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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
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The updated modeling was performed using the current version of EPAs recommended dispersion model, AERMOD version 19191, with the most recent three years of actual SO2
emissions 20172019 from the TVA
Gallatin facility and concurrent meteorology data.15
After reviewing Tennessees request under CAA section 107d3D and all available information, EPA has determined that the modeling provided by the State comports with EPAs current Modeling TAD and EPAs Guideline on Air Quality Models 40
CFR part 51 Appendix W and is acceptable for assessing the attainment status of the Sumner County Area. The States modeling indicates that the predicted maximum design value at any receptor in the modeling domain is 60.5
micrograms per cubic meter mg/m3, or 23.1 ppb. EPAs review confirms that the modeling results appropriately characterize the air quality in the Sumner County Area and that predicted ambient SO2 concentrations are below the 2010 1-hour SO2 NAAQS of 196.4
mg/m3, or 75 ppb. Additionally, there is no evidence of monitored or modeled violations in the surrounding counties such that the source is contributing to any nearby area that does not meet the NAAQS.
EPA is taking final action to approve Tennessees redesignation request and is redesignating the entirety of Sumner County that was designated as unclassifiable in July 2016 to attainment/unclassifiable based on the currently available information that demonstrates attainment of the 2010 1hour SO2 NAAQS.16 In a notice of redesignate Sumner County, Tennessee, to attainment/unclassifiable for the 2010 1-hour SO2
NAAQS.
14 EPA is redesignating the area to attainment/
unclassifiable because, as noted in the proposal, EPA reserves the attainment category for when EPA redesignates a nonattainment area that has attained the relevant NAAQS and has an approved maintenance plan.
15 The TSD included in the docket for this proposed redesignation action provides a detailed summary of Tennessees modeling analysis and EPAs evaluation of the modeling. The modeling files are not included in the electronic docket for this action due to their nature, size, and incompatibility with the Federal Docket Management System. These files are available at the EPA Region 4 office for review. To request these files, please contact the person listed in the notice under the section titled FOR FURTHER INFORMATION
CONTACT.
16 For redesignations of unclassifiable areas, the necessary analysis is equivalent to what would be required in a designation in the first instance since EPA has not found the area to be attainment or nonattainment. In this first instance, the goal is to characterize existing ambient air quality. As such, it is appropriate to use actual emissions for estimating existing air quality. EPAs acceptance of modeling using actual emissions in this instance
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proposed rulemaking NPRM published on March 5, 2021 86 FR 12892, EPA
proposed to approve the States redesignation request. The details of Tennessees submittal and the rationale for EPAs actions are further explained in the NPRM. Comments on the NPRM
were due on or before April 5, 2021.
EPA did not receive any adverse comments on the action.
III. Final Action EPA is approving Tennessees September 29, 2020, request to redesignate the Sumner County Area from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS. EPA has reviewed the modeling provided by the State with its redesignation request and finds that it complies with EPAs current Modeling TAD and EPAs Guideline on Air Quality Models 40 CFR part 51
Appendix W and is acceptable for assessing the attainment status of the Sumner County Area. This approval of the redesignation request changes the legal designation, found at 40 CFR part 81, of Sumner County from unclassifiable to attainment/
unclassifiable for the 2010 1-hour SO2
NAAQS.
IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment/unclassifiable is an action that affects the status of a geographical area and does not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment/
unclassifiable does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Accordingly, this action merely redesignates an area to attainment/unclassifiable and does not impose additional requirements. 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 should not be construed to define what would be needed for a demonstration of attainment and maintenance for purposes of a redesignation of a nonattainment area to attainment.

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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 Will not have disproportionate human health or environmental effects under Executive Order 12898 59 FR
7629, February 16, 1994.
This final redesignation does not apply to 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. 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 July 26, 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
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