31218 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 

(2) meets the criteria of Section 

3(b)(2), which requires that all 

regulations be written in clear language 

using clear legal standards. 

H. Consultation With Indian Tribal 

Governments (E.O. 13175) 

ONRR strives to strengthen its 

government-to-government relationship 

with Indian tribes through a 

commitment to consultation with Indian 

tribes and recognition of their right to 

self-governance and tribal sovereignty. 

ONRR evaluated the 2020 Rule and the 

proposed withdrawal under the 

Department’s consultation policy and 

the criteria in E.O. 13175 and 

determined that neither have substantial 

direct effects on Federally-recognized 

Indian tribes. Thus, consultation under 

ONRR’s tribal consultation policy is not 

required. 

ONRR reached this conclusion, in 

part, based on the consultations it 

conducted before the adoption of the 

2016 Valuation Rule. At that time, 

ONRR held six tribal consultations with 

the three tribes (Navajo Nation, Crow 

Nation, and Hopi Tribe) for which 

ONRR collected and disbursed Indian 

coal royalties. Upon the conclusion of 

each consultation, ONRR and the tribal 

partners determined that the 2016 

Valuation Rule would not have a 

substantial impact on any of the 

potentially impacted tribes. With the 

exception of the Kayenta Mine located 

in Navajo Nation, which ceased 

production in 2019, the circumstances 

relevant to the Indian coal leases have 

not changed since the prior 

consultations occurred. As with the 

2016 Valuation Rule, ONRR’s review of 

the royalty impact to tribes from the 

2020 Rule and its proposed withdrawal 

concludes that neither would 

substantially impact the three tribes. 

Further, neither rule is estimated to 

impact the royalty value of Indian coal. 

I. Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) 

Certain collections of information 

require OMB’s approval under the 

Paperwork Reduction Act. The 2020 

Rule and its proposed withdrawal do 

not require any new or modify any 

existing information collections subject 

to OMB’s approval. Thus, ONRR did not 

submit any new information collection 

requests to OMB related to the 2020 

Rule or its proposed withdrawal. 

Both the 2020 Rule and its proposed 

withdrawal leave intact the information 

collection requirements that OMB has 

already approved under OMB Control 

Numbers 1012–0004, 1012–0005, and 

1012–0010. 

J. National Environmental Policy Act of 

1969 

The 2020 Rule and its proposed 

withdrawal do not constitute a major 

Federal action significantly affecting the 

quality of the human environment. 

ONRR is not required to provide a 

detailed statement under the NEPA 

because both rules qualify for a 

categorical exclusion under 43 CFR 

46.210(c) and (i), as well as the 

Departmental Manual, part 516, section 

15.4.D, which covers routine financial 

transactions including such things as 

audits, fees, bonds, and royalties and 

policies, directives, regulations, and 

guidelines that are of an administrative, 

financial, legal, technical, or procedural 

nature. ONRR also determined that both 

the 2020 Rule and its proposed 

withdrawal do not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that require further analysis 

under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

Both the 2020 Rule and its proposed 

withdrawal are not significant energy 

actions under the definition in E.O. 

13211. Neither is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Moreover, 

the Administrator of OIRA has not 

otherwise designated either action as a 

significant energy action. A Statement of 

Energy Effects pursuant to E.O. 13211, 

therefore, is not required. 

L. Clarity of This Regulation 

E.O. 12866 (section 1(b)(12)), 12988 

(section 3(b)(1)(B)), E.O. 13563 (section 

1(a)), and the Presidential Memorandum 

of June 1, 1998, require ONRR to write 

all rules in plain language. This means 

that the rules ONRR publishes must use: 

(1) Logical organization. 

(2) Active voice to address readers 

directly. 

(3) Clear language rather than jargon. 

(4) Short sections and sentences. 

(5) Lists and tables wherever possible. 

If you believe that ONRR has not met 

these requirements, send your 

comments to ONRR_

RegulationsMailbox@onrr.gov. To better 

help ONRR understand your comments, 

please make your comments as specific 

as possible. For example, you should 

tell ONRR the numbers of the sections 

or paragraphs that you think were 

written unclearly, the sections or 

sentences that you think are too long, 

and the sections for which you believe 

lists or tables would be useful. 

This action is taken pursuant to 

delegated authority. 

List of Subjects 

30 CFR Part 1206 

Coal, Continental shelf, Geothermal 

energy, Government contracts, Indianslands, Mineral royalties, Oil and gas 

exploration, Public lands-mineral 

resources, Reporting and recordkeeping 

requirements. 

30 CFR Part 1241 

Administrative practice and 

procedure, Coal, Geothermal energy, 

Indians-lands, Mineral royalties, Natural 

gas, Oil and gas exploration, Penalties, 

Public lands-mineral resources. 

Rachael S. Taylor, 

Principal Deputy Assistant Secretary—Policy, 

Management and Budget. 

[FR Doc. 2021–12318 Filed 6–10–21; 8:45 am] 

BILLING CODE 4335–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0221; FRL–10024– 

71–Region 4] 

Air Plan Approval; TN; Knoxville Area 

Limited Maintenance Plan for the 1997 

8-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing 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 proposed 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 TVA Bull Run Fossil 

Plant. EPA is proposing to approve 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 would be to 

make certain commitments related to 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 31219 

1The ‘‘Knoxville Area’’ is a subset of the 

‘‘Knoxville 1997 NAAQS Area’’, which is further 

defined later in this action. 

2See 75 FR 62470 (October 12, 2010). 

3See ‘‘Fact Sheet, Proposal to Revise the National 

Ambient Air Quality Standards for Ozone,’’ January 

6, 2010, and 75 FR 2938 (January 19, 2010). 

4 In March 2008, EPA completed another review 

of the primary and secondary ozone NAAQS and 

tightened them further by lowering the level for 

both to 0.075 ppm. See 73 FR 16436 (March 27, 

2008). Additionally, in October 2015, EPA 

completed a review of the primary and secondary 

ozone NAAQS and tightened them by lowering the 

level for both to 0.070 ppm. See 80 FR 65292 

(October 26, 2015). 

maintenance of the 1997 8-hour ozone 

NAAQS in the Knoxville Area federally 

enforceable as part of the Tennessee SIP. 

DATES: Written comments must be 

received at the address below on or 

before July 12, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2020–0221 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Sarah LaRocca, 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. 

