38928 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0248 to read as 

follows: 

§ 165.T08–0248 Safety Zone; Cumberland 

River, Nashville, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Cumberland River from mile marker 

190.5 to mile marker 191.5 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Ohio Valley (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF–FM radio 

channel 16 or phone at 1–800–253– 

7465. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement periods. This section 

will be enforced from 9 p.m. until 10:30 

p.m. on August 7, 2021. 

Dated: July 14, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–15767 Filed 7–22–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0373; FRL–8715–02– 

R9] 

Finding of Failure To Submit a State 

Implementation Plan To Meet the 1987 

24-Hour PM10 Standard; Moderate Area 

Requirements; West Pinal County; 

Arizona 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making a finding that 

Arizona has not submitted a required 

revision to the Arizona State 

Implementation Plan (SIP) for the West 

Pinal County nonattainment area 

addressing Clean Air Act (CAA) 

requirements for a Moderate area 

attainment plan, related rules, and other 

analyses needed to attain the 1987 24- 

hour particulate matter (PM10) National 

Ambient Air Quality Standard (NAAQS) 

by December 31, 2018. Under the CAA, 

Arizona was required to submit a 

moderate area PM10 attainment plan for 

West Pinal County no later than January 

2, 2014, and the State did so on 

December 21, 2015. On May 17, 2021, 

Arizona withdrew its Moderate area 

attainment plan submission. This 

finding establishes a deadline for EPA to 

promulgate a Federal Implementation 

Plan (FIP) to address these CAA 

requirements 24 months from the 

effective date of this finding. The CAA 

also provides for the imposition of 

sanctions if Arizona does not submit the 

required attainment plan within 

timeframes specified by the CAA. 

DATES: This finding is effective on 

August 23, 2021. 

ADDRESSES: The EPA has established a 

docket for this action identified by the 

following identification number, EPA– 

R09–OAR–2021–0373. Generally, 

documents in the docket for this action 

are available electronically at the 

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, e.g., Confidential 

Business Information (CBI) 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 through https:// 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Wamsley, EPA Region IX, (415) 947– 

4111, wamsley.jerry@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedure Act 

(APA), 5 U.S.C. 553(b)(B), provides that 

an agency may issue a rule without 

providing notice and an opportunity for 

public comment when that agency finds 

for good cause that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest. The EPA has determined that 

there is good cause for issuing this 

finding without prior proposal and 

opportunity for comment because there 

is little or no judgment involved for the 

EPA to make a finding of failure to 

submit SIPs or elements of SIPs required 

by the CAA, where states have not 

submitted a required SIP revision by the 

date specified by statute, made 

incomplete submissions, or, as in this 

case, withdrawn an existing submission. 

In such circumstances, EPA finds that 

notice and public procedures are 

unnecessary and that this constitutes 

good cause under 5 U.S.C. 553(b)(B). 

Throughout this document, ‘‘we,’’ 

‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background and Statutory Requirements 

A. The PM10 NAAQS and the EPA’s 

Nonattainment Redesignation of West 

Pinal County 

B. CAA Moderate PM10 Nonattainment 

Area Requirements for West Pinal 

County 

C. Consequences of This Finding That 

Arizona Failed To Submit a PM10

Implementation Plan for West Pinal 

County 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Statutory 

Requirements 

A. The PM10 NAAQS and the EPA’s 

Nonattainment Redesignation of West 

Pinal County 

The EPA sets the NAAQS for certain 

ambient air pollutants at levels required 

to protect public health and welfare. 

Particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

ten micrometers, or PM10, is one of the 

ambient air pollutants for which the 

EPA has established health-based 

standards. The EPA revised the NAAQS 

(or ‘‘standards’’) for particulate matter 

on July 1, 1987, replacing the standards 

for total suspended particulates (TSP 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations 38929 

1 53 FR 24634 (July 1, 1987). The 1987 PM10

standards included a 24-hour (150 micrograms per 

cubic meter (mg/m3)) and an annual standard (50 mg/ 

m3). In 2006, the EPA revoked the annual standard; 

see 71 FR 61144 (October 17, 2006) and 40 CFR 

50.6. 

2An exceedance is defined as a daily value that 

is above the level of the 24-hour standard, 150 mg/ 

m3, after rounding to the nearest 10 mg/m3 (i.e., 

values ending in five or greater are to be rounded 

up). Consequently, a recorded value of 154 mg/m3

would not be an exceedance because it would be 

rounded to 150 mg/m3; whereas, a recorded value 

of 155 mg/m3 would be an exceedance because it 

would be rounded to 160 mg/m3. See 40 CFR part 

50, appendix K, section 1.0. 

3 78 FR 3806 (January 13, 2013). 

