ppb),
which is met at an ambient air quality
monitoring site when the 3-year average
of the annual 99th percentile of daily
maximum 1-hour concentrations does
not exceed 75 ppb, as determined in
accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40
CFR 50.17(a) and (b). On August 5,
2013, EPA designated a first set of 29
areas of the country as nonattainment
for the 2010 SO2 NAAQS, including the
Sullivan County Area within the State
of Tennessee. See 78 FR 47191, codified
at 40 CFR part 81, subpart C. These
‘‘Round one’’ area designations were
effective October 4, 2013. Section 191(a)
of the CAA directs states to submit SIPs
for areas designated as nonattainment
for the SO2 NAAQS to EPA within 18
months of the effective date of the
designation, i.e., by no later than April
4, 2015 in this case. Section 192(a)
requires that such plans shall provide
for NAAQS attainment as expeditiously
as practicable, but no later than 5 years
from the effective date of designation,
which is October 4, 2018 in this case, in
accordance with CAA sections 191–192.
Section 172(c) of part D of the CAA
requires such SIP submittals to comply
with the following: Provide for the
implementation of all reasonably
available control measures as
expeditiously as practicable and
attainment of the NAAQS; require
reasonable further progress (RFP);
include a comprehensive, accurate,
current inventory of actual emissions
from all sources in the area; identify and
quantify the emissions of any pollutants
from new or modified major sources in
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
the area and demonstrate the emissions
will be consistent with the achievement
of RFP and will not interfere with
attainment of the applicable NAAQS;
require permits for new or modified
major sources anywhere in the
nonattainment area; include enforceable
emission limitations and such other
measures as may be necessary or
appropriate to provide for attainment
the NAAQS; comply with CAA section
110(a)(2); and provide for the
implementation of contingency
measures to be undertaken if the area
fails to make RFP, or to attain the
NAAQS by the attainment date. In this
action, the only portions of Tennessee’s
submissions that EPA is approving are
the emissions inventory and NNSR
requirements of 172(c)(3) and (5),
respectively.
On April 23, 2014, EPA issued a
guidance document entitled, ‘‘Guidance
for 1-Hour SO2 Nonattainment Area SIP
Submissions.’’ This guidance provides
recommendations for the development
of SO2 nonattainment SIPs to satisfy
CAA requirements (see, e.g., sections
172, 191, and 192). A nonattainment SIP
must also meet the requirements of 40
CFR part 51, subparts F and G, and 40
CFR part 51, appendix W (the Guideline
on Air Quality Models; ‘‘the
Guideline’’), and include inventory data,
modeling results, and emissions
reduction analyses on which the state
has based its projected attainment. The
base year emissions inventory (section
172(c)(3)) is required to show a
‘‘comprehensive, accurate, current
inventory’’ of all relevant pollutants in
the nonattainment area. To meet the
NNSR requirements of section 172(c)(5),
the state’s SIP is required to include a
program to address new and modified
major sources as provided in 40 CFR
51.165.
For a number of areas, including the
Sullivan County Area, EPA published a
document on March 18, 2016, finding
that pertinent states had failed to submit
the required SO2 nonattainment plan by
the submittal deadline. See 81 FR
14736. This finding initiated a deadline
under CAA section 179(a) for the
potential imposition of new source
review and highway funding sanctions,
and for EPA to promulgate a federal
implementation plan (FIP) under
section 110(c) of the CAA. In response
to the requirement for SO2
nonattainment plan submittals,
Tennessee submitted a nonattainment
plan for the Sullivan County Area on
May 12, 2017. Pursuant to Tennessee’s
May 12, 2017, submittals and EPA’s
subsequent completeness determination
letter dated October 10, 2017, sanctions
under section 179(a) will not be
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16:15 Feb 26, 2021
Jkt 253001
imposed as a result of Tennessee having
missed the April 4, 2015, submission
deadline.
