Air Plan Approval; Tennessee; Knoxville Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS, 38931-38934 [2021-15535]
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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
D. Unfunded Mandates Reform Act
(UMRA)
I. National Technology Transfer and
Advancement Act (NTTAA)
ENVIRONMENTAL PROTECTION
AGENCY
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, will result from this
action.
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
40 CFR Part 52
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the National
Government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because this action does
apply on any Indian reservation land or
in any other area where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction, and will not
impose substantial direct costs on tribal
governments or preempt tribal law.
There are no areas of Indian country
located in the West Pinal PM10
nonattainment area. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
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38931
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA lacks the discretionary
authority to address environmental
justice in this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 21,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Dated: July 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
[FR Doc. 2021–15667 Filed 7–22–21; 8:45 am]
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[EPA–R04–OAR–2020–0221; FRL–8761–02–
R4]
Air Plan Approval; Tennessee;
Knoxville Area Limited Maintenance
Plan for the 1997 8-Hour Ozone
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a state implementation plan
(SIP) revision submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Air Pollution
Control Division, via a letter dated
January 23, 2020. The SIP revision
includes the 1997 8-hour ozone national
ambient air quality standards (NAAQS)
Limited Maintenance Plan (LMP) for the
Knoxville, Tennessee Area (hereinafter
referred to as the ‘‘Knoxville Area’’ or
‘‘Area’’). The Knoxville Area, as defined
in this action, is comprised of Jefferson,
Loudon, and Sevier Counties in their
entireties, the portion of Cocke County
that falls within the boundary of the
Great Smoky Mountains National Park,
and a portion of Anderson County that
excludes the area surrounding
Tennessee Valley Authority (TVA) Bull
Run Fossil Plant. EPA is approving the
Knoxville Area LMP because it provides
for the maintenance of the 1997 8-hour
ozone NAAQS within the Knoxville
Area through the end of the second 10year portion of the maintenance period.
The effect of this action is to make
certain commitments related to
maintenance of the 1997 8-hour ozone
NAAQS in the Knoxville Area federally
enforceable as part of the Tennessee SIP.
DATES: This rule is effective August 23,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2020–0221. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not 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 can either be retrieved
electronically via www.regulations.gov
or in hard copy at the Air Regulatory
SUMMARY:
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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
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:
Sarah LaRocca, 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.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sara@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
In 1979, under section 109 of the
Clean Air Act (CAA or Act), EPA
established primary and secondary
NAAQS for ozone at 0.12 parts per
million (ppm), averaged over a 1-hour
period. See 44 FR 8202 (February 8,
1979). On July 18, 1997, EPA revised the
primary and secondary NAAQS for
ozone to set the acceptable level of
ozone in the ambient air at 0.08 ppm,
averaged over an 8-hour period. See 62
FR 38856 (July 18, 1997).1 EPA set the
8-hour ozone NAAQS based on
scientific evidence demonstrating that
ozone causes adverse health effects at
lower concentrations and over longer
periods of time than was understood
when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that
the 8-hour ozone NAAQS would be
more protective of human health,
especially children and adults who are
active outdoors, and individuals with a
pre-existing respiratory disease, such as
asthma.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
nation as attaining or not attaining the
NAAQS. On April 15, 2004, EPA
designated the Knoxville 1997 NAAQS
Area, which is comprised of Anderson,
Blount, Knox, Jefferson, Loudon, and
Sevier Counties in their entireties, and
1 In March 2008, EPA completed another review
of the primary and secondary ozone NAAQS and
tightened them further by lowering the level for
both to 0.075 ppm. See 73 FR 16436 (March 27,
2008). Additionally, in October 2015, EPA
completed a review of the primary and secondary
ozone NAAQS and tightened them by lowering the
level for both to 0.070 ppm. See 80 FR 65292
(October 26, 2015).
