[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24030-24033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09451]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2015-0852; FRL-9945-40-Region 6]


Approval and Promulgation of Implementation Plans; AR; 
Redesignation of the Crittenden County, 2008 8-Hour Ozone Nonattainment 
Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 10, 2015, the State of Arkansas, through the 
Arkansas Department of Environment Quality (ADEQ), submitted a request 
for the Environmental Protection Agency (EPA) to redesignate the 
portion of Arkansas that is within the Memphis, Tennessee-Mississippi-
Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area 
(hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area'') 
and to approve a State Implementation Plan (SIP) revision containing a 
maintenance plan for the Area. EPA has determined that the Memphis, TN-
MS-AR Area is attaining the 2008 8-hour ozone national ambient air 
quality standards (NAAQS); is approving the State's plan for 
maintaining attainment of the 2008 8-hour ozone NAAQS in the Area,

[[Page 24031]]

including the motor vehicle emission budgets (MVEBs) for nitrogen 
oxides (NOX) and volatile organic compounds (VOC) for the 
years 2012 and 2027 for the Arkansas portion of the Area, into the SIP; 
and is redesignating the Arkansas portion of the Area to attainment for 
the 2008 8-hour ozone NAAQS. EPA is also notifying the public of the 
status of EPA's adequacy determination for the MVEBs for the Arkansas 
portion of the Memphis, TN-MS-AR Area.

DATES: This rule is effective on May 25, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0852. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
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 http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
February 10, 2016 proposal (81 FR 7046). In that document, we proposed 
to determine that the Memphis, TN-MS-AR Area is continuing to attain 
the 2008 8-hour ozone NAAQS; to approve and incorporate into the 
Arkansas SIP the State's plan for maintaining attainment of the 2008 8-
hour ozone standard in the Area, including the 2012 and 2027 MVEBs for 
NOX and VOC for Arkansas' portion of Memphis, TN-MS-AR Area; 
and to redesignate the Arkansas portion of the Area to attainment for 
the 2008 8-hour ozone NAAQS. In that notice, EPA also notified the 
public of the status of the Agency's adequacy determination for the 
NOX and VOC MVEBs for Arkansas' portion of the Memphis, TN-
MS-AR Area. No comments were received. The details of Arkansas' 
submittal and the rationale for EPA's actions are further explained in 
the February 10, 2016 proposal.

II. What are the effects of these actions?

    Approval of Arkansas' redesignation request changes the legal 
designation of Crittenden County in the Arkansas 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 Arkansas' 
associated SIP revision also incorporates a plan into the SIP for 
maintaining the 2008 8-hour ozone NAAQS in the Arkansas portion of the 
Memphis, TN-MS-AR Area through 2027. The maintenance plan establishes 
NOX and VOC MVEBs for 2012 and 2027 for the Crittenden 
County portion of the Memphis, TN-MS-AR Area and includes contingency 
measures\1\ to remedy any future violations of the 2008 8-hour ozone 
NAAQS and procedures for evaluation of potential violations. The MVEBs, 
in tons per day (tpd) for the Arkansas portion of the Memphis, TN-MS-AR 
Area along with the allocations from the safety margin, are provided in 
the table below.\2\
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    \1\ On January 20, 2016, ADEQ clarified ADEQ's commitment is to 
adopt and implement contingency measures upon a violation-triggering 
event if it is determined that the violation is caused by a source 
or sources within Crittenden County. Clarification Letter from 
Stuart Spencer to Ron Curry, January 20, 2016 (Clarification 
Letter). A copy is contained in the docket for this rulemaking.
    \2\ Arkansas has chosen to allocate a portion of the available 
safety margin to the NOX and VOC MVEBs for 2027. ADEQ has 
allocated 6.29 tpd to the 2027 NOX MVEB and 1.10 tpd to 
the 2027 VOC MVEB.

                          MVEBs for the Arkansas Portion of the Memphis, TN-MS-AR Area
                                                      [tpd]
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                                                               2012                            2027
                                                 ---------------------------------------------------------------
                                                        NOX             VOC             NOX             VOC
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On-Road Emissions...............................           13.04            2.35            5.18            0.98
Safety Margin Allocated to MVEB.................             N/A             N/A            6.29            1.10
Conformity MVEB.................................           13.04            2.35           11.47            2.08
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III. Final Actions

    EPA is taking three separate final actions regarding the Memphis, 
TN-MS-AR Area's redesignation to attainment and maintenance of the 2008 
8-hour ozone NAAQS. First, EPA is determining that the Memphis, TN-MS-
AR Area is continuing to attain the 2008 8-hour ozone NAAQS.
    Second, EPA is approving and incorporating the maintenance plan 
(including the Clarification Letter) for the Memphis, TN-MS-AR Area, 
including the NOX and VOC MVEBs for 2012 and 2027, into the 
Arkansas SIP. The maintenance plan demonstrates that the Area will 
continue to maintain the 2008 8-hour ozone NAAQS through 2027, and the 
budgets meet all of the adequacy criteria contained in 40 CFR 
93.118(e)(4) and (5).
    Third, EPA is determining that Arkansas has met the criteria under 
CAA section 107(d)(3)(E) for the Memphis, TN-MS-AR Area for 
redesignation from nonattainment to attainment for the 2008 8-hour 
ozone NAAQS. On this basis, EPA is approving Arkansas' redesignation 
request for the 2008 8-hour ozone NAAQS for the Arkansas portion of the 
Memphis, TN-MS-AR Area. As mentioned above, approval of the 
redesignation request changes the official designation of Crittenden 
County in the Arkansas 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 Arkansas 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 Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable

[[Page 24032]]

Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
this action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 24, 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: April 13, 2014.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart E--Arkansas

0
2. In Sec.  52.170(e) the third table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' is amended by adding an entry at the end of the table for ``2008 
8-hour ozone Redesignation Request, Maintenance Plan, and Clarification 
Letter for the Crittenden County portion of Memphis, TN-AR-MS 
Nonattainment Area'' to read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (e) * * *

            EPA Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date       Explanation
                                    nonattainment area  effective date
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                                                  * * * * * * *
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2008 8-hour ozone Redesignation    Crittenden County        12/10/2015  4/25/2016 [Insert    ...................
 Request, Maintenance Plan, and     portion of                           Federal Register
 Clarification Letter for the       Memphis, TN-AR-MS                    citation].
 Crittenden County portion of       Nonattainment Area.
 Memphis, TN-AR-MS Nonattainment
 Area.
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[[Page 24033]]

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.  81.304, the table entitled ``Arkansas-2008 8-Hour Ozone 
NAAQS (Primary and secondary)'' is amended by revising the heading of 
the entry for ``Memphis, TN-MS-AR Crittenden County'' to read as 
follows:


Sec.  81.304  Arkansas.

* * * * *

                            Arkansas--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\ Crittenden        4/25/2016  Attainment.........
 County.
 
                                                  * * * * * * *
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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.
\3\ Includes any Indian country in each county or area, unless otherwise specified.

* * * * *

[FR Doc. 2016-09451 Filed 4-22-16; 8:45 am]
 BILLING CODE 6560-50-P