The telephone number is (404) 562– 

8994. Ms. LaRocca can also be reached 

via electronic mail at larocca.sarah@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of EPA’s Proposed Action 

II. Background 

III. Tennessee’s SIP Submittal 

IV. EPA’s Evaluation of Tennessee’s SIP 

Submittal 

A. Attainment Emissions Inventory 

B. Maintenance Demonstration 

C. Monitoring Network and Verification of 

Continued Attainment 

D. Contingency Plan 

E. Conclusion 

V. Transportation Conformity and General 

Conformity 

VI. Proposed Action 

VII. Statutory and Executive Order Reviews 

I. Summary of EPA’s Proposed Action 

In accordance with the Clean Air Act 

(CAA or Act), EPA is proposing to 

approve the Knoxville Area LMP for the 

1997 8-hour ozone NAAQS, adopted by 

TDEC on January 8, 2020, and submitted 

by TDEC as a revision to the Tennessee 

SIP on January 23, 2020. In 2004, the 

Tennessee counties of Anderson, 

Blount, Knox, Jefferson, Loudon, and 

Sevier in their entireties, and a portion 

of Cocke County were designated as 

nonattainment for the 1997 8-hour 

ozone NAAQS (hereinafter referred to as 

the ‘‘Knoxville 1997 NAAQS Area’’.1

Subsequently, in 2011, after a clean data 

determination 2 and EPA’s approval of a 

maintenance plan, the Knoxville 1997 

NAAQS Area was redesignated to 

attainment for the 1997 8-hour ozone 

NAAQS. 

The Knoxville Area LMP, submitted 

by TDEC on January 23, 2020, is 

designed to maintain the 1997 8-hour 

ozone NAAQS within the Knoxville 

Area through the end of the second 10- 

year portion of the maintenance period 

beyond redesignation. EPA is proposing 

to approve the plan because it meets all 

applicable requirements under CAA 

sections 110 and 175A. 

As a general matter, the Knoxville 

Area LMP relies on the same control 

measures and contingency provisions to 

maintain the 1997 8-hour ozone NAAQS 

during the second 10-year portion of the 

maintenance period as the maintenance 

plan submitted by TDEC for the first 10- 

year period. 

II. Background 

Ground-level ozone is formed when 

oxides of nitrogen (NOX) and volatile 

organic compounds (VOC) react in the 

presence of sunlight. These two 

pollutants, referred to as ozone 

precursors, are emitted by many types of 

pollution sources, including on- and offroad motor vehicles and engines, power 

plants and industrial facilities, and 

smaller area sources such as lawn and 

garden equipment and paints. Scientific 

evidence indicates that adverse public 

health effects occur following exposure 

to ozone, particularly in children and in 

adults with lung disease. Breathing air 

containing ozone can reduce lung 

function and inflame airways, which 

can increase respiratory symptoms and 

aggravate asthma and other lung 

diseases. 

Ozone exposure also has been 

associated with increased susceptibility 

to respiratory infections, medication 

use, doctor visits, and emergency 

department visits and hospital 

admissions for individuals with lung 

disease. Children are at increased risk 

from exposure to ozone because their 

lungs are still developing and they are 

more likely to be active outdoors, which 

increases their exposure.3

In 1979, under section 109 of the 

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm), averaged over 

a 1-hour period. See 44 FR 8202 

(February 8, 1979). On July 18, 1997, 

EPA revised the primary and secondary 

NAAQS for ozone to set the acceptable 

level of ozone in the ambient air at 0.08 

ppm, averaged over an 8-hour period. 

See 62 FR 38856 (July 18, 1997).4 EPA 

set the 8-hour ozone NAAQS based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower concentrations and over longer 

periods of time than was understood 

when the pre-existing 1-hour ozone 

NAAQS was set. EPA determined that 

the 8-hour ozone NAAQS would be 

more protective of human health, 

especially children and adults who are 

active outdoors, and individuals with a 

pre-existing respiratory disease, such as 

asthma. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

nation as attaining or not attaining the 

NAAQS. On April 15, 2004, EPA 

designated the Knoxville 1997 NAAQS 

Area, which is comprised of Anderson, 

Blount, Knox, Jefferson, Loudon, and 

Sevier Counties in their entireties, and 

the portion of Cocke County that falls 

within the boundary of the Great Smoky 

Mountains National Park, as 

nonattainment for the 1997 8-hour 

ozone NAAQS, and the designation 

became effective on June 15, 2004. See 

69 FR 23858 (April 30, 2004). Similarly, 

on May 21, 2012, EPA designated areas 

as unclassifiable/attainment or 

nonattainment for the 2008 8-hour 

ozone NAAQS. EPA designated Blount 

and Knox Counties and the portion of 

Anderson County surrounding the TVA 

Bull Run Fossil Plantas nonattainment 

for the 2008 8-hour ozone NAAQS and 

classified as a marginal nonattainment 

area (hereinafter referred to as the 

‘‘Knoxville 2008 NAAQS Area’’). This 

designation became effective on July 20, 


jbell on DSKJLSW7X2PROD with PROPOSALS
31220 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 

5See 77 FR 30088. 

6The ‘‘Knoxville 1997 NAAQS Area’’ 

encompasses both the ‘‘Knoxville Area’’ and the 

‘‘Knoxville 2008 NAAQS Area’’. 

7See 82 FR 54232 (Nov. 16, 2017). 

8Section 107(d)(3)(E) of the CAA sets out the 

requirements for redesignating a nonattainment area 

to attainment. They include attainment of the 

NAAQS, full approval of the applicable SIP 

pursuant to CAA section 110(k), determination that 

improvement in air quality is a result of permanent 

and enforceable reductions in emissions, 

demonstration that the state has met all applicable 

section 110 and part D requirements, and a fully 

approved maintenance plan under CAA section 

175A. 

9 John Calcagni, Director, Air Quality 

Management Division, EPA Office of Air Quality 

Planning and Standards (OAQPS), ‘‘Procedures for 

Processing Requests to Redesignate Areas to 

Attainment,’’ September 4, 1992 (Calcagni memo). 

10The ozone design value for a monitoring site is 

the 3-year average of the annual fourth-highest daily 

maximum 8-hour average ozone concentrations. 

