Air Plan Approval and Designation of Areas; AR; Redesignation of the Crittenden County, 2008 8-Hour Ozone Nonattainment Area to Attainment, 7046-7055 [2016-02567]
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Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2015–0852; FRL–9942–13–
Region 6]
Air Plan Approval and Designation of
Areas; AR; Redesignation of the
Crittenden County, 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
On December 10, 2015, the
State of Arkansas, through the Arkansas
Department of Environmental Quality
(ADEQ), submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the portion of Arkansas
that is within the Memphis, TennesseeMississippi-Arkansas (Memphis, TNMS-AR) 2008 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘Memphis, TN-MS-AR Area’’ or
‘‘Area’’) and to approve a State
Implementation Plan (SIP) revision
containing a maintenance plan for the
Area. EPA is proposing to determine
that the Memphis, TN-MS-AR Area is
continuing to attain the 2008 8-hour
ozone national ambient air quality
standards (NAAQS); to approve the
State’s plan for maintaining attainment
of the 2008 8-hour ozone standard in the
Area, including the motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic
compounds (VOC) for the years 2012
and 2027 for the Arkansas portion of the
Area, into the SIP; and to redesignate
the Arkansas portion of the Area to
attainment for the 2008 8-hour ozone
NAAQS. EPA is also notifying the
public of the status of EPA’s adequacy
determination for the MVEBs for the
Arkansas portion of the Memphis, TNMS-AR Area.
DATES: Comments must be received on
or before March 11, 2016.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2015–0852, at https://
www.regulations.gov or via email to
riley.jeffrey@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.
SUMMARY:
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The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Jeffrey Riley, (214) 665–8542,
riley.jeffrey@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/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, (214) 665–8542,
riley.jeffrey@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Mr. Riley or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the actions EPA is proposing to
take?
II. What is the background for EPA’s
proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA’s analysis of the request?
VI. What is EPA’s analysis of Arkansas’
proposed NOX and VOC MVEBs for the
Arkansas portion of the area?
VII. What is the status of EPA’s adequacy
determination for the proposed NOX and
VOC MVEBs the arkansas portion of the
area?
VIII. What is the effect of EPA’s proposed
actions?
IX. Proposed Actions
X. Statutory and Executive Order Reviews
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
three separate but related actions, one of
which involves multiple elements: (1)
To determine that the Memphis, TNMS-AR Area is continuing to attain the
2008 8-hour ozone NAAQS; 1 (2) to
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
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approve Arkansas’ plan for maintaining
the 2008 8-hour ozone NAAQS
(maintenance plan), including the
associated MVEBs for the Arkansas
portion of the Memphis, TN-MS-AR
Area, into the SIP; and (3) to redesignate
the Arkansas portion of the Memphis,
TN-MS-AR Area to attainment for the
2008 8-hour ozone NAAQS. EPA is also
notifying the public of the status of
EPA’s adequacy determination for the
MVEBs for the Arkansas portion of the
Memphis, TN-MS-AR Area. The
Memphis, TN-MS-AR Area consists of a
portion of DeSoto County in
Mississippi, all of Shelby County in
Tennessee and all of Crittenden County
in Arkansas. Today’s proposed actions
are summarized below and described in
greater detail throughout this notice of
proposed rulemaking.
EPA is proposing to make the
determination that the Memphis, TNMS-AR Area is continuing to attain the
2008 8-hour ozone NAAQS based on
recent air quality data and proposing to
approve Arkansas’ maintenance plan for
its portion of the Memphis, TN-MS-AR
Area as meeting the requirements of
section 175A (such approval being one
of the Clean Air Act (CAA or Act)
criteria for redesignation to attainment
status). The maintenance plan is
designed to keep the Memphis, TN-MSAR Area in attainment of the 2008 8hour ozone NAAQS through 2027. The
maintenance plan includes 2012 and
2027 MVEBs for NOX and VOC for the
Arkansas portion of the Memphis, TNMS-AR Area for transportation
conformity purposes. EPA is proposing
to approve these MVEBs and
incorporate them into the Arkansas SIP.