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the portion of Cocke County that falls
within the boundary of the Great Smoky
Mountains National Park, as
nonattainment for the 1997 8-hour
ozone NAAQS, and the designation
became effective on June 15, 2004. See
69 FR 23858 (April 30, 2004). Similarly,
on May 21, 2012, EPA designated areas
as unclassifiable/attainment or
nonattainment for the 2008 8-hour
ozone NAAQS. EPA designated Blount
and Knox Counties and the portion of
Anderson County surrounding the TVA
Bull Run Fossil Plant as nonattainment
for the 2008 8-hour ozone NAAQS and
classified as a marginal nonattainment
area (hereinafter referred to as the
‘‘Knoxville 2008 NAAQS Area’’). This
designation became effective on July 20,
2012.2 In addition, on November 16,
2017, areas were designated for the 2015
8-hour ozone NAAQS. The Knoxville
1997 NAAQS Area 3 was designated
attainment/unclassifiable for the 2015 8hour ozone NAAQS, with an effective
date of January 16, 2018.4
A state may submit a request to
redesignate a nonattainment area that is
attaining a NAAQS to attainment, and,
if the area has met other required
criteria described in section 107(d)(3)(E)
of the CAA, EPA may approve the
redesignation request.5 One of the
criteria for redesignation is to have an
approved maintenance plan under CAA
section 175A. The maintenance plan
must demonstrate that the area will
continue to maintain the NAAQS for the
period extending ten years after
redesignation, and it must contain such
additional measures as necessary to
ensure maintenance and such
contingency provisions as necessary to
assure that violations of the NAAQS
will be promptly corrected. Eight years
after the effective date of redesignation,
the state must also submit a second
maintenance plan to ensure ongoing
maintenance of the NAAQS for an
additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring
maintenance for 20 years after
redesignation).
EPA has published long-standing
guidance for states on developing
77 FR 30088.
‘‘Knoxville 1997 NAAQS Area’’
encompasses both the ‘‘Knoxville Area’’ and the
‘‘Knoxville 2008 NAAQS Area’’.
4 See 82 FR 54232 (November 16, 2017).
5 Section 107(d)(3)(E) of the CAA sets out the
requirements for redesignating a nonattainment area
to attainment. They include attainment of the
NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that
improvement in air quality is a result of permanent
and enforceable reductions in emissions,
demonstration that the state has met all applicable
section 110 and part D requirements, and a fully
approved maintenance plan under CAA section
175A.
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2 See
3 The
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maintenance plans.6 The Calcagni
memo provides that states may
generally demonstrate maintenance by
either performing air quality modeling
to show that the future mix of sources
and emission rates will not cause a
violation of the NAAQS or by showing
that projected future emissions of a
pollutant and its precursors will not
exceed the level of emissions during a
year when the area was attaining the
NAAQS (i.e., attainment year
inventory). See Calcagni memo at page
9. EPA clarified in three subsequent
guidance memos that certain areas
could meet the CAA section 175A
requirement to provide for maintenance
by showing that the area was unlikely
to violate the NAAQS in the future,
using information such as the area’s
design value 7 being significantly below
the standard and the area having a
historically stable design value.8 EPA
refers to a maintenance plan containing
this streamlined demonstration as an
LMP.
EPA has interpreted CAA section
175A as permitting the LMP option
because section 175A of the Act does
not define how areas may demonstrate
maintenance, and in EPA’s experience
implementing the various NAAQS,
areas that qualify for an LMP and have
approved LMPs have rarely, if ever,
experienced subsequent violations of
the NAAQS. As noted in the LMP
guidance memoranda, states seeking an
LMP must still submit the other
maintenance plan elements outlined in
the Calcagni memo, including: An
attainment emissions inventory,
provisions for the continued operation
of the ambient air quality monitoring
network, verification of continued
attainment, and a contingency plan in
the event of a future violation of the
NAAQS. Moreover, a state seeking an
LMP must still submit its section 175A
maintenance plan as a revision to its
SIP, with all attendant notice and
comment procedures. While the LMP
6 John Calcagni, Director, Air Quality
Management Division, EPA Office of Air Quality
Planning and Standards (OAQPS), ‘‘Procedures for
Processing Requests to Redesignate Areas to
Attainment,’’ September 4, 1992 (Calcagni memo).
