Approval and Promulgation of Implementation Plans; Arkansas; Crittenden County Base Year Emission Inventory, 1884-1887 [2016-00559]
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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
IV. Statutory and Executive Order
Reviews
Thus, Executive Order 13175 does not
apply to this action.
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
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F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
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The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Dated: December 24, 2015.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
§ 52.1470
[Amended]
2. In § 52.1470 in paragraph (c), Table
3 is amended by removing the entries
for ‘‘Section 29,’’ ‘‘Section 30:
Subsections 30.1–30.7 (excluding
subsection 30.4),’’ ‘‘Section 30
(Incinerators): Subsection 30.4,’’ and
‘‘Section 30 (Incinerators): Subsection
30.8.’’
■
[FR Doc. 2016–00340 Filed 1–13–16; 8:45 am]
BILLING CODE 6560–50–P
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
ENVIRONMENTAL PROTECTION
AGENCY
K. Congressional Review Act (CRA)
40 CFR Part 52
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
[EPA–R06–OAR–2015–0647; FRL–9941–21–
Region 6]
L. Petitions for Judicial Review
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 March 14, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
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Approval and Promulgation of
Implementation Plans; Arkansas;
Crittenden County Base Year Emission
Inventory
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Arkansas State Implementation Plan
(SIP) submitted to meet the Clean Air
Act (CAA) emissions inventory (EI)
requirement for the Crittenden County
ozone nonattainment area. EPA is
approving the SIP revision because it
SUMMARY:
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Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations
satisfies the CAA EI requirement for
Crittenden County under the 2008 8hour ozone National Ambient Air
Quality Standards (NAAQS). The
inventory includes emissions data for
Nitrogen Oxides (NOX) and Volatile
Organic Compounds (VOCs). EPA is
approving the revisions pursuant to
section 110 and part D of the CAA and
EPA’s regulations.
This rule is effective on March
14, 2016 without further notice, unless
the EPA receives relevant adverse
comment by March 14, 2016. If the EPA
receives such comment, the EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
DATES:
Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0647, at https://
www.regulations.gov or via email to
Schwartz.Colin@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. Colin Schwartz, 214–665–
7262, Schwartz.Colin@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mr.
Colin Schwartz, 214–665–7262,
Schwartz.Colin@epa.gov. To inspect the
hard copy materials, please schedule an
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appointment with Mr. Schwartz or Mr.
Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
A. The 2008 Ozone NAAQS and
Emissions Inventory Requirement
On March 12, 2008, the EPA revised
the eight-hour ozone NAAQS from 0.08
parts per million (ppm) to 0.075 ppm.
(73 FR 16436, March 27, 2008). The EPA
designated Crittenden County as a
nonattainment area for the 2008 ozone
NAAQS (77 FR 30088, May 21, 2012).1
CAA sections 172(c)(3) and 182(a)(1)
require states to develop and submit as
a SIP revision an emissions inventory
for all areas designated as
nonattainment for the ozone NAAQS. 42
U.S.C. 172(c) and 182(a). An emissions
inventory is an estimation of actual
emissions of air pollutants in an area.
Ground-level ozone, O3, is a gas that is
formed by the reaction of VOCs and
NOX in the atmosphere in the presence
of sunlight. These precursor emissions
are emitted by many types of pollution
sources, including power plants and
industrial emissions sources, on-road
and non-road motor vehicles and
engines, and smaller sources,
collectively referred to as area sources.
The EIs provide data for a variety of air
quality planning tasks including
establishing baseline emission levels,
calculating federally required emission
reduction targets, emission inputs into
air quality simulation models, and
tracking emissions over time. The total
EI of VOC and NOX for an area are
summarized from the estimates
developed for four general categories of
emissions sources: Point, area, mobile,
and biogenic. The EPA’s 2008 ozone
standard SIP requirements rule
recommends that states use 2011 as a
base year to address EI requirements (80
FR 12264, 34190, March 6, 2015).
B. Arkansas’ Submittal
On August 28, 2015, Arkansas
submitted to the EPA the SIP revision
addressing the emissions inventory
requirement for Crittenden County
under the 2008 ozone NAAQS. The
inventory includes estimates of 2011
NOX and VOC emissions in tons per
year. The 2011 Base Year Inventory is
the starting point for calculating the
reductions necessary to meet the
1 On October 1, 2015, the EPA strengthened the
ozone standard to 0.070 ppm (80 FR 65292, October
26, 2015). The EPA has not made designations
under this new standard and the emission
inventory under evaluation in this rulemaking does
not address that standard.
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requirements of the CAA. Sections 172
(c)(3) and 182(b)(1) of the CAA require
that nonattainment plan provisions
include an inventory of actual emissions
from all sources of relevant pollutants in
the nonattainment area. The inventory
includes all area, point, non-road
mobile, and on-road mobile source
emissions in the Crittenden County
ozone nonattainment area. The
inventory also includes a description of
the methods used to estimate emissions.