EPA also proposes to determine that
the Arkansas portion of the Memphis,
TN-MS-AR Area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA.
Accordingly, in this action, EPA is
proposing to approve a request to
change the legal designation of
Crittenden County within the Arkansas
portion of the Memphis, TN-MS-AR
Area, as found at 40 CFR part 81, from
nonattainment to attainment for the
2008 8-hour ozone NAAQS.
EPA is also notifying the public of the
status of EPA’s adequacy process for the
2012 and 2027 NOX and VOC MVEBs
for the Arkansas portion of the
Memphis, TN-MS-AR Area. The
Adequacy comment period began on
Agency proposed to determine that the Memphis,
TN-MS-AR area had attained the 2008 8-hour ozone
NAAQS, by the applicable attainment date of July
20, 2015, based on 2012–2014 monitoring data. See
80 FR 51992. EPA is contemplating the final action
for this proposed rule under a separate rulemaking
from today’s rulemaking.
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December 16, 2015, with EPA’s posting
of the availability of Arkansas’
submissions on EPA’s Adequacy Web
site (https://www3.epa.gov/otaq/
stateresources/transconf/currsips.htm).
The Adequacy comment period for
these MVEBs closed on January 11,
2016. No comments, adverse, or
otherwise, were received during the
Adequacy comment period. Please see
section VII of this proposed rulemaking
for further explanation of this process
and for more details on the MVEBs.
In summary, today’s notice of
proposed rulemaking is in response to
Arkansas’ December 10, 2015,
redesignation request and associated SIP
submission that address the specific
issues summarized above and the
necessary elements described in section
107(d)(3)(E) of the CAA for
redesignation of the Arkansas portion of
the Memphis, TN-MS-AR Area to
attainment for the 2008 8-hour ozone
NAAQS.
II. What is the background for EPA’s
proposed actions?
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15. Ambient
air quality monitoring data for the 3year period must meet a data
completeness requirement. The ambient
air quality monitoring data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
90 percent, and no single year has less
than 75 percent data completeness as
determined in Appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS, based on
the three most recent years of complete,
quality assured, and certified ambient
air quality data at the conclusion of the
designation process. The Memphis, TNMS-AR Area was designated
nonattainment for the 2008 8-hour
ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008–
2010 ambient air quality data. See 77 FR
30088 (May 21, 2012). At the time of
designation, the Memphis, TN-MS-AR
Area was classified as a marginal
nonattainment area for the 2008 8-hour
ozone NAAQS. In the final
implementation rule for the 2008 8-hour
ozone NAAQS (SIP Implementation
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Rule),2 EPA established ozone
nonattainment area attainment dates
based on Table 1 of section 181(a) of the
CAA. This rule established an
attainment date three years after the July
20, 2012, effective date of designation
for areas classified as marginal for the
2008 8-hour ozone nonattainment
designations.3 Therefore, the Memphis,
TN-MS-AR Area’s attainment date was
July 20, 2015.
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
2 This rule, entitled Implementation of the 2008
National Ambient Air Quality Standards for Ozone:
State Implementation Plan Requirements and
published at 80 FR 12264 (March 6, 2015),
addresses a range of nonattainment area SIP
requirements for the 2008 ozone NAAQS, including
requirements pertaining to attainment
demonstrations, reasonable further progress (RFP),
reasonably available control technology (RACT),
reasonably available control measures (RACM),
major new source review (NSR), emission
inventories, and the timing of SIP submissions and
of compliance with emission control measures in
the SIP. This rule also addresses the revocation of
the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone
NAAQS are revoked.
3 The SIP Implementation Rule modified 40 CFR
51.1103 to establish attainment dates that run from
the effective date of designation, i.e., July 20, 2012.
This action was in response to the D.C. Circuit’s
decision in NRDC v. EPA (D.C. Cir. No. 12–1321)
(Dec. 23, 2014). The Court’s decision held ‘‘that the
EPA’s decision to run the attainment periods from
the end of the calendar year in which areas were
designated was unreasonable.’’ 80 FR 12264, at
12268.