The design value for an ozone area is the highest 

design value of any monitoring site in the area. 

11See ‘‘Limited Maintenance Plan Option for 

Nonclassifiable Ozone Nonattainment Areas’’ from 

Sally L. Shaver, OAQPS, dated November 16, 1994; 

‘‘Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment Areas’’ from 

Joseph Paisie, OAQPS, dated October 6, 1995; and 

‘‘Limited Maintenance Plan Option for Moderate 

PM10 Nonattainment Areas’’ from Lydia Wegman, 

OAQPS, dated August 9, 2001. Copies of these 

guidance memoranda can be found in the docket for 

this proposed rulemaking. 

12The prior memos addressed: Unclassifiable 

areas under the 1-hour ozone NAAQS, 

nonattainment areas for the PM10 (particulate matter 

with an aerodynamic diameter less than 10 

microns) NAAQS, and nonattainment for the carbon 

monoxide (CO) NAAQS. 

13See, e.g., 79 FR 41900 (July 18, 2014) (Approval 

of the second ten-year LMP for the Grant County 

1971 SO2 maintenance area). 

14See 76 FR 12587 (March 8, 2011). 

15See 80 FR 12315 (March 6, 2015). 

2012.5 In addition, on November 16, 

2017, areas were designated for the 2015 

8-hour ozone NAAQS. The Knoxville 

1997 NAAQS Area 6 was designated 

attainment/unclassifiable for the 2015 8- 

hour ozone NAAQS, with an effective 

date on January 16, 2018.7

A state may submit a request to 

redesignate a nonattainment area that is 

attaining a NAAQS to attainment, and, 

if the area has met other required 

criteria described in section 107(d)(3)(E) 

of the CAA, EPA may approve the 

redesignation request.8 One of the 

criteria for redesignation is to have an 

approved maintenance plan under CAA 

section 175A. The maintenance plan 

must demonstrate that the area will 

continue to maintain the NAAQS for the 

period extending ten years after 

redesignation, and it must contain such 

additional measures as necessary to 

ensure maintenance and such 

contingency provisions as necessary to 

assure that violations of the NAAQS 

will be promptly corrected. Eight years 

after the effective date of redesignation, 

the state must also submit a second 

maintenance plan to ensure ongoing 

maintenance of the NAAQS for an 

additional ten years pursuant to CAA 

section 175A(b) (i.e., ensuring 

maintenance for 20 years after 

redesignation). 

EPA has published long-standing 

guidance for states on developing 

maintenance plans.9 The Calcagni 

memo provides that states may 

generally demonstrate maintenance by 

either performing air quality modeling 

to show that the future mix of sources 

and emission rates will not cause a 

violation of the NAAQS or by showing 

that projected future emissions of a 

pollutant and its precursors will not 

exceed the level of emissions during a 

year when the area was attaining the 

NAAQS (i.e., attainment year 

inventory). See Calcagni memo at page 

9. EPA clarified in three subsequent 

guidance memos that certain areas 

could meet the CAA section 175A 

requirement to provide for maintenance 

by showing that the area was unlikely 

to violate the NAAQS in the future, 

using information such as the area’s 

design value 10 being significantly below 

the standard and the area having a 

historically stable design value.11 EPA 

refers to a maintenance plan containing 

this streamlined demonstration as an 

LMP. 

EPA has interpreted CAA section 

175A as permitting the LMP option 

because section 175A of the Act does 

not define how areas may demonstrate 

maintenance, and in EPA’s experience 

implementing the various NAAQS, 

areas that qualify for an LMP and have 

approved LMPs have rarely, if ever, 

experienced subsequent violations of 

the NAAQS. As noted in the LMP 

guidance memoranda, states seeking an 

LMP must still submit the other 

maintenance plan elements outlined in 

the Calcagni memo, including: An 

attainment emissions inventory, 

provisions for the continued operation 

of the ambient air quality monitoring 

network, verification of continued 

attainment, and a contingency plan in 

the event of a future violation of the 

NAAQS. Moreover, a state seeking an 

LMP must still submit its section 175A 

maintenance plan as a revision to its 

SIP, with all attendant notice and 

comment procedures. While the LMP 

guidance memoranda were originally 

written with respect to certain 

NAAQS,12 EPA has extended the LMP 

interpretation of section 175A to other 

NAAQS and pollutants not specifically 

covered by the previous guidance 

memos.13

In this case, EPA is proposing to 

approve Tennessee’s LMP because the 

State has made a showing, consistent 

with EPA’s prior LMP guidance, that the 

Area’s ozone concentrations are well 

below the 1997 8-hour ozone NAAQS 

and have been historically stable and 

that it has met the other maintenance 

plan requirements. TDEC submitted this 

LMP for the Knoxville Area to fulfill the 

second maintenance plan requirement 

in the Act. EPA’s evaluation of the 

Knoxville Area’s LMP is presented 

below. 

In July of 2010, TDEC submitted to 

EPA a request to redesignate the 

Knoxville 1997 NAAQS Area to 

attainment for the 1997 8-hour ozone 

NAAQS. This submittal included a plan 

to provide for maintenance of the 1997 

8-hour ozone NAAQS in the Knoxville 

1997 NAAQS Area through 2024 as a 

revision to the Tennessee SIP. EPA 

approved the Knoxville 1997 NAAQS 

Area’s Maintenance Plan and the State’s 

request to redesignate the Knoxville 

1997 NAAQS Area to attainment for the 

1997 8-hour ozone NAAQS effective 

March 8, 2011.14

Under CAA section 175A(b), states 

must submit a revision to the first 

maintenance plan eight years after 

redesignation to provide for 

maintenance of the NAAQS for ten 

additional years following the end of the 

first 10-year period. EPA’s final 

implementation rule for the 2008 8-hour 

ozone NAAQS revoked the 1997 8-hour 

ozone NAAQS and stated that one 

consequence of revocation was that 

areas that had been redesignated to 

attainment (i.e., maintenance areas) for 

the 1997 NAAQS no longer needed to 

submit second 10-year maintenance 

plans under CAA section 175A(b).15 On 

July 13, 2015, EPA redesignated the 

Knoxville 2008 NAAQS Area as 

attainment for the 2008 8-hour ozone 

NAAQS, and the designation became 

effective on August 12, 2015. See 80 FR 

39970 (July 13, 2015). 

