[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Proposed Rules]
[Pages 7046-7055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2015-0852; FRL-9942-13-Region 6]


Air Plan Approval and Designation of Areas; AR; Redesignation of 
the Crittenden County, 2008 8-Hour Ozone Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On December 10, 2015, the State of Arkansas, through the 
Arkansas Department of Environmental Quality (ADEQ), submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the portion of Arkansas that is within the Memphis, Tennessee-
Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone 
nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR 
Area'' or ``Area'') and to approve a State Implementation Plan (SIP) 
revision containing a maintenance plan for the Area. EPA is proposing 
to determine that the Memphis, TN-MS-AR Area is continuing to attain 
the 2008 8-hour ozone national ambient air quality standards (NAAQS); 
to approve the State's plan for maintaining attainment of the 2008 8-
hour ozone standard in the Area, including the motor vehicle emission 
budgets (MVEBs) for nitrogen oxides (NOX) and volatile 
organic compounds (VOC) for the years 2012 and 2027 for the Arkansas 
portion of the Area, into the SIP; and to redesignate the Arkansas 
portion of the Area to attainment for the 2008 8-hour ozone NAAQS. EPA 
is also notifying the public of the status of EPA's adequacy 
determination for the MVEBs for the Arkansas portion of the Memphis, 
TN-MS-AR Area.

DATES: Comments must be received on or before March 11, 2016.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0852, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The 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. The 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, please contact Jeffrey Riley, (214) 665-
8542, [email protected]. For 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, (214) 665-8542, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Riley or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of Arkansas' proposed NOX and 
VOC MVEBs for the Arkansas portion of the area?
VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs the arkansas portion of the 
area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Actions
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following three separate but related 
actions, one of which involves multiple elements: (1) To determine that 
the Memphis, TN-MS-AR Area is continuing to attain the 2008 8-hour 
ozone NAAQS; \1\ (2) to

[[Page 7047]]

approve Arkansas' plan for maintaining the 2008 8-hour ozone NAAQS 
(maintenance plan), including the associated MVEBs for the Arkansas 
portion of the Memphis, TN-MS-AR Area, into the SIP; and (3) to 
redesignate the Arkansas portion of the Memphis, TN-MS-AR Area to 
attainment for the 2008 8-hour ozone NAAQS. EPA is also notifying the 
public of the status of EPA's adequacy determination for the MVEBs for 
the Arkansas portion of the Memphis, TN-MS-AR Area. The Memphis, TN-MS-
AR Area consists of a portion of DeSoto County in Mississippi, all of 
Shelby County in Tennessee and all of Crittenden County in Arkansas. 
Today's proposed actions are summarized below and described in greater 
detail throughout this notice of proposed rulemaking.
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    \1\ On August 27, 2015, EPA published a proposed rulemaking 
entitled ``Determinations of Attainment by the Attainment Date, 
Extensions of the Attainment Date, and Reclassification of Several 
Areas Classified as Marginal for the 2008 Ozone National Ambient Air 
Quality Standards'' where the Agency proposed to determine that the 
Memphis, TN-MS-AR area had attained the 2008 8-hour ozone NAAQS, by 
the applicable attainment date of July 20, 2015, based on 2012-2014 
monitoring data. See 80 FR 51992. EPA is contemplating the final 
action for this proposed rule under a separate rulemaking from 
today's rulemaking.
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    EPA is proposing to make the determination that the Memphis, TN-MS-
AR Area is continuing to attain the 2008 8-hour ozone NAAQS based on 
recent air quality data and proposing to approve Arkansas' maintenance 
plan for its portion of the Memphis, TN-MS-AR Area as meeting the 
requirements of section 175A (such approval being one of the Clean Air 
Act (CAA or Act) criteria for redesignation to attainment status). The 
maintenance plan is designed to keep the Memphis, TN-MS-AR Area in 
attainment of the 2008 8-hour ozone NAAQS through 2027. The maintenance 
plan includes 2012 and 2027 MVEBs for NOX and VOC for the 
Arkansas portion of the Memphis, TN-MS-AR Area for transportation 
conformity purposes. EPA is proposing to approve these MVEBs and 
incorporate them into the Arkansas SIP.
    EPA also proposes to determine that the Arkansas portion of the 
Memphis, TN-MS-AR Area has met the requirements for redesignation under 
section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is 
proposing to approve a request to change the legal designation of 
Crittenden County within the Arkansas portion of the Memphis, TN-MS-AR 
Area, as found at 40 CFR part 81, from nonattainment to attainment for 
the 2008 8-hour ozone NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy 
process for the 2012 and 2027 NOX and VOC MVEBs for the 
Arkansas portion of the Memphis, TN-MS-AR Area. The Adequacy comment 
period began on December 16, 2015, with EPA's posting of the 
availability of Arkansas' submissions on EPA's Adequacy Web site 
(http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm). The 
Adequacy comment period for these MVEBs closed on January 11, 2016. No 
comments, adverse, or otherwise, were received during the Adequacy 
comment period. Please see section VII of this proposed rulemaking for 
further explanation of this process and for more details on the MVEBs.
    In summary, today's notice of proposed rulemaking is in response to 
Arkansas' December 10, 2015, redesignation request and associated SIP 
submission that address the specific issues summarized above and the 
necessary elements described in section 107(d)(3)(E) of the CAA for 
redesignation of the Arkansas portion of the Memphis, TN-MS-AR Area to 
attainment for the 2008 8-hour ozone NAAQS.

