[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37985-37988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16080]



[[Page 37985]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0247; FRL-9929-84-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi; 
Memphis, TN-MS-AR Emissions Inventory for the 2008 8-Hour Ozone 
Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve the portion of the state implementation plan 
(SIP) revision submitted by the State of Mississippi, through the 
Mississippi Department of Environmental Quality (MDEQ) on January 14, 
2015, that addresses the base year emissions inventory requirements for 
the State's portion of the Memphis, Tennessee-Mississippi-Arkansas 
(Memphis, TN-MS-AR) 2008 8-hour ozone national ambient air quality 
standards (NAAQS) nonattainment area (hereafter referred to as the 
``Memphis, TN-MS-AR Area'' or ``Area''). A base year emissions 
inventory is required for all ozone nonattainment areas. The Area is 
comprised of Shelby County in Tennessee, Crittenden County in Arkansas, 
and a portion of DeSoto County in Mississippi. EPA will take action on 
the emissions inventories for the Tennessee and Arkansas portions of 
the Area in separate actions.

DATES: This direct final rule is effective August 31, 2015 without 
further notice, unless EPA receives adverse comment by August 3, 2015. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0247, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0247,'' Air Regulatory Management 
Section, (formerly the Regulatory Development Section), Air Planning 
and Implementation Branch (formerly the Air Planning Branch), Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0247. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 either electronically in 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: Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436. Under EPA's regulations 
at 40 CFR part 50, the 2008 8-hour ozone NAAQS is attained when the 3-
year average of the annual fourth-highest daily maximum 8-hour average 
ambient air quality ozone concentrations is less than or equal to 0.075 
ppm. See 40 CFR 50.15. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. The ambient air 
quality monitoring data completeness requirement is met when the 
average percent of days with valid ambient monitoring data is greater 
than 90 percent, and no single year has less than 75 percent data 
completeness as determined in appendix I of part 50.
    Upon promulgation of a new or revised NAAQS, the Clean Air Act (CAA 
or Act) requires EPA to designate as nonattainment any area that is 
violating the NAAQS, based on the three most recent years of ambient 
air quality data at the conclusion of the designation process. The 
Memphis, TN-MS-AR Area was designated nonattainment for the 2008 8-hour 
ozone NAAQS on May 21, 2012 (effective July 20, 2012), using 2008-2010 
ambient air quality data. See 77 FR 30088. At the time of designation, 
the Memphis, TN-MS-AR Area was classified as a marginal nonattainment

[[Page 37986]]

area for the 2008 8-hour ozone NAAQS. On March 6, 2015, EPA finalized a 
rule entitled ``Implementation of the 2008 National Ambient Air Quality 
Standards for Ozone: State Implementation Plan Requirements'' (SIP 
Requirements Rule) that establishes the requirements that state, 
tribal, and local air quality management agencies must meet as they 
develop implementation plans for areas where air quality exceeds the 
2008 8-hour ozone NAAQS.\1\ See 80 FR 12264. This rule establishes 
nonattainment area attainment dates based on Table 1 of section 181(a) 
of the CAA, including an attainment date three years after the July 20, 
2012, effective date, for areas classified as marginal for the 2008 8-
hour ozone NAAQS. Therefore, the attainment date for the Memphis, TN-
MS-AR Area is July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Based on the nonattainment designation, Mississippi was required to 
develop a nonattainment SIP revision addressing certain CAA 
requirements. Specifically, pursuant to CAA section 182(a)(1), 
Mississippi was required to submit a SIP revision addressing emissions 
inventory requirements.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(1) of the CAA requires states with areas designated 
nonattainment for the ozone NAAQS to submit a SIP revision providing a 
comprehensive, accurate, and current inventory of actual emissions from 
all sources of the relevant pollutant or pollutants in such area. 
NOX and VOCs are the relevant pollutants because they are 
the precursors of ozone.
    On January 14, 2015, Mississippi submitted a SIP revision 
containing a base year emissions inventory for its portion of the 
Memphis, TN-MS-AR Area. EPA is now taking action to approve the portion 
of the SIP revision addressing the emissions inventory as meeting the 
requirements of sections 110 and 182(a)(1) of the CAA. More information 
on EPA's analysis of Mississippi's emissions inventory is provided 
below.