4Letter from Laura Yoshii, Acting Regional 

Administrator, to Governor of Arizona Jan Brewer 

dated October 14, 2009. By letters dated December 

30, 2009, the EPA notified the tribal leaders of the 

Ak-Chin Indian Community, Gila River Indian 

Community, and San Carlos Apache Tribe. The EPA 

notified Tohono O’odham Nation by letter dated 

September 21, 2010. 

5For the boundaries of the West Pinal County 

PM10 nonattainment area, see 40 CFR 81.303. Also, 

for a detailed discussion of these boundaries, see 

our final rule at 77 FR 32024 (May 31, 2012) and 

proposed rule at 75 FR 60680 (October 1, 2010). No 

areas of Indian country are located in the West 

Pinal PM10 nonattainment area. 

6 75 FR 60680 (October 1, 2010). 

7Letter dated December 21, 2015 from Eric C. 

Massey, Director, Air Quality Division, ADEQ to 

Jared Blumenfeld, Regional Administrator, EPA 

Region IX. 

8 82 FR 20267 (May 1, 2017). 

9 85 FR 37756 (June 24, 2020). 

10 86 FR 1347 (January 8, 2021). 

11 86 FR 11681 (February 26, 2021). 

12Letter from Daniel Czecholinski, Arizona 

Department of Environmental Quality, to Deborah 

Jordan, EPA Region IX, dated May 17, 2021. 

13CAA section 189(a)(1)(A). 

14CAA section 189(a)(1)(B). 

15CAA section 189(a)(1)(C). 

16CAA section 189(c). 

17CAA section 189(e). 

18CAA section 172(c)(2). 

19CAA section 172(c)(3). 

less than 30 microns in diameter) with 

new standards applying only to 

particulate matter up to 10 microns in 

diameter.1 An area attains the 24-hour 

PM10 standard of 150 micrograms per 

cubic meter (mg/m3) when the expected 

number of days per calendar year, 

averaged over a three year period, with 

a 24-hour concentration exceeding the 

standard (referred to as an exceedance), 

is equal to or less than one.2 On January 

13, 2013, the EPA announced that it was 

again retaining the 24-hour PM10

NAAQS as a 24-hour standard of 150 

mg/m3.3

On October 14, 2009, consistent with 

Section 107(d)(3)(A) of the CAA, the 

EPA notified the Governor of Arizona 

and the leaders of four Tribes with areas 

of Indian country either entirely or 

partly within Pinal County that the 

designation for Pinal County and nearby 

areas contributing to monitored 

violations of the PM10 NAAQS should 

be revised.4 The EPA’s initiation of the 

redesignation process for Pinal County 

was based upon our review of 2006– 

2008 ambient PM10 monitoring data 

from monitoring stations within the 

county showing widespread, frequent, 

and, in some cases, severe violations of 

the PM10 NAAQS. 

On May 31, 2012, EPA redesignated 

part of Pinal County from unclassifiable 

to nonattainment for the 24-hour PM10

NAAQS, creating the West Pinal County 

PM10 nonattainment area.5 The EPA’s 

nonattainment redesignation of West 

Pinal County was based on ambient 

PM10 data collected from 2007 to 2009.6

Our redesignation of West Pinal County 

to nonattainment for the PM10 NAAQS 

was effective on July 2, 2012. 

Consequently, under section 188(c)(1) of 

the CAA, Arizona was required to 

submit an implementation plan 

providing for West Pinal County’s 

attainment of the PM10 NAAQS as 

expeditiously as practicable, but no later 

than the close of the sixth calendar year 

after redesignation, or December 31, 

2018. As specified in our May 31, 2012 

rulemaking, the Moderate area PM10

attainment plan for West Pinal County 

was due on January 2, 2014, 18 months 

after the effective date of the 

redesignation, as required by section 

189(a)(2)(B) of the CAA. 

On December 21, 2015, Arizona 

submitted ‘‘The 2015 West Pinal 

Moderate PM10 Nonattainment Area 

SIP’’ (Moderate Area Plan) with related 

rules and analyses for West Pinal 

County.7 The submission included rules 

regulating PM10 emissions from 

construction sites, crop operations, 

animal operations, irrigation districts, 

and general fugitive dust. On May 1, 

2017, the EPA approved the submitted 

rules regulating PM10 emissions from 

construction sites, crop operations, 

irrigation districts, and general fugitive 

dust, but did not act on the remainder 

of the submission.8

On June 24, 2020, the EPA 

determined that the West Pinal County 

nonattainment area had not attained the 

1987 24-hour PM10 NAAQS by the latest 

permissible December 31, 2018 

attainment date and reclassified the area 

from Moderate to Serious.9 The EPA’s 

finding of failure to attain the NAAQS 

by the required date and concomitant 

reclassification established an 18-month 

deadline for Arizona to submit a Serious 

area attainment plan for the West Pinal 

County PM10 nonattainment area by 

January 24, 2022. 

