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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
emission standards, as discussed further below in this response. I/M programs reduce the emissions of certain pollutants primarily NOX, VOC, and CO by identifying individual vehicles with malfunctioning or deteriorated emission control systems and requiring the repair of these vehicles to bring them closer to their original certification levels. As discussed in the April 2021
SNPRM, the projected combined point, non-point, on-road and non-road NOX, VOC, and CO emissions increases for the 2022 scenarios with and without the I/M program will not impact the Areas attainment of the ozone NAAQS given that total emissions of these pollutants in 2022 without the I/M program will be well under the total emissions in 2014
and given the current design values for Hamilton County and the Middle Tennessee area.
Further, EPA has promulgated multiple Federal requirements for engine and fuel standards to ensure that passenger vehicles are cleaner since the 2000s. On February 10, 2000, EPA
issued the Tier 2 passenger light duty vehicle standards. See 65 FR 6698. The standards set stringent emissions standards for passenger vehicles, as well as limits on the amount of sulfur, a naturally occurring contaminant, in gasoline. Limiting sulfur in gasoline allows emissions reduction technologies like catalysts to be significantly more effective in reducing NOX and other pollutants. Vehicles and their fuels continue to be an important contributor to air pollution. EPA in 2014 issued standards commonly known as Tier 3, 79 FR 23414 April 28, 2014, which considered the vehicle and its fuel as an integrated system, setting new vehicle emissions standards and a new gasoline sulfur standard beginning in 2017. The vehicle emissions standards reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. The gasoline sulfur standard enables more stringent vehicle emissions standards and makes emissions control systems more effective. These rules further cut the sulfur content of gasoline. Cleaner fuel makes possible the use of new vehicle emission control technologies and cuts harmful emissions in existing vehicles.
These standards will continue to reduce atmospheric levels of ozone of which NOX and VOC are the primary precursors, PM, NO2, and toxic pollution. Also, cessation of the I/M
program will not yield an immediate change in vehicle emissions. The I/M
programs benefits will continue for a period of time after its cessation, as
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vehicles inspected and/or repaired up until that time would continue to operate in a manner that meets the emissions specification of the program.
EPA also notes that the removal of the I/M program from Tennessees SIP does not remove the ambient air quality monitoring requirements that the State must comply with pursuant to 40 CFR
part 58. Ambient air quality monitoring will continue in these areas without the I/M program in Hamilton County and the Middle Tennessee Area.
Comment A5: Some commenters mention that air quality is poor in Hamilton County and the Middle Tennessee Area. Commenters refer to 2018 and 2019 reports from the American Lung Association ALA.17
One commenter states that in the 2019
ALA report, Hamilton County received a D rating, ranking it among the worst counties in Tennessee for air quality.
Other commenters express concern with breathing unhealthy air in Nashville, with one commenter stating that in 2019, Nashville plummeted to the bottom of the American Lung Associations ALAs State of Air report with unhealthy levels of ozone that put citizens at risk for premature death and other health effects. . . . Commenters state that Tennessee achieved attainment status in 2017 but also note that the ALAs annual State of Air Report indicates air quality across the country is beginning to decline, and that 4 in 10 Americans are living with unhealthy air. A commenter further states that Emissions testing is important to ensure Tennessee stays in attainment and continues to improve its air quality. Additionally, a commenter cites to the ALA report to assert that while ozone levels are improving PM2.5 levels are becoming worse, in part due to climate change-driven wildfires.
The commenters also request that EPA
allow local governments the ability to opt-in to testing and use this tool to protect air quality.
Response A5: First, EPA notes that Tennessee is meeting all of the NAAQS
for all areas in the State with one exception, discussed below. As further detailed in EPAs June 2020 NPRMs and EPAs April 2021 SNPRM, air monitoring data for EPAs most recent and stringent health-based NAAQS
demonstrate compliance with these NAAQS in most areas of Tennessee, including Hamilton County and the Middle Tennessee Area. State and local agencies submit air monitoring data 17 Commenters did not provide either ALA report with their comments. EPA has retrieved these reports and is providing them in the dockets for this final rulemaking.

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annually, and EPA evaluates this data for compliance with the NAAQS.18 See 40 CFR part 58. Tennessees 2020 data for compliance with the NAAQS was certified in April 2021. EPA has a robust process to establish the NAAQS and sets the NAAQS at a level requisite to protect human health and the environment. Tennessees compliance with the NAAQS inherently means that citizens in such areas are breathing air that is protective of human health.
Second, EPA notes that ALA uses a different methodology in grading areas than EPA uses in evaluating areas for compliance with the NAAQS. See 2019 ALA report pages 5154
discussing the methodology used by ALA in grading areas. As discussed in Response A3, EPA evaluates SIP
revisions for compliance with the NAAQS. EPA notes that the statement in the ALA report that 4 in 10
Americans are living with unhealthy air is not a direct reference to areas in Tennessee. With respect to the assertions regarding PM2.5, please see response A6, below.
With respect to commenters assertions that the I/M program should be maintained to ensure continued compliance with the NAAQS and requests that local areas be allowed to opt-in to I/M programs, EPA disagrees in part. EPA notes that Tennessee currently implements the I/M program as part of the States discretionary measures to attain and maintain the NAAQS. CAA section 110l provides that the Administrator cannot approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment, or any other applicable requirement of the CAA. In addition, section 110k of the CAA requires EPA to approve SIP
revisions that meet all applicable CAA
requirements. As further discussed in the April 2021 SNPRM, EPA has determined that section 110l requirements have been met because removal of the I/M program will not interfere with attainment or maintenance of any NAAQS or any other requirement of the CAA.
Therefore, because EPA has determined that the SIP revisions meet all applicable requirements, EPA is approving Tennessees request to remove the I/M program from the SIP.
EPAs action to remove the I/M program does not preclude the state or local 18 The State of Tennessee submitted its 2020 data on April 7, 2021; EPA concurrence was sent on April 9, 2021. Nashville submitted its 2020 data on April 19, 2021; EPA concurrence was sent on April 20, 2021. Chattanooga submitted its 2020 data on April 30, 2021; EPA concurrence was sent on April 30, 2021.

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