7 The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone area is the highest
design value of any monitoring site in the area.
8 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas’’ from
Sally L. Shaver, OAQPS, dated November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas’’ from
Joseph Paisie, OAQPS, dated October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas’’ from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these
guidance memoranda can be found in the docket for
this proposed rulemaking.
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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
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
9 The prior memos addressed: Unclassifiable
areas under the 1-hour ozone NAAQS,
nonattainment areas for the PM10 (particulate matter
with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon
monoxide (CO) NAAQS.
guidance memoranda were originally
written with respect to certain NAAQS,9
EPA has extended the LMP
interpretation of section 175A to other
NAAQS and pollutants not specifically
covered by the previous guidance
memos.10
In a notice of proposed rulemaking
(NPRM) published on June 11, 2021 (86
FR 31218), EPA proposed to approve
Tennessee’s LMP because the State
made a showing, consistent with EPA’s
prior LMP guidance, that the Area’s
ozone concentrations are well below the
1997 8-hour ozone NAAQS and have
been historically stable and that it met
the other maintenance plan
requirements. The details of Tennessee’s
submission and the rationale for EPA’s
action are explained in the proposed
rulemaking. Comments on the June 11,
2021, NPRM were due on or before July
12, 2021. EPA did not receive any
comments on the June 11, 2021, NPRM.
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II. Final Action
EPA is taking final action to approve
the Knoxville Area LMP for the 1997
8-hour ozone NAAQS, submitted by
TDEC on January 23, 2021, as a revision
to the Tennessee SIP. EPA is approving
the Knoxville Area LMP because it
includes a sufficient update of the
various elements of the 1997 8-hour
ozone NAAQS Maintenance Plan
approved by EPA for the first 10-year
portion of the maintenance period
(including emissions inventory,
assurance of adequate monitoring and
verification of continued attainment,
and contingency provisions) and retains
the relevant provisions of the SIP under
sections 110(k) and 175A of the CAA.
EPA also finds that the Knoxville
Area qualifies for the LMP option and
that the Knoxville Area LMP is
sufficient to provide for maintenance of
the 1997 8-hour ozone NAAQS in the
Knoxville Area over the second 10-year
maintenance period (i.e., through 2031).
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38933
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 September 21, 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,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 15, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.2220, amend the table in
paragraph (e) by adding, at the end of
the table, the entry ‘‘1997 8-Hour Ozone
Second 10-Year Limited Maintenance
Plan for the Knoxville, Tennessee Area’’
to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
10 See, e.g., 79 FR 41900 (July 18, 2014) (approval
of the second ten-year LMP for the Grant County
1971 SO2 maintenance area).
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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic or
nonattainment area
*
1997 8-Hour Ozone Second 10-Year Limited
Maintenance Plan for
the Knoxville, Tennessee Area.
*
*
*
Jefferson, Loudon, and Sevier Counties in their
entireties, the portion of Cocke County that
falls within the boundary of the Great Smoky
Mountains National Park, and a portion of Anderson County that excludes the area surrounding Tennessee Valley Authority (TVA)
Bull Run Fossil Plant.
[FR Doc. 2021–15535 Filed 7–22–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 21–151; RM–11898; DA 21–
767; FR ID 36877]
Television Broadcasting Services
Eugene, Oregon
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
On April 14, 2021, the Media
Bureau, Video Division (Bureau) issued
a Notice of Proposed Rulemaking
(NPRM) in response to a petition for
rulemaking filed by Sinclair Eugene
Licensee, LLC (Petitioner), the licensee
of KVAL–TV, channel 13 (CBS), Eugene,
Oregon, requesting the substitution of
channel 28 for channel 13 at Eugene in
the DTV Table of Allotments. For the
reasons set forth in the Report and
Order referenced below, the Bureau
amends FCC regulations to substitute
channel 28 for channel 13 at Eugene.
DATES: Effective July 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Manley, Media Bureau, at (202)
418–0596 or Andrew.Manley@fcc.gov.
