Rule2021-15535
Air Plan Approval; Tennessee; Knoxville Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 23, 2021
Effective
August 23, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 139 (Friday, July 23, 2021)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15535]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#3955584b565a5a58174a584b58795c4958175e564f"><span class="__cf_email__" data-cfemail="d7bbb6a5b8b4b4b6f9a4b6a5b697b2a7b6f9b0b8a1">[email protected]</span></a>.
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 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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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 PM<INF>10</INF> 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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\9\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM<INF>10</INF>
(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 SO<INF>2</INF>
maintenance area).
---------------------------------------------------------------------------
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State EPA approval Explanation
provision nonattainment area effective date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-15535 Filed 7-22-21; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 23, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.