[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22948-22960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08796]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2016-0018; FRL-9945-04-Region 4]


Air Plan Approval and Air Quality Designation; TN; Redesignation 
of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On January 19, 2016, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation (TDEC), Air 
Pollution Control Division, submitted a request for the Environmental 
Protection Agency (EPA) to redesignate the portion of Tennessee that is 
within the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 
2008 8-hour ozone nonattainment area (hereafter referred to as the 
``Tennessee portion of the Memphis, TN-MS-AR Area'' or ``Tennessee 
portion of the Area'') to attainment for the 2008 8-hour ozone National 
Ambient Air Quality Standards (NAAQS) and an associated State 
Implementation Plan (SIP) revision containing a maintenance plan and a 
base year emissions inventory for the Area. EPA is proposing to approve 
the base year emissions inventory for the Tennessee portion of the Area 
into the SIP; to determine that the Memphis, TN-MS-AR Area has attained 
the 2008 8-hour ozone 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 
year 2027 for the Tennessee portion of the Area, into the SIP; and to 
redesignate the Tennessee 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 Tennessee portion 
of the Memphis, TN-MS-AR Area.

DATES: Comments must be received on or before May 19, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0018, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is

[[Page 22949]]

considered the official comment and should include discussion of all 
points you wish to make. EPA will generally not consider comments or 
comment contents located outside of the primary submission (i.e. on the 
web, cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Spann 
can be reached by phone at (404) 562-9029 or via electronic mail at 
[email protected].

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 redesignation request and January 
19, 2016, SIP submission?
VI. What is EPA's analysis of Tennessee's proposed NOX 
and VOC MVEBs for the Tennessee portion of the area?
VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs the Tennessee 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 four separate but related 
actions, one of which involves multiple elements: (1) To approve the 
base year emissions inventory for the 2008 8-hour ozone NAAQS for the 
Tennessee portion of the Area into the Tennessee SIP; (2) to determine 
that the Memphis, TN-MS-AR Area has attained the 2008 8-hour ozone 
NAAQS; \1\ (3) to approve Tennessee's plan for maintaining the 2008 8-
hour ozone NAAQS (maintenance plan), including the associated MVEBs for 
the Tennessee portion of the Memphis, TN-MS-AR Area, into the SIP; and 
(4) to redesignate the Tennessee 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 Tennessee portion of the Memphis, TN-MS-AR Area. The Memphis, 
TN-MS-AR Area consists of all of Shelby County in Tennessee, all of 
Crittenden County in Arkansas, and a portion of DeSoto County in 
Mississippi. Today's proposed actions are summarized below and 
described in greater detail throughout this notice of proposed 
rulemaking.
---------------------------------------------------------------------------

    \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 has proposed to determine that 
the Memphis, TN-MS-AR Area has 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. Any final action on the 
August 27, 2015 proposed rule will occur in a separate rulemaking 
from today's proposed action.
---------------------------------------------------------------------------

    Based on the 2008 8-hour ozone nonattainment designation for the 
Memphis, TN-MS-AR Area, Tennessee was required to develop a 
nonattainment SIP revision addressing certain Clean Air Act (CAA or 
Act) requirements. Specifically, pursuant to CAA section 182(a)(3)(B) 
and section 182(a)(1), the state was required to submit a SIP revision 
addressing emissions statements and emissions inventory requirements, 
respectively, for its portion of the Area. EPA approved the emissions 
statements requirements for the Tennessee portion of the Area into the 
SIP in a separate action. See 80 FR 11974 (March 5, 2015). Today, EPA 
is proposing to determine that the base year emissions inventory, as 
submitted in the State's January 19, 2016, SIP revision, meets the 
requirements of section 182(a)(1) of the CAA and proposing to approve 
this emissions inventory into the SIP.
    EPA is making the preliminary determination that the Memphis, TN-
MS-AR Area has attained the 2008 8-hour ozone NAAQS based on recent air 
quality data and proposing to approve Tennessee's 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 CAA 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 2027 MVEBs for 
NOX and VOC for the Tennessee portion of the Memphis, TN-MS-
AR Area for transportation conformity purposes. EPA is proposing to 
approve these MVEBs and incorporate them into the Tennessee SIP.
    EPA also proposes to determine that the Tennessee 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 
Shelby County, 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 2027 NOX and VOC MVEBs for the Tennessee 
portion of the Memphis, TN-MS-AR Area. The Adequacy comment period 
began on January 27, 2016, with EPA's posting of the availability of 
Tennessee's submissions on EPA's Adequacy Web site (http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm#shelby-cnty).
    The Adequacy comment period for these MVEBs closed on February 26, 
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 
Tennessee's January 19, 2016, 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 Tennessee 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 P of part 
50.