II. Analysis of the State's Base Year Emissions Inventory

    As discussed above, section 182(a)(1) of the CAA requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from all sources of the relevant pollutant or pollutants in 
each ozone non-attainment area. The section 182(a)(1) base year 
inventory is defined in the SIP Requirements Rule as ``a comprehensive, 
accurate, current inventory of actual emissions from sources of VOC and 
NOX emitted within the boundaries of the nonattainment area 
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The 
inventory year must be selected consistent with the baseline year for 
the RFP plan as required by 40 CFR 51.1110(b),\2\ and the inventory 
must include actual ozone season day emissions as defined in 40 CFR 
51.1100(cc) \3\ and contain data elements consistent with the detail 
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e). 
In addition, the point source emissions included in the inventory must 
be reported according to the point source emissions thresholds of the 
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart 
A. 40 CFR 51.1115(d).
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    \2\ 40 CFR 51.1110(b) states that at the time of designation for 
the 2008 ozone NAAQS the baseline emissions inventory shall be the 
emissions inventory for the most recent calendar year for which a 
complete triennial inventory is required to be submitted to EPA 
under the provisions of subpart A of the part. States may use an 
alternative baseline emissions inventory provided the state 
demonstrates why it is appropriate to use the alternative baseline 
year, and provided that the year selected is between the years 2008 
to 2012.
    \3\ ``Ozone season day emissions'' is defined as an average 
day's emissions for a typical ozone season work weekday. The state 
shall select, subject to EPA approval, the particular month(s) in 
the ozone season and the day(s) in the work week to be represented, 
considering the conditions assumed in the development of RFP plans 
and/or emissions budgets for transportation conformity. See 40 CFR 
51.1100(cc).
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    Mississippi selected 2011 as the base year for the emissions 
inventory which is the year corresponding with the first triennial 
inventory under 40 CFR part 51, subpart A. This base year is one of the 
three years of ambient data used to designate the Area as a 
nonattainment area and therefore represents emissions associated with 
nonattainment conditions. The emissions inventory is based on data 
developed and submitted by MDEQ to EPA's 2011 National Emissions 
Inventory (NEI), and it contains data elements consistent with the 
detail required by 40 CFR part 51, subpart A.\4\
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    \4\ Data downloaded from the EPA EIS from the 2011 NEI was 
subjected to quality assurance procedures described under quality 
assurance details under 2011 NEI Version 1 Documentation located at 
http://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc. 
The quality assurance and quality control procedures and measures 
associated with this data are outlined in the State's EPA-approved 
Emission Inventory Quality Assurance Project Plan.
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    Mississippi's emissions inventory for its portion of the Area 
provides 2011 emissions data for NOX and VOCs for the 
following general source categories: point, nonpoint (excluding 
biogenic sources), nonroad mobile, and onroad mobile. A detailed 
discussion of the inventory development is located in Appendix V to 
Mississippi's January 14, 2015, submittal which is provided in the 
docket for this action. The table below provides a summary of the 
emissions inventory.

          Table 1--2011 Point, Nonpoint, Nonroad Mobile, and Onroad Mobile Emissions for the Mississippi Portion of the Memphis, TN-MS-AR Area
                                                                  [Tons per summer day]
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                                                                      Point           Nonpoint       Non-road mobile   On-road mobile         Total
                                                               ------------------    (excluding    -----------------------------------------------------
                                                                                      biogenic
                            County                                                    sources)
                                                                  NOX      VOC   ------------------   NOX      VOC      NOX      VOC      NOX      VOC
                                                                                    NOX      VOC
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DeSoto *......................................................    1.533    0.817    1.267    7.062    2.054    1.658    8.969    5.178   13.847   14.734
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* Emissions reported for the nonattainment portion of the county.


[[Page 37987]]