On January 8, 2021, the EPA proposed 

a partial approval and partial 

disapproval of the Moderate Area Plan, 

proposing to disapprove all elements of 

the attainment plan, except the 

emissions inventories.10 Subsequently, 

on February 26, 2021, we proposed a 

limited approval and limited 

disapproval of statutory provisions and 

rules that govern particulate matter 

emissions from agricultural activity that 

Arizona submitted with the plan.11

On May 17, 2021, ADEQ withdrew all 

submitted portions of the Moderate Area 

Plan that the EPA had not approved 

previously into the SIP.12 In addition to 

the required attainment plan, Arizona’s 

withdrawal action included the 

agricultural dust regulations that the 

EPA had not already approved into the 

SIP. Because Arizona has withdrawn the 

submission, the State has failed to meet 

its obligation to submit an attainment 

plan for the Moderate area attainment 

plan requirements for the West Pinal 

County PM10 nonattainment area, 

providing the basis for this finding. 

B. CAA Moderate PM10 Nonattainment 

Area Requirements for West Pinal 

County 

Areas redesignated as nonattainment 

are subject to the applicable 

requirements of part D, title I of the 

CAA and are classified as Moderate by 

operation of law, consistent with section 

188(a) of the CAA. Within 18 months of 

the effective date of the redesignation, 

i.e., by January 2, 2014, Arizona was 

required to submit an attainment plan to 

the EPA providing for how the State 

will meet the PM10 NAAQS within the 

West Pinal County nonattainment area 

no later than December 31, 2018. 

Among other things, this Moderate area 

attainment plan must contain statutorily 

mandated elements and, according to 

the CAA and EPA guidance, address the 

following requirements: (1) An 

approved permit program for 

construction of new and modified major 

stationary sources; 13 (2) a 

demonstration that the plan provides for 

attainment by no later than the 

applicable Moderate area attainment 

date or a demonstration that attainment 

by that date is impracticable; 14 (3) 

provisions for the implementation of 

reasonably available control measures 

(RACM) and reasonably available 

control technology (RACT); 15 (4) 

quantitative milestones that will be used 

to evaluate compliance with the 

requirement to demonstrate reasonable 

further progress (RFP); 16 (5) evaluation 

and regulation of PM10 precursors; 17 (6) 

a description of the expected annual 

incremental reductions in emissions 

that will demonstrate RFP; 18 (7) 

emissions inventories, as necessary; 19

(8) other control measures besides 

RACM and RACT as may be needed for 


khammond on DSKJM1Z7X2PROD with RULES
38930 Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations 

20CAA section 172(c)(6). 

21CAA section 172(c)(9). 

22 40 CFR 93.102(b)(1). 

23For a discussion of our action on Arizona’s 

submittal to meet CAA section 189(a)(1)(A), see 80 

FR 67319 (November 2, 2015). 

24See section 189(b)(1), specifying that Serious 

Area plan requirements include ‘‘the provisions 

submitted to meet the requirements of paragraph 

(a)(1) [of section 189] (relating to Moderate Areas).’’ 

attainment; 20 (9) contingency 

measures; 21 and (10) a motor vehicle 

emissions budget for the purpose of 

determining the conformity of 

transportation programs and plans 

developed by state transportation 

agencies.22 With Arizona’s May 17, 

2021 withdrawal action, the State has 

failed to meet its obligation to submit 

nine of the ten required Moderate area 

attainment plan elements; today’s action 

does not affect ADEQ’s permit program 

governing the construction and 

operation of new and modified major 

stationary sources of PM10 within the 

West Pinal County nonattainment 

area.23

By this action, the EPA is finding that 

Arizona failed to submit the nine 

required PM10 Moderate Area 

attainment plan elements for the West 

Pinal County PM10 nonattainment area 

listed above. As noted, Arizona has 

submitted a major source PM10

permitting program including West 

Pinal County and that element is not a 

subject of this finding. 

C. Consequences of This Finding That 

Arizona Failed To Submit a PM10

Implementation Plan for West Pinal 

County 

The EPA is finding that Arizona has 

failed to make a required Moderate area 

attainment plan submission for the 1987 

PM10 NAAQS for the West Pinal County 

area, except for the permit program 

required under section 189(a)(1)(A). 