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April 28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton, Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G. T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (hereafter referred to as the ‘‘Calcagni
Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘Technical Support Documents (TSDs)
for Redesignation of Ozone and Carbon
Monoxide (CO) Nonattainment Areas,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National Ambient
Air Quality Standard,’’ Memorandum from
John S. Seitz, Director, Office of Air Quality
Planning and Standards, May 10, 1995.
IV. Why is EPA proposing these
actions?
On December 10, 2015, the State of
Arkansas, through ADEQ, requested that
EPA redesignate the Arkansas portion of
the Memphis, TN-MS-AR Area to
attainment for the 2008 8-hour ozone
NAAQS. EPA’s evaluation indicates that
the entire Memphis, TN-MS-AR Area
has attained the 2008 8-hour ozone
NAAQS, and that the Arkansas portion
of the Memphis, TN-MS-AR Area meets
the requirements for redesignation as set
forth in section 107(d)(3)(E), including
the maintenance plan requirements
under section 175A of the CAA. As a
result, EPA is proposing to take the
three related actions summarized in
section I of this notice.
V. What is EPA’s analysis of the
request?
Our analysis of the State’s request
with respect to the five redesignation
criteria provided under CAA section
107(d)(3)(E) is discussed in the
following paragraphs of this section.
Criteria (1)—The Memphis, TN-MS-AR
Area Has Attained the 2008 8-Hour
Ozone NAAQS
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). For ozone, an
area may be considered to be attaining
the 2008 8-hour ozone NAAQS if it
meets the 2008 8-hour ozone NAAQS,
as determined in accordance with 40
CFR 50.15 and Appendix I of part 50,
based on three complete, consecutive
calendar years of quality-assured air
quality monitoring data. To attain the
NAAQS, the 3-year average of the
fourth-highest daily maximum 8-hour
average ozone concentrations measured
at each monitor within an area over
each year must not exceed 0.075 ppm.
Based on the data handling and
reporting convention described in 40
CFR part 50, Appendix I, the NAAQS
are attained if the design value is 0.075
ppm or below. The data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in the EPA Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
EPA is proposing to determine that
the Memphis, TN-MS-AR Area is
continuing to attain the 2008 8-hour
ozone NAAQS. EPA reviewed ozone
monitoring data from monitoring
stations in the Memphis, TN-MS-AR
Area for the 2008 8-hour ozone NAAQS
for 2012–2014, and the design values for
each monitor in the Area are less than
0.075 ppm. These data have been
quality-assured, are recorded in
Aerometric Information Retrieval
System (AIRS–AQS), and indicate that
the Area is attaining the 2008 8-hour
ozone NAAQS. The fourth-highest 8hour ozone values at each monitor for
2012, 2013, 2014, and the 3-year
averages of these values (i.e., design
values), are summarized in Table 1,
below.
TABLE 1—2012–2014 DESIGN VALUE CONCENTRATIONS FOR THE MEMPHIS, TN-MS-AR AREA
4th Highest 8-hour ozone value
(ppm)
Location
Site
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2012
DeSoto, MS .......................................
Shelby, TN ........................................
Shelby, TN ........................................
Shelby, TN ........................................
Crittenden, AR ..................................
Hernando ..........................................
Frayser .............................................
Orgill Park ........................................
Shelby Farms ...................................
Marion ..............................................
The 3-year design value for 2012–
2014 for the Memphis, TN-MS-AR Area
is 0.073 ppm,4 which meets the
NAAQS. EPA has reviewed 2015
4 The monitor with the highest 3-year design
value is considered the design value for the Area.
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3-Year design
values
(ppm)
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0.075
0.083
0.084
0.086
0.079
preliminary monitoring data for the
Area.5 This preliminary data is not yet
5 2012–2014 data and preliminary 2015 data is
available at EPA’s air data Web site: https://
aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_
files.html#Daily.
