Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 11873 

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. 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, Sulfur oxides. 

Dated: February 22, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§ 52.720 [Amended] 

■ 2. In § 52.720, the table in paragraph 

(d) is amended by removing the entry 

for ‘‘IPH/Ameren Energy’’. 

[FR Doc. 2021–03985 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 scofield.steve@

epa.gov. 

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 

11874 Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 

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 

Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. In § 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: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State 

effective 

date 

EPA 

approval 

date 

Explanation 

*******

2010 1-Hour SO2 Emissions 

Inventory for the Sullivan 

County Area.

Sullivan County ...................... 5/10/2017 3/1/2021, [Insert citation of 

publication].

Addressing the base-year 

emissions inventory requirements of 172(c)(3). 

2010 1-Hour SO2 Nonattainment New Source Review 

Plan for the Sullivan County 

Area.

Sullivan County ...................... 5/10/2017 3/1/2021, [Insert citation of 

publication].

[FR Doc. 2021–04063 Filed 2–26–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0186; FRL–10019– 

56–Region 4] 

Air Plan Approval; North Carolina; 

Revisions to Construction and 

Operation Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the North Carolina 

State Implementation Plan (SIP) 

submitted by the State of North Carolina 

through the North Carolina Department 

of Environmental Quality, Division of 

Air Quality (DAQ), on July 10, 2019. 

The SIP revision seeks to modify the 

State’s construction and operation 

permitting regulations by making minor 

changes that do not significantly alter 

the meaning of the regulations. EPA is 

approving this revision pursuant to the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective March 31, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0186. 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 can 

either be retrieved electronically via 

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.