[[Page 22950]]

    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 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 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 
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 January 19, 2016, the State of Tennessee, through TDEC, 
requested that EPA redesignate the Tennessee portion of the Memphis, 
TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS and approve 
the associated SIP revision submitted on the same date. EPA's 
evaluation indicates that the entire Memphis, TN-MS-AR Area has 
attained the 2008 8-hour ozone NAAQS and that the Tennessee portion of 
the Memphis, TN-MS-AR Area meets the requirements for redesignation as 
set forth in CAA section 107(d)(3)(E), including the maintenance plan 
requirements under CAA section 175A and associated MVEBs. Also, based 
on Tennessee's January 19, 2016, submittal, EPA is proposing to 
determine that the base year emissions inventory, included in 
Tennessee's January 19, 2016, submittal, meets the requirements under 
CAA section 182(a)(1). Approval of the base year emissions inventory is 
a prerequisite to redesignating an ozone nonattainment area to 
attainment. As a result of these proposed findings, EPA is proposing to 
take the four related actions summarized in section I of this notice.

V. What is EPA's analysis of the redesignation request and January 19, 
2016, SIP submission?

    As stated above, in accordance with the CAA, EPA proposes in 
today's action to: (1) Approve the 2008 8-hour ozone NAAQS base year 
emissions inventory for the Tennessee portion of the Area into the 
Tennessee SIP; (2) determine that the Memphis, TN-MS-AR Area has 
attained the 2008 8-hour ozone NAAQS; (3) approve the 2008 8-hour ozone 
NAAQS maintenance plan, including the associated MVEBs, into the 
Tennessee SIP; and (4) redesignate the Tennessee portion of the 
Memphis, TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS.

A. Emission Inventory

    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 
nonattainment area. The section 182(a)(1) base year emissions 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 
an RFP plan as required by 40 CFR 51.1110(b),\3\ and the inventory must

[[Page 22951]]

include actual ozone season day emissions as defined in 40 CFR 
51.1100(cc) \4\ 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. See 40 CFR 51.1115(d).
---------------------------------------------------------------------------

    \3\ 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 this 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.''
    \4\ ``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).
---------------------------------------------------------------------------

    Tennessee selected 2011 as the year for the CAA section 182(a)(1) 
emissions inventory which is the year corresponding with the first 
triennial inventory under 40 CFR part 51, subpart A. The emissions 
inventory is based on data developed and submitted by TDEC and Shelby 
County Health Department 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.\5\
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

    Tennessee's emissions inventory for its portion of the Area 
provides 2011 emissions data for NOX and VOCs for the 
following general source categories: Point, area, non-road mobile, and 
on-road mobile. A detailed discussion of the inventory development is 
located in Attachment VII to Tennessee's January 19, 2016, SIP 
submittal which is provided in the docket for this action. Table 1, 
below, provides a summary of the emissions inventory.

             Table 1--2011 Point, Area, Non-Road Mobile, and On-Road Mobile Sources Emissions for the Tennessee Portion of the Memphis Area
                                                              [Tons per typical summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Point                    Area *              Non-road mobile **          On-road mobile
                     County                      -------------------------------------------------------------------------------------------------------
                                                      NOX          VOC          NOX          VOC          NOX          VOC          NOX          VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shelby County...................................       18.30         9.49         4.53        46.88        29.24        15.09        37.90        16.11
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Includes Prescribed Burning.
** Includes nonroad equipment, airports, Commercial Marine Vessels (CMVs), and locomotives.

    The emissions inventory includes all anthropogenic VOC and 
NOXsources for Shelby County, Tennessee. NOx and VOC 
emissions were calculated for a typical summer July day, taking into 
account the seasonal adjustment factor for summer operations. More 
detail on the inventory emissions for individual sources categories is 
provided below and in Attachment VII to Tennessee's January 19, 2016, 
SIP submittal.
    Point sources are large, stationary, identifiable sources of 
emissions that release pollutants into the atmosphere. The inventory 
contains point source emissions data for facilities located within 
Shelby County based on the Shelby County, Tennessee, Emissions 
Inventory Questionnaire (EIQ) which is an annual emissions inventory 
survey conducted by the Shelby County Health Department. Each facility 
was required to update the data through the EIQ with information for 
the requested year and return the updated data to Shelby County Health 
Department.
    Area 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 estimated 
by multiplying an emission factor by such indicators of collective 
emissions activity as production, number of employees, or population. 
These emissions were estimated at the county level. Tennessee submitted 
an inventory that it developed for the NEI in accordance with the AERR. 
Tennessee developed its inventory according to the current EPA 
emissions inventory guidance for area sources.\6\
---------------------------------------------------------------------------

