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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations
the area and demonstrate the emissions will be consistent with the achievement of RFP and will not interfere with attainment of the applicable NAAQS;
require permits for new or modified major sources anywhere in the nonattainment area; include enforceable emission limitations and such other measures as may be necessary or appropriate to provide for attainment the NAAQS; comply with CAA section 110a2; and provide for the implementation of contingency measures to be undertaken if the area fails to make RFP, or to attain the NAAQS by the attainment date. In this action, the only portions of Tennessees submissions that EPA is approving are the emissions inventory and NNSR
requirements of 172c3 and 5, respectively.
On April 23, 2014, EPA issued a guidance document entitled, Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions. This guidance provides recommendations for the development of SO2 nonattainment SIPs to satisfy CAA requirements see, e.g., sections 172, 191, and 192. A nonattainment SIP
must also meet the requirements of 40
CFR part 51, subparts F and G, and 40
CFR part 51, appendix W the Guideline on Air Quality Models; the Guideline, and include inventory data, modeling results, and emissions reduction analyses on which the state has based its projected attainment. The base year emissions inventory section 172c3 is required to show a comprehensive, accurate, current inventory of all relevant pollutants in the nonattainment area. To meet the NNSR requirements of section 172c5, the states SIP is required to include a program to address new and modified major sources as provided in 40 CFR
51.165.
For a number of areas, including the Sullivan County Area, EPA published a document on March 18, 2016, finding that pertinent states had failed to submit the required SO2 nonattainment plan by the submittal deadline. See 81 FR
14736. This finding initiated a deadline under CAA section 179a for the potential imposition of new source review and highway funding sanctions, and for EPA to promulgate a federal implementation plan FIP under section 110c of the CAA. In response to the requirement for SO2
nonattainment plan submittals, Tennessee submitted a nonattainment plan for the Sullivan County Area on May 12, 2017. Pursuant to Tennessees May 12, 2017, submittals and EPAs subsequent completeness determination letter dated October 10, 2017, sanctions under section 179a will not be
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imposed as a result of Tennessee having missed the April 4, 2015, submission deadline.
On June 29, 2018 83 FR 30609, EPA
proposed to approve Tennessees May 12, 2017, nonattainment plan submittals and SO2 attainment demonstration. The States submittals and attainment demonstration included all the specific nonattainment SIP elements mentioned above. Comments on EPAs proposed rulemaking were due on or before July 30, 2018. EPA received two sets of relevant comments on the proposed approval of Tennessees nonattainment area plan for the Sullivan County Area.
These comments and others are available in the docket for this final rulemaking action. None of the comments received related to EPAs proposed approval of the emissions inventory pursuant to 172c3 or the NNSR requirements pursuant to 172c5, and these requirements are separate and severable from the requirements for which EPA received comments.
For a comprehensive discussion of EPAs analysis and rationale for approval of the emissions inventory and NNSR portions of the States submittals for this Area, please refer to EPAs June 29, 2018, notice of proposed rulemaking. EPA has determined that the Tennessee SIP submittals provide a comprehensive, accurate, and current inventory of SO2 emissions in the Sullivan County Area. In addition, Tennessees SIP contains NNSR
requirements at Tennessee Air Pollution Control Regulation 12000309.015
that satisfy the applicable federal NNSR
requirements for permitting of new and modified major sources.
II. Final Action EPA is taking final action to approve the emissions inventory and NNSR
portions of Tennessees SO2
nonattainment SIP submissions, which the State submitted to EPA on May 12, 2017, to meet certain nonattainment area planning requirements. EPA has determined that these portions of Tennessees nonattainment SIP meet the applicable requirements of sections 110
and 172 of the CAA and applicable regulatory requirements at 40 CFR part 51.
III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations.
See 42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices,
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provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 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 submit a rule report, which includes a
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