On June 29, 2018 (83 FR 30609), EPA
proposed to approve Tennessee’s May
12, 2017, nonattainment plan submittals
and SO2 attainment demonstration. The
State’s submittals and attainment
demonstration included all the specific
nonattainment SIP elements mentioned
above. Comments on EPA’s proposed
rulemaking were due on or before July
30, 2018. EPA received two sets of
relevant comments on the proposed
approval of Tennessee’s nonattainment
area plan for the Sullivan County Area.
These comments and others are
available in the docket for this final
rulemaking action. None of the
comments received related to EPA’s
proposed approval of the emissions
inventory pursuant to 172(c)(3) or the
NNSR requirements pursuant to
172(c)(5), and these requirements are
separate and severable from the
requirements for which EPA received
comments.
For a comprehensive discussion of
EPA’s analysis and rationale for
approval of the emissions inventory and
NNSR portions of the State’s submittals
for this Area, please refer to EPA’s June
29, 2018, notice of proposed
rulemaking. EPA has determined that
the Tennessee SIP submittals provide a
comprehensive, accurate, and current
inventory of SO2 emissions in the
Sullivan County Area. In addition,
Tennessee’s SIP contains NNSR
requirements at Tennessee Air Pollution
Control Regulation 1200–03–09–.01(5)
that satisfy the applicable federal NNSR
requirements for permitting of new and
modified major sources.
II. Final Action
EPA is taking final action to approve
the emissions inventory and NNSR
portions of Tennessee’s SO2
nonattainment SIP submissions, which
the State submitted to EPA on May 12,
2017, to meet certain nonattainment
area planning requirements. EPA has
determined that these portions of
Tennessee’s nonattainment SIP meet the
applicable requirements of sections 110
and 172 of the CAA and applicable
regulatory requirements at 40 CFR part
51.
III. 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,
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provided that they meet the criteria of
the CAA. This action merely approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
E:\FR\FM\01MRR1.SGM
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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 30, 2021. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Signing Statement
This document of the Environmental
Protection Agency was signed on
January 4, 2021, by Mary Walker,
Regional Administrator, pursuant to the
Statutory Deadline of the Clean Air Act.
That document with the original
signature and date is maintained by
EPA. For administrative purposes only,
and in compliance with requirements of
the Office of the Federal Register, the
undersigned EPA Official re-signs the
document for publication, as an official
document of the Environmental
Protection Agency. This administrative
process in no way alters the legal effect
of this document upon publication in
the Federal Register.
11875
Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
2. In § 52.2220 amend the table in
paragraph (e) by adding, at the end of
the table, entries for ‘‘2010 1-Hour SO2
Emissions Inventory for the Sullivan
County Area’’ and ‘‘2010 1-Hour
Nonattainment New Source Review
Plan for the Sullivan County Area’’ to
read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
*
2010 1-Hour SO2 Emissions
Sullivan County ......................
Inventory for the Sullivan
County Area.
2010 1-Hour SO2 NonattainSullivan County ......................
ment New Source Review
Plan for the Sullivan County
Area.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0186; FRL–10019–
56–Region 4]
Air Plan Approval; North Carolina;
Revisions to Construction and
Operation Permits
DATES:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the North Carolina
State Implementation Plan (SIP)
16:15 Feb 26, 2021
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*
3/1/2021, [Insert citation of
publication].
5/10/2017
3/1/2021, [Insert citation of
publication].
This rule is effective March 31,
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0186. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
PO 00000
Frm 00019
Explanation
*
5/10/2017
2021.
AGENCY:
VerDate Sep<11>2014
EPA
approval
date
submitted by the State of North Carolina
through the North Carolina Department
of Environmental Quality, Division of
Air Quality (DAQ), on July 10, 2019.
The SIP revision seeks to modify the
State’s construction and operation
permitting regulations by making minor
changes that do not significantly alter
the meaning of the regulations. EPA is
approving this revision pursuant to the
Clean Air Act (CAA or Act).
[FR Doc. 2021–04063 Filed 2–26–21; 8:45 am]
SUMMARY:
State
effective
date
Fmt 4700
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*
*
Addressing the base-year
emissions inventory requirements of 172(c)(3).