    \6\ This guidance includes: Procedures for the Preparation of 
Emission Inventories of Carbon Monoxide and Precursors of Ozone, 
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory 
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources 
(Revised January 2001, updated April 2001).
---------------------------------------------------------------------------

    On-road mobile sources include vehicles used on roads for 
transportation of passengers or freight. Tennessee developed its on-
road emissions inventory using EPA's Motor Vehicle Emissions Simulator 
(MOVES) model with input data from the Memphis Metropolitan Planning 
Organization (MPO).\7\ County level on-road modeling was conducted 
using county-specific vehicle population and other local data. 
Tennessee developed its inventory according to the current EPA 
emissions inventory guidance for on-road mobile sources using MOVES 
version 2014.
---------------------------------------------------------------------------

    \7\ Tennessee used MOVES2014 technical guidance: Using MOVES to 
Prepare Emission Inventories in State Implementation Plans and 
Transportation Conformity, EPA-420-b-15-007 (January 2015).
---------------------------------------------------------------------------

    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). Tennessee calculated emissions for 
most of the non-road mobile sources using EPA's NONROAD2008a model \8\ 
and developed its non-road mobile source inventory according to the 
current EPA emissions inventory guidance for non-road mobile 
sources.\9\
---------------------------------------------------------------------------

    \8\ For consistency with the NEI, Tennessee included emissions 
data for aircraft, locomotive, and commercial marine vessels (CMV) 
by county. CMV emissions for 2011 were primarily based on EPA's 2011 
NEI, U.S. Corps of Engineers' 2012 Waterborne Commerce, and 2012 
survey of railroad companies operating in Shelby County.
    \9\ This guidance includes: Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (December 
1992).
---------------------------------------------------------------------------

    For the reasons discussed above, EPA has preliminarily determined 
that Tennessee's emissions inventory meets the requirements under CAA 
section 182(a)(1) and the SIP Requirements Rule for the 2008 8-hour 
ozone NAAQS. Approval of Tennessee's redesignation request is 
contingent upon EPA's final approval of the base year emissions 
inventory for the 2008 8-hour ozone NAAQS.

[[Page 22952]]

B. Redesignation Request and Maintenance Demonstration

    The five redesignation criteria provided under CAA section 
107(d)(3)(E) are discussed in greater detail for the Area 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. See 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 P 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 P, 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 EPA's 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.
    In this action, EPA is preliminarily determining that the Memphis, 
TN-MS-AR Area has attained 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 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 
2, below.

                  Table 2--2012-2014 Design Value Concentrations for the Memphis, TN-MS-AR Area
                                                      [ppm]
----------------------------------------------------------------------------------------------------------------
                                                       4th Highest 8-hour ozone value (ppm)        3-Year design
                                                 ------------------------------------------------  values (ppm)
           Location                   Site                                                       ---------------
                                                       2012            2013            2014          2012-2014
----------------------------------------------------------------------------------------------------------------
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
DeSoto, MS....................  Hernando........           0.075           0.065           0.067           0.069
----------------------------------------------------------------------------------------------------------------

    The 3-year design value for 2012-2014 for the Memphis, TN-MS-AR 
Area is 0.073 ppm,\10\ which meets the NAAQS. EPA has reviewed 2015 
preliminary monitoring data for the Area and the preliminary data does 
not indicate a violation of the NAAQS.\11\ In today's action, EPA is 
proposing to determine that the Memphis, TN-MS-AR Area has attained the 
2008 8-hour ozone NAAQS. EPA will not take final action to approve the 
redesignation if the 3-year design value exceeds the NAAQS prior to EPA 
finalizing the redesignation. As discussed in more detail below, 
Tennessee has committed to continue monitoring in this Area in 
accordance with 40 CFR part 58.
---------------------------------------------------------------------------

    \10\ The highest 3-year design value among the monitoring 
stations is the design value for the Area.
    \11\ This preliminary data is available at EPA's air data Web 
site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
---------------------------------------------------------------------------

Criteria (2)--Tennessee Has a Fully Approved SIP Under Section 110(k) 
for the Tennessee Portion of the Memphis, TN-MS-AR Area; and Criteria 
(5)--Tennessee 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 Tennessee has met all applicable SIP requirements 
for the Tennessee portion of the Area under section 110 of the CAA 
(general SIP requirements) for purposes of redesignation. Additionally, 
EPA proposes to find that Tennessee has met all 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) and 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) contingent upon approval of the 182(a)(1) 
base year emissions inventory for the 2008 8-hour ozone NAAQS for the 
Tenessee portion of the Area. 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 Tennessee 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