SUPPLEMENTARY INFORMATION: The
proposed rule was published at 86 FR
22126 on April 27, 2021. The Petitioner
filed comments in support of the
petition reaffirming its commitment to
apply for channel 28. No other
comments were filed. The Petitioner
states that VHF channels have certain
propagation characteristics which may
cause reception issues for some viewers.
In addition, KVAL has received
numerous complaints from viewers
unable to receive the Station’s over-theair signal, despite being able to receive
signals from other stations. The
Petitioner also demonstrated that while
SUMMARY:
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State
effective
date
Name of non-regulatory
SIP provision
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EPA approval date
*
*
1/8/2020 7/23/2021, [Insert citation of publication].
the noise limited contour of the
proposed channel 28 facility does not
completely encompass the licensed
channel 13 contour, KVAL is a CBS
affiliate and there are three other CBS
affiliated stations that, together, overlap
all areas where the channel 28 noise
limited contour does not extend beyond
the channel 13 noise limited contour,
except in a small geographic area with
no population. Thus, there is no loss of
CBS network service.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 21–151; RM–11898; DA 21–
767, adopted July 2, 2021, and released
July 2, 2021. The full text of this
document is available for download at
https://www.fcc.gov/edocs. To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(i), amend the PostTransition Table of DTV Allotments,
under Oregon, by revising the entry for
Eugene to read as follows:
■
§ 73.622 Digital television table of
allotments.
*
*
*
(i) * * *
Fmt 4700
Sfmt 9990
*
*
Community
*
*
Channel No.
*
*
*
OREGON
*
*
*
*
Eugene ...................................
*
*
*
*
9, 17, 28,
* 29, 31.
*
[FR Doc. 2021–15691 Filed 7–22–21; 8:45 am]
BILLING CODE 6712–01–P
Television.
Frm 00030
*
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
List of Subjects in 47 CFR Part 73
PO 00000
Explanation
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]]>Agencies
[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Rules and Regulations]
[Pages 38931-38934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15535]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0221; FRL-8761-02-R4]
Air Plan Approval; Tennessee; Knoxville Area Limited Maintenance
Plan for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state implementation plan (SIP) revision submitted
by the State of Tennessee, through the Tennessee Department of
Environment and Conservation (TDEC), Air Pollution Control Division,
via a letter dated January 23, 2020. The SIP revision includes the 1997
8-hour ozone national ambient air quality standards (NAAQS) Limited
Maintenance Plan (LMP) for the Knoxville, Tennessee Area (hereinafter
referred to as the ``Knoxville Area'' or ``Area''). The Knoxville Area,
as defined in this action, is comprised of Jefferson, Loudon, and
Sevier Counties in their entireties, the portion of Cocke County that
falls within the boundary of the Great Smoky Mountains National Park,
and a portion of Anderson County that excludes the area surrounding
Tennessee Valley Authority (TVA) Bull Run Fossil Plant. EPA is
approving the Knoxville Area LMP because it provides for the
maintenance of the 1997 8-hour ozone NAAQS within the Knoxville Area
through the end of the second 10-year portion of the maintenance
period. The effect of this action is to make certain commitments
related to maintenance of the 1997 8-hour ozone NAAQS in the Knoxville
Area federally enforceable as part of the Tennessee SIP.
DATES: This rule is effective August 23, 2021.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2020-0221. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not 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 can either be retrieved
electronically via www.regulations.gov or in hard copy at the Air
Regulatory
[[Page 38932]]
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: Sarah LaRocca, 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. The telephone number is
(404) 562-8994. Ms. LaRocca can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In 1979, under section 109 of the Clean Air Act (CAA or Act), EPA
established primary and secondary NAAQS for ozone at 0.12 parts per
million (ppm), averaged over a 1-hour period. See 44 FR 8202 (February
8, 1979). On July 18, 1997, EPA revised the primary and secondary NAAQS
for ozone to set the acceptable level of ozone in the ambient air at
0.08 ppm, averaged over an 8-hour period. See 62 FR 38856 (July 18,
1997).\1\ EPA set the 8-hour ozone NAAQS based on scientific evidence
demonstrating that ozone causes adverse health effects at lower
concentrations and over longer periods of time than was understood when
the pre-existing 1-hour ozone NAAQS was set. EPA determined that the 8-
hour ozone NAAQS would be more protective of human health, especially
children and adults who are active outdoors, and individuals with a
pre-existing respiratory disease, such as asthma.