II. What is the background for EPA's proposed actions?

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). 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 CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of complete, quality assured, and 
certified 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 (May 21, 
2012). At the time of designation, the Memphis, TN-MS-AR Area was 
classified as a marginal nonattainment area for the 2008 8-hour ozone 
NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS 
(SIP Implementation Rule),\2\ EPA established ozone nonattainment area 
attainment dates based on Table 1 of section 181(a) of the CAA. This 
rule established an attainment date three years after the July 20, 
2012, effective date of designation for areas classified as marginal 
for the 2008 8-hour ozone nonattainment designations.\3\ Therefore, the 
Memphis, TN-MS-AR Area's attainment date was July 20, 2015.
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    \2\ This rule, entitled Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements and published at 80 FR 12264 (March 6, 2015), 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 (RACT), reasonably available control 
measures (RACM), major new source review (NSR), emission 
inventories, and the timing of SIP submissions and of compliance 
with emission control measures in the SIP. This rule also addresses 
the revocation of the 1997 ozone NAAQS and the anti-backsliding 
requirements that apply when the 1997 ozone NAAQS are revoked.
    \3\ The SIP Implementation Rule modified 40 CFR 51.1103 to 
establish attainment dates that run from the effective date of 
designation, i.e., July 20, 2012. This action was in response to the 
D.C. Circuit's decision in NRDC v. EPA (D.C. Cir. No. 12-1321) (Dec. 
23, 2014). The Court's decision held ``that the EPA's decision to 
run the attainment periods from the end of the calendar year in 
which areas were designated was unreasonable.'' 80 FR 12264, at 
12268.
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III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) The Administrator 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k); (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A; and, (5) the state containing such area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990 (57 FR 13498), and supplemented this guidance on

[[Page 7048]]

April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. Why is EPA proposing these actions?

    On December 10, 2015, the State of Arkansas, through ADEQ, 
requested that EPA redesignate the Arkansas portion of the Memphis, TN-
MS-AR Area to attainment for the 2008 8-hour ozone NAAQS. EPA's 
evaluation indicates that the entire Memphis, TN-MS-AR Area has 
attained the 2008 8-hour ozone NAAQS, and that the Arkansas portion of 
the Memphis, TN-MS-AR Area meets the requirements for redesignation as 
set forth in section 107(d)(3)(E), including the maintenance plan 
requirements under section 175A of the CAA. As a result, EPA is 
proposing to take the three related actions summarized in section I of 
this notice.

V. What is EPA's analysis of the request?

    Our analysis of the State's request with respect to the five 
redesignation criteria provided under CAA section 107(d)(3)(E) is 
discussed in the following paragraphs of this section.

Criteria (1)--The Memphis, TN-MS-AR Area Has Attained the 2008 8-Hour 
Ozone NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be 
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the 
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15 
and Appendix I of part 50, based on three complete, consecutive 
calendar years of quality-assured air quality monitoring data. To 
attain the NAAQS, the 3-year average of the fourth-highest daily 
maximum 8-hour average ozone concentrations measured at each monitor 
within an area over each year must not exceed 0.075 ppm. Based on the 
data handling and reporting convention described in 40 CFR part 50, 
Appendix I, the NAAQS are attained if the design value is 0.075 ppm or 
below. The data must be collected and quality-assured in accordance 
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS). 
The monitors generally should have remained at the same location for 
the duration of the monitoring period required for demonstrating 
attainment.
    EPA is proposing to determine that the Memphis, TN-MS-AR Area is 
continuing to attain the 2008 8-hour ozone NAAQS. EPA reviewed ozone 
monitoring data from monitoring stations in the Memphis, TN-MS-AR Area 
for the 2008 8-hour ozone NAAQS for 2012-2014, and the design values 
for each monitor in the Area are less than 0.075 ppm. These data have 
been quality-assured, are recorded in Aerometric Information Retrieval 
System (AIRS-AQS), and indicate that the Area is attaining the 2008 8-
hour ozone NAAQS. The fourth-highest 8-hour ozone values at each 
monitor for 2012, 2013, 2014, and the 3-year averages of these values 
(i.e., design values), are summarized in Table 1, below.

                  Table 1--2012-2014 Design Value Concentrations for the Memphis, TN-MS-AR Area
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                                                       4th Highest 8-hour ozone value  (ppm)       3-Year design
                                                 ------------------------------------------------  values  (ppm)
           Location                   Site                                                       ---------------
                                                       2012            2013            2014          2012-2014
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DeSoto, MS....................  Hernando........           0.075           0.065           0.067           0.069
Shelby, TN....................  Frayser.........           0.083           0.069           0.067           0.073
Shelby, TN....................  Orgill Park.....           0.084           0.063           0.065           0.070
Shelby, TN....................  Shelby Farms....           0.086           0.069           0.066           0.073
Crittenden, AR................  Marion..........           0.079           0.067           0.067           0.071
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    The 3-year design value for 2012-2014 for the Memphis, TN-MS-AR 
Area is 0.073 ppm,\4\ which meets the NAAQS. EPA has reviewed 2015 
preliminary monitoring data for the Area.\5\ This preliminary data is 
not yet certified to meet the QA requirements but continues to indicate 
the area is meeting the NAAQS. In today's action, EPA is proposing to 
determine that Memphis, TN-MS-AR Area is attaining the 2008 8-hour 
ozone NAAQS. EPA will not take final action to approve the