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 can
either be retrieved electronically via
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11873-11875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04063]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0626; FRL-10017-45-Region 4]
Air Plan Approval; Tennessee; Emissions Inventory and
Nonattainment New Source Review Plan for Sullivan County SO2
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of State Implementation Plan (SIP) revisions
submitted by the State of Tennessee, through the Tennessee Department
of Environment and Conservation (TDEC), on May 12, 2017. The portions
that EPA is approving are the emissions inventory and nonattainment new
source review (NNSR) requirements for the 2010 1-hour sulfur dioxide
(SO2) primary national ambient air quality standard (NAAQS)
for the Sullivan County SO2 nonattainment area (hereinafter
referred to as the ``Sullivan County Area'' or ``Area''). The Sullivan
County Area is comprised of a portion of Sullivan County in Tennessee
surrounding the Eastman Chemical Company (hereinafter referred to as
``Eastman''). EPA is not taking action on the other portions of the May
12, 2017, SIP submissions. EPA has determined that Tennessee has met
the applicable emissions inventory and NNSR requirements under the
Clean Air Act (CAA or Act) for the 2010 1-hour primary SO2
NAAQS in the Sullivan County Area.
DATES: This rule is effective March 31, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0626. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Scofield can be
reached via telephone at (404) 562-9034 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
On June 22, 2010, EPA published notice of a new 1-hour primary
SO2 NAAQS of 75 parts per billion (ppb), which is met at an
ambient air quality monitoring site when the 3-year average of the
annual 99th percentile of daily maximum 1-hour concentrations does not
exceed 75 ppb, as determined in accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40 CFR 50.17(a) and (b). On
August 5, 2013, EPA designated a first set of 29 areas of the country
as nonattainment for the 2010 SO2 NAAQS, including the
Sullivan County Area within the State of Tennessee. See 78 FR 47191,
codified at 40 CFR part 81, subpart C. These ``Round one'' area
designations were effective October 4, 2013. Section 191(a) of the CAA
directs states to submit SIPs for areas designated as nonattainment for
the SO2 NAAQS to EPA within 18 months of the effective date
of the designation, i.e., by no later than April 4, 2015 in this case.
Section 192(a) requires that such plans shall provide for NAAQS
attainment as expeditiously as practicable, but no later than 5 years
from the effective date of designation, which is October 4, 2018 in
this case, in accordance with CAA sections 191-192.
Section 172(c) of part D of the CAA requires such SIP submittals to
comply with the following: Provide for the implementation of all
reasonably available control measures as expeditiously as practicable
and attainment of the NAAQS; require reasonable further progress (RFP);
include a comprehensive, accurate, current inventory of actual
emissions from all sources in the area; identify and quantify the
emissions of any pollutants from new or modified major sources in
[[Page 11874]]
the area and demonstrate the emissions will be consistent with the
achievement of RFP and will not interfere with attainment of the
applicable NAAQS; require permits for new or modified major sources
anywhere in the nonattainment area; include enforceable emission
limitations and such other measures as may be necessary or appropriate
to provide for attainment the NAAQS; comply with CAA section 110(a)(2);
and provide for the implementation of contingency measures to be
undertaken if the area fails to make RFP, or to attain the NAAQS by the
attainment date. In this action, the only portions of Tennessee's
submissions that EPA is approving are the emissions inventory and NNSR
requirements of 172(c)(3) and (5), respectively.
On April 23, 2014, EPA issued a guidance document entitled,
``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions.'' This guidance provides recommendations for the
development of SO2 nonattainment SIPs to satisfy CAA
requirements (see, e.g., sections 172, 191, and 192). A nonattainment
SIP must also meet the requirements of 40 CFR part 51, subparts F and
G, and 40 CFR part 51, appendix W (the Guideline on Air Quality Models;
``the Guideline''), and include inventory data, modeling results, and
emissions reduction analyses on which the state has based its projected
attainment. The base year emissions inventory (section 172(c)(3)) is
required to show a ``comprehensive, accurate, current inventory'' of
all relevant pollutants in the nonattainment area. To meet the NNSR
requirements of section 172(c)(5), the state's SIP is required to
include a program to address new and modified major sources as provided
in 40 CFR 51.165.