A copy of the submittal is available in
the electronic docket for this action.
C. What criteria must be met for the EPA
to approve this SIP revision?
Section 182(a)(1) of the CAA requires
states with nonattainment areas to
submit a comprehensive and accurate
inventory of ozone precursor emissions
from all sources within two years of the
effective date of designation, which was
July 20, 2012. Also, Section 172(c)(3)
requires that such an inventory shall
include a comprehensive accurate,
current inventory of actual emissions
from all sources of the relevant
pollutant or pollutants in such area,
including such periodic revisions as the
Administrator may determine necessary
to assure that the requirements of this
part are met.
II. The EPA’s Evaluation
EPA reviewed the revision for
consistency with the requirements of
EPA regulations. A summary of EPA’s
analysis is provided below. For a full
discussion of our evaluation, please see
our Technical Support Document (TSD).
Sections 172(c)(3) and 182(a)(1) of the
CAA require an inventory of actual
emissions from all sources of relevant
pollutants in the nonattainment area.
The 2011 base year emission inventory
data include all point, area, and nonroad and on-road mobile sources in
Crittenden County. Point source
emissions were entered through the
State and Local Emissions Inventory
System (SLEIS) and area sources were
developed in accordance with the
federal Air Emissions Reporting
Requirements (AERR) rule. Non-road
mobile sources utilized the National
Mobile Inventory Model (NMIM) while
the on-road sources used the Motor
Vehicle Emissions Simulator
(MOVES2010b). The EPA has
determined that the inventory was
developed in accordance with CAA
guidelines and that the revised 2011
base year emission inventory is
approvable. The submittal meets the
goal of reaching attainment by reducing
O3 forming precursors. Table 1 lists the
emissions inventory for the Crittenden
County area. For more detail on how the
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emissions inventories were estimated
and evaluated, see the TSD.
TABLE 1—BASE YEAR EMISSIONS INVENTORY, 2011 DATA
Category
Ozone season
daily NOX
Annual NOX
Ozone season
daily VOC
Annual VOC
Ozone season
daily CO
Annual CO
Units
Tons/day
Tons/year
Tons/day
Tons/year
Tons/day
Tons/year
Point .........................................................
Area ..........................................................
Non-road Mobile ......................................
On-road Mobile ........................................
0.0017
8.70
2.11
6.80
.063
3,165.17
582.63
2,542
.051
24.90
3.66
2.42
186.84
8,868.94
881.35
845
0.004
20.32
13.78
23.13
1.58
7,375.56
3,476.63
9,051
Total ..................................................
17.61
6,290.43
31.49
10,782.13
57.234
19,904.77
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III. Final Action
We are approving revisions to the
Arkansas SIP that pertain to the 2008
ozone SIP emissions inventory for
Crittenden County, as are listed in Table
1.
The EPA is publishing this rule
without prior proposal because we view
this as a non-controversial amendment
and anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on March 14, 2016 without
further notice unless we receive relevant
adverse comment by February 16, 2016.
If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
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 CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
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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, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
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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. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 14, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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).)
Samuel Coleman was designated the
Acting Regional Administrator on
December 30, 2015 through the order of
succession outlined in Regional Order
R6–1110.1, a copy of which is included
in the docket for this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
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reference, Ozone, Reporting and
recordkeeping requirements, Volatile
Organic Compounds.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: December 30, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
■
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
40 CFR part 52 is amended as follows:
Provisions and Quasi-Regulatory
Measures’’ is amended by adding an
entry for ‘‘Crittenden County Base Year
Emission Inventory for the 2008 Ozone
Standard’’ to the end of the table.
The addition reads as follows:
§ 52.170
Subpart E—Arkansas
*
2. In § 52.170(e), the third table titled
‘‘EPA-Approved Nonregulatory
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Applicable geographic or
nonattainment area
Name of SIP provision
State
submittal/
effective
date
*
*
*
*
Crittenden County Base Year Emission Inventory Crittenden County ..........
for the 2008 Ozone Standard.