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\1\ In March 2008, EPA completed another review of the primary
and secondary ozone NAAQS and tightened them further by lowering the
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone NAAQS and tightened them by lowering the level
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Knoxville
1997 NAAQS Area, which is comprised of Anderson, Blount, Knox,
Jefferson, Loudon, and Sevier Counties in their entireties, and the
portion of Cocke County that falls within the boundary of the Great
Smoky Mountains National Park, as nonattainment for the 1997 8-hour
ozone NAAQS, and the designation became effective on June 15, 2004. See
69 FR 23858 (April 30, 2004). Similarly, on May 21, 2012, EPA
designated areas as unclassifiable/attainment or nonattainment for the
2008 8-hour ozone NAAQS. EPA designated Blount and Knox Counties and
the portion of Anderson County surrounding the TVA Bull Run Fossil
Plant as nonattainment for the 2008 8-hour ozone NAAQS and classified
as a marginal nonattainment area (hereinafter referred to as the
``Knoxville 2008 NAAQS Area''). This designation became effective on
July 20, 2012.\2\ In addition, on November 16, 2017, areas were
designated for the 2015 8-hour ozone NAAQS. The Knoxville 1997 NAAQS
Area \3\ was designated attainment/unclassifiable for the 2015 8-hour
ozone NAAQS, with an effective date of January 16, 2018.\4\
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\2\ See 77 FR 30088.
\3\ The ``Knoxville 1997 NAAQS Area'' encompasses both the
``Knoxville Area'' and the ``Knoxville 2008 NAAQS Area''.
\4\ See 82 FR 54232 (November 16, 2017).
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A state may submit a request to redesignate a nonattainment area
that is attaining a NAAQS to attainment, and, if the area has met other
required criteria described in section 107(d)(3)(E) of the CAA, EPA may
approve the redesignation request.\5\ One of the criteria for
redesignation is to have an approved maintenance plan under CAA section
175A. The maintenance plan must demonstrate that the area will continue
to maintain the NAAQS for the period extending ten years after
redesignation, and it must contain such additional measures as
necessary to ensure maintenance and such contingency provisions as
necessary to assure that violations of the NAAQS will be promptly
corrected. Eight years after the effective date of redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the NAAQS for an additional ten years pursuant to CAA
section 175A(b) (i.e., ensuring maintenance for 20 years after
redesignation).
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\5\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignating a nonattainment area to attainment. They include
attainment of the NAAQS, full approval of the applicable SIP
pursuant to CAA section 110(k), determination that improvement in
air quality is a result of permanent and enforceable reductions in
emissions, demonstration that the state has met all applicable
section 110 and part D requirements, and a fully approved
maintenance plan under CAA section 175A.
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EPA has published long-standing guidance for states on developing
maintenance plans.\6\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that projected future
emissions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). See Calcagni memo at page 9. EPA clarified
in three subsequent guidance memos that certain areas could meet the
CAA section 175A requirement to provide for maintenance by showing that
the area was unlikely to violate the NAAQS in the future, using
information such as the area's design value \7\ being significantly
below the standard and the area having a historically stable design
value.\8\ EPA refers to a maintenance plan containing this streamlined
demonstration as an LMP.
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\6\ John Calcagni, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards (OAQPS),
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' September 4, 1992 (Calcagni memo).
\7\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone area is the
highest design value of any monitoring site in the area.
