40718 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

1 In a notice published in the Federal Register on 

March 10, 2017, EPA announced that it had found 

the MVEBs for the Knoxville Area for the 2006 24- 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2017–0086; FRL–9966–93- 

Region 4] 

Air Plan Approval and Air Quality 

Designation; TN; Redesignation of the 

Knoxville 2006 24-hour PM2.5

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 20, 2016, 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), submitted a 

request for the Environmental 

Protection Agency (EPA) to redesignate 

the Knoxville-Sevierville-La Follette, 

TN fine particulate matter (PM2.5) 

nonattainment area (hereinafter referred 

to as the ‘‘Knoxville Area’’ or ‘‘Area’’) to 

attainment for the 2006 24-hour PM2.5

national ambient air quality standards 

(NAAQS) and to approve a state 

implementation plan (SIP) revision 

containing a maintenance plan and a 

reasonably available control measures 

(RACM) determination for the Area. 

EPA is approving Tennessee’s RACM 

determination for the Knoxville Area 

and incorporating it into the SIP; 

approving Tennessee’s plan for 

maintaining the 2006 24-hour PM2.5

NAAQS for the Knoxville Area 

(maintenance plan), including the 

associated motor vehicle emission 

budgets (MVEBs) for nitrogen oxides 

(NOX) and direct PM2.5 for the years 

2014 and 2028, and incorporating it into 

the SIP; and redesignating the Knoxville 

Area to attainment for the 2006 24-hour 

PM2.5 NAAQS. 

DATES: This rule is effective September 

27, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0086. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management 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: 

Sean Lakeman of the Air Regulatory 

Management Section, in the Air 

Planning and Implementation Branch, 

Air, Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Sean 

Lakeman may be reached by phone at 

(404) 562–9043, or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997, EPA promulgated 

the first air quality standards for PM2.5. 

EPA promulgated an annual standard at 

a level of 15.0 micrograms per cubic 

meter (mg/m3), based on a 3-year average 

of annual mean PM2.5 concentrations. In 

the same rulemaking, EPA promulgated 

a 24-hour standard of 65 mg/m3, based 

on a 3-year average of the 98th 

percentile of 24-hour concentrations. On 

October 17, 2006 (71 FR 61144), EPA 

retained the annual average NAAQS at 

15.0 mg/m3 but revised the 24-hour 

NAAQS to 35 mg/m3, based again on the 

3-year average of the 98th percentile of 

24-hour concentrations. 

On November 13, 2009, at 74 FR 

58688, EPA designated the Knoxville 

Area as nonattainment for the 2006 24- 

hour PM2.5 NAAQS. All 2006 PM2.5

NAAQS areas were designated under 

title I, part D, subpart 1 (hereinafter 

‘‘Subpart 1’’). Subpart 1 contains the 

general requirements for nonattainment 

areas for any pollutant governed by a 

NAAQS and is less prescriptive than the 

other subparts of title I, part D. On April 

25, 2007 (72 FR 20586), EPA 

promulgated its Clean Air Fine Particle 

Implementation Rule, codified at 40 

CFR part 51, subpart Z, in which the 

Agency provided guidance for state and 

tribal plans to implement the PM2.5

NAAQS. The United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) remanded the 

Clean Air Fine Particle Implementation 

Rule and the final rule entitled 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (73 FR 28321, May 16, 2008) 

(collectively, ‘‘1997 PM2.5

Implementation Rules’’) to EPA on 

January 4, 2013, in Natural Resources 

Defense Council v. EPA, 706 F.3d 428 

(D.C. Cir. 2013). The Court found that 

EPA erred in implementing the 1997 

PM2.5 NAAQS pursuant to the general 

implementation provisions of Subpart 1, 

rather than the particulate matterspecific provisions of title I, part D, 

subpart 4 (hereinafter ‘‘Subpart 4’’). 

On June 2, 2014, EPA published a rule 

entitled ‘‘Identification of 

Nonattainment Classification and 

Deadlines for Submission of State 

Implementation Plan (SIP) Provisions 

for the 1997 Fine Particle (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) and 2006 PM2.5 NAAQS’’. See 

79 FR 31566. In that rule, the Agency 

responded to the D.C. Circuit’s January 

2013 decision by identifying all PM2.5

nonattainment areas for the 1997 and 

2006 PM2.5 NAAQS as ‘‘moderate’’ 

nonattainment areas under Subpart 4, 

and by establishing a new SIP 

submission date of December 31, 2014, 

for moderate area attainment plans and 

for any additional attainment-related or 

nonattainment new source review plans 

necessary for areas to comply with the 

requirements applicable under Subpart 

4. Id. at 31567–70. 

Based on its moderate nonattainment 

area classification, Tennessee was 

required to submit a SIP revision 

addressing RACM pursuant to CAA 

section 172(c)(1) and section 

189(a)(1)(C) for the Area. Although EPA 

does not believe that section 172(c)(1) 

and section 189(a)(1)(C) RACM must be 

approved into a SIP prior to 

redesignation of an area to attainment 

once that area is attaining the NAAQS, 

EPA is approving Tennessee’s RACM 

determination and incorporating it into 

its SIP pursuant to a recent decision by 

the United States Court of Appeals for 

the Sixth Circuit in Sierra Club v. EPA, 

793 F.3d 656 (6th Cir. 2015). 

In a notice of proposed rulemaking 

(NPRM) published on May 30, 2017 (82 

FR 24621), EPA proposed to: (1) 

Approve Tennessee’s RACM 

determination for the Knoxville Area 

pursuant to CAA sections 172(c)(1) and 

189(a)(1)(C) and incorporate it into the 

SIP; (2) approve Tennessee’s plan for 

maintaining the 2006 24-hour PM2.5

NAAQS (maintenance plan), including 

the associated 2014 and 2028 MVEBs for 

PM2.5 and NOX for the Knoxville Area, 

and incorporate it into the SIP; and (3) 

redesignate the Knoxville Area to 

attainment for the 2006 24-hour PM2.5

NAAQS.1 The details of Tennessee’s 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 40719 

hour PM2.5 NAAQS adequate for transportation 

conformity purposes. See 82 FR 13347. 

submittal and the rationale for EPA’s 

actions are explained in the NPRM. EPA 

did not receive any adverse comments 

on the proposed action. 

