[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Rules and Regulations]
[Pages 11873-11875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04063]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0626; FRL-10017-45-Region 4]


Air Plan Approval; Tennessee; Emissions Inventory and 
Nonattainment New Source Review Plan for Sullivan County SO2 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of State Implementation Plan (SIP) revisions 
submitted by the State of Tennessee, through the Tennessee Department 
of Environment and Conservation (TDEC), on May 12, 2017. The portions 
that EPA is approving are the emissions inventory and nonattainment new 
source review (NNSR) requirements for the 2010 1-hour sulfur dioxide 
(SO2) primary national ambient air quality standard (NAAQS) 
for the Sullivan County SO2 nonattainment area (hereinafter 
referred to as the ``Sullivan County Area'' or ``Area''). The Sullivan 
County Area is comprised of a portion of Sullivan County in Tennessee 
surrounding the Eastman Chemical Company (hereinafter referred to as 
``Eastman''). EPA is not taking action on the other portions of the May 
12, 2017, SIP submissions. EPA has determined that Tennessee has met 
the applicable emissions inventory and NNSR requirements under the 
Clean Air Act (CAA or Act) for the 2010 1-hour primary SO2 
NAAQS in the Sullivan County Area.

DATES: This rule is effective March 31, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0626. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be 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 are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Scofield can be 
reached via telephone at (404) 562-9034 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    On June 22, 2010, EPA published notice of a new 1-hour primary 
SO2 NAAQS of 75 parts per billion (ppb), which is met at an 
ambient air quality monitoring site when the 3-year average of the 
annual 99th percentile of daily maximum 1-hour concentrations does not 
exceed 75 ppb, as determined in accordance with appendix T of 40 CFR 
part 50. See 75 FR 35520, codified at 40 CFR 50.17(a) and (b). On 
August 5, 2013, EPA designated a first set of 29 areas of the country 
as nonattainment for the 2010 SO2 NAAQS, including the 
Sullivan County Area within the State of Tennessee. See 78 FR 47191, 
codified at 40 CFR part 81, subpart C. These ``Round one'' area 
designations were effective October 4, 2013. Section 191(a) of the CAA 
directs states to submit SIPs for areas designated as nonattainment for 
the SO2 NAAQS to EPA within 18 months of the effective date 
of the designation, i.e., by no later than April 4, 2015 in this case. 
Section 192(a) requires that such plans shall provide for NAAQS 
attainment as expeditiously as practicable, but no later than 5 years 
from the effective date of designation, which is October 4, 2018 in 
this case, in accordance with CAA sections 191-192.
    Section 172(c) of part D of the CAA requires such SIP submittals to 
comply with the following: Provide for the implementation of all 
reasonably available control measures as expeditiously as practicable 
and attainment of the NAAQS; require reasonable further progress (RFP); 
include a comprehensive, accurate, current inventory of actual 
emissions from all sources in the area; identify and quantify the 
emissions of any pollutants from new or modified major sources in

[[Page 11874]]

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 110(a)(2); 
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 Tennessee's 
submissions that EPA is approving are the emissions inventory and NNSR 
requirements of 172(c)(3) 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 172(c)(3)) is 
required to show a ``comprehensive, accurate, current inventory'' of 
all relevant pollutants in the nonattainment area. To meet the NNSR 
requirements of section 172(c)(5), the state's 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 179(a) for the potential imposition of new 
source review and highway funding sanctions, and for EPA to promulgate 
a federal implementation plan (FIP) under section 110(c) 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 Tennessee's May 12, 2017, 
submittals and EPA's subsequent completeness determination letter dated 
October 10, 2017, sanctions under section 179(a) will not be 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 Tennessee's 
May 12, 2017, nonattainment plan submittals and SO2 
attainment demonstration. The State's submittals and attainment 
demonstration included all the specific nonattainment SIP elements 
mentioned above. Comments on EPA's proposed rulemaking were due on or 
before July 30, 2018. EPA received two sets of relevant comments on the 
proposed approval of Tennessee's 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 EPA's proposed approval of the emissions inventory pursuant 
to 172(c)(3) or the NNSR requirements pursuant to 172(c)(5), and these 
requirements are separate and severable from the requirements for which 
EPA received comments.
    For a comprehensive discussion of EPA's analysis and rationale for 
approval of the emissions inventory and NNSR portions of the State's 
submittals for this Area, please refer to EPA's 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, 
Tennessee's SIP contains NNSR requirements at Tennessee Air Pollution 
Control Regulation 1200-03-09-.01(5) 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 Tennessee's 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 Tennessee's 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. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
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. 104-4);
     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 12(d) 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

[[Page 11875]]

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. 804(2).
    Under section 307(b)(1) 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 April 30, 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 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 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

Signing Statement

    This document of the Environmental Protection Agency was signed on 
January 4, 2021, by Mary Walker, Regional Administrator, pursuant to 
the Statutory Deadline of the Clean Air Act. That document with the 
original signature and date is maintained by EPA. For administrative 
purposes only, and in compliance with requirements of the Office of the 
Federal Register, the undersigned EPA Official re-signs the document 
for publication, as an official document of the Environmental 
Protection Agency. This administrative process in no way alters the 
legal effect of this document upon publication in the Federal Register.

    Dated: February 23, 2021.
John Blevins,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart RR--Tennessee

0
2. In Sec.  52.2220 amend the table in paragraph (e) by adding, at the 
end of the table, entries for ``2010 1-Hour SO2 Emissions 
Inventory for the Sullivan County Area'' and ``2010 1-Hour 
Nonattainment New Source Review Plan for the Sullivan County Area'' to 
read as follows:


Sec.  52.2220  Identification of plan.

* * * * *
    (e) * * *

                                EPA-Approved Tennessee Non-Regulatory Provisions
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                                        Applicable
    Name of non-regulatory SIP        geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  effective date
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                                                  * * * * * * *
2010 1-Hour SO2 Emissions          Sullivan County....       5/10/2017  3/1/2021, [Insert    Addressing the base-
 Inventory for the Sullivan                                              citation of          year emissions
 County Area.                                                            publication].        inventory
                                                                                              requirements of
                                                                                              172(c)(3).
2010 1-Hour SO2 Nonattainment New  Sullivan County....       5/10/2017  3/1/2021, [Insert    ...................
 Source Review Plan for the                                              citation of
 Sullivan County Area.                                                   publication].
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[FR Doc. 2021-04063 Filed 2-26-21; 8:45 am]
BILLING CODE 6560-50-P