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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Rules and Regulations
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addressing the identified deficiency, EPA conditionally approved the February 27, 2017, submission. In the same action, EPA approved removal of the States NOX Budget Trading Program and CAIR rules from Tennessees SIP.
See 84 FR 7998 March 6, 2019.
Tennessee submitted a SIP revision on December 19, 2019, which revised TAPCR 12000327.12, NOX SIP Call Requirements for Stationary Boilers and Combustion Turbines to correct the definition of affected unit and to clarify requirements related to stationary boilers and combustion turbines. On June 8, 2020 85 FR 35046, EPA published a notice of proposed rulemaking NPRM proposing to correct the definition of affected unit and to clarify requirements related to stationary boilers and combustion turbines. EPA also proposed to convert the conditional approval of the TN 2017
NOX SIP Call Rule to a full approval.
See EPAs June 8, 2020 85 FR 35046, NPRM for further detail on these changes and EPAs rationale for approving them.
II. Response To Comment EPA received one public comment on the June 8, 2020, NPRM. The comment is provided in the docket for this final rulemaking. EPAs response to this comment is below.
Comment: The commenter asserts that EPA should not approve this rule and that EPA should rescind its prior conditional approval of the TN 2017
NOX SIP Call Rule. The commenter asserts that court rulings have found that EPAs reliance on modeling for the year 2023 was improper, and EPA must fully address upwind states significant contribution by the applicable attainment date. The commenter further asserts that the CSAPR Update does not fully address downwind contributions under the Wisconsin and New York court decisions. The commenter also asserts that EPA cannot approve this action until it addresses the court decisions, including Wisconsin, New York, and Maryland.
Response: EPA disagrees with the comment that EPA should not approve this rule and should rescind its prior approval of the TN 2017 NOX SIP Call Rule. As discussed above, EPA has already approved the TN 2017 NOX SIP
Call Rule, which addressed Tennessees ongoing NOX SIP Call obligations for existing and new large non-EGUs and which EPA conditionally approved due to a deficiency in the definition of affected unit. See 84 FR 7998 March 6, 2019. In this action, EPA is approving into the Tennessee SIP changes to the TN 2017 NOX SIP Call Rule that correct
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the definition of affected unit, clarify requirements related to stationary boilers and combustion turbines, and convert the conditional approval to a full approval. See NPRM. EPA has evaluated these changes, has determined that the changes correct the deficiency and provide clarifying edits that are consistent with the NOX SIP
Call and the CAA, and is approving those changes into the SIP. See id. In this action, EPA is not approving any changes to the NOX SIP Call or to Tennessees obligations under the NOX
SIP Call, and did not approve any such changes through its prior approval of the TN 2017 NOX SIP Call Rule.9
With respect to the commenters assertions regarding Wisconsin, New York, Maryland, and 2023 modeling, EPA believes these comments to be beyond the scope of this rulemaking.
Nevertheless, EPA is providing the following explanation. The NOX SIP
Call fully addressed obligations under the good neighbor provision for the 1979 1-hour ozone NAAQS. In contrast, the CSAPR Update, which was at issue in Wisconsin v. EPA, 938 F.3d 303, 308
37 D.C. Cir. 2019, and the CSAPR
Close-out, which was at issue in New York v. EPA, 781 F. Appx 4 D.C. Cir.
2019, involved obligations under the good neighbor provision for the 2008
ozone NAAQS. Further, Maryland v.
EPA, 958 F.3d 1185 D.C. Cir. 2020, which applied the Wisconsin decision in the context of EPAs denial of a petition under CAA section 126b, included a discussion with regard to obligations for the 2015 ozone NAAQS.
None of these cases bear on the approval action here, which has nothing to do with the selection of an analytic year or developing a full remedy for addressing good neighbor obligations.
III. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of TAPCR 12000327.12, NOX SIP Call Requirements for Stationary Boilers and Combustion Turbines, state effective December 12, 2019, which revises Tennessees state control program to comply with the obligations of the NOX SIP Call. EPA has made, and will continue to make the SIP
generally available through www.regulations.gov and at the EPA
Region 4 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this 9 EPA is not reopening its prior rulemaking actions in this action.

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preamble for more information.
Therefore, the revised materials as stated above, have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.
IV. Final Action EPA is approving Tennessees December 19, 2019, submission, which revises TAPCR 12000327.12, NOX
SIP Call Requirements for Stationary Boilers and Combustion Turbines, to correct the definition of affected unit and to clarify requirements related to stationary boilers and combustion turbines. In addition, EPA is converting the March 6, 2019, conditional approval of TAPCR 12000327.12 to a full approval. EPA has concluded that these changes will not interfere with attainment and maintenance of the NAAQS, reasonable further progress, or any other applicable requirement of the CAA.
V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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. Accordingly, 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
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