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2013
2014
0.065
0.069
0.063
0.069
0.067
0.067
0.067
0.065
0.066
0.067
2012–2014
0.069
0.073
0.070
0.073
0.071
certified to meet the QA requirements
but continues to indicate the area is
meeting the NAAQS. In today’s action,
EPA is proposing to determine that
Memphis, TN-MS-AR Area is attaining
the 2008 8-hour ozone NAAQS. EPA
will not take final action to approve the
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(PSD)) and provisions for the
implementation of part D requirements
(Nonattainment NSR permit programs);
provisions for air pollution modeling;
and provisions for public and local
agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) requires that SIPs
Criteria (2)—Arkansas Has a Fully
contain certain measures to prevent
Approved SIP Under Section 110(k) for
sources in a state from significantly
the Arkansas Portion of the Memphis,
contributing to air quality problems in
TN-MS-AR Area; and Criteria (5)—
another state. To implement this
Arkansas Has Met All Applicable
provision, EPA has required certain
Requirements Under Section 110 and
states to establish programs to address
Part D of Title I of the CAA
the interstate transport of air pollutants.
For redesignating a nonattainment
The section 110(a)(2)(D) requirements
area to attainment, the CAA requires
for a state are not linked with a
EPA to determine that the state has met
particular nonattainment area’s
all applicable requirements under
designation and classification in that
section 110 and part D of title I of the
state. EPA believes that the
CAA (CAA section 107(d)(3)(E)(v)) and
requirements linked with a particular
that the state has a fully approved SIP
nonattainment area’s designation and
under section 110(k) for the area (CAA
classifications are the relevant measures
section 107(d)(3)(E)(ii)). EPA proposes
to evaluate in reviewing a redesignation
to find that Arkansas has met all
request. The transport SIP submittal
applicable SIP requirements for the
requirements, where applicable,
Arkansas portion of the Area under
continue to apply to a state regardless of
section 110 of the CAA (general SIP
the designation of any one particular
requirements) for purposes of
area in the state. Thus, EPA does not
redesignation. Additionally, EPA
believe that the CAA’s interstate
proposes to find that the Arkansas SIP
transport requirements should be
satisfies the criterion that it meets
construed to be applicable requirements
applicable SIP requirements for
for purposes of redesignation. See 75 FR
purposes of redesignation under part D
2091, at 2095–2096.
of title I of the CAA in accordance with
In addition, EPA believes other
section 107(d)(3)(E)(v). Further, EPA
section 110 elements that are neither
proposes to determine that the SIP is
connected with nonattainment plan
fully approved with respect to all
submissions nor linked with an area’s
requirements applicable for purposes of attainment status are applicable
redesignation in accordance with
requirements for purposes of
section 107(d)(3)(E)(ii). In making these
redesignation. The area will still be
determinations, EPA ascertained which
subject to these requirements after the
requirements are applicable to the Area
area is redesignated. The section 110
and, if applicable, that they are fully
and part D requirements that are linked
approved under section 110(k). SIPs
with a particular area’s designation and
must be fully approved only with
classification are the relevant measures
to evaluate in reviewing a redesignation
respect to requirements that were
request. This approach is consistent
applicable prior to submittal of the
with EPA’s existing policy on
complete redesignation request.
applicability (i.e., for redesignations) of
a. The Arkansas Portion of the
conformity and oxygenated fuels
Memphis, TN-MS-AR Area Has Met All
requirements, as well as with section
Applicable Requirements Under Section
184 ozone transport requirements. See
110 and Part D of the CAA
Reading, Pennsylvania, proposed and
General SIP requirements. General SIP final rulemakings (61 FR 53174–53176,
elements and requirements are
October 10, 1996), (62 FR 24826, May 7,
delineated in section 110(a)(2) of title I,
2008); Cleveland-Akron-Loraine, Ohio,
part A of the CAA. These requirements
final rulemaking (61 FR 20458, May 7,
include, but are not limited to, the
1996); and Tampa, Florida, final
following: Submittal of a SIP that has
rulemaking at (60 FR 62748, December
been adopted by the state after
7, 1995). See also the discussion on this
reasonable public notice and hearing;
issue in the Cincinnati, Ohio,
provisions for establishment and
redesignation (65 FR 37890, June 19,
operation of appropriate procedures
2000), and in the Pittsburgh,
needed to monitor ambient air quality;
Pennsylvania, redesignation (66 FR
implementation of a source permit
50399, October 19, 2001).
