Air Plan Approval; TN; Montgomery County Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS, 68421-68423 [2021-26143]
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68421
Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
(2) Infrastructure Requirements for the
2015 8-Hour Ozone NAAQS’’ at the end
of the table to read as follows:
Subpart PP—South Carolina
5. In § 52.2120(e), amend the table by
adding a new entry for ‘‘110(a)(1) and
■
State effective
date
Provision
*
*
110(a)(1) and (2) Infrastructure Requirements
for the 2015 8-Hour Ozone NAAQS.
*
9/7/2018
[FR Doc. 2021–26144 Filed 12–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPA–R04–OAR–2020–0428; FRL–8911–02–
R4]
Air Plan Approval; TN; Montgomery
County 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, on June 23, 2020. The
SIP revision includes the 1997 8-hour
ozone national ambient air quality
standards (NAAQS) Limited
Maintenance Plan (LMP) for the
Montgomery County, Tennessee portion
of the Clarksville-Hopkinsville Area
(hereinafter referred to as the
‘‘Montgomery County Area’’ or ‘‘Area’’).
The Clarksville-Hopkinsville Area is
comprised of Montgomery County,
Tennessee, and Christian County,
Kentucky. EPA is approving
Tennessee’s LMP for the Montgomery
County Area because it provides for the
maintenance of the 1997 8-hour ozone
NAAQS within the Montgomery County
Area through the end of the second 10year portion of the maintenance period.
The effect of this action would be to
make certain commitments related to
maintenance of the 1997 8-hour ozone
NAAQS in the Montgomery County
Area federally enforceable as part of the
Tennessee SIP.
DATES: This rule is effective January 3,
2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2020–0428. All
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SUMMARY:
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*
Identification of plan.
*
*
(e) * * *
EPA approval date
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
1 In March 2008, EPA completed another review
of the primary and secondary ozone NAAQS and
tightened them further by lowering the level for
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*
*
Explanation
*
*
12/2/2021, [Insert citation of publication] ...........
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
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:
PO 00000
§ 52.2120
*
Addressing Prongs 1
110(a)(2)(D)(i)(I) only.
*
and
2
of
section
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 Clarksville-Hopkinsville
Area, which included Montgomery
County, Tennessee, and Christian
County, Kentucky, 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 Montgomery County as
unclassifiable/attainment for the 2008 8hour ozone NAAQS. This designation
became effective on July 20, 2012. See
77 FR 30088 (May 21, 2012). In
addition, on November 16, 2017, areas
were designated for the 2015 8-hour
ozone NAAQS. The Montgomery
County Area was designated attainment/
unclassifiable for the 2015 8-hour ozone
NAAQS, with an effective date of
January 16, 2018. See 82 FR 54232
(November 16, 2017).
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
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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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
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redesignation request.2 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
maintenance plans.3 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 4 being significantly below
the standard and the area having a
historically stable design value.5 EPA
2 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.
3 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).
4 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.
5 See ‘‘Limited Maintenance Plan Option for
Nonclassifiable Ozone Nonattainment Areas,’’ from
Sally L. Shaver, OAQPS, November 16, 1994;
‘‘Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas,’’ from
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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
guidance memoranda were originally
written with respect to certain NAAQS,6
EPA has extended the LMP
interpretation of section 175A to other
NAAQS and pollutants not specifically
covered by the previous guidance
memos.7
In a notice of proposed rulemaking
(NPRM), published on September 23,
2021 (86 FR 52864), 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 NPRM.
Comments on the September 23, 2021,
NPRM were due on or before October
25, 2021. EPA did not receive any
comments on the September 23, 2021,
NPRM.
Joseph Paisie, OAQPS, October 6, 1995; and
‘‘Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas,’’ from Lydia Wegman,
OAQPS, August 9, 2001. Copies of these guidance
memoranda can be found in the docket for this
rulemaking.
6 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.
7 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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II. Final Action
EPA is taking final action to approve
the Montgomery County Area LMP for
the 1997 8-hour ozone NAAQS,
submitted by TDEC on June 23, 2020, as
a revision to the Tennessee SIP. EPA is
approving the Montgomery County 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 Montgomery
County Area qualifies for the LMP
option and that the Montgomery County
Area LMP is sufficient to provide for
maintenance of the 1997 8-hour ozone
NAAQS in the Clarksville-Hopkinsville
Area over the second 10-year
maintenance period (i.e., through 2025).
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);
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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Rules and Regulations
• 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 January 31, 2022. 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).
68423
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: November 26, 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 Montgomery County,
Tennessee 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
State
effective
date
*
1997 8-Hour Ozone Second 10Year Limited Maintenance Plan
for the Montgomery County, Tennessee Area.
*
*
Montgomery County .......................
*
6/10/2020
*
*
*
*
*
[FR Doc. 2021–26143 Filed 12–1–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 100
RIN 0906–AB27
lotter on DSK11XQN23PROD with RULES1
National Vaccine Injury Compensation
Program: Adding the Category of
Vaccines Recommended for Pregnant
Women to the Vaccine Injury Table
Health Resources and Services
Administration (HRSA), Department of
Health and Human Services (HHS).
ACTION: Final rule.
AGENCY:
On April 4, 2018, the
Secretary of Health and Human Services
SUMMARY:
VerDate Sep<11>2014
16:46 Dec 01, 2021
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EPA approval date
*
*
12/2/2021, [Insert citation of publication].