In South Coast Air Quality 

Management District v. EPA, the United 

States Court of Appeals for the District 

of Columbia Circuit (D.C. Circuit) 

vacated EPA’s interpretation that, 

because of the revocation of the 1997 8- 

hour ozone NAAQS, second 

maintenance plans were not required for 

‘‘orphan maintenance areas,’’ i.e., areas 

that had been redesignated to 

attainment for the 1997 8-hour ozone 

NAAQS maintenance areas and were 

designated attainment for the 2008 

ozone NAAQS. South Coast, 882 F.3d 

1138 (D.C. Cir. 2018). Thus, states with 

these ‘‘orphan maintenance areas’’ 

under the 1997 8-hour ozone NAAQS 

must submit maintenance plans for the 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 31221 

16See 76 FR 48208 (August 8, 2011). 

17See 81 FR 74504 (October 26, 2016). 

18See Calcagni memo. 

19See email from James Johnston, TDEC, to 

Lynorae Benjamin, EPA Region 4 (December 15, 

2020), available in the docket for this proposed 

rulemaking. 

20See email from James Johnston, TDEC, to 

Lynorae Benjamin, EPA Region 4 (December 15, 

2020), available in the docket for this proposed 

rulemaking. 

second maintenance period. 

Accordingly, on January 23, 2020, 

Tennessee submitted a second 

maintenance plan for the Knoxville 

Area that shows that the Area is 

expected to remain in attainment of the 

1997 8-hour ozone NAAQS through 

2031. 

In recognition of the continuing 

record of air quality monitoring data 

showing ambient 8-hour ozone 

concentrations in the Knoxville Area 

well below the 1997 8-hour ozone 

NAAQS, TDEC chose the LMP option 

for the development of its second 1997 

8-hour ozone NAAQS maintenance 

plan. On January 8, 2020, TDEC adopted 

the second 10-year 1997 8-hour ozone 

maintenance plan, and on January 23, 

2020, TDEC submitted the Knoxville 

Area LMP to EPA as a revision to the 

Tennessee SIP. 

III. Tennessee’s SIP Submittal 

As mentioned above, on January 23, 

2020, TDEC submitted the Knoxville 

Area 1997 8-Hour Ozone NAAQS LMP 

to EPA as a revision to the Tennessee 

SIP. The submittal includes the LMP, air 

quality data, emissions inventory 

information, and appendices as well as 

certification of adoption of the plan by 

TDEC. Appendices to the plan include 

comments and responses between EPA 

and TDEC; documentation of notice, 

hearing, and public participation prior 

to adoption of the plan by TDEC on 

January 8, 2020; interagency 

consultation; and Air Pollution Control 

Board order, which notes that 

Tennessee’s LMP submittal for the 

remainder of the 20-year maintenance 

period for the Knoxville Area is in 

response to the D.C. Circuit’s decision 

overturning aspects of EPA’s 

Implementation Plan rule. The 

Knoxville Area LMP does not include 

any additional emissions reduction 

measures but relies on the same 

emissions reduction strategy as its first 

10-year Maintenance Plan that provides 

for the maintenance of the 1997 8-hour 

ozone NAAQS through 2024. 

Specifically, the measures upon which 

the second 10-year LMP for the 

Knoxville Area relies include the 

continuation of the stage 1 gasoline 

vapor recovery rule and a statewide 

Motor Vehicle Tampering rule in 

Chapter 1200–03–36. It also relies on 

continued implementation of federal 

measures (e.g., interstate transport rules 

such as Cross State Air Pollution Rule 

(CSAPR) 16 and CSAPR Update 17). 

IV. EPA’s Evaluation of Tennessee’s SIP 

Submittal 

EPA has reviewed the Knoxville 

Area’s LMP which is designed to 

maintain the 1997 8-hour ozone NAAQS 

within the Knoxville Area through the 

end of the 20-year period beyond 

redesignation, as required under CAA 

section 175A(b). The following is a 

summary of EPA’s interpretation of the 

section 175A requirements 18 and EPA’s 

evaluation of how each requirement is 

met. 

A. Attainment Emissions Inventory 

For maintenance plans, a state should 

develop a comprehensive, accurate 

inventory of actual emissions for an 

attainment year to identify the level of 

emissions which is sufficient to 

maintain the NAAQS. A state should 

develop this inventory consistent with 

EPA’s most recent guidance on 

emissions inventory development. For 

ozone, the inventory should be based on 

typical summer day emissions of VOC 

and NOX, as these pollutants are 

precursors to ozone formation. The 

Knoxville Area’s LMP includes an 

ozone attainment inventory for the 

Knoxville Area that reflects typical 

summer day emissions in 2014. Table 1 

and Table 2 present a summary of the 

inventory for 2014 contained in the 

LMP. 

TABLE 1—2014 TYPICAL SUMMER DAY 8-HOUR NOX EMISSIONS FOR THE KNOXVILLE AREA

[Tons/summer day] 

County Fire Nonpoint Nonroad Onroad Point Total 

Anderson .................................................. * 0.00 1.70 0.81 5.35 4.93 12.79 

Cocke ....................................................... ** 0.00 0.39 0.41 3.34 0.09 * 4.23 

Jefferson .................................................. * 0.00 0.56 1.05 7.97 0.00 9.58 

Loudon ..................................................... * 0.00 0.64 0.77 5.45 2.31 9.17 

Sevier ....................................................... 0.09 0.23 0.90 6.05 0.16 * 7.43 

Total .................................................. 0.09 3.52 3.94 * 28.16 7.49 * 43.20 

* These total emissions values for both NOX and VOC, respectively, differ from Tennessee’s submittal and have been re-calculated to accurately reflect the total for each sector and county.19

** The values, while greater than zero, do not meet the two significant figure rounding convention. 

TABLE 2—2014 TYPICAL SUMMER DAY 8-HOUR VOC EMISSIONS FOR THE KNOXVILLE AREA

[Tons/summer day] 

County Fire Nonpoint Nonroad Onroad Point Total 

Anderson .......................................................................... * 0.00 6.79 1.85 3.14 0.64 12.42 

Cocke ............................................................................... ** 0.00 1.67 2.44 1.47 0.31 * 5.89 

Jefferson .......................................................................... * 0.00 2.80 2.90 2.57 0.26 8.53 

Loudon ............................................................................. * 0.00 2.03 1.93 2.08 4.55 * 10.59 

Sevier ............................................................................... 1.43 2.76 6.72 3.31 0.03 * 14.25 

Total .......................................................................... 1.43 16.05 * 15.84 * 12.57 5.79 * 51.68 

* These total emissions values for both NOX and VOC, respectively, differ from Tennessee’s submittal and have been re-calculated to accurately reflect the total for each sector and county.20


jbell on DSKJLSW7X2PROD with PROPOSALS
31222 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 

21EPA developed emissions for these sectors 

based on AP–42 emissions factors, and information 

supplied by the Eastern Regional Technical 

Advisory Committee for locomotives and Federal 

Aviation Administration’s Emissions and 

Dispersion Modeling System (since replaced by the 

Aviation Environmental Design Tool). 