Title I, Part D, applicable SIP
program; provisions for the
requirements. Section 172(c) of the CAA
implementation of part C requirements
sets forth the basic requirements of
(Prevention of Significant Deterioration
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redesignation if the 3-year design value
exceeds the NAAQS prior to EPA
finalizing the redesignation. As
discussed in more detail below, the
State of Arkansas has committed to
continue monitoring in this Area in
accordance with 40 CFR part 58.
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attainment plans for nonattainment
areas that are required to submit them
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the area’s
nonattainment classification. As
provided in Subpart 2, the specific
requirements of section 182(a) apply in
lieu of the demonstration of attainment
(and contingency measures) required by
section 172(c). 42 U.S.C. 7511a(a). A
thorough discussion of the requirements
contained in sections 172(c) and 182
can be found in the General Preamble
for Implementation of Title I (57 FR
13498).
Section 182(a) Requirements. Section
182(a)(1) requires states to submit a
comprehensive, accurate, and current
inventory of actual emissions from
sources of VOC and NOX emitted within
the boundaries of the ozone
nonattainment area. Arkansas provided
an emissions inventory for the
Memphis, TN-MS-AR Area to EPA in an
August 28, 2015 SIP submission. On
January 14, 2016, EPA published a
direct final rule to approve this
emissions inventory into the SIP. See 81
FR 1884.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC RACT rules that were
required under section 172(b)(3) of the
CAA (and related guidance) prior to the
1990 CAA amendments. The Arkansas
portion of the Memphis, TN-MS-AR
Area is not subject to the section
182(a)(2) RACT ‘‘fix up’’ because it was
designated as unclassifiable/attainment
at that time.
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented,
or was required to implement, an
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision
providing for an I/M program no less
stringent than that required prior to the
1990 amendments or already in the SIP
at the time of the amendments,
whichever is more stringent. The
Arkansas portion of the Memphis, TNMS-AR Area is not subject to the section
182(a)(2)(B) because it was designated
as unclassifiable/attainment prior to
1990 and was not required to have an
I/M program.
Regarding the permitting and offset
requirements of section 182(a)(2)(C) and
section 182(a)(4), Arkansas does have an
approved part D NSR program in place
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(72 FR 18394, April 12, 2007). However,
EPA has determined that areas being
redesignated need not comply with the
requirement that a NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR, because PSD requirements
will apply after redesignation. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’
Arkansas’ PSD program will
automatically become applicable in the
Memphis, TN-MS-AR Area upon
redesignation to attainment. Arkansas
Regulation 31, Chapter 1, section 31.102
Section 182(a)(3) requires states to
submit periodic inventories and
emissions statements. Section
182(a)(3)(A) requires states to submit a
periodic inventory every three years. As
discussed below in the section of this
notice titled Criteria (4)(e), Verification
of Continued Attainment, the State will
continue to update its emissions
inventory at least once every three
years. Under section 182(a)(3)(B), each
state with an ozone nonattainment area
must submit a SIP revision requiring
emissions statements to be submitted to
the state by sources within that
nonattainment area. Arkansas provided
a SIP revision to EPA on November 19,
2007, addressing the section 182(a)(3)(B)
emissions statements requirement, and
on January 15, 2009, EPA published a
final rule to approve this SIP revision.
See 74 FR 2383.
Section 176 Conformity
Requirements. Section 176(c) of the
CAA requires states to establish criteria
and procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement, and enforceability that
EPA promulgated pursuant to its
authority under the CAA.
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EPA interprets the conformity SIP
requirements 6 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and Federal
conformity rules apply where state rules
have not been approved. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also
60 FR 62748 (December 7, 1995)
(redesignation of Tampa, Florida).
Crittenden County does not currently
have fully approved conformity rules,
but as mentioned, the Federal
conformity rules apply, and a
Memorandum of Agreement outlining
interagency consultation procedures is
in place for transportation conformity
purposes.