[[Page 22953]]

(PSD)) and provisions for the implementation of part D requirements 
(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.
    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 not 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 which 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, a marginal ozone nonattainment area, such as the Memphis, 
TN-MS-AR Area, must submit an emissions inventory that complies with 
section 172(c)(3), but the specific requirements of section 182(a) 
apply in lieu of the demonstration of attainment (and contingency 
measures) required by section 172(c). See 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. Tennessee provided an emissions inventory 
for the Tennessee portion of the Area to EPA in a January 19, 2016, SIP 
submission. Specifically, Tennessee addressed this requirement by 
submitting a 2011 base year emissions inventory for the Tennessee 
portion of the Area. EPA is proposing approval of Tennessee's 2011 base 
year emissions inventory in this action (see Section V.A. above). 
Tennessee's section 182(a)(1) inventory must be approved before EPA can 
take final action to approve the State's redesignation request for the 
Tennessee portion of the Area.
    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 Tennessee portion of the Memphis, TN-MS-AR Area is 
not subject to the section 182(a)(2) RACT ``fix up'' because the Area 
was designated as nonattainment after the enactment of the 1990 CAA 
amendments.
    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 Tennessee portion of the Memphis, TN-MS-AR Area is not 
subject to the section 182(a)(2)(B) because it was designated as 
nonattainment after the enactment of the 1990 CAA amendments and did 
not have an I/M program in place for ozone prior to those amendments.
    Regarding the permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), Tennessee currently has a fully 
approved part D NSR program in place. 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.'' Tennessee's PSD program will become 
applicable in the Memphis, TN-MS-AR Area upon redesignation to 
attainment.
    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 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. Tennessee provided a SIP revision to EPA on January 
5, 2015, addressing the section 182(a)(3)(B) emissions statements 
requirement, and on March 5, 2015, EPA published a direct final rule 
approving this SIP revision. See 80 FR 11974.
    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)

[[Page 22954]]

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 \12\ 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). Nonetheless, Tennessee has an approved conformity 
SIP for the Tennessee portion of the Memphis, TN-MS-AR Area. See 78 FR 
29027 (May 17, 2013). Thus, EPA proposes that the Tennessee 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 contingent upon approval of the 182(a)(1) base year 
emissions inventory.
---------------------------------------------------------------------------

    \12\ 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.
---------------------------------------------------------------------------

b. The Tennessee 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 Tennessee SIP for the 
Memphis, TN-MS-AR Area under section 110(k) of the CAA for all 
requirements applicable for purposes of redesignation except for the 
182(a)(1) base year emissions inventory. 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). Tennessee has 
adopted and submitted, and EPA has fully approved at various times, 
provisions addressing various SIP elements applicable for the ozone 
NAAQS. See 78 FR 14450 (March 6, 2013).
    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. With the exception of the emissions 
inventory requirement, which is addressed in this action, EPA has 
approved all part D requirements applicable for purposes of this 
redesignation. As noted above, EPA has approved Tennessee's emissions 
statements SIP revisions under CAA section 182(a)(3)(B). See 80 FR 
11974 (March 5, 2015).
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 
Tennessee 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 are not the 
result of weather conditions.\13\ 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.
---------------------------------------------------------------------------

    \13\ Tennessee compared ozone data on days with the highest 8-
hour ozone maxima in 2005 and 2006 to ozone data on days of 
comparative weather conditions in 2012-2014. The weather parameters 
used in the comparison were maximum temperature, dew point 
depression, relative humidity, cloud cover, wind direction and wind 
speed. The ozone levels in 2005-2006 were considerably higher than 
the ozone levels during similar weather conditions in 2012-2014 
indicating that emission reductions between 2006 and 2014 are the 
reason for the reduction in ozone levels. Details of the analysis 
are found in Attachment I to Tennessee's January 19, 2016, SIP 
submittal.
---------------------------------------------------------------------------

    Federal measures enacted in recent years have resulted in permanent 
emission reductions. 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. EPA expects that these standards will reduce 
NOX emissions from vehicles by approximately 74 percent by 
2030, translating to nearly 3 million tons annually by 
2030.14 15
---------------------------------------------------------------------------

    \14\ EPA, Regulatory Announcement, EPA420-F-99-051 (December 
1999), available at: http://www.epa.gov/tier2/documents/f99051.pdf.
    \15\ The Memphis Area MPO estimates for Shelby County alone 
emission reductions of 2.05 tons per day (tpd) for NOX (a 
4.7 percent reduction) and 0.54 tpd for VOCs (3 percent reduction) 
from 2009 to 2012. TDEC notes that this occurred when the vehicle 
miles traveled (VMT) increased by 9.3 percent.
---------------------------------------------------------------------------