(the Secretary) published in the Federal
Register a notice of proposed
rulemaking (NPRM) to amend the
National Vaccine Injury Compensation
Program (VICP or Program) Vaccine
Injury Table (Table), consistent with the
statutory requirement to include
vaccines recommended by the Centers
for Disease Control and Prevention
(CDC) for routine administration in
pregnant women. Specifically, the
Secretary sought public comment
regarding how the addition of this new
category should be formatted on the
Table. Through this final rule, the
Secretary amends the Table to add
‘‘and/or pregnant women’’ after
‘‘children’’ to the existing language in
Item XVII as proposed in the NPRM.
This change will apply only to petitions
for compensation under the VICP filed
after the effective date of this final rule.
PO 00000
Frm 00035
Fmt 4700
Explanation
Sfmt 4700
DATES:
*
This rule is effective January 3,
2022.
FOR FURTHER INFORMATION CONTACT:
Tamara Overby, Acting Director,
Division of Injury Compensation
Programs, Healthcare Systems Bureau,
HRSA, 5600 Fishers Lane, Room
8N146B, Rockville, MD 20857, or by
telephone (855) 266–2427. This is a tollfree number.
SUPPLEMENTARY INFORMATION:
I. Background
The National Childhood Vaccine
Injury Act of 1986, title III of Public Law
99–660 (42 U.S.C. 300aa-10 et seq.),
established the VICP, a Federal
compensation program for individuals
thought to be injured by certain
vaccines. The statute governing the
VICP has been amended several times
since 1986 and will be hereinafter
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]]>Agencies
[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Rules and Regulations]
[Pages 68421-68423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26143]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
EPA-R04-OAR-2020-0428; FRL-8911-02-R4]
Air Plan Approval; TN; Montgomery County Limited Maintenance Plan
for the 1997 8-Hour Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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, on
June 23, 2020. The SIP revision includes the 1997 8-hour ozone national
ambient air quality standards (NAAQS) Limited Maintenance Plan (LMP)
for the Montgomery County, Tennessee portion of the Clarksville-
Hopkinsville Area (hereinafter referred to as the ``Montgomery County
Area'' or ``Area''). The Clarksville-Hopkinsville Area is comprised of
Montgomery County, Tennessee, and Christian County, Kentucky. EPA is
approving Tennessee's LMP for the Montgomery County Area because it
provides for the maintenance of the 1997 8-hour ozone NAAQS within the
Montgomery County Area through the end of the second 10-year portion of
the maintenance period. The effect of this action would be to make
certain commitments related to maintenance of the 1997 8-hour ozone
NAAQS in the Montgomery County Area federally enforceable as part of
the Tennessee SIP.
DATES: This rule is effective January 3, 2022.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2020-0428. 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 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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 Clarksville-
Hopkinsville Area, which included Montgomery County, Tennessee, and
Christian County, Kentucky, 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 Montgomery County as unclassifiable/
attainment for the 2008 8-hour ozone NAAQS. This designation became
effective on July 20, 2012. See 77 FR 30088 (May 21, 2012). In
addition, on November 16, 2017, areas were designated for the 2015 8-
hour ozone NAAQS. The Montgomery County Area was designated attainment/
unclassifiable for the 2015 8-hour ozone NAAQS, with an effective date
of January 16, 2018. See 82 FR 54232 (November 16, 2017).
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
[[Page 68422]]
redesignation request.\2\ 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).
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
EPA has published long-standing guidance for states on developing
maintenance plans.\3\ 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 \4\ being significantly
below the standard and the area having a historically stable design
value.\5\ EPA refers to a maintenance plan containing this streamlined
demonstration as an LMP.
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\3\ 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).
\4\ 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.
\5\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas,'' from Sally L. Shaver, OAQPS, November
16, 1994; ``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas,'' from Joseph Paisie, OAQPS, October 6, 1995;
and ``Limited Maintenance Plan Option for Moderate PM10
Nonattainment Areas,'' from Lydia Wegman, OAQPS, August 9, 2001.
Copies of these guidance memoranda can be found in the docket for
this 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 guidance memoranda were originally written with respect
to certain NAAQS,\6\ EPA has extended the LMP interpretation of section
175A to other NAAQS and pollutants not specifically covered by the
previous guidance memos.\7\
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\6\ 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.
\7\ 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 September
23, 2021 (86 FR 52864), 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 NPRM. Comments
on the September 23, 2021, NPRM were due on or before October 25, 2021.
EPA did not receive any comments on the September 23, 2021, NPRM.
II. Final Action
EPA is taking final action to approve the Montgomery County Area
LMP for the 1997 8-hour ozone NAAQS, submitted by TDEC on June 23,
2020, as a revision to the Tennessee SIP. EPA is approving the
Montgomery County 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 Montgomery County Area qualifies for the
LMP option and that the Montgomery County Area LMP is sufficient to
provide for maintenance of the 1997 8-hour ozone NAAQS in the
Clarksville-Hopkinsville Area over the second 10-year maintenance
period (i.e., through 2025).
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);
[[Page 68423]]
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 January 31, 2022. 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: November 26, 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 Montgomery County, Tennessee Area'' to read as
follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
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Applicable
Name of non-regulatory SIP geographic or State effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
1997 8-Hour Ozone Second 10-Year Montgomery County.. 6/10/2020 12/2/2021, [Insert
Limited Maintenance Plan for citation of
the Montgomery County, publication].
Tennessee Area.
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* * * * *
[FR Doc. 2021-26143 Filed 12-1-21; 8:45 am]
BILLING CODE 6560-50-P