EPA proposes that the Arkansas
portion of the Memphis, TN-MS-AR
Area has satisfied all applicable
requirements for purposes of
redesignation under section 110 and
part D of title I of the CAA.
b. The Arkansas Portion of the
Memphis, TN-MS-AR Area Has a Fully
Approved Applicable SIP Under Section
110(k) of the CAA
EPA has fully approved the applicable
Arkansas SIP for the Memphis, TN-MSAR Area under section 110(k) of the
CAA for all requirements applicable for
purposes of redesignation. EPA may rely
on prior SIP approvals in approving a
redesignation request (see Calcagni
Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any
additional measures it may approve in
conjunction with a redesignation action
(see 68 FR 25426 (May 12, 2003) and
citations therein). Arkansas has adopted
and submitted, and EPA has fully
approved at various times, provisions
addressing the various SIP elements
applicable for the ozone NAAQS. See
e.g. 77 FR 50033 (August 20, 2012).
As indicated above, EPA believes that
the section 110 elements that are neither
connected with nonattainment plan
submissions nor linked to an area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. EPA has approved all
part D requirements applicable for
purposes of this redesignation.
6 CAA
section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from the MVEBs that
are established in control strategy SIPs and
maintenance plans.
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Criteria (3)—The Air Quality
Improvement in the Memphis, TN-MSAR Area Is Due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
Federal air pollution control
regulations, and other permanent and
enforceable reductions (CAA section
107(d)(3)(E)(iii)). EPA has preliminarily
determined that Arkansas has
demonstrated that the observed air
quality improvement in the Memphis,
TN-MS-AR Area is due to permanent
and enforceable reductions in emissions
resulting from Federal measures and
from state measures adopted into the
SIP. EPA does not have any information
to suggest that the decrease in ozone
concentrations in the Memphis, TN-MSAR Area is due to unusually favorable
meteorological conditions.
Federal measures enacted in recent
years have resulted in permanent
emission reductions. Most of these
emission reductions are enforceable
through regulations. The Federal
measures that have been implemented
include the following:
Tier 2 vehicle and fuel standards.
Implementation began in 2004 and
requires all passenger vehicles in any
manufacturer’s fleet to meet an average
standard of 0.07 grams of NOX per mile.
Additionally, in January 2006 the sulfur
content of gasoline was required to be
on average 30 ppm which assists in
lowering the NOX emissions. Most
gasoline sold in Eastern Arkansas prior
to January 2006 had a sulfur content of
about 300 ppm (65 FR 6698, February
10, 2000).7
Large non-road diesel engines rule.
This rule was promulgated in 2004, and
was phased in between 2008 through
2014 (69 FR 38958, June 29, 2004). This
rule reduces the sulfur content in the
nonroad diesel fuel, and also reduces
NOX, VOC, particulate matter, and
carbon monoxide emissions. These
emission reductions are federally
enforceable. This rule applies to diesel
7 Arkansas also identified Tier 3 Motor Vehicle
Emissions and Fuel Standards as a federal measure.
EPA issued this rule in April 28, 2014, which
applies to light duty passenger cars and trucks. EPA
promulgated this rule to reduce air pollution from
new passenger cars and trucks beginning in 2017.
Tier 3 emission standards will lower sulfur content
of gasoline and lower the emissions standards.
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engines used in industries, such as
construction, agriculture, and mining. It
is estimated that compliance with this
rule will cut NOX emissions from nonroad diesel engines by up to 90 percent
nationwide.
Heavy-duty gasoline and diesel
highway vehicle standards. EPA issued
this rule in January 2001 (66 FR 5002).
