[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Rules and Regulations]
[Pages 20543-20545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08155]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2015-0743; FRL-9944-74-Region 4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 11, 2015, the State of Mississippi, through the 
Mississippi Department of Environment Quality (MDEQ), submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the portion of Mississippi 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 a related State Implementation Plan (SIP) 
revision containing a maintenance plan for the Area. EPA is taking the 
following separate final actions related to the December 11, 2015, 
redesignation request and SIP revision: Determining that the Memphis, 
TN-MS-AR Area is attaining the 2008 8-hour ozone national ambient air 
quality standards (NAAQS); approving the State's plan for maintaining 
attainment of the 2008 8-hour ozone NAAQS in the Area, including the 
motor vehicle emission budgets (MVEBs) for nitrogen oxides 
(NOX) and volatile organic compounds (VOC) for the year 2027 
for the Mississippi portion of the Area, into the SIP; and 
redesignating the Mississippi portion of the Area to attainment for the 
2008 8-hour ozone NAAQS. Additionally, EPA finds the 2027 MVEBs for the 
Mississippi portion of the Area adequate for the purposes of 
transportation conformity.

DATES: This rule will be effective May 9, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0743. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory 
Management Section, 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. Mr. Lakeman may be reached by phone at (404) 562-9043 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background for Final Actions

    On May 21, 2012, EPA designated areas as unclassifiable/attainment 
or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated 
on March 27, 2008. See 77 FR 30088. 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. 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. 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),\1\ EPA 
established ozone nonattainment area attainment dates based on Table 1 
of section 181(a) of the Clean Air Act (CAA or Act). This established 
an attainment date three years after the July 20, 2012, effective date 
for areas classified as marginal areas for the 2008 8-hour ozone 
nonattainment designations. Therefore, the Memphis, TN-MS-AR Area's 
attainment date is July 20, 2015.
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    \1\ 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.
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    On December 11, 2015, MDEQ requested that EPA redesignate 
Mississippi's portion of the Memphis, TN-MS-AR Area to attainment for 
the 2008 8-hour ozone NAAQS and submitted a SIP revision containing the 
State's plan for maintaining attainment of the 2008 8-hour ozone 
standard in the Area, including the MVEBs for NOX and VOC 
for the year 2027 for the Mississippi portion of the Area.\2\ In a 
notice of proposed rulemaking (NPRM) published on February 11, 2016, 
EPA proposed to determine that the Memphis, TN-MS-AR Area is attaining 
the 2008 8-hour ozone NAAQS; to approve and incorporate into the 
Mississippi SIP the State's plan for maintaining attainment of the 2008 
8-hour ozone standard in the Area, including the 2027 MVEBs for 
NOX and VOC for Mississippi's portion of Memphis, TN-MS-AR 
Area; and to redesignate the Mississippi portion of the Area to 
attainment for the 2008 8-hour ozone NAAQS. See 81 FR 7269. In that 
notice, EPA also notified the public of the status of the Agency's 
adequacy determination for the NOX and VOC MVEBs for 
Mississippi's portion of Memphis, TN-MS-AR Area. No comments were 
received on the February 11, 2016, proposed rulemaking. The details of 
Mississippi's submittal and the rationale for EPA's actions are further 
explained in the NPRM. See 81 FR 7269 (February 11, 2016).
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    \2\ The Mississippi Commission on Environmental Quality adopted 
the SIP revision containing the maintenance plan on December 2, 
2015.
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II. What are the effects of these actions?

    Approval of Mississippi's redesignation request changes the legal 
designation of DeSoto County in the Mississippi portion of the Memphis, 
TN-MS-AR Area, found at 40 CFR 81.325, from nonattainment to attainment 
for the 2008 8-hour ozone NAAQS. Approval of Mississippi's associated 
SIP revision also incorporates a plan into the SIP for maintaining the 
2008 8-hour ozone NAAQS in the Mississippi portion of the Memphis, TN-
MS-AR Area through 2027. The maintenance plan establishes 
NOX and VOC MVEBs for 2027 for the DeSoto County portion of 
the Memphis, TN-MS-AR Area and includes contingency measures to remedy 
any future

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violations of the 2008 8-hour ozone NAAQS and procedures for evaluating 
potential violations. The MVEBs for the Mississippi portion of the 
Memphis, TN-MS-AR Area, along with the allocations from the safety 
margin, are provided in the table below.\3\
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    \3\ As discussed in the NPRM, the 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. Mississippi chose to allocate a portion of the 
available safety margin to the NOX and VOC MVEBs for 
2027. MDEQ has allocated 5.26 tpd of the NOX safety 
margin to the 2027 NOX MVEB and 2.46 tpd of the VOC 
safety margin to the 2027 VOC MVEB.