[[Page 7049]]

redesignation if the 3-year design value exceeds the NAAQS prior to EPA 
finalizing the redesignation. As discussed in more detail below, the 
State of Arkansas has committed to continue monitoring in this Area in 
accordance with 40 CFR part 58.
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    \4\ The monitor with the highest 3-year design value is 
considered the design value for the Area.
    \5\ 2012-2014 data and preliminary 2015 data is available at 
EPA's air data Web site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
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Criteria (2)--Arkansas Has a Fully Approved SIP Under Section 110(k) 
for the Arkansas Portion of the Memphis, TN-MS-AR Area; and Criteria 
(5)--Arkansas Has Met All Applicable Requirements Under Section 110 and 
Part D of Title I of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Arkansas has met all applicable SIP requirements 
for the Arkansas portion of the Area under section 110 of the CAA 
(general SIP requirements) for purposes of redesignation. Additionally, 
EPA proposes to find that the Arkansas SIP satisfies the criterion that 
it meets applicable SIP requirements for purposes of redesignation 
under part D of title I of the CAA in accordance with section 
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is 
fully approved with respect to all requirements applicable for purposes 
of redesignation in accordance with section 107(d)(3)(E)(ii). In making 
these determinations, EPA ascertained which requirements are applicable 
to the Area and, if applicable, that they are fully approved under 
section 110(k). SIPs must be fully approved only with respect to 
requirements that were applicable prior to submittal of the complete 
redesignation request.
a. The Arkansas Portion of the Memphis, TN-MS-AR Area Has Met All 
Applicable Requirements Under Section 110 and Part D of the CAA
    General SIP requirements. General SIP elements and requirements are 
delineated in section 110(a)(2) of title I, part A of the CAA. These 
requirements include, but are not limited to, the following: Submittal 
of a SIP that has been adopted by the state after reasonable public 
notice and hearing; provisions for establishment and operation of 
appropriate procedures needed to monitor ambient air quality; 
implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (Nonattainment NSR permit programs); provisions for air 
pollution modeling; and provisions for public and local agency 
participation in planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a state regardless of the 
designation of any one particular area in the state. Thus, EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation. 
See 75 FR 2091, at 2095-2096.
    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are applicable requirements for purposes of 
redesignation. The area will still be subject to these requirements 
after the area is redesignated. The section 110 and part D requirements 
that are linked with a particular area's designation and classification 
are the relevant measures to evaluate in reviewing a redesignation 
request. This approach is consistent with EPA's existing policy on 
applicability (i.e., for redesignations) of conformity and oxygenated 
fuels requirements, as well as with section 184 ozone transport 
requirements. See Reading, Pennsylvania, proposed and final rulemakings 
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 2008); 
Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, May 7, 
1996); and Tampa, Florida, final rulemaking at (60 FR 62748, December 
7, 1995). See also the discussion on this issue in the Cincinnati, 
Ohio, redesignation (65 FR 37890, June 19, 2000), and in the 
Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    Title I, Part D, applicable SIP requirements. Section 172(c) of the 
CAA sets forth the basic requirements of attainment plans for 
nonattainment areas that are required to submit them pursuant to 
section 172(b). Subpart 2 of part D, which includes section 182 of the 
CAA, establishes specific requirements for ozone nonattainment areas 
depending on the area's nonattainment classification. As provided in 
Subpart 2, the specific requirements of section 182(a) apply in lieu of 
the demonstration of attainment (and contingency measures) required by 
section 172(c). 42 U.S.C. 7511a(a). A thorough discussion of the 
requirements contained in sections 172(c) and 182 can be found in the 
General Preamble for Implementation of Title I (57 FR 13498).
    Section 182(a) Requirements. Section 182(a)(1) requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from sources of VOC and NOX emitted within the 
boundaries of the ozone nonattainment area. Arkansas provided an 
emissions inventory for the Memphis, TN-MS-AR Area to EPA in an August 
28, 2015 SIP submission. On January 14, 2016, EPA published a direct 
final rule to approve this emissions inventory into the SIP. See 81 FR 
1884.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC RACT rules that were required under 
section 172(b)(3) of the CAA (and related guidance) prior to the 1990 
CAA amendments. The Arkansas portion of the Memphis, TN-MS-AR Area is 
not subject to the section 182(a)(2) RACT ``fix up'' because it was 
designated as unclassifiable/attainment at that time.
    Section 182(a)(2)(B) requires each state with a marginal ozone 
nonattainment area that implemented, or was required to implement, an 
inspection and maintenance (I/M) program prior to the 1990 CAA 
amendments to submit a SIP revision providing for an I/M program no 
less stringent than that required prior to the 1990 amendments or 
already in the SIP at the time of the amendments, whichever is more 
stringent. The Arkansas portion of the Memphis, TN-MS-AR Area is not 
subject to the section 182(a)(2)(B) because it was designated as 
unclassifiable/attainment prior to 1990 and was not required to have an 
I/M program.
    Regarding the permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), Arkansas does have an approved part 
D NSR program in place

[[Page 7050]]