22See footnote 9. 

23 In the 2017 Annual Network Plan approval 

letter, EPA approved a combined design value for 

ozone monitors 47–105–0108 and 47–105–0109 in 

Loudon County due to relocation of monitor. EPA’s 

approval letter of the 2017 Annual Network Plan 

can be found in the docket for this action. 

** The values, while greater than zero, do not meet the two significant figure rounding convention. 

The Emissions Inventory section of 

the Knoxville Area’s LMP describes the 

methods, models, and assumptions used 

to develop the attainment inventory. As 

described in the Emissions Inventory 

section of the LMP, TDEC generally 

relied upon emissions inventory 

information from the EPA 2014 version 

7.0 air quality modeling platform 

(2014v7.0 platform), which is based on 

the 2014 NEI. The emissions data in the 

2014v7.0 platform are primarily based 

on the 2014NEIv1 for point sources, 

nonpoint sources, commercial marine 

vessels (CMV), onroad and nonroad 

mobile sources, and fires. This 2014 

modeling platform includes all criteria 

air pollutants (CAPs) and precursors 

and two groups of hazardous air 

pollutants (HAPs). 

Nonroad mobile source emissions in 

the 2014NEIv1, in part, were estimated 

using the latest available version of 

EPA’s motor vehicle emissions model, 

MOVES 2014a (which includes 

estimates of nonroad emissions like 

agriculture, commercial and mining, 

industrial and recreational equipment, 

and commercial and residential lawn 

and garden equipment). Locomotives, 

aircraft, and marine nonroad sources are 

not included in MOVES, and TDEC 

relied on EPA-generated emissions for 

these sectors.21 Onroad mobile sources 

in the 2014NEIv1, were estimated using 

MOVES2014a and the latest planning 

assumptions regarding vehicle type, 

activity, and vehicle speeds to estimate 

vehicular emissions for 2014. 

MOVES2014a was used with inputs, 

where provided, by state and local 

agencies, in combination with EPAgenerated default data. In its entirety, 

the 2014v7.0 platform estimates for 

vehicles reflect emissions inventories 

and ancillary data files used for 

emissions modeling, as well as the 

meteorological, initial condition, and 

boundary condition files need to run the 

air quality model. 

B. Maintenance Demonstration 

The maintenance demonstration 

requirement is considered to be satisfied 

in a LMP if the state can provide 

sufficient weight of evidence indicating 

that air quality in the area is well below 

the level of the NAAQS, that past air 

quality trends have been shown to be 

stable, and that the probability of the 

area experiencing a violation over the 

second 10-year maintenance period is 

low.22 These criteria are evaluated 

below with regard to the Knoxville 

Area. 

1. Evaluation of Ozone Air Quality 

Levels 

To attain the 1997 8-hour ozone 

NAAQS, the three-year average of the 

fourth-highest daily maximum 8-hour 

average ozone concentrations (design 

value) at each monitor within an area 

must not exceed 0.08 ppm. Based on the 

rounding convention described in 40 

CFR part 50, Appendix I, the NAAQS is 

attained if the design value is 0.084 ppm 

or below. At the time of submission, 

EPA evaluated quality assured and 

certified 2016–2018 monitoring data 

and determined that the design value for 

the Knoxville Area was 0.067 ppm, or 

80 percent of the level of the 1997 8- 

hour ozone NAAQS. Based on quality 

assured and certified monitoring data 

for 2018–2020, the current design value 

for the Knoxville Area is 0.063 ppm, or 

75 percent of the level of the 1997 8- 

hour ozone NAAQS. Consistent with 

prior guidance, EPA believes that if the 

most recent air quality design value for 

the area is at a level that is well below 

the NAAQS (e.g., below 85 percent of 

the NAAQS, or in this case below 0.071 

ppm), then EPA considers the state to 

have met the section 175A requirement 

for a demonstration that the area will 

maintain the NAAQS for the requisite 

period. Such a demonstration assumes 

continued applicability of prevention of 

significant deterioration requirements 

and any control measures already in the 

SIP and that Federal measures will 

remain in place through the end of the 

second 10-year maintenance period, 

absent a showing consistent with 

section 110(l) that such measures are 

not necessary to assure maintenance. 

Table 3 presents the design values for 

each monitor in the Knoxville Area over 

the 2008–2020 period. As shown in 

Table 3, all sites have been below the 

level of the 1997 8-hour ozone NAAQS 

since the area was redesignated to 

attainment, and the most current design 

value is below the level of 85 percent of 

the NAAQS, consistent with prior LMP 

guidance. 

TABLE 3—1997 8-HOUR OZONE NAAQS DESIGN VALUES (ppm) AT MONITORING SITES IN THE KNOXVILLE 1997 NAAQS 

AREA FOR THE 2008–2020 TIME PERIOD

Location County AQS 

site ID 

2008– 

2010 

DV 

2009– 

2011 

DV 

2010– 

2012 

DV 

2011– 

2013 

DV 

2012– 

2014 

DV 

2013– 

2015 

DV 

2014– 

2016 

DV 

2015– 

2017 

DV 

2016– 

2018 

DV 

2017– 

2019 

DV 

2018– 

2020 

DV 

Freels Bend ......... Anderson ............. 47–001–0101 0.07 0.07 0.073 0.069 (*) 0.061 0.063 0.064 0.064 0.064 0.061 

Look Rock ........... Blount .................. 47–009–0101 0.077 0.077 0.079 0.074 0.067 0.065 0.067 0.067 0.067 0.065 0.063 