This rule includes standards limiting
the sulfur content of diesel fuel, which
went into effect in 2004. A second phase
took effect in 2007, which further
reduced the highway diesel fuel sulfur
content to 15 ppm, leading to additional
reductions in combustion NOX and VOC
emissions. EPA expects that this rule
will achieve a 95 percent reduction in
NOX emissions from diesel trucks and
buses and will reduce NOX emissions by
2.6 million tons by 2030 when the
heavy-duty vehicle fleet is completely
replaced with newer heavy-duty
vehicles that comply with these
emission standards.8
Nonroad spark-ignition engines and
recreational engines standards. The
nonroad spark-ignition and recreational
engine standards, effective in January
2003, regulate NOX, hydrocarbons, and
carbon monoxide from groups of
previously unregulated nonroad engines
(67 FR 68242, November 8, 2002). These
engine standards apply to large sparkignition engines (e.g., forklifts and
airport ground service equipment),
recreational vehicles (e.g., off-highway
motorcycles and all-terrain-vehicles),
and recreational marine diesel engines
sold in the United States and imported
after the effective date of these
standards. When all of the nonroad
spark-ignition and recreational engine
standards are fully implemented, an
overall 72 percent reduction in
hydrocarbons, 80 percent reduction in
NOX, and 56 percent reduction in
carbon monoxide emissions are
expected by 2020. These controls reduce
ambient concentrations of ozone, carbon
monoxide, and fine particulate matter.
National Program for greenhouse gas
(GHG) emissions and Fuel Economy
Standards. The federal GHG and fuel
economy standards apply to light-duty
cars and trucks in model years 2012–
2016 (phase 1) (75 FR 25324, May 7,
2010) and 2017–2025 (phase 2)
(proposed at 80 FR 40138, July 13,
2015). The final standards are projected
to result in an average industry fleetwide 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
8 66
FR 5002, 5012 (January 18, 2001).
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less fuel being consumed, and therefore
less NOX emissions released.
Point Sources. Emissions reductions
from industries in Crittenden County
contribute to the area’s improvement in
air quality. Stationary point source
emissions data is collected annually
from sources that meet reporting
requirements outlined in 40 CFR part
51, subpart A—Air Emissions Reporting
Requirement. These point sources
include, but are not limited to,
refineries, chemical plants, bulk
terminals, and utilities.
In 2010, Trojan Luggage Company/
Americo was reclassified from a major
source for Title V to a minor source and
currently operates under Minor NSR
Permit No. 1523–AR–2. With this
action, allowable VOC emissions
decreased by 0.1 tons per year (tpy) due
to the modification of inks used at the
printer. In addition, two facilities
previously permitted to emit VOCs shut
down and had their Title V and NSR
permits voided, currently have no active
air permit, and have been removed from
the State’s emissions inventory:
Crittenden County Landfill, previously
permitted to emit 55.2 tpy of VOC, had
its Title V air permit voided in 2009.
Automated Conveyer Systems,
previously permitted to emit 84.0 tpy of
VOC, had its Title V air permit voided
in 2010.
Criteria (4)—The Arkansas Portion of
the Memphis, TN-MS-AR Area Has a
Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has a
fully approved maintenance plan
pursuant to section 175A of the CAA
(CAA section 107(d)(3)(E)(iv)). In
conjunction with its request to
redesignate the Arkansas portion of the
Memphis, TN-MS-AR Area to
attainment for the 2008 8-hour ozone
NAAQS, ADEQ submitted a SIP revision
to provide for the maintenance of the
2008 8-hour ozone NAAQS for at least
10 years after the effective date of
redesignation to attainment. EPA
believes that this maintenance plan
meets the requirements for approval
under section 175A of the CAA.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
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7051
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain
contingency measures as necessary to
assure prompt correction of any future
2008 8-hour ozone violations. The
Calcagni Memorandum provides further
guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
requirements: The attainment emissions
inventory, maintenance demonstration,
monitoring, verification of continued
attainment, and a contingency plan. As
is discussed more fully below, EPA is
proposing to determine that Arkansas’
maintenance plan includes all the
necessary components and is thus
proposing to approve it as a revision to
the Arkansas SIP.