(72 FR 18394, April 12, 2007). However, EPA has determined that areas 
being redesignated need not comply with the requirement that a NSR 
program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without part D NSR, because PSD 
requirements will apply after redesignation. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Arkansas' PSD program will automatically 
become applicable in the Memphis, TN-MS-AR Area upon redesignation to 
attainment. Arkansas Regulation 31, Chapter 1, section 31.102
    Section 182(a)(3) requires states to submit periodic inventories 
and emissions statements. Section 182(a)(3)(A) requires states to 
submit a periodic inventory every three years. As discussed below in 
the section of this notice titled Criteria (4)(e), Verification of 
Continued Attainment, the State will continue to update its emissions 
inventory at least once every three years. Under section 182(a)(3)(B), 
each state with an ozone nonattainment area must submit a SIP revision 
requiring emissions statements to be submitted to the state by sources 
within that nonattainment area. Arkansas provided a SIP revision to EPA 
on November 19, 2007, addressing the section 182(a)(3)(B) emissions 
statements requirement, and on January 15, 2009, EPA published a final 
rule to approve this SIP revision. See 74 FR 2383.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs, and projects that 
are developed, funded, or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with Federal conformity regulations relating to 
consultation, enforcement, and enforceability that EPA promulgated 
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \6\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this 
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation 
of Tampa, Florida). Crittenden County does not currently have fully 
approved conformity rules, but as mentioned, the Federal conformity 
rules apply, and a Memorandum of Agreement outlining interagency 
consultation procedures is in place for transportation conformity 
purposes.
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    \6\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the MVEBs that are established in control 
strategy SIPs and maintenance plans.
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    EPA proposes that the Arkansas portion of the Memphis, TN-MS-AR 
Area has satisfied all applicable requirements for purposes of 
redesignation under section 110 and part D of title I of the CAA.
b. The Arkansas Portion of the Memphis, TN-MS-AR Area Has a Fully 
Approved Applicable SIP Under Section 110(k) of the CAA
    EPA has fully approved the applicable Arkansas SIP for the Memphis, 
TN-MS-AR Area under section 110(k) of the CAA for all requirements 
applicable for purposes of redesignation. EPA may rely on prior SIP 
approvals in approving a redesignation request (see Calcagni Memorandum 
at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 
984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional 
measures it may approve in conjunction with a redesignation action (see 
68 FR 25426 (May 12, 2003) and citations therein). Arkansas has adopted 
and submitted, and EPA has fully approved at various times, provisions 
addressing the various SIP elements applicable for the ozone NAAQS. See 
e.g. 77 FR 50033 (August 20, 2012).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
an area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA has approved all part D requirements 
applicable for purposes of this redesignation.

Criteria (3)--The Air Quality Improvement in the Memphis, TN-MS-AR Area 
Is Due to Permanent and Enforceable Reductions in Emissions Resulting 
From Implementation of the SIP and Applicable Federal Air Pollution 
Control Regulations and Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP, applicable Federal air pollution 
control regulations, and other permanent and enforceable reductions 
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that 
Arkansas has demonstrated that the observed air quality improvement in 
the Memphis, TN-MS-AR Area is due to permanent and enforceable 
reductions in emissions resulting from Federal measures and from state 
measures adopted into the SIP. EPA does not have any information to 
suggest that the decrease in ozone concentrations in the Memphis, TN-
MS-AR Area is due to unusually favorable meteorological conditions.
    Federal measures enacted in recent years have resulted in permanent 
emission reductions. Most of these emission reductions are enforceable 
through regulations. The Federal measures that have been implemented 
include the following:
    Tier 2 vehicle and fuel standards. Implementation began in 2004 and 
requires all passenger vehicles in any manufacturer's fleet to meet an 
average standard of 0.07 grams of NOX per mile. 
Additionally, in January 2006 the sulfur content of gasoline was 
required to be on average 30 ppm which assists in lowering the 
NOX emissions. Most gasoline sold in Eastern Arkansas prior 
to January 2006 had a sulfur content of about 300 ppm (65 FR 6698, 
February 10, 2000).\7\
---------------------------------------------------------------------------

    \7\ Arkansas also identified Tier 3 Motor Vehicle Emissions and 
Fuel Standards as a federal measure. EPA issued this rule in April 
28, 2014, which applies to light duty passenger cars and trucks. EPA 
promulgated this rule to reduce air pollution from new passenger 
cars and trucks beginning in 2017. Tier 3 emission standards will 
lower sulfur content of gasoline and lower the emissions standards.
---------------------------------------------------------------------------

    Large non-road diesel engines rule. This rule was promulgated in 
2004, and was phased in between 2008 through 2014 (69 FR 38958, June 
29, 2004). This rule reduces the sulfur content in the nonroad diesel 
fuel, and also reduces NOX, VOC, particulate matter, and 
carbon monoxide emissions. These emission reductions are federally 
enforceable. This rule applies to diesel

[[Page 7051]]

engines used in industries, such as construction, agriculture, and 
mining. It is estimated that compliance with this rule will cut 
NOX emissions from non-road diesel engines by up to 90 
percent nationwide.
    Heavy-duty gasoline and diesel highway vehicle standards. EPA 
issued this rule in January 2001 (66 FR 5002). This rule includes 
standards limiting the sulfur content of diesel fuel, which went into 
effect in 2004. A second phase took effect in 2007, which further 
reduced the highway diesel fuel sulfur content to 15 ppm, leading to 
additional reductions in combustion NOX and VOC emissions. 
EPA expects that this rule will achieve a 95 percent reduction in 
NOX emissions from diesel trucks and buses and will reduce 
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty 
vehicles that comply with these emission standards.\8\
---------------------------------------------------------------------------

    \8\ 66 FR 5002, 5012 (January 18, 2001).
---------------------------------------------------------------------------