Cades Cove ......... Blount .................. 47–009–0102 0.069 0.068 0.068 0.063 0.060 0.059 0.060 0.061 0.062 0.060 0.058 

New Market ......... Jefferson .............. 47–089–0002 0.074 0.073 0.078 0.073 0.071 0.067 0.068 0.067 0.066 0.065 0.063 

East Knox ............ Knox .................... 47–093–0021 0.071 0.069 0.071 0.067 0.063 0.061 0.064 0.064 0.065 0.063 0.061 

Spring Hill ............ Knox .................... 47–093–1020 0.076 0.071 0.074 0.070 0.067 0.063 0.066 0.067 0.067 0.063 0.058 

Loudon + .............. Loudon ................ 47–105–0109 0.073 0.072 0.075 0.070 0.068 0.066 0.069 0.068 0.067 0.063 0.062 

Cove Mountain .... Sevier .................. 47–155–0101 0.076 0.075 0.076 0.072 0.068 0.067 0.067 0.066 0.066 0.065 0.063 

Clingman’s 

Dome ∧.

Sevier .................. 47–155–0102 ∧ 0.076 ∧ 0.075 ∧ 0.075 ∧ 0.071 ∧ 0.067 ∧ 0.065 ∧ 0.066 ∧ 0.065 ∧ 0.065 ∧ 0.063 0.063 

* Incomplete design value due to annual values not meeting completeness criteria. 

+On March 16, 2016, the EPA approved the relocation of the Loudon Pope monitoring site (AQS ID 47–105–0108) to the Loudon Elementary School monitoring 

site (AQS ID 47–105–0109). The ozone monitor was relocated to the Loudon Elementary School site on March 3, 2017. The EPA approved the calculation of a combined DV for the Loudon Pope site and the Loudon Elementary School site. Design values prior to 2017 are calculated using data from the Loudon Pope monitoring 

site.23

∧The Clingman’s Dome site has limited accessibility and difficulty in using the site’s solar power system during the winter months. Due to the limited access in the 

first two months of the ozone season, annual design values did not meet data completeness. A waiver for a delayed ozone season starting no later than May 1 for 

the Clingman’s Dome monitor was submitted by the National Park Service on April 28, 2016, and approved by EPA on May 3, 2016. 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 31223 

24See the spreadsheet titled ‘‘Ozone Monitoring 

Site Design Values for 2008 through 2017 and for 

2023’’ at https://www.epa.gov/airmarkets/memoand-supplemental-information-regarding-interstatetransport-sips-2015-ozone-naaqs. 

25The 2017 NEI is the most recent NEI, but it was 

unavailable to Tennessee when the State developed 

its SIP revision. 

26https://www.epa.gov/air-emissions-modeling/ 

2014-2016-version-7-air-emissions-modelingplatforms. 27EPA’s emissions projections to 2028 were made 

from the 2011 NEI, as that iteration of the NEI was 

the most recently available version when the 

projection work was performed. Although this 

projection does not correspond exactly with the end 

of the second ten-year maintenance period, it 

provides additional support for EPA’s proposed 

finding that the Area will maintain the NAAQS due 

to its low and historically stable design values. See 

the Emissions Inventory section of the LMP for 

additional information regarding the 2028 

projections. 

Therefore, the Knoxville Area is 

eligible for the LMP option, and EPA 

proposes to find that the long record of 

monitored ozone concentrations that 

attain the NAAQS, together with the 

continuation of existing VOC and NOX

emissions control programs, adequately 

provide for the maintenance of the 1997 

8-hour ozone NAAQS in the Knoxville 

Area through the second 10-year 

maintenance period and beyond. 

Additional supporting information 

that the Area is expected to continue to 

maintain the NAAQS can be found in 

projections of future year design values 

that EPA recently completed to assist 

states with development of interstate 

transport SIPs for the 2015 ozone 

NAAQS.24 Those projections, made for 

the year 2023, show that the highest 

design value of any monitor in the 

Knoxville Area is expected to be 0.058 

ppm. 

2. Stability of Ozone Levels 

As discussed above, the Knoxville 

Area has maintained air quality well 

below the 1997 8-hour ozone NAAQS 

over the past eleven years. Additionally, 

the design value data shown within 

Table 3 illustrates that ozone levels have 

been relatively stable over this 

timeframe, with a modest downward 

trend. For example, the data within 

Table 3 indicates that the largest, year 

over year change in design value at any 

one monitor during these eleven years 

was five parts per billion which 

occurred between the 2009–2011 design 

value and the 2010–2012 design value 

as an increase, representing only a seven 

percent change, and between the 2017– 

2019 design value and the 2018–2020 

design value as a decrease, representing 

an eight percent change. Furthermore, 

the overall trend in design values for the 

Knoxville 1997 NAAQS Area between 

2008–2020 shows a decrease of 17 to 18 

percent at the three highest monitors, 

Cove Mountain monitor 47–155–0101, 

Clingman’s Dome monitor 47–155– 

0102, and Blount County monitor 47– 

009–0101 respectively. This downward 

trend in ozone levels, coupled with the 

relatively small, year-over-year variation 

in ozone design values, makes it 

reasonable to conclude that the 

Knoxville Area will not exceed the 1997 

8-hour ozone NAAQS during the second 

10-year maintenance period. 

3. Projected Emissions 

Although under the LMP option there 

is no requirement to project emissions 

over the maintenance period, TDEC 

included an analysis of ozone precursor 

emissions trends expected over the 

course of the second maintenance plan. 

TDEC provided a VOC and NOX

emissions trends analysis from 2014 to 

2028. Tennessee selected 2014 as a 

baseline for the projection because that 

was the most recent year for which a 

complete set of data was available from 

the EPA’s National Emissions Inventory 

(NEI) database at the time that the State 

developed its second maintenance plan 

for the Area.25 Projected emissions data 

for the year 2028 were obtained from 

EPA,26 and these data represent EPA 

emissions projections that are available 

for a date furthest out into the future.27

The emissions projection trends show 

that between 2014 and 2028, VOC 

emissions are estimated to fall by 40 

percent, and NOX emissions are 

estimated to fall by 38 percent within 

the Knoxville Area. These projected 

declining emissions trends further 

support the conclusion that it is 

unlikely that the Knoxville Area would 

violate the 1997 8-hour ozone NAAQS 

in the future. Table 4 and Table 5 

present a summary of projected 

emissions for 2028 contained in the 

maintenance plan. 

