Federal Register - July 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations D. Unfunded Mandates Reform Act UMRA
I. National Technology Transfer and Advancement Act NTTAA
ENVIRONMENTAL PROTECTION
AGENCY
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law.
Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action.
Section 12d of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12d of the NTTAA because application of those requirements would be inconsistent with the CAA.
40 CFR Part 52
E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because this action does apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law.
There are no areas of Indian country located in the West Pinal PM10
nonattainment area. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive order. This action is not subject to Executive Order 13045
because it does not impose additional requirements beyond those imposed by state law.
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J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA lacks the discretionary authority to address environmental justice in this action.
K. Congressional Review Act CRA
This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a major rule as defined by 5 U.S.C. 8042.
L. Petitions for Judicial Review Under section 307b1 of the Clean Air Act, 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 rule 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, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use
Dated: July 8, 2021.
Elizabeth Adams, Acting Regional Administrator, Region IX.
This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
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Air Plan Approval; Tennessee;
Knoxville Area Limited Maintenance Plan for the 1997 8-Hour Ozone NAAQS
Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:
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 10year 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. EPAR04OAR20200221. All documents in the docket are listed on the www.regulations.gov 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 www.regulations.gov or in hard copy at the Air Regulatory SUMMARY:
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