    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.\16\
---------------------------------------------------------------------------

    \16\ 66 FR 5002, 5012 (January 18, 2001).
---------------------------------------------------------------------------

    Large non-road diesel engines rule. This rule was promulgated in 
2004 and was phased in between 2008 through 2014. This rule reduces the 
sulfur content in the nonroad diesel fuel and reduces NOX, 
VOC, particulate matter, and carbon monoxide emissions. These emission 
reductions are federally enforceable. EPA issued this rule in June 
2004, which applies to diesel 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.
    Nonroad spark-ignition engines and recreational engines standards. 
The nonroad spark-ignition and recreational engine standards, effective 
in July 2003, regulate NOX, hydrocarbons, and carbon 
monoxide from groups of previously unregulated nonroad engines. 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

[[Page 22955]]

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) and 2017-
2025 (phase 2). 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.
    EPA proposes to find that the improvements in air quality in the 
Memphis, TN-MS-AR Area are due to real, permanent and enforceable 
reductions in NOX and VOC emissions resulting from the 
federal measures discussed above.
Criteria (4)--The Tennessee 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 
Tennessee portion of the Memphis, TN-MS-AR Area to attainment for the 
2008 8-hour ozone NAAQS, TDEC 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 has made 
the preliminary determination 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 which 
demonstrates that attainment will continue to be maintained for the 
remainder of the 20-year period following the initial 10-year period. 
To address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures as EPA deems 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 has 
preliminarily determined that Tennessee's maintenance plan includes all 
the necessary components and is thus proposing to approve it as a 
revision to the Tennessee SIP.
b. Attainment Emissions Inventory
    As discussed above, 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. Tennessee 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. Tennessee 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 State 
projected summer day emission inventories 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), Tennessee 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. Complete descriptions 
of how the State developed these inventories are located in Attachment 
I of the January 19, 2016, SIP submittal.
    Point source emissions are tabulated from data collected by direct 
on-site measurements of emissions or from mass balance calculations 
utilizing approved emission factors. The 2012 base year inventory 
contains point source emissions data for facilities located within 
Shelby County. Each facility was required to update the data through 
the EIQ with information for the requested year and return the updated 
data to Shelby County Health Department. The point source emissions 
inventory for Shelby County is located in the docket for today's 
action. For each projected year's inventory for 2017, 2020, and 2027, 
the State projected point source emissions using growth factors 
developed from the United States Department of Energy's 2014 Annual 
Energy Outlook (AEO) projections and the University of Tennessee, Data 
Center 2014 Econometric Model Forecast. A conservative value of 1 was 
substituted for all negative growth factors. Growth factors used for 
this analysis include fuel consumption, employment, and population 
changes.
    Emissions for area sources were estimated by multiplying an 
emission factor by such indicators of collective emissions activity as 
production, number of employees, or population. These emissions were 
estimated at the county level. Tennessee used a similar method to that 
used to develop the 2011 emissions inventory. For each projected year's 
inventory, emission factors are used to determine area source 
emissions. Tennessee developed its inventory according to the current 
EPA emissions inventory guidance for area sources.\17\
---------------------------------------------------------------------------

    \17\ This guidance includes: Procedures for the Preparation of 
Emission Inventories of Carbon Monoxide and Precursors of Ozone, 
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory 
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources 
(Revised January 2001, updated April 2001).
---------------------------------------------------------------------------

    Tennessee developed its 2012 on-road emissions inventory using 
EPA's MOVES2014 model with input data from the MPO.\18\ County level 
on-road modeling was conducted using county-specific vehicle population 
and other local data. Tennessee developed its inventory according to 
the current EPA emissions inventory guidance for on-road mobile sources 
using MOVES2014. The MOVES2014 model includes the VMT as an input file 
and can directly output the estimated emissions. For each projected 
year's inventory,

[[Page 22956]]

Tennessee calculated the on-road mobile sources emissions by running 
the MOVES mobile model for the future year with the projected VMT to 
generate emissions that take into consideration expected federal 
tailpipe standards, fleet turnover, and new fuels.
---------------------------------------------------------------------------

    \18\ Tennessee used MOVES2014 technical guidance: Using MOVES to 
Prepare Emission Inventories in State Implementation Plans and 
Transportation Conformity, EPA-420-b-15-007 (January 2015).
---------------------------------------------------------------------------