    Nonroad spark-ignition engines and recreational engines standards. 
The nonroad spark-ignition and recreational engine standards, effective 
in January 2003, regulate NOX, hydrocarbons, and carbon 
monoxide from groups of previously unregulated nonroad engines (67 FR 
68242, November 8, 2002). These engine standards apply to large spark-
ignition engines (e.g., forklifts and airport ground service 
equipment), recreational vehicles (e.g., off-highway motorcycles and 
all-terrain-vehicles), and recreational marine diesel engines sold in 
the United States and imported after the effective date of these 
standards. When all of the nonroad spark-ignition and recreational 
engine standards are fully implemented, an overall 72 percent reduction 
in hydrocarbons, 80 percent reduction in NOX, and 56 percent 
reduction in carbon monoxide emissions are expected by 2020. These 
controls reduce ambient concentrations of ozone, carbon monoxide, and 
fine particulate matter.
    National Program for greenhouse gas (GHG) emissions and Fuel 
Economy Standards. The federal GHG and fuel economy standards apply to 
light-duty cars and trucks in model years 2012-2016 (phase 1) (75 FR 
25324, May 7, 2010) and 2017-2025 (phase 2) (proposed at 80 FR 40138, 
July 13, 2015). The final standards are projected to result in an 
average industry fleet-wide level of 163 grams/mile of carbon dioxide 
which is equivalent to 54.5 miles per gallon if achieved exclusively 
through fuel economy improvements. The fuel economy standards result in 
less fuel being consumed, and therefore less NOX emissions 
released.
    Point Sources. Emissions reductions from industries in Crittenden 
County contribute to the area's improvement in air quality. Stationary 
point source emissions data is collected annually from sources that 
meet reporting requirements outlined in 40 CFR part 51, subpart A--Air 
Emissions Reporting Requirement. These point sources include, but are 
not limited to, refineries, chemical plants, bulk terminals, and 
utilities.
    In 2010, Trojan Luggage Company/Americo was reclassified from a 
major source for Title V to a minor source and currently operates under 
Minor NSR Permit No. 1523-AR-2. With this action, allowable VOC 
emissions decreased by 0.1 tons per year (tpy) due to the modification 
of inks used at the printer. In addition, two facilities previously 
permitted to emit VOCs shut down and had their Title V and NSR permits 
voided, currently have no active air permit, and have been removed from 
the State's emissions inventory: Crittenden County Landfill, previously 
permitted to emit 55.2 tpy of VOC, had its Title V air permit voided in 
2009. Automated Conveyer Systems, previously permitted to emit 84.0 tpy 
of VOC, had its Title V air permit voided in 2010.

Criteria (4)--The Arkansas Portion of the Memphis, TN-MS-AR Area Has a 
Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Arkansas portion of the Memphis, TN-MS-AR Area to attainment for the 
2008 8-hour ozone NAAQS, ADEQ submitted a SIP revision to provide for 
the maintenance of the 2008 8-hour ozone NAAQS for at least 10 years 
after the effective date of redesignation to attainment. EPA believes 
that this maintenance plan meets the requirements for approval under 
section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain 
contingency measures as necessary to assure prompt correction of any 
future 2008 8-hour ozone violations. The Calcagni Memorandum provides 
further guidance on the content of a maintenance plan, explaining that 
a maintenance plan should address five requirements: The attainment 
emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. As is 
discussed more fully below, EPA is proposing to determine that 
Arkansas' maintenance plan includes all the necessary components and is 
thus proposing to approve it as a revision to the Arkansas SIP.
b. Attainment Emissions Inventory
    EPA is proposing to determine that the Memphis, TN-MS-AR Area has 
attained the 2008 8-hour ozone NAAQS based on quality-assured 
monitoring data for the 3-year period from 2012-2014, and is continuing 
to attain the standard based on preliminary 2015 data. Arkansas 
selected 2012 as the base year (i.e., attainment emissions inventory 
year) for developing a comprehensive emissions inventory for 
NOX and VOC, for which projected emissions could be 
developed for 2017, 2020 and 2027. The attainment inventory identifies 
a level of emissions in the Area that is sufficient to attain the 2008 
8-hour ozone NAAQS. Arkansas began development of the attainment 
inventory by first generating a baseline emissions inventory for the 
State's portion of the Memphis, TN-MS-AR Area. The projected summer day 
emission inventories have been estimated using projected rates of 
growth in population, traffic, economic activity, and other parameters. 
In addition to comparing the final year of the plan (2027) to the base 
year (2012), Arkansas compared interim years to the baseline to 
demonstrate that these years are also expected to show continued 
maintenance of the 2008 8-hour ozone standard.
    The emissions inventory is composed of four major types of sources: 
Point, area, on-road mobile, and non-road mobile. The complete 
descriptions of how the inventories were developed are discussed in the 
Appendix A through Appendix C of the December 10, 2015, submittal, 
which can be found in the

[[Page 7052]]

docket for this action. The 2012 NOX and VOC emissions for 
the Arkansas portion of the Memphis, TN-MS-AR Area, as well as the 
emissions for other years, were developed consistent with EPA guidance 
and are summarized in Tables 2 through 4 of the following subsection 
discussing the maintenance demonstration.
c. Maintenance Demonstration
    The maintenance plan associated with the redesignation request 
includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the 2008 8-hour ozone 
NAAQS by providing information to support the demonstration that 
current and future emissions of NOX and VOC remain at or 
below 2012 emissions levels.
    (ii) Uses 2012 as the attainment year and includes future emissions 
inventory projections for 2017, 2020 and 2027.
    (iii) Identifies an ``out year'' at least 10 years after the time 
necessary for EPA to review and approve the maintenance plan. Per 40 
CFR part 93, NOX and VOC MVEBs were established for the last 
year (2027) of the maintenance plan (see section VII below).
    (iv) Provides actual (2012) and projected emissions inventories, in 
tons per summer day (tpsd), for the Arkansas portion of the Memphis, 
TN-MS-AR Area, as shown in Tables 2 and 3, below.

