45870 Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 

1See ‘‘2005 thru 2019 + 2021_2023_2028 Annual 

State Tier 1 Emissions_v3’’ available in the docket 

for this action. 

p.m. on September 5, 2021. If necessary 

due to inclement weather on September 

5, 2021, it will be enforced from 7:30 

p.m. to 10:30 p.m. on September 6, 

2021. 

Dated: August 9, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–17402 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0250; FRL–8860–02– 

R1] 

Air Plan Approval; Maine and New 

Hampshire; 2015 Ozone NAAQS 

Interstate Transport Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving SIP revisions 

submitted by the States of Maine and 

New Hampshire as meeting the Clean 

Air Act (CAA) requirement that each 

State Implementation Plan (SIP) contain 

adequate provisions to prohibit 

emissions that will significantly 

contribute to nonattainment or interfere 

with maintenance of the 2015 ozone 

NAAQS in any other state. This action 

is being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on August 

17, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2021–0250. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Branch, 

U.S. Environmental Protection Agency, 

EPA Region 1, 5 Post Office Square— 

Suite 100, (Mail code 05–2), Boston, MA 

02109—3912, tel. (617) 918–1684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 10, 2021, EPA published a 

Notice of Proposed Rulemaking (NPRM) 

for the States of Maine and New 

Hampshire. See 86 FR 30854. 

The NPRM proposed approval of 

Maine and New Hampshire SIP 

revisions that address the CAA 

requirement prohibiting emissions from 

each of these states, considered 

separately, from adversely affecting air 

quality in other states for the 2015 

ozone National Ambient Air Quality 

Standards (NAAQS). The SIP revisions 

were submitted to EPA by Maine on 

February 6, 2020, and by New 

Hampshire on September 5, 2018. The 

rationale for EPA’s proposed action is 

given in the NPRM. EPA received no 

public comments on the NPRM. 

As part of our rationale for approving 

the Maine and New Hampshire SIPs in 

the proposal, EPA relied on historical 

trends in National Emissions Inventory 

(NEI) data. The data demonstrate a 

downward trend in emissions in Maine 

and New Hampshire, adds support to 

the air quality analyses presented in the 

proposal for each state, and indicates 

that the contributions from emissions 

from sources in Maine and New 

Hampshire to ozone receptors (i.e., air 

quality monitors) in downwind states 

will continue to decline. For each state, 

the data indicate that contributions will 

remain below one percent of the 

NAAQS. Since the publication of the 

proposed approval, EPA has made 

minor updates to the NEI data for the 

years 2017 through 2019. As a result of 

these updates, reported emissions 

during these years for both New 

Hampshire and Maine have been 

slightly reduced. These minor updates 

do not impact our decision to approve 

SIPs for each of these states, nor do they 

change our rationale for doing so, as the 

reduced emissions continue to support 

our approval decision. We have 

included the updated emissions data in 

the docket for this action.1

II. Final Action 

EPA is approving, as revisions to the 

Maine and New Hampshire SIPs, each 

state’s SIP revisions, submitted on 

February 6, 2020, and September 5, 

2018, respectively. These revisions are 

approved as meeting CAA section 

110(a)(2)(D)(i)(I) requirements that 

emissions from each state, considered 

separately, do not contribute to 

nonattainment or interfere with 

maintenance of the 2015 ozone NAAQS 

in any other state. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 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 Clean Air Act. 

Accordingly, 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); 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 45871 

1EPA officially received Tennessee’s I/M SIP 

revisions on February 27, 2020. 

2The State’s I/M program at TAPCR 1200–03–29 

covers Hamilton County in addition to Sumner, 

Rutherford, Williamson and Wilson Counties. 

Throughout this rule, where EPA uses the phrase 

‘‘I/M program,’’ the Agency is referring to the 

State’s I/M program in both the Middle Tennessee 

Area and Hamilton County, and the Davidson 

County I/M program unless otherwise noted. 

3 In December 2002, the Middle Tennessee Area 

entered into EPA’s EAC program. As part of the 

EAC for the Middle Tennessee Area, the I/M 

program was identified as an existing control 

strategy in the SIP. 

4Throughout this final rulemaking, unless 

otherwise noted, where the Middle Tennessee Area 

is referenced EPA is intending for this to mean the 

area covering Davidson, Sumner, Rutherford, 

Williamson and Wilson Counties. 

• 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 Clean Air Act; 

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). 

In addition, 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 

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 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 October 18, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 11, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2021–17543 Filed 8–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2019–0618 and EPA–R04– 

OAR–2019–0619; FRL–8839–02–R4] 

Air Plan Approval; TN; Removal of 

Vehicle I/M Program for the Middle 

Tennessee and Hamilton County Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving state 

implementation plan (SIP) revisions 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

through letters dated February 26, 2020. 

Specifically, EPA is approving the 

removal of Tennessee’s motor vehicle 

inspection and maintenance (I/M) 

program requirements for Davidson, 

Sumner, Rutherford, Williamson and 

Wilson Counties in Tennessee (also 

known as the Middle Tennessee Area) 

and Hamilton County (also known as 

the Chattanooga Area), from the 

federally-approved SIP. EPA is 

approving the February 26, 2020, SIP 

revisions to remove the I/M program 

requirements for the aforementioned 

areas from the federally-approved SIP 

because Tennessee’s requests are 

consistent with the Clean Air Act (CAA 

or Act) and applicable regulations. 

DATES: This rule is effective on 

September 16, 2021. 

ADDRESSES: EPA has established dockets 

for these actions under Docket 

Identification No. EPA–R04–OAR– 

2019–0618 and EPA–R04–OAR–2019– 

0619 at http://www.regulations.gov. All 

documents in the dockets 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. 

FOR FURTHER INFORMATION CONTACT: 

Lynorae Benjamin, Chief, Air Planning 

and Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9040. Ms. Benjamin can also 

be reached via electronic mail at 

benjamin.lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. This Action 

EPA is approving changes to the 

Tennessee SIP that were provided to 

EPA under cover letters dated February 

26, 2020.1 Specifically, the State 

requested that Tennessee Air Pollution 

Control Regulations (TAPCR) 1200–03– 

29 and Davidson County Regulation 8 

be removed from the Tennessee SIP.2 In 

addition, Tennessee requested that EPA 

remove the requirements for the Middle 

Tennessee Area 3 4 and Hamilton County 

to implement an I/M program as part of 

the Early Action Compact (EAC) that 

was approved by EPA into the nonregulatory portion of the Tennessee SIP 

on August 26, 2005. See 70 FR 50199. 

EPA is approving these requests because 

the SIP revisions are consistent with the 

CAA, including section 110(l). 

II. Background 

On May 15, 2018, a Tennessee law 

was signed that states that ‘‘no 


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