    Non-road mobile sources include non-road equipment, airport, 
commercial marine vessels, and locomotives. The majority of the non-
road mobile emissions in the U.S. are from the non-road equipment 
segment (i.e., agricultural equipment, construction equipment, lawn and 
garden equipment, and recreational vehicles, such as boats and jet-
skis). Tennessee calculated emissions for most of the non-road mobile 
sources using EPA's NONROAD2008a model within EPA's MOVES2014 model and 
developed its non-road mobile source inventory according to the current 
EPA emissions inventory guidance for non-road mobile sources.\19\
---------------------------------------------------------------------------

    \19\ This guidance includes: Procedures for Emission Inventory 
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (December 
1992).
---------------------------------------------------------------------------

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 VI below).
    (iv) Provides actual (2012) and projected emissions inventories, in 
tons per summer day (tpsd), for the Tennessee portion of the Memphis, 
TN-MS-AR Area, as shown in Tables 3 and 4, below.

 Table 3--Actual and Projected Average Summer Day NOX Emissions (tpd) for the Tennessee Portion of the Memphis,
                                                  TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................           13.87           13.45            8.34            8.43
Area............................................            4.11            4.18            4.24            4.33
Non-road........................................           35.93           32.09           30.57           29.77
On-road.........................................           61.56           31.30           22.42           12.51
                                                 ---------------------------------------------------------------
    Total.......................................          115.47           81.01           65.56           55.05
----------------------------------------------------------------------------------------------------------------


 Table 4--Actual and Projected Average Summer Day VOC Emissions (tpd) for the Tennessee Portion of the Memphis,
                                                  TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            9.30            6.64            6.22            6.24
Area............................................           44.04           45.33           45.53           46.30
Non-road........................................           28.44           21.32           19.76           19.33
On-road.........................................           19.01           11.22            8.75            5.81
                                                 ---------------------------------------------------------------
    Total.......................................          100.79           84.51           80.26           77.69
----------------------------------------------------------------------------------------------------------------

    Tables 3 and 4 summarize the 2012 and future projected emissions of 
NOX and VOC from the Tennessee portion of the Memphis, TN-
MS-AR Area. 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 related 
ambient air quality standard should not be exceeded in the future. 
Tennessee has projected emissions as described previously and 
determined that emissions in the Tennessee 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. Tennessee selected 2012 as the attainment emissions 
inventory year for the Tennessee portion of the Memphis, TN-MS-AR Area. 
Tennessee calculated safety margins in its submittal for 2027. The 
State has allocated a portion of the 2027 safety margin to the 2027 
MVEBs for the Memphis, TN-MS-AR Area.

Table 5--Safety Margins for the Tennessee Portion of the Memphis, TN-MS-
                                 AR Area
------------------------------------------------------------------------
                     Year                        VOC  (tpd)   NOX  (tpd)
------------------------------------------------------------------------
2027..........................................       23.10        60.42
------------------------------------------------------------------------

    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. Tennessee has allocated 49.04 tpd 
of the NOX safety margin to the 2027 NOX MVEB and 
13.19 tpd of the VOC safety margin to the 2027 VOC MVEB. After 
allocation of the available safety margin, the remaining safety margin 
is 11.38 tpd for

[[Page 22957]]

NOX and 9.91 tpd for VOC. This allocation and the resulting 
available safety margin for the Tennessee 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 five monitors measuring ozone in the Memphis, 
TN-MS-AR Area, of which three are in the Tennessee portion of the 
Memphis, TN-MS-AR Area. Tennessee has committed to continue operation 
of the monitors in the Tennessee portion of the Memphis, TN-MS-AR Area 
in compliance with 40 CFR part 58 and has thus addressed the 
requirement for monitoring. Arkansas and Mississippi have made similar 
commitments in their maintenance plans. EPA approved Tennessee's 
monitoring plan on October 26, 2015. EPA approved Arkansas' monitoring 
plan on November 16, 2015, and approved Mississippi's monitoring plan 
on October 6, 2015.
e. Verification of Continued Attainment
    TDEC has the legal authority to enforce and implement the 
maintenance plan for the Tennessee 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.
    Additionally, under the AERR, TDEC 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. Tennessee will update the AERR inventory every three 
years beginning no later than the 2015 emission season and will use the 
updated emissions inventory to track progress of the maintenance plan.
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 January 19, 2016, submittal, Tennesee commits to continuing 
existing programs and commits to implement programs and measures 
depending upon emission inventory and air quality monitoring results. 
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 is activated when emissions or ambient air 
monitoring data indicates possible future ozone levels violating the 
2008 8-hour ozone NAAQS but an actual violation of the 2008 8-hour 
ozone NAAQS has not yet occurred. This will occur if the certified 
triennial emissions inventory of VOCs or NOX (summer season 
tons per day) exceeds the 2012 base year attainment inventory by ten 
percent or more and any area monitor has recorded at least one 
exceedance of the ozone NAAQS according to certified data during the 
most recent monitoring season. The Shelby County Health Department will 
then conduct an investigation lasting no longer than three months into 
the possible causes. The results will be reported to EPA and TDEC. If 
the data is valid and not due to unusual circumstances, the Shelby 
County Health Department will seek to expand voluntary programs \20\ 
and develop regulations as appropriate following consultation with EPA 
and TDEC. Proof of regulation adoption will be sent to EPA within nine 
months and implementation of regulations will occur within 18 to 24 
months after monitoring data is certified. Possible contingency 
measures include, but are not limited to:
---------------------------------------------------------------------------