For a number of areas, including the Sullivan County Area, EPA
published a document on March 18, 2016, finding that pertinent states
had failed to submit the required SO2 nonattainment plan by
the submittal deadline. See 81 FR 14736. This finding initiated a
deadline under CAA section 179(a) for the potential imposition of new
source review and highway funding sanctions, and for EPA to promulgate
a federal implementation plan (FIP) under section 110(c) of the CAA. In
response to the requirement for SO2 nonattainment plan
submittals, Tennessee submitted a nonattainment plan for the Sullivan
County Area on May 12, 2017. Pursuant to Tennessee's May 12, 2017,
submittals and EPA's subsequent completeness determination letter dated
October 10, 2017, sanctions under section 179(a) will not be imposed as
a result of Tennessee having missed the April 4, 2015, submission
deadline.
On June 29, 2018 (83 FR 30609), EPA proposed to approve Tennessee's
May 12, 2017, nonattainment plan submittals and SO2
attainment demonstration. The State's submittals and attainment
demonstration included all the specific nonattainment SIP elements
mentioned above. Comments on EPA's proposed rulemaking were due on or
before July 30, 2018. EPA received two sets of relevant comments on the
proposed approval of Tennessee's nonattainment area plan for the
Sullivan County Area. These comments and others are available in the
docket for this final rulemaking action. None of the comments received
related to EPA's proposed approval of the emissions inventory pursuant
to 172(c)(3) or the NNSR requirements pursuant to 172(c)(5), and these
requirements are separate and severable from the requirements for which
EPA received comments.
For a comprehensive discussion of EPA's analysis and rationale for
approval of the emissions inventory and NNSR portions of the State's
submittals for this Area, please refer to EPA's June 29, 2018, notice
of proposed rulemaking. EPA has determined that the Tennessee SIP
submittals provide a comprehensive, accurate, and current inventory of
SO2 emissions in the Sullivan County Area. In addition,
Tennessee's SIP contains NNSR requirements at Tennessee Air Pollution
Control Regulation 1200-03-09-.01(5) that satisfy the applicable
federal NNSR requirements for permitting of new and modified major
sources.
II. Final Action
EPA is taking final action to approve the emissions inventory and
NNSR portions of Tennessee's SO2 nonattainment SIP
submissions, which the State submitted to EPA on May 12, 2017, to meet
certain nonattainment area planning requirements. EPA has determined
that these portions of Tennessee's nonattainment SIP meet the
applicable requirements of sections 110 and 172 of the CAA and
applicable regulatory requirements at 40 CFR part 51.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a
[[Page 11875]]
copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 30, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Signing Statement
This document of the Environmental Protection Agency was signed on
January 4, 2021, by Mary Walker, Regional Administrator, pursuant to
the Statutory Deadline of the Clean Air Act. That document with the
original signature and date is maintained by EPA. For administrative
purposes only, and in compliance with requirements of the Office of the
Federal Register, the undersigned EPA Official re-signs the document
for publication, as an official document of the Environmental
Protection Agency. This administrative process in no way alters the
legal effect of this document upon publication in the Federal Register.
Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart RR--Tennessee
0
2. In Sec. 52.2220 amend the table in paragraph (e) by adding, at the
end of the table, entries for ``2010 1-Hour SO2 Emissions
Inventory for the Sullivan County Area'' and ``2010 1-Hour
Nonattainment New Source Review Plan for the Sullivan County Area'' to
read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2010 1-Hour SO2 Emissions Sullivan County.... 5/10/2017 3/1/2021, [Insert Addressing the base-
Inventory for the Sullivan citation of year emissions
County Area. publication]. inventory
requirements of
172(c)(3).
2010 1-Hour SO2 Nonattainment New Sullivan County.... 5/10/2017 3/1/2021, [Insert ...................
Source Review Plan for the citation of
Sullivan County Area. publication].
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[FR Doc. 2021-04063 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P