TABLE 4—2028 TYPICAL SUMMER DAY 8-HOUR NOX EMISSIONS FOR THE KNOXVILLE AREA

[Tons/summer day] 

County Fire Nonpoint Nonroad Onroad Point Total 

Anderson .......................................................................... ** 0.00 4.39 0.47 1.29 6.69 12.84 

Cocke ............................................................................... 0.02 0.37 0.28 1.21 0.04 * 1.92 

Jefferson .......................................................................... * 0.00 0.62 0.74 3.04 0.08 * 4.48 

Loudon ............................................................................. * 0.00 0.84 0.49 2.26 1.60 * 5.19 

Sevier ............................................................................... 0.04 0.31 0.57 1.27 0.12 * 2.31 

Total ................................................................................. * 0.06 6.53 2.55 9.07 8.53 * 26.74 

* These total emissions values for both NOX and VOC, respectively, differ from Tennessee’s submittal and have been re-calculated to accurately reflect the total for each sector and county.19

** The values, while greater than zero, do not meet the two significant figure rounding convention. 

TABLE 5—2028 TYPICAL SUMMER DAY 8-HOUR VOC EMISSIONS FOR THE KNOXVILLE AREA

[Tons/summer day] 

County Fire Nonpoint Nonroad Onroad Point Total 

Anderson .......................................................................... ** 0.00 5.75 1.19 0.70 0.95 * 8.59 

Cocke ............................................................................... 0.22 1.33 1.45 0.41 0.35 * 3.76 

Jefferson .......................................................................... * 0.00 2.23 1.37 0.76 0.16 4.52 

Loudon ............................................................................. * 0.00 1.96 1.09 0.71 1.61 5.37 

Sevier ............................................................................... 0.45 3.11 4.25 0.89 0.02 8.72 


jbell on DSKJLSW7X2PROD with PROPOSALS
31224 Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 

28The letter approving the network plan is in the 

docket for this proposed rulemaking. 

29 If QA/QC data indicates a violating design 

value for the 8-hour ozone NAAQS, then the 

triggering event will be the date of the design value 

violation, and not the final QA/QC date. However, 

if initial monitoring data indicates a possible design 

value violation but later QA/QC indicates that a 

NAAQS violation did not occur, then a triggering 

even will not have occurred, and contingency 

measures will not need to be implemented. 

30See the Contingency Plan section of the LMP 

for further information regarding the contingency 

plan, including measures that Tennessee will 

consider for adoption if the trigger is activated. 

TABLE 5—2028 TYPICAL SUMMER DAY 8-HOUR VOC EMISSIONS FOR THE KNOXVILLE AREA—Continued 

[Tons/summer day] 

County Fire Nonpoint Nonroad Onroad Point Total 

Total ................................................................................. 0.67 14.38 * 9.35 * 3.47 * 3.09 * 30.96 

* These total emissions values for both NOX and VOC, respectively, differ from Tennessee’s submittal and have been re-calculated to accurately reflect the total for each sector and county.19

** The values, while greater than zero, do not meet the two significant figure rounding convention. 

C. Monitoring Network and Verification 

of Continued Attainment 

EPA periodically reviews the ozone 

monitoring network that TDEC operates 

and maintains in accordance with 40 

CFR part 58. This network plan, which 

is submitted annually to EPA, is 

consistent with the ambient air quality 

monitoring network assessment. The 

annual network plan developed by 

TDEC follows a public notification and 

review process. EPA has reviewed and 

approved the State’s 2020 Ambient Air 

Monitoring Network Plan (‘‘2020 

Annual Network Plan’’).28

To verify the attainment status of the 

Area over the maintenance period, the 

maintenance plan should contain 

provisions for continued operation of an 

appropriate, EPA-approved monitoring 

network in accordance with 40 CFR part 

58. As noted above, TDEC’s monitoring 

network in the Knoxville 1997 NAAQS 

Area has been approved by EPA in 

accordance with 40 CFR part 58, and the 

State has committed to continue to 

maintain a network in accordance with 

EPA requirements. EPA therefore 

proposes to find that TDEC’s monitoring 

network is adequate to verify continued 

attainment of the 1997 8-hour ozone 

NAAQS in the Knoxville Area. 

D. Contingency Plan 

Section 175A(d) of the CAA requires 

that a maintenance plan include 

contingency provisions. The purpose of 

such contingency provisions is to 

prevent future violations of the NAAQS 

or to promptly remedy any NAAQS 

violations that might occur during the 

maintenance period. These contingency 

measures are required to be 

implemented expeditiously once they 

are triggered by a future violation of the 

NAAQS or some other trigger. The state 

should identify specific triggers which 

will be used to determine when the 

contingency measures need to be 

implemented. 

The LMP states that the trigger is a 

Quality Assured/Quality Controlled 

(QA/QC) violating design value of the 

1997 8-hour ozone NAAQS in the 

Knoxville Area.29 If this trigger is 

activated, the maintenance plan requires 

Tennessee to conduct a study to 

determine the cause of the higher ozone 

value, whether from an event not likely 

to recur or from an increasing trend in 

emissions that threatens the continued 

maintenance of the NAAQS. Tennessee 

will adopt and implement appropriate 

contingency measures tailored to the 

source of the violation (or increased 

concentrations) as expeditiously as 

practicable, but no later than 18 to 24 

months after the trigger event.30

EPA proposes to find that the 

contingency provisions in Tennessee’s 

second maintenance plan for the 1997 

8-hour ozone NAAQS meet the 

requirements of the CAA section 

175A(d). 

E. Conclusion 

EPA proposes to find that the 

Knoxville Area LMP for the 1997 8-hour 

ozone NAAQS includes an approvable 

update of the various elements 

(including attainment inventory, 

assurance of adequate monitoring and 

verification of continued attainment, 

and contingency provisions) of the 

initial EPA-approved Maintenance Plan 

for the 1997 8-hour ozone NAAQS. EPA 

also proposes to find that the Knoxville 

Area, qualifies for the LMP option, and 

adequately demonstrates maintenance 

of the 1997 8-hour ozone NAAQS 

through the documentation of 

monitoring data showing maximum 

1997 8-hour ozone levels below the 

NAAQS and historically stable design 

values. EPA believes the Knoxville 

Area’s LMP, which retains all existing 

control measures in the SIP, is sufficient 

to provide for maintenance of the 1997 

8-hour ozone NAAQS in the Knoxville 

Area over the second maintenance 

period (i.e., through 2031) and thereby 

satisfies the requirements for such a 

plan under CAA section 175A(b). EPA 

is therefore proposing to approve 

Tennessee’s January 23, 2020, 

submission of the Knoxville Area’s LMP 

as a revision to the Tennessee SIP. 