II. What are the effects of these actions? 

EPA’s approval of Tennessee’s 

redesignation request changes the legal 

designation of Anderson, Blount, Knox, 

and Loudon Counties and a portion of 

Roane County for the 2006 24-hour 

PM2.5 NAAQS, found at 40 CFR part 81, 

from nonattainment to attainment. 

Approval of Tennessee’s associated SIP 

revision also incorporates a plan for 

maintaining the 2006 24-hour PM2.5

NAAQS in the Area through 2028 and 

Tennessee’s RACM determination into 

the Tennessee SIP. The maintenance 

plan includes contingency measures to 

remedy any future violations of the 2006 

24-hour PM2.5 NAAQS and procedures 

for evaluation of potential violations. 

The maintenance plan also includes 

NOX and PM2.5 MVEBs for 2014 and 

2028 for the Knoxville Area. The 2014 

and 2028 PM2.5 MVEBs are 1.22 tons per 

day (tpd) and 0.67 tpd, respectively. The 

2014 and 2028 NOX MVEBs are 42.73 

tpd and 19.65 tpd, respectively. 

III. Final Actions 

EPA is taking the following final 

actions: (1) Approving Tennessee’s 

RACM determination for the Knoxville 

Area pursuant to CAA sections 172(c)(1) 

and 189(a)(1)(C) and incorporating it 

into the SIP; (2) approving Tennessee’s 

plan for maintaining the 2006 24-hour 

PM2.5 NAAQS (maintenance plan), 

including the associated 2014 and 2028 

MVEBs for the Knoxville Area, and 

incorporating it into the SIP; and (3) 

redesignating the Knoxville Area to 

attainment for the 2006 24-hour PM2.5

NAAQS. 

Approval of the redesignation request 

changes the official designation of 

Anderson, Blount, Knox, and Loudon 

Counties and a portion of Roane County 

for the 2006 24-hour PM2.5 NAAQS, 

found at 40 CFR part 81, from 

nonattainment to attainment. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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. Accordingly, these actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January, 21, 2011); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• are 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.); 

• do 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); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• are 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 

• will not have disproportionate 

human health or environmental effects 

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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs of tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 27, 2017. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: August 16, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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


asabaliauskas on DSKBBXCHB2PROD with RULES
40720 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations 

Subpart RR—Tennessee 

■ 2. Section 52.2220(e) is amended by 

adding entries for ‘‘2006 24-hour PM2.5

Maintenance Plan for the KnoxvilleSevierville-La Follette Area’’ and 

‘‘RACM determination for the 

Knoxville-Sevierville-La Follette Area 

for the 2006 24-hour PM2.5 NAAQS’’ at 

the end of the table to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic or nonattainment 

area 

State effective 

date EPA approval date Explanation 

*******

2006 24-hour PM2.5 Maintenance Plan 

for the Knoxville-Sevierville-La Follette 

Area.

Anderson, Blount, Knox, and Loudon 

Counties and a portion of Roane 

County (the area described by U.S. 

Census 2000 block group identifier 

47–145–0307–2.).

12/20/2016 8/28/2017 [Insert citation of publication].

RACM determination for the KnoxvilleSevierville-La Follette Area for the 

2006 24-hour PM2.5 NAAQS.

Anderson, Blount, Knox, and Loudon 

Counties and a portion of Roane 

County (the area described by U.S. 

Census 2000 block group identifier 

47–145–0307–2.).

12/20/2016 8/28/2017 [Insert citation of publication].

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.343, the table entitled 

‘‘Tennessee—2006 24-Hour PM 2.5

NAAQS’’ is amended by revising the 

entry for ‘‘Knoxville-Sevierville-La 

Follette, TN:’’ to read as follows: 

§ 81.343 Tennessee. 

* * * * * 

TENNESSEE—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Knoxville-Sevierville-La Follette, TN: 8/28/2017 Attainment ................. .................... ....................

Anderson County .................................................................................. ........................ Attainment ................. .................... ....................

Blount County ........................................................................................ ........................ Attainment ................. .................... ....................

Knox County .......................................................................................... ........................ Attainment ................. .................... ....................

Loudon County ...................................................................................... ........................ Attainment ................. .................... ....................

Roane County (part) ............................................................................. ........................ Attainment ................. .................... ....................

The area described by U.S. Census 2000 block group identifier 47– 

145–0307–2..

........................ .................................... .................... ....................

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2017–18088 Filed 8–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 160422356–7283–02] 

RIN 0648–XF630 

International Fisheries; Pacific Tuna 

Fisheries; 2017 Commercial Pacific 

Bluefin Tuna Fishery Closure in the 

Eastern Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is temporarily closing 

the U.S. commercial fishery for Pacific 

bluefin tuna in the eastern Pacific Ocean 

(EPO) through December 31, 2017, 

because the 2017 catch limit of 425 

metric tons has been exceeded. This 

action is necessary to prevent the 

fishery from further exceeding the 

applicable catch limit established by the 

Inter-American Tropical Tuna 

Commission (IATTC) in Resolution C– 

16–08 (Measures for the Conservation 

and Management of Pacific Bluefin 

Tuna in the Eastern Pacific Ocean). 


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