[FR Doc. 2016–00559 Filed 1–13–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0587; FRL 9941–01–
Region 7]
Approval of Missouri’s Air Quality
Implementation Plans; Early Progress
Plan of the St. Louis Nonattainment
Area for the 2008 Ozone National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
Implementation Plan (SIP) submitted by
the State of Missouri consisting of the
Early Progress Plan and motor vehicle
emissions budgets (MVEBs) for volatile
organic compounds (VOCs) and oxides
of nitrogen (NOX) for the St. Louis
Nonattainment area under the 2008
8-hour National Ambient Air Quality
Standard (NAAQS). On August 26,
2013, EPA received from the Missouri
Department of Natural Resources
(MDNR) an Early Progress Plan for the
St. Louis area showing progress toward
attainment under the 2008 Ozone
NAAQS. This submittal was developed
to establish MVEBs for the St. Louis
8-hour ozone nonattainment area. This
approval of the Early Progress Plan for
the St. Louis 8-hour ozone
nonattainment area fulfills EPA’s
requirement to act on the MDNR SIP
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SUMMARY:
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*
*
8/28/2015 1/13/2016 [Insert Federal Register citation].
submission and to formalize that the
MVEB is approved, and when
considered with the emissions from all
sources, demonstrates progress toward
attainment from the 2008 base year
through a 2015 target year. EPA found
these MVEBs adequate for
transportation conformity purposes in
an earlier action on March 5, 2014.
This direct final rule will be
effective March 14, 2016, without
further notice, unless EPA receives
adverse comment by February 16, 2016.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0587, to https://
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
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,
ADDRESSES:
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EPA approval date
Explanation
*
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Steven Brown, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7718 or by email at
brown.steven@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is the background for this action?
II. What are the criteria for early progress
plans?
III. What is EPA’s analysis of the request?
IV. What are the MVEB’s for the St. Louis
8-hour ozone area?
V. What action is EPA taking?
I. What is the background for this
action?
EPA’s final rule designating
nonattainment areas and associated
classifications for the 2008 ozone
National Ambient Air Quality Standards
(NAAQS) was published in the Federal
Register on May 21, 2012 (77 FR 30088).
The St. Louis area was designated as
marginal nonattainment. The St. Louis
ozone area had previously been
designated nonattainment for the 1-hour
ozone standard and had 1-hour motor
vehicle emissions budgets (MVEBs) for
NOX and VOC established in the St.
Louis 1-hour maintenance plan SIP (66
FR 33996). The 1-hour MVEBs were the
only approved MVEBs for St. Louis and
were based on EPA’s MOBILE6.2
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]]>Agencies
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1884-1887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00559]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0647; FRL-9941-21-Region 6]
Approval and Promulgation of Implementation Plans; Arkansas;
Crittenden County Base Year Emission Inventory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Arkansas State Implementation Plan (SIP) submitted to
meet the Clean Air Act (CAA) emissions inventory (EI) requirement for
the Crittenden County ozone nonattainment area. EPA is approving the
SIP revision because it
[[Page 1885]]
satisfies the CAA EI requirement for Crittenden County under the 2008
8-hour ozone National Ambient Air Quality Standards (NAAQS). The
inventory includes emissions data for Nitrogen Oxides (NOX)
and Volatile Organic Compounds (VOCs). EPA is approving the revisions
pursuant to section 110 and part D of the CAA and EPA's regulations.
DATES: This rule is effective on March 14, 2016 without further notice,
unless the EPA receives relevant adverse comment by March 14, 2016. If
the EPA receives such comment, the EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0647, at https://www.regulations.gov or via email to
Schwartz.Colin@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. Colin Schwartz, 214-
665-7262, Schwartz.Colin@epa.gov. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr. Colin Schwartz, 214-665-7262,
Schwartz.Colin@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. Schwartz or Mr. Bill Deese at 214-665-
7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
A. The 2008 Ozone NAAQS and Emissions Inventory Requirement
On March 12, 2008, the EPA revised the eight-hour ozone NAAQS from
0.08 parts per million (ppm) to 0.075 ppm. (73 FR 16436, March 27,
2008). The EPA designated Crittenden County as a nonattainment area for
the 2008 ozone NAAQS (77 FR 30088, May 21, 2012).\1\
---------------------------------------------------------------------------
\1\ On October 1, 2015, the EPA strengthened the ozone standard
to 0.070 ppm (80 FR 65292, October 26, 2015). The EPA has not made
designations under this new standard and the emission inventory
under evaluation in this rulemaking does not address that standard.
---------------------------------------------------------------------------
CAA sections 172(c)(3) and 182(a)(1) require states to develop and
submit as a SIP revision an emissions inventory for all areas
designated as nonattainment for the ozone NAAQS. 42 U.S.C. 172(c) and
182(a). An emissions inventory is an estimation of actual emissions of
air pollutants in an area. Ground-level ozone, O3, is a gas
that is formed by the reaction of VOCs and NOX in the
atmosphere in the presence of sunlight. These precursor emissions are
emitted by many types of pollution sources, including power plants and
industrial emissions sources, on-road and non-road motor vehicles and
engines, and smaller sources, collectively referred to as area sources.