     MVEBs for the Mississippi Portion of the Memphis, TN-MS-AR Area
                                  [tpd]
------------------------------------------------------------------------
                                                       2027
                                         -------------------------------
                                                NOX             VOC
------------------------------------------------------------------------
On-Road Emissions.......................            2.74            2.54
Safety Margin Allocated to MVEB.........            5.26            2.46
                                         -------------------------------
    Conformity MVEB.....................            8.00            5.00
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III. Final Actions

    EPA is taking three separate final actions regarding Mississippi's 
December 11, 2015, request to redesignate the Mississippi portion of 
the Memphis, TN-MS-AR Area to attainment and associated SIP revision. 
First, EPA is determining that the Memphis, TN-MS-AR Area is attaining 
the 2008 8-hour ozone NAAQS.
    Second, EPA is approving and incorporating the maintenance plan for 
the Memphis, TN-MS-AR Area, including the NOX and VOC MVEBs 
for 2027, into the Mississippi SIP. The maintenance plan demonstrates 
that the Area will continue to maintain the 2008 8-hour ozone NAAQS 
through 2027.
    Third, EPA is determining that Mississippi has met the criteria 
under CAA section 107(d)(3)(E) for redesignation of the State's portion 
of the Memphis, TN-MS-AR Area from nonattainment to attainment for the 
2008 8-hour ozone NAAQS. On this basis, EPA is approving Mississippi's 
redesignation request. As mentioned above, approval of the 
redesignation request changes the official designation of DeSoto County 
in the Mississippi portion of the Memphis, TN-MS-AR Area for the 2008 
8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR 
part 81.
    EPA is also notifying the public that EPA finds the newly-
established NOX and VOC MVEBs for the Mississippi portion of 
the Memphis, TN-MS-AR Area adequate for the purpose of transportation 
conformity. Within 24 months from this final rule, the transportation 
partners will need to demonstrate conformity to the new NOX 
and VOC MVEBs pursuant to 40 CFR 93.104(e)(3).

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these actions merely approve state law as meeting Federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions 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
     will not have disproportionate human health or 
environmental effects 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.
    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

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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 June 7, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: March 29, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are 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 an entry for ``2008 8-hour 
ozone Maintenance Plan for the DeSoto County portion of Memphis, TN-AR-
MS 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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                                          Applicable       State submittal
    Name of non-regulatory SIP          geographic or       date/effective            EPA Approval date                         Explanation
             provision                nonattainment area         date
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                                                                      * * * * * * *
2008 8-hour ozone Maintenance Plan  DeSoto County portion       12/2/2015   4/8/2016 [Insert citation of
 for the DeSoto County portion of    of Memphis, TN-AR-MS                    publication].
 Memphis, TN-AR-MS Nonattainment     Nonattainment Area.
 Area.
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PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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


0
4. In Sec.  81.325, the table entitled ``Mississippi-2008 8-Hour Ozone 
NAAQS (Primary and secondary)'' is amended under ``Memphis, TN-MS-AR:'' 
By revising the entry for ``DeSoto County (part) Portion along MPO 
Lines'' to read as follows:


Sec.  81.325  Mississippi.

* * * * *

                                                           Mississippi-2008 8-Hour Ozone NAAQS
                                                                 [Primary and secondary]
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                      Date \1\                      Type
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Memphis, TN-MS-AR: \2\                    ...........  .........................................  ...........  .........................................
DeSoto County (part) Portion along MPO       4/8/2016  Attainment...............................
 Lines.
 
                                                                      * * * * * * *
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2016-08155 Filed 4-7-16; 8:45 am]
 BILLING CODE 6560-50-P