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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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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. 1044;
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 12d 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 Tennessees LMP because the State made a showing, consistent with EPAs prior LMP guidance, that the Areas 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 Tennessees submission and the rationale for EPAs 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 110k 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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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. 8042.
Under section 307b1 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 307b2.
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 52APPROVAL 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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