 Table 2--Actual and Projected Average Summer Day NOX Emissions (tpsd) for the Arkansas Portion of the Memphis,
                                                  TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            3.65            3.08            2.87            2.26
Area............................................            3.22            2.85            2.65            2.10
Non-road........................................            1.97            1.48            1.28            0.73
On-road.........................................           13.04            9.48            7.68            5.18
                                                 ---------------------------------------------------------------
    Total.......................................           21.88           16.89           14.48           10.27
----------------------------------------------------------------------------------------------------------------


 Table 3--Actual and Projected Average Summer Day VOC Emissions (tpsd) for the Arkansas Portion of the Memphis,
                                                  TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            0.78            0.73            0.68            0.53
Area............................................            7.90            7.57            7.46            7.15
Non-road........................................            3.26            2.27            2.03            1.36
On-road.........................................            2.35            1.55            1.39            0.98
                                                 ---------------------------------------------------------------
    Total.......................................           14.29           12.12           11.56           10.01
----------------------------------------------------------------------------------------------------------------

    Tables 2 and 3 summarize the 2012 and future projected emissions of 
NOX and VOC from the Arkansas portion of the Memphis, TN-MS-
AR Area, as reflected in Section 4.1, Table 4 of the State's submittal. 
In situations where local emissions are the primary contributor to 
nonattainment, such as the Memphis, TN-MS-AR Area if the future 
projected emissions in the nonattainment area remain at or below the 
baseline emissions in the nonattainment area, then the ambient air 
quality standard should not be exceeded in the future. Arkansas has 
projected emissions as described previously and determined that 
emissions in the Arkansas portion of the Memphis, TN-MS-AR Area will 
remain below those in the attainment year inventory for the duration of 
the maintenance plan.
    As discussed in section VI of this proposed rulemaking, a safety 
margin is the difference between the attainment level of emissions 
(from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The attainment level of emissions is 
the level of emissions during one of the years in which the area met 
the NAAQS. Arkansas selected 2012 as the attainment emissions inventory 
year for the Arkansas portion of the Memphis, TN-MS-AR Area. The State 
has allocated a portion of the 2027 safety margin to its 2027 MVEBs for 
the Memphis, TN-MS-AR Area.

 Table 4--Total Safety Margins for the Arkansas Portion of the Memphis,
                       TN-MS-AR Area Tons per Day
                                  [tpd]
------------------------------------------------------------------------
                    Year                           VOC           NOX
------------------------------------------------------------------------
2027........................................         4.28         11.61
------------------------------------------------------------------------

    The State has decided to allocate a portion of the available safety 
margin to the 2027 MVEBs to allow for unanticipated growth in VMT, 
changes and uncertainty in vehicle mix assumptions, etc., that will 
influence the emission estimations. ADEQ has allocated 6.29 tpd of the 
safety margin to the 2027 NOX MVEB and 1.10 tpd of the 
safety margin to the 2027 VOC MVEB. After allocation of the available 
safety margin, the remaining safety margin was calculated as 5.32 tpd 
for NOX and 3.18 tpd for VOC. This allocation and the 
resulting available safety margin for the Arkansas portion of the 
Memphis, TN-MS-AR Area are discussed further in section VI of this 
proposed rulemaking along with the MVEBs to be used for transportation 
conformity proposes.
d. Monitoring Network
    There currently are 5 monitors measuring ozone in the Memphis, TN-
MS-AR Area, one of which is in the Arkansas portion of the Memphis, TN-
MS-AR Area. The State of Arkansas, through ADEQ, has committed to 
continue operation of the monitor in the Arkansas portion of the 
Memphis, TN-MS-AR Area in compliance with 40 CFR part 58 and have thus 
addressed the requirement for monitoring. EPA approved Arkansas' 
monitoring plan on November 16, 2015. Mississippi and Tennessee have 
made similar commitments in their maintenance

[[Page 7053]]