    \20\ If the State adopts a voluntary emission reduction measure 
as a contingency measure necessary to attain or maintain the NAAQS, 
EPA will evaluate approvability in accordance with relevant Agency 
guidance regarding the incorporation of voluntary measures into 
SIPs. See, e.g., Memorandum from Richard D. Wilson, Acting 
Administrator for Air and Radiation, to EPA Regional Administrators 
re: Guidance on Incorporating Voluntary Mobile Source Emission 
Reduction Programs in State Implementation Plans (SIPs) (October 24, 
1997); EPA, Office of Air and Radiation, Incorporating Emerging and 
Voluntary Measures in a State Implementation Plan (SIP) (September 
2004).
---------------------------------------------------------------------------

    [cir] Programs or incentives to decrease motor vehicle use;
    [cir] Programs to require additional emissions reductions on 
stationary sources;
    [cir] Restrictions of certain roads or lanes for, or construction 
of such roads or lanes for use by, passenger buses or high-occupancy 
vehicles;
    [cir] Employer-based transportation incentive plans; and
    [cir] Additional programs for new construction of paths for use by 
pedestrian or non-motorized vehicles when economically feasible and in 
the public interest.
    The secondary trigger is 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 when a monitored violation of the 2008 ozone NAAQS occurs 
in the nonattainment area according to certified data during the most 
recent monitoring season. The Shelby County Health Department will then 
conduct an investigation lasting no longer than three months into the 
possible causes. The results will be reported to TDEC and EPA. If the 
data is valid, further action is required, and the Shelby County Health 
Department will seek to expand voluntary programs and develop 
regulations for submission to the Shelby County Commission or Tennessee 
State Air Board. Proof of adoption of such regulations will be 
submitted to EPA within nine months after the end of the investigation. 
Control measures will be implemented within 18 to 24 months after 
verification of a monitored violation by certified data. In addition to 
the measures stated for the primary trigger, the following measures may 
also be implemented if there is a secondary trigger of a violation of 
the standard:
    [cir] A RACT regulation for legacy major sources of NOX 
emissions in Shelby County; and
    [cir] Adoption of all industrial and commercial VOC controls as 
provided in final EPA-approved Control Technology Guidelines through 
the date of the recorded violation.
    EPA preliminarily concludes 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 to find that the maintenance plan SIP revision 
submitted by Tennessee for the State's portion of the Area meets the 
requirements of section 175A of the CAA and is approvable.

[[Page 22958]]

VI. What is EPA's analysis of Tennessee's proposed NOX and 
VOC MVEBs for the Tennessee 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 nonattainment areas. 
These control strategy SIPs (including RFP and attainment demonstration 
requirements) and maintenance plans create 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.
    After interagency consultation with the transportation partners for 
the Memphis TN-MS-AR Area, Tennessee has developed MVEBs for 
NOX and VOC for the Tennessee portion of the Area. Tennessee 
developed these MVEBs, as required, for the last year of its 
maintenance plan, 2027. The 2027 MVEBs reflect the total projected on-
road emissions for 2027, plus an allocation from the available 
NOX and VOC safety margins. Under 40 CFR 93.101, the term 
``safety margin'' is the difference between the attainment level (from 
all sources) and the projected level of emissions (from all sources) in 
the maintenance plan. The safety margin can be allocated to the 
transportation sector; however, the total emissions must remain below 
the attainment level. The NOX and VOC MVEBs and allocation 
from the safety margin were developed in consultation with the 
transportation partners and were added to account for uncertainties in 
population growth, changes in model vehicle miles traveled, and new 
emission factor models. The NOX and VOC MVEBs for the 
Tennessee portion of the Area are identified in Table 6, below.

     Table 6--Tennessee Portion of the Area NOX and VOC MVEBs (tpd)*
------------------------------------------------------------------------
                                                                  2027
------------------------------------------------------------------------
NOX Base Emissions...........................................      12.51
NOX Safety Margin Allocated to MVEB..........................      49.04
NOX MVEB.....................................................      61.56
VOC Base Emissions...........................................       5.81
VOC Safety Margin Allocated to MVEB..........................      13.19
VOC MVEB.....................................................      19.01
------------------------------------------------------------------------
* The MVEBs do not total the sum of the base emissions and safety
  margins due to rounding convention.