\8\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, OAQPS, dated
November 16, 1994; ``Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas'' from Joseph Paisie, OAQPS,
dated October 6, 1995; and ``Limited Maintenance Plan Option for
Moderate PM10 Nonattainment Areas'' from Lydia Wegman,
OAQPS, dated August 9, 2001. Copies of these guidance memoranda can
be found in the docket for this proposed rulemaking.
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EPA has interpreted CAA section 175A as permitting the LMP option
because section 175A of the Act does not define how areas may
demonstrate maintenance, and in EPA's experience implementing the
various NAAQS, areas that qualify for an LMP and have approved LMPs
have rarely, if ever, experienced subsequent violations of the NAAQS.
As noted in the LMP guidance memoranda, states seeking an LMP must
still submit the other maintenance plan elements outlined in the
Calcagni memo, including: An attainment emissions inventory, provisions
for the continued operation of the ambient air quality monitoring
network, verification of continued attainment, and a contingency plan
in the event of a future violation of the NAAQS. Moreover, a state
seeking an LMP must still submit its section 175A maintenance plan as a
revision to its SIP, with all attendant notice and comment procedures.
While the LMP
[[Page 38933]]
guidance memoranda were originally written with respect to certain
NAAQS,\9\ EPA has extended the LMP interpretation of section 175A to
other NAAQS and pollutants not specifically covered by the previous
guidance memos.\10\
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\9\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment for the carbon monoxide (CO)
NAAQS.
\10\ See, e.g., 79 FR 41900 (July 18, 2014) (approval of the
second ten-year LMP for the Grant County 1971 SO2
maintenance area).
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In a notice of proposed rulemaking (NPRM) published on June 11,
2021 (86 FR 31218), EPA proposed to approve Tennessee's LMP because the
State made a showing, consistent with EPA's prior LMP guidance, that
the Area's ozone concentrations are well below the 1997 8-hour ozone
NAAQS and have been historically stable and that it met the other
maintenance plan requirements. The details of Tennessee's submission
and the rationale for EPA's action are explained in the proposed
rulemaking. Comments on the June 11, 2021, NPRM were due on or before
July 12, 2021. EPA did not receive any comments on the June 11, 2021,
NPRM.
II. Final Action
EPA is taking final action to approve the Knoxville Area LMP for
the 1997 8-hour ozone NAAQS, submitted by TDEC on January 23, 2021, as
a revision to the Tennessee SIP. EPA is approving the Knoxville Area
LMP because it includes a sufficient update of the various elements of
the 1997 8-hour ozone NAAQS Maintenance Plan approved by EPA for the
first 10-year portion of the maintenance period (including emissions
inventory, assurance of adequate monitoring and verification of
continued attainment, and contingency provisions) and retains the
relevant provisions of the SIP under sections 110(k) and 175A of the
CAA.
EPA also finds that the Knoxville Area qualifies for the LMP option
and that the Knoxville Area LMP is sufficient to provide for
maintenance of the 1997 8-hour ozone NAAQS in the Knoxville Area over
the second 10-year maintenance period (i.e., through 2031).
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 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 September 21, 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, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 15, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.2220, amend the table in paragraph (e) by adding, at the
end of the table, the entry ``1997 8-Hour Ozone Second 10-Year Limited
Maintenance Plan for the Knoxville, Tennessee Area'' to read as
follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
[[Page 38934]]
EPA-Approved Tennessee Non-Regulatory Provisions
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Applicable
Name of non-regulatory SIP geographic or State EPA approval Explanation
provision nonattainment area effective date date
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* * * * * * *
1997 8-Hour Ozone Second 10- Jefferson, Loudon, 1/8/2020 7/23/2021,
Year Limited Maintenance and Sevier Counties [Insert
Plan for the Knoxville, in their citation of
Tennessee Area. entireties, the publication].
portion of Cocke
County that falls
within the boundary
of the Great Smoky
Mountains National
Park, and a portion
of Anderson County
that excludes the
area surrounding
Tennessee Valley
Authority (TVA)
Bull Run Fossil
Plant.
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[FR Doc. 2021-15535 Filed 7-22-21; 8:45 am]
BILLING CODE 6560-50-P