The EIs provide data for a variety of air quality planning tasks
including establishing baseline emission levels, calculating federally
required emission reduction targets, emission inputs into air quality
simulation models, and tracking emissions over time. The total EI of
VOC and NOX for an area are summarized from the estimates
developed for four general categories of emissions sources: Point,
area, mobile, and biogenic. The EPA's 2008 ozone standard SIP
requirements rule recommends that states use 2011 as a base year to
address EI requirements (80 FR 12264, 34190, March 6, 2015).
B. Arkansas' Submittal
On August 28, 2015, Arkansas submitted to the EPA the SIP revision
addressing the emissions inventory requirement for Crittenden County
under the 2008 ozone NAAQS. The inventory includes estimates of 2011
NOX and VOC emissions in tons per year. The 2011 Base Year
Inventory is the starting point for calculating the reductions
necessary to meet the requirements of the CAA. Sections 172 (c)(3) and
182(b)(1) of the CAA require that nonattainment plan provisions include
an inventory of actual emissions from all sources of relevant
pollutants in the nonattainment area. The inventory includes all area,
point, non-road mobile, and on-road mobile source emissions in the
Crittenden County ozone nonattainment area. The inventory also includes
a description of the methods used to estimate emissions. A copy of the
submittal is available in the electronic docket for this action.
C. What criteria must be met for the EPA to approve this SIP revision?
Section 182(a)(1) of the CAA requires states with nonattainment
areas to submit a comprehensive and accurate inventory of ozone
precursor emissions from all sources within two years of the effective
date of designation, which was July 20, 2012. Also, Section 172(c)(3)
requires that such an inventory shall include a comprehensive accurate,
current inventory of actual emissions from all sources of the relevant
pollutant or pollutants in such area, including such periodic revisions
as the Administrator may determine necessary to assure that the
requirements of this part are met.
II. The EPA's Evaluation
EPA reviewed the revision for consistency with the requirements of
EPA regulations. A summary of EPA's analysis is provided below. For a
full discussion of our evaluation, please see our Technical Support
Document (TSD).
Sections 172(c)(3) and 182(a)(1) of the CAA require an inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. The 2011 base year emission inventory data include
all point, area, and non-road and on-road mobile sources in Crittenden
County. Point source emissions were entered through the State and Local
Emissions Inventory System (SLEIS) and area sources were developed in
accordance with the federal Air Emissions Reporting Requirements (AERR)
rule. Non-road mobile sources utilized the National Mobile Inventory
Model (NMIM) while the on-road sources used the Motor Vehicle Emissions
Simulator (MOVES2010b). The EPA has determined that the inventory was
developed in accordance with CAA guidelines and that the revised 2011
base year emission inventory is approvable. The submittal meets the
goal of reaching attainment by reducing O3 forming
precursors. Table 1 lists the emissions inventory for the Crittenden
County area. For more detail on how the
[[Page 1886]]
emissions inventories were estimated and evaluated, see the TSD.
Table 1--Base Year Emissions Inventory, 2011 Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ozone season Ozone season Ozone season
Category daily NOX Annual NOX daily VOC Annual VOC daily CO Annual CO
Units Tons/day Tons/year Tons/day Tons/year Tons/day Tons/year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 0.0017 .063 .051 186.84 0.004 1.58
Area.................................................... 8.70 3,165.17 24.90 8,868.94 20.32 7,375.56
Non-road Mobile......................................... 2.11 582.63 3.66 881.35 13.78 3,476.63
On-road Mobile.......................................... 6.80 2,542 2.42 845 23.13 9,051
-----------------------------------------------------------------------------------------------
Total............................................... 17.61 6,290.43 31.49 10,782.13 57.234 19,904.77
--------------------------------------------------------------------------------------------------------------------------------------------------------
III. Final Action
We are approving revisions to the Arkansas SIP that pertain to the
2008 ozone SIP emissions inventory for Crittenden County, as are listed
in Table 1.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on March 14, 2016
without further notice unless we receive relevant adverse comment by
February 16, 2016. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications 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. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 14, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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).)
Samuel Coleman was designated the Acting Regional Administrator on
December 30, 2015 through the order of succession outlined in Regional
Order R6-1110.1, a copy of which is included in the docket for this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
[[Page 1887]]
reference, Ozone, Reporting and recordkeeping requirements, Volatile
Organic Compounds.
Dated: December 30, 2015.
Samuel Coleman,
Acting 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'' is amended by
adding an entry for ``Crittenden County Base Year Emission Inventory
for the 2008 Ozone Standard'' to the end of the table.
The addition reads as follows:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
geographic or submittal/
Name of SIP provision nonattainment effective EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Crittenden County Base Year Crittenden County 8/28/2015 1/13/2016 [Insert ............................
Emission Inventory for the Federal Register
2008 Ozone Standard. citation].
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[FR Doc. 2016-00559 Filed 1-13-16; 8:45 am]
BILLING CODE 6560-50-P