    As mentioned above, Tennessee has chosen to allocate a portion of 
the available safety margin to the NOX and VOC MVEBs for the 
Tennessee portion of the Area. This allocation is 49.04 tpd and 13.19 
tpd for NOX and VOC, respectively. Thus, the remaining 
safety margins for 2027 are 11.38 tpd and 9.91 tpd NOX and 
VOC, respectively.
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and VOC for 2027 for the Tennessee Portion of the Area 
because EPA has preliminarily determined that the Area maintains the 
2008 8-hour ozone NAAQS with the emissions at the levels of the 
budgets. Once the MVEBs for the Tennessee Portion of the 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 Tennessee 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. 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, Tennessee's maintenance plan includes 
NOX and VOC MVEBs for the Tennessee portion of the Memphis 
TN-MS-AR Area for 2027, the last year of the maintenance plan. EPA 
reviewed the NOX and VOC MVEBs through the adequacy process. 
The NOX and VOC MVEBs for the Tennessee portion of the area 
were open for public comment on EPA's adequacy Web site on January 27, 
2016, found at: http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm#shelby-cnty. The EPA public comment period on adequacy for 
the 2027 MVEBs for the Tennessee portion of the Area closed on February

[[Page 22959]]

26, 2016, and no comments, adverse or otherwise, were received.
    EPA intends to make its determination on the adequacy of the 2027 
MVEBs for the Tennessee portion of the Area for transportation 
conformity purposes in the near future by completing the adequacy 
process that was started on January 27, 2016. After EPA finds the 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 for 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 action on the issues being proposed for approval today. Approval 
of Tennessee's redesignation request would change the legal designation 
of Shelby County, Tennessee, in the Memphis TN-MS-AR Area, found at 40 
CFR part 81, from nonattainment to attainment for the 2008 8-hour ozone 
NAAQS. Approval of Tennessee's associated SIP revision would also 
incorporate a plan for maintaining the 2008 8-hour ozone NAAQS in the 
Tennessee portion of the Area through 2027 and a section 182(a)(1) base 
year emissions inventory into the Tennessee SIP for the Area. The 
maintenance plan establishes NOX and VOC MVEBs for 2027 for 
the Tennessee portion of the Area and includes contingency measures to 
remedy any future violations of the 2008 8-hour ozone NAAQS and 
procedures for evaluation of potential violations. Additionally, EPA is 
notifying the public of the status of EPA's adequacy determination for 
the newly-established NOX and VOC MVEBs for 2027 for the 
Tennessee portion of the Area.

IX. Proposed Actions

    EPA is proposing to take four separate but related actions 
regarding the redesignation request and associated SIP revision for the 
Tennessee portion of the Memphis TN-MS-AR Area for the 2008 8-hour 
ozone NAAQS. First, EPA is proposing to approve Tennessee's section 
182(a)(1) base year emissions inventory for the 2008 8-hour ozone 
standard for the Tennessee portion of the Area into the SIP.
    Second, EPA is proposing to determine that the Memphis, TN-MS-AR 
Area has attained the 2008 8-hour ozone NAAQS based on complete, 
quality-assured and certified monitoring data for the 2012-2014 
monitoring period. Preliminary 2015 data in AQS indicates that the Area 
is continuing to attain the 2008 8-hour ozone NAAQS.
    Third, EPA is proposing to approve the maintenance plan for the 
Tennessee portion of the Area, including the NOX and VOC 
MVEBs for 2027, into the Tennessee SIP (under CAA section 175A). The 
maintenance plan demonstrates that the Area will continue to maintain 
the 2008 8-hour ozone NAAQS.
    Finally, EPA is proposing to approve Tennessee's redesignation 
request for the 2008 8-hour ozone NAAQS for the Tennessee portion of 
the Area contingent upon approval of the 182(a)(1) base year emissions 
inventory for the Tennessee portion of the Area.
    As part of today's action, EPA is also describing the status of its 
adequacy determination for the NOX and VOC MVEBs for 2027 in 
accordance with 40 CFR 93.118(f)(1). Within 24 months from the 
effective date of EPA's adequacy determination for the MVEBs or the 
effective 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).
    If finalized, approval of the redesignation request would change 
the official designation of Shelby County, Tennessee in the Tennessee 
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.

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
     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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

[[Page 22960]]

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: April 8, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-08796 Filed 4-18-16; 8:45 am]
 BILLING CODE 6560-50-P