    The emissions reported for DeSoto County reflect the emissions for 
only the nonattainment portion of the county. The inventory contains 
point source emissions data for facilities located within the 
Mississippi portion of the Area based on Geographic Information Systems 
(GIS) mapping. For the remaining emissions categories, emissions for 
the Mississippi portion of the Area were determined based on the 
population of the nonattainment portion of DeSoto County. More details 
on the emissions inventory for individual source categories is provided 
below and in Appendix V to Mississippi's SIP submittal.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. The point source 
emissions inventory for Mississippi's portion of the Memphis, TN-MS-AR 
Area was reported from the 2011 NEI data. These sources are required to 
submit inventory data according to the AERR. The point source emissions 
data meets the point source emissions thresholds of 40 CFR part 51, 
subpart A.
    Nonpoint sources are small emission stationary sources which, due 
to their large number, collectively have significant emissions (e.g., 
dry cleaners, service stations). Emissions for these sources were 
calculated using established factors provided by EPA. These emissions 
were estimated at the county-level. Mississippi calculated average 
summer day nonpoint source emissions by summing the nonpoint emissions 
during the total five summer months (May, June, July, August and 
September) in 2011 and dividing by the total by the number of 2011 
summer days.
    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. For on-road mobile sources, 
Mississippi used the 2011 emissions inventory developed by the Memphis 
Urban Area Metropolitan Planning Organization with input from MDEQ and 
others as part of the 2040 DeSoto County Nonattainment Area Moves Air 
Quality Conformity Demonstration. The inventory was created using EPA's 
Motor Vehicle Emissions Simulator (MOVES)-2010(b) mobile model to 
estimate emissions.\5\ County level on-road modeling was conducted 
using county-specific vehicle population, and other local data. 
Mississippi developed its on-road emissions inventory using the State's 
MOVES2010b modeling results for each ozone nonattainment county. 
Mississippi developed its inventory according to the current EPA 
emissions inventory guidance for on-road mobile sources.\6\
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    \5\ Mississippi used EPA's Motor Vehicle Emissions Simulator 
(MOVES) version 2010b. According to the Emissions Inventory Guidance 
for Ozone [& PM] NAAQS Implementation and Regional Haze Regulations, 
all states but California, for on-road mobile emissions should be 
estimated with the latest EPA on-road mobile model, MOVES, following 
the latest guidance available at http://www.epa.gov/otaq/models/moves/index.htm#sip.
    \6\ This guidance includes: Emissions Inventory Guidance for 
Implementation of Ozone and Particulate Matter National Ambient Air 
Quality Standards (NAAQS) and Regional Haze Regulations, EPA-454/R-
05-001 (August 2005, updated November 2005); Policy Guidance on the 
Use of MOVES2010 for State Implementation Plan Development, 
Transportation Conformity, and Other Purposes, EPA-420-B-09-046 
(December 2009); and Technical Guidance on the Use of MOVES2010 for 
Emission Inventory Preparation in State Implementation Plans and 
Transportation Conformity, EPA-420-B-10-023 (April 2010).
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    Non-road mobile sources include vehicles, engines, and equipment 
used for construction, agriculture, recreation, and other purposes that 
do not use roadways (e.g., lawn mowers, construction equipment, 
railroad locomotives, and aircraft). The emissions from non-road mobile 
sources other than rail yards and airports were derived from 2011 NEI. 
EPA estimated non-road emissions for the 2011 NEI using the NONROAD 
model. Mississippi developed its inventory according to the current EPA 
emissions inventory guidance for non-road mobile sources.\7\ For the 
reasons discussed above, EPA has determined that Mississippi's 
emissions inventory meets the requirements under CAA section 182(a)(1) 
and the SIP Requirements Rule for the 2008 8-hour ozone NAAQS.
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    \7\ This guidance includes: Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (July 
1991).
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III. Final Action

    EPA is approving the portion of the SIP revision submitted by 
Mississippi on January 14, 2015, that addresses the base year emissions 
inventory for the Memphis, TN-MS-AR Area. EPA has concluded that this 
portion of the State's submission meets the requirements of sections 
110 and 182 of the CAA. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
and anticipates no adverse comments. However, in the proposed rules 
section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision should adverse comments be filed. This rule will be effective 
August 31, 2015 without further notice unless the Agency receives 
adverse comments by August 3, 2015.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on August 31, 2015 and no 
further action will be taken on the proposed rule.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the Agency may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

IV. 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. 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);

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     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).
    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 on tribal governments or preempt tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a 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 August 31, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: June 18, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Z--Mississippi

0
2. Section 52.1270(e) is amended by adding a new entry for ``2011 Base 
Year Emissions Inventory for the Mississippi portion of the Memphis, 
TN-MS-AR 2008 Ozone NAAQS Nonattainment Area'' at the end of the table 
to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
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                                                                State
    Name of non-regulatory SIP      Applicable geographic  submittal date/   EPA Approval date      Explanation
             provision              or nonattainment area  effective date
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                                                  * * * * * * *
2011 Base Year Emissions Inventory  DeSoto County portion       1/14/2015  7/02/2015 [Insert
 for the Mississippi portion of      of Memphis, TN-AR-MS                   citation of
 the Memphis, TN-MS-AR 2008 Ozone    2008 8-hour Ozone                      publication].
 NAAQS Nonattainment Area.           Nonattainment Area.
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[FR Doc. 2015-16080 Filed 7-1-15; 8:45 am]
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