V. Transportation Conformity and 

General Conformity 

Transportation conformity is required 

by section 176(c) of the CAA. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. See 

CAA 176(c)(1)(A) and (B). EPA’s 

transportation conformity rule at 40 CFR 

part 93 subpart A requires that 

transportation plans, programs, and 

projects conform to SIPs and establishes 

the criteria and procedures for 

determining whether they conform. The 

conformity rule generally requires a 

demonstration that emissions from the 

Regional Transportation Plan (RTP) and 

the Transportation Improvement 

Program (TIP) are consistent with the 

motor vehicles emissions budget 

(MVEB) contained in the control 

strategy SIP revision or maintenance 

plan. See 40 CFR 93.101, 93.118, and 

93.124. A MVEB is defined as ‘‘the 

portion of the total allowable emissions 

defined in the submitted or approved 

control strategy implementation plan 

revision or maintenance plan for a 

certain date for the purpose of meeting 

reasonable further progress milestones 

or demonstrating attainment or 

maintenance of the NAAQS, for any 

criteria pollutant or its precursors, 

allocated to highway and transit vehicle 

use and emissions.’’ See 40 CFR 93.101. 

Under the conformity rule, LMP areas 

may demonstrate conformity without a 

regional emissions analysis. See 40 CFR 

93.109(e). On September 15, 2010, EPA 

made a finding that the MVEBs for the 

first 10 years of the 1997 8-hour ozone 

maintenance plan for the Knoxville 

1997 NAAQS Area were adequate for 

transportation conformity purposes. In a 

Federal Register notice dated 

September 15, 2010, EPA notified the 

public of that finding. See 75 FR 55977. 

This adequacy determination became 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 111 / Friday, June 11, 2021 / Proposed Rules 31225 

31A conformity determination that meets other 

applicable criteria in Table 1 of paragraph (b) of this 

section (93.109(e)) is still required, including the 

hot-spot requirements for projects in CO, PM10, and 

fine particulate matter (PM2.5) areas. 

effective on September 30, 2010. After 

approval of this LMP or an adequacy 

finding for this LMP, there is no 

requirement to meet the budget test 

pursuant to the transportation 

conformity rule for the maintenance 

area. All actions that would require a 

transportation conformity determination 

for the Knoxville 1997 NAAQS Area 

under EPA’s transportation conformity 

rule provisions are considered to have 

already satisfied the regional emissions 

analysis and ‘‘budget test’’ requirements 

in 40 CFR 93.118 as a result of EPA’s 

adequacy finding for this LMP. See 69 

FR 40004 (July 1, 2004). The Knoxville 

2008 NAAQS Area needs to continue to 

meet all of the applicable requirements 

of the transportation conformity 

regulations, including the need for a 

regional emissions analysis and 

comparison of the results of the regional 

emissions analysis to the applicable 

MVEB for the 2008 8-hour ozone 

NAAQS. 

However, because LMP areas are still 

maintenance areas, certain aspects of 

transportation conformity 

determinations still will be required for 

transportation plans, programs, and 

projects. Specifically, for such 

determinations, RTPs, TIPs, and 

transportation projects still will have to 

demonstrate that they are fiscally 

constrained (40 CFR 93.108) and meet 

the criteria for consultation (40 CFR 

93.105) and Transportation Control 

Measure implementation in the 

conformity rule provisions (40 CFR 

93.113) as well as meet the hot-spot 

requirements for projects (40 CFR 

93.116).31 Additionally, conformity 

determinations for RTPs and TIPs must 

be determined no less frequently than 

every four years, and conformity of plan 

and TIP amendments and transportation 

projects is demonstrated in accordance 

with the timing requirements specified 

in 40 CFR 93.104. In addition, in order 

for projects to be approved they must 

come from a currently conforming RTP 

and TIP. See 40 CFR 93.114 and 40 CFR 

93.115. The Knoxville 2008 NAAQS 

Area must continue to meet all of the 

applicable requirements of the general 

conformity regulations. 

VI. Proposed Action 

Under sections 110(k) and 175A of the 

CAA and for the reasons set forth above, 

EPA is proposing to approve the 

Knoxville Area’s LMP for the 1997 8- 

hour ozone NAAQS, submitted by TDEC 

on January 23, 2020, as a revision to the 

Tennessee SIP. EPA is proposing to 

approve the Knoxville Area LMP 

because it includes an acceptable 

update of the various elements of the 

1997 8-hour ozone NAAQS 

Maintenance Plan approved by EPA for 

the first 10-year period (including 

emissions inventory, assurance of 

adequate monitoring and verification of 

continued attainment, and contingency 

provisions), and retains the relevant 

provisions of the SIP. 

EPA also finds that the Knoxville 

Area qualifies for the LMP option and 

that therefore the Knoxville Area’s LMP 

adequately demonstrates maintenance 

of the 1997 8-hour ozone NAAQS 

through documentation of monitoring 

data showing maximum 1997 8-hour 

ozone levels well below the NAAQS 

and continuation of existing control 

measures. EPA believes the Knoxville 

Area’s 1997 8-Hour Ozone LMP to be 

sufficient to provide for maintenance of 

the 1997 8-hour ozone NAAQS in the 

Knoxville Area over the second 10-year 

maintenance period, through 2031, and 

thereby satisfy the requirements for 

such a plan under CAA section 175A(b). 

VII. 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 proposed action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: June 4, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2021–12164 Filed 6–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2014–0471; FRL–10024–24– 

OAR] 

RIN 2060–AS26 

Addition of 1-Bromopropane to Clean 

Air Act Section 112 HAP List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: Having previously granted a 

public petition to add 1-bromopropane 

(1–BP) to the list of hazardous air 


jbell on DSKJLSW7X2PROD with PROPOSALS