With this finding, section 179 of the 

CAA starts a sanctions clock and a FIP 

clock. Section 179(a) of the CAA 

specifies the consequences for a state if 

the EPA finds that a state has failed to 

make a required SIP submission, if the 

EPA has determined that a submitted 

SIP is incomplete, or if the EPA has 

disapproved a SIP submission. If the 

EPA has not affirmatively determined 

that Arizona has made complete 

submissions of the required 

nonattainment SIP elements within 18 

months of the effective date of this 

action, then the offset sanction 

identified in section 179(b)(2) will apply 

to West Pinal County, pursuant to 

section 179(a) and (b) and 40 CFR 52.31. 

If the EPA has not affirmatively 

determined that Arizona has made a 

complete SIP submission for West Pinal 

County within six months after 

imposition of this offset sanction, then 

the highway funding sanction will be 

imposed, as required under section 

179(b)(1) of the CAA and 40 CFR 52.31. 

Arizona may avoid these sanctions by 

taking timely action to remedy this 

finding. The 18-month clock governing 

the Act’s imposition of sanctions on 

Arizona will stop and sanctions will not 

take effect if the EPA finds that the State 

has made a complete SIP submission for 

the Moderate area attainment plan 

requirements for the West Pinal County 

area within 18 months of the date of this 

finding. Similarly, the EPA is not 

required to promulgate a FIP if Arizona 

makes the required SIP submission and 

the EPA takes final action to approve 

the submission within two years of the 

finding of failure to submit a required 

SIP. In sum, the CAA does not require 

sanctions or a FIP if the State and the 

EPA take timely action to remedy this 

finding. 

As discussed previously, the EPA 

determined that West Pinal County did 

not meet the PM10 NAAQS by December 

31, 2018, causing West Pinal County to 

be reclassified, by operation of law, 

from a Moderate to a Serious PM10

nonattainment area. With this 

reclassification of West Pinal County to 

Serious, Arizona is required to submit, 

by January 24, 2022, a nonattainment 

plan SIP revision that complies with the 

statutory and regulatory requirements 

for Serious PM10 nonattainment plans 

and that demonstrates attainment of the 

PM10 NAAQS as expeditiously as 

practicable, but no later than December 

31, 2022. Although reclassification of 

West Pinal County from Moderate to 

Serious does not eliminate Arizona’s 

obligation to meet Moderate area 

nonattainment plan requirements, the 

EPA anticipates that Arizona’s 

submission of an approvable Serious 

area nonattainment plan would also 

satisfy the State’s Moderate area 

nonattainment plan obligations.24

Therefore, should Arizona submit a 

complete Serious area attainment plan 

for the West Pinal County PM10

nonattainment area, the sanction clocks 

associated with this finding of failure to 

submit would stop. Similarly, should 

Arizona submit, and the EPA 

subsequently approve, a Serious area 

attainment plan for the West Pinal 

County PM10 nonattainment area, such 

a final approval action would stop the 

FIP clock associated with this finding of 

failure to submit the Moderate area 

implementation plan elements. 

II. Final Action 

The EPA finds that Arizona has not 

submitted a revision to the Arizona SIP 

addressing CAA requirements for a 

Moderate area attainment plan, related 

rules, and other analyses, for the West 

Pinal County PM10 nonattainment area. 

Under provisions of the CAA, Arizona 

was required to submit a Moderate area 

PM10 implementation plan for West 

Pinal County no later than January 2, 

2014. Although Arizona submitted a 

Moderate area PM10 attainment plan, 

related rules, and analyses, on 

December 21, 2015, the State withdrew 

this submittal on May 17, 2021, giving 

rise to this finding. 

This finding of failure to submit the 

required Moderate area PM10 attainment 

plan establishes a deadline, 24 months 

after the effective date of this finding, 

for EPA to promulgate a FIP to address 

the CAA requirements for a Moderate 

area PM10 attainment plan, unless prior 

to this deadline, Arizona submits and 

the EPA approves the State’s Moderate 

area PM10 attainment plan as meeting all 

the requirements of the CAA. The CAA 

also provides for the imposition of 

emissions offset sanctions 18 months 

from the effective date of this finding 

and highway funding sanctions 24 

months from the effective date of this 

finding, if Arizona does not submit the 

required complete Moderate area PM10

attainment plan before these deadlines. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at http://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations 38931 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, 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. 

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 2–202 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. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) 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 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

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. 804(2). 

L. Petitions for Judicial Review 

Under section 307(b)(1) 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 

307(b)(2)). 

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. 

Dated: July 8, 2021. 

Elizabeth Adams, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–15667 Filed 7–22–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0221; FRL–8761–02– 

R4] 

Air Plan Approval; Tennessee; 

Knoxville Area Limited Maintenance 

Plan for the 1997 8-Hour Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: 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 10- 

year 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. EPA–R04–OAR–2020–0221. 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 


khammond on DSKJM1Z7X2PROD with RULES