plans. Mississippi's monitoring plan was approved by EPA on November 7, 
2014; whereas Tennessee's monitoring plan was approved by EPA on 
January 13, 2015.
e. Verification of Continued Attainment
    The State of Arkansas, through ADEQ, has the legal authority to 
enforce and implement the maintenance plan for the Arkansas portion of 
the Area. This includes the authority to adopt, implement, and enforce 
any subsequent emissions control contingency measures determined to be 
necessary to correct future ozone attainment problems.
    Large stationary sources are required to submit an emissions 
inventory annually to ADEQ. ADEQ commits to review these emissions 
inventories to determine if any unexpected growth in NOX 
emissions in the Area may endanger the maintenance of the 2008 8-hour 
ozone NAAQS.
    Additionally, under the Consolidated Emissions Reporting Rule 
(CERR) and Air Emissions Reporting Requirements (AERR), ADEQ is 
required to develop a comprehensive, annual, statewide emissions 
inventory every three years that is due twelve to eighteen months after 
the completion of the inventory year. The AERR inventory years match 
the base year and final year of the inventory for the maintenance plan, 
and are within one or two years of the interim inventory years of the 
maintenance plan. Therefore, ADEQ commits to compare the CERR and AERR 
inventories as they are developed with the maintenance plan to 
determine if additional steps are necessary for continued maintenance 
of the 2008 8-hour ozone NAAQS in this Area.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the state. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    In the December 10, 2015, submittal, Arkansas affirms that all 
programs instituted by the State and EPA will remain enforceable and 
that sources are prohibited from decreasing emissions controls 
following the redesignation of the Area. The contingency plan included 
in the submittal includes a triggering mechanism to determine when 
contingency measures are needed and a process of developing and 
implementing appropriate control measures. The primary trigger of the 
contingency plan will be a violation of the 2008 8-hour ozone NAAQS 
(i.e., when the three-year average of the 4th highest values is equal 
to or greater than 0.076 ppm at a monitor in the Area). The trigger 
date will be the date that the State observes a 4th highest value that, 
when averaged with the two previous ozone seasons' fourth highest 
values, would result in a three-year average equal to or greater than 
0.076 ppm. The secondary trigger will apply where no actual violation 
of the 2008 8-hour ozone NAAQS has occurred, but when ADEQ forecasts 
ozone levels above the 2008 8-hour ozone NAAQS.
    Once the primary or secondary trigger is activated, the ADEQ, shall 
commence analyses including trajectory analyses of high ozone days and 
an emissions inventory assessment to determine those emission control 
measures that will be required for attaining or maintaining the 2008 8-
hour ozone NAAQS. ADEQ commits \9\ to adopt and implement at least one 
of the following contingency measures listed in Table 5 as 
expeditiously as practicable, but no later than 24 months after a 
primary triggering event.
---------------------------------------------------------------------------

    \9\ On January 20, 2016, ADEQ clarified ADEQ's commitment is to 
adopt and implement contingency measures upon a violation-triggering 
event if it is determined that the violation is caused by a source 
or sources within Crittenden County. Clarification Letter from 
Stuart Spencer to Ron Curry, January 20, 2016 (Clarification 
Letter). A copy is contained in the docket for this rulemaking.

         Table 5--Crittenden County Contingency Measure Options
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
 Reasonable Available Control Technology (RACT) for VOC and NOX
 sources;
 Anti-idling ordinances;
 Open burning restrictions during peak ozone season;
 Diesel retrofit/replacement incentives;
 Programs or incentives to decrease motor vehicle use;
 Trip reduction ordinances;
 Requirements for additional emissions reductions from
 stationary sources;
 Enhancement of inspection of stationary sources to ensure
 emissions control equipment is functioning properly;
 Fuel programs, including incentives for alternative fuels;
 Employer-based transportation management plans, including
 incentives;
 Limitation/restriction of vehicle use in downtown areas, or
 other areas of high emissions concentration, particularly during
 periods of peak use;
 New construction and major reconstruction of paths for use by
 pedestrians or by non-motorized vehicles when economically feasible and
 in the public interest; and
 Other currently unspecified control measures that might prove
 to be advantageous.
------------------------------------------------------------------------

    EPA proposes to conclude that the maintenance plan adequately 
addresses the five basic components of a maintenance plan: The 
attainment emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. 
Therefore, EPA proposes that the maintenance plan SIP revision 
submitted by Arkansas for the State's portion of the Area meets the 
requirements of section 175A of the CAA and is approvable.

VI. What is EPA's analysis of Arkansas' proposed NOX and VOC 
MVEBs for the Arkansas portion of the area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a transportation 
plan does not conform, most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP. The regional 
emissions analysis is one, but not the only, requirement for 
implementing transportation conformity. Transportation conformity is a 
requirement for nonattainment and maintenance areas. Maintenance areas 
are areas that were previously nonattainment for a particular NAAQS but 
have since been redesignated to attainment with an approved maintenance 
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for

[[Page 7054]]

nonattainment areas. These control strategy SIPs, including maintenance 
plans, create MVEBs (or in this case sub-area MVEBs) for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEBs for other years 
as well. The MVEB is the portion of the total allowable emissions in 
the maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule (58 FR 62188). The preamble also 
describes how to establish the MVEB in the SIP and how to revise the 
MVEB.
    As part of the interagency consultation process on setting MVEBs, 
ADEQ held discussions to determine what years to set MVEBs for the 
Memphis, TN-MS-AR maintenance plan. According to the transportation 
conformity rule, a maintenance plan must establish MVEBs for the last 
year of the maintenance plan (in this case, 2027). See 40 CFR 93.118. 
Arkansas also provided MVEBs for 2012. Table 6 below provides the 
NOX and VOC MVEBs in tpd for 2012 and 2027, as reflected in 
Section 4.2, Table 6 of the State's submittal.

                         Table 6--Arkansas' Portion of the Memphis, TN-MS-AR Area MVEBs
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                                               2012                            2027
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
----------------------------------------------------------------------------------------------------------------
Base Emissions..................................           13.04            2.35            5.18            0.98
Safety Margin Allocated to MVEB.................             N/A             N/A            6.29            1.10
Conformity MVEB.................................           13.04            2.35           11.47            2.08
----------------------------------------------------------------------------------------------------------------

    As mentioned above, Arkansas has chosen to allocate a portion of 
the available safety margin to the NOX and VOC MVEBs for 
2027. As discussed in section V of this proposed rulemaking, a safety 
margin is the difference between the attainment level of emissions 
(from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The attainment level of emissions is 
the level of emissions during one of the years in which the area met 
the NAAQS. As discussed above, Arkansas has selected 2012 as the base 
year.
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and VOC for 2012 and 2027 for the Arkansas portion of 
the Memphis, TN-MS-AR Area because EPA believes that the Area maintains 
the 2008 8-hour ozone NAAQS with the emissions at the levels of the 
budgets. Once the MVEBs for the Arkansas portion of the Memphis, TN-MS-
AR Area are approved or found adequate (whichever is completed first), 
they must be used for future conformity determinations.

VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs for the Arkansas portion of the 
area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. The 
adequacy process, as described below, is generally faster than approval 
of the controls strategy revision thus allowing submitted MVEBs to be 
used sooner. EPA is evaluating the adequacy of the submitted MVEBs in 
parallel to this proposed approval action on the redesignation request 
and maintenance plan. Once EPA affirmatively finds the submitted MVEB 
is adequate for transportation conformity purposes, that MVEB must be 
used by state and Federal agencies in determining whether proposed 
transportation projects conform to the SIP as required by section 
176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' EPA adopted regulations to codify the 
adequacy process in the Transportation Conformity Rule Amendments for 
the ``New 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards and Miscellaneous Revisions for Existing Areas; 
Transportation Conformity Rule Amendments--Response to Court Decision 
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional 
information on the adequacy process for transportation conformity 
purposes is available in the proposed rule entitled, ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Arkansas' maintenance plan includes 
NOX and VOC MVEBs for the Arkansas portion of the Memphis, 
TN-MS-AR Area for 2012 as well as 2027, the last year of the 
maintenance plan. EPA is reviewing the NOX and VOC MVEBs 
through the adequacy process. The NOX and VOC MVEBs for the 
Arkansas portion of the Memphis, TN-MS-AR Area, opened for public 
comment on EPA's adequacy Web site on December 16, 2015, found at: 
http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm.
    EPA intends to make its determination on the adequacy of the 2012 
and 2027 MVEBs for the Arkansas portion of the Memphis, TN-MS-AR Area 
for transportation conformity purposes in the near future by completing 
the adequacy process that was started on December 16, 2015. After EPA 
finds the 2012 and 2027 MVEBs adequate or approves them, the new MVEBs 
for NOX and VOC must be used for future transportation 
conformity determinations. For required regional emissions analysis 
years between 2012 and 2027, the applicable budgets will be the new 
2012 MVEBs established in the maintenance plan, as defined in section 
VI of this proposed rulemaking. For analysis years 2027 and beyond, the 
applicable budgets will be the new 2027 MVEBs established in the 
maintenance plan.

VIII. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take 
final

[[Page 7055]]

action on the issues being proposed for approval today. Approval of 
Arkansas' redesignation request would change the legal designation of 
the portion of Crittenden County that is within the Memphis, TN-MS-AR 
Area, as found at 40 CFR part 81, from nonattainment to attainment for 
the 2008 8-hour ozone NAAQS. Approval of Arkansas' associated SIP 
revision would also incorporate a plan for maintaining the 2008 8-hour 
ozone NAAQS in the Memphis, TN-MS-AR Area through 2027 into the SIP. 
This maintenance plan includes contingency measures to remedy any 
future violations of the 2008 8-hour ozone NAAQS and procedures for 
evaluation of potential violations. The maintenance plan also 
establishes NOX and VOC MVEBs for 2012 and 2027 for the 
Arkansas portion of the Memphis, TN-MS-AR Area. The MVEBs are listed in 
Table 6 in section VI. Additionally, EPA is notifying the public of the 
status of EPA's adequacy determination for the newly-established 
NOX and VOC MVEBs for 2012 and 2027 for the Arkansas portion 
of the Memphis, TN-MS-AR Area.

IX. Proposed Actions

    EPA is taking three separate but related actions regarding the 
redesignation and maintenance of the 2008 8-hour ozone NAAQS for the 
Arkansas portion of the Memphis, TN-MS-AR Area. EPA is proposing to 
determine that the entire Memphis, TN-MS-AR Area is attaining the 2008 
8-hour ozone NAAQS. EPA is also proposing to approve the maintenance 
plan (including the Clarification Letter) for the Arkansas portion of 
the Area, including the NOX and VOC MVEBs for 2012 and 2027, 
into the Arkansas SIP (under CAA section 175A). The maintenance plan 
demonstrates that the Area will continue to maintain the 2008 8-hour 
ozone NAAQS through 2027 and that the budgets meet all of the adequacy 
criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of 
today's action, EPA is describing the status of its adequacy 
determination for the NOX and VOC MVEBs for 2012 and 2027 in 
accordance with 40 CFR 93.118(f)(2). Within 24 months from the 
effective date of EPA's adequacy determination for the MVEBs or the 
publication date for the final rule for this action, whichever is 
earlier, the transportation partners will need to demonstrate 
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 
93.104(e)(3).
    Additionally, EPA is proposing to determine that the Arkansas 
portion of the Memphis, TN-MS-AR Area has met the criteria under CAA 
section 107(d)(3)(E) for redesignation from nonattainment to attainment 
for the 2008 8-hour ozone NAAQS. On this basis, EPA is proposing to 
approve Arkansas' redesignation request for the Arkansas portion of the 
Memphis, TN-MS-AR Area. If finalized, approval of the redesignation 
request would change the official designation of the portion of 
Crittenden County that is within the Memphis, TN-MS-AR Area, as found 
at 40 CFR part 81, from nonattainment to attainment for the 2008 8-hour 
ozone NAAQS.

X. 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 proposed actions merely propose to approve state law 
as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For this reason, these 
proposed actions:
     Are 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);
     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
     do 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: January 27, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-02567 Filed 2-9-16; 8:45 am]
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