b. Attainment Emissions Inventory
EPA is proposing to determine that
the Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS
based on quality-assured monitoring
data for the 3-year period from 2012–
2014, and is continuing to attain the
standard based on preliminary 2015
data. Arkansas selected 2012 as the base
year (i.e., attainment emissions
inventory year) for developing a
comprehensive emissions inventory for
NOX and VOC, for which projected
emissions could be developed for 2017,
2020 and 2027. The attainment
inventory identifies a level of emissions
in the Area that is sufficient to attain the
2008 8-hour ozone NAAQS. Arkansas
began development of the attainment
inventory by first generating a baseline
emissions inventory for the State’s
portion of the Memphis, TN-MS-AR
Area. The projected summer day
emission inventories have been
estimated using projected rates of
growth in population, traffic, economic
activity, and other parameters. In
addition to comparing the final year of
the plan (2027) to the base year (2012),
Arkansas compared interim years to the
baseline to demonstrate that these years
are also expected to show continued
maintenance of the 2008 8-hour ozone
standard.
The emissions inventory is composed
of four major types of sources: Point,
area, on-road mobile, and non-road
mobile. The complete descriptions of
how the inventories were developed are
discussed in the Appendix A through
Appendix C of the December 10, 2015,
submittal, which can be found in the
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docket for this action. The 2012 NOX
and VOC emissions for the Arkansas
portion of the Memphis, TN-MS-AR
Area, as well as the emissions for other
years, were developed consistent with
EPA guidance and are summarized in
Tables 2 through 4 of the following
subsection discussing the maintenance
demonstration.
c. Maintenance Demonstration
The maintenance plan associated with
the redesignation request includes a
maintenance demonstration that:
(i) Shows compliance with and
maintenance of the 2008 8-hour ozone
NAAQS by providing information to
support the demonstration that current
and future emissions of NOX and VOC
remain at or below 2012 emissions
levels.
(ii) Uses 2012 as the attainment year
and includes future emissions inventory
projections for 2017, 2020 and 2027.
(iii) Identifies an ‘‘out year’’ at least 10
years after the time necessary for EPA to
review and approve the maintenance
plan. Per 40 CFR part 93, NOX and VOC
MVEBs were established for the last
year (2027) of the maintenance plan (see
section VII below).
(iv) Provides actual (2012) and
projected emissions inventories, in tons
per summer day (tpsd), for the Arkansas
portion of the Memphis, TN-MS-AR
Area, as shown in Tables 2 and 3,
below.
TABLE 2—ACTUAL AND PROJECTED AVERAGE SUMMER DAY NOX EMISSIONS (TPSD) FOR THE ARKANSAS PORTION OF
THE MEMPHIS, TN-MS-AR AREA
Sector
2012
2017
2020
2027
Point .................................................................................................................
Area .................................................................................................................
Non-road ..........................................................................................................
On-road ............................................................................................................
3.65
3.22
1.97
13.04
3.08
2.85
1.48
9.48
2.87
2.65
1.28
7.68
2.26
2.10
0.73
5.18
Total ..........................................................................................................
21.88
16.89
14.48
10.27
TABLE 3—ACTUAL AND PROJECTED AVERAGE SUMMER DAY VOC EMISSIONS (TPSD) FOR THE ARKANSAS PORTION OF
THE MEMPHIS, TN-MS-AR AREA
Sector
2012
2017
2020
2027
0.78
7.90
3.26
2.35
0.73
7.57
2.27
1.55
0.68
7.46
2.03
1.39
0.53
7.15
1.36
0.98
Total ..........................................................................................................
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Point .................................................................................................................
Area .................................................................................................................
Non-road ..........................................................................................................
On-road ............................................................................................................
14.29
12.12
11.56
10.01
Tables 2 and 3 summarize the 2012
and future projected emissions of NOX
and VOC from the Arkansas portion of
the Memphis, TN-MS-AR Area, as
reflected in Section 4.1, Table 4 of the
State’s submittal. In situations where
local emissions are the primary
contributor to nonattainment, such as
the Memphis, TN-MS-AR Area if the
future projected emissions in the
nonattainment area remain at or below
the baseline emissions in the
nonattainment area, then the ambient
air quality standard should not be
exceeded in the future. Arkansas has
projected emissions as described
previously and determined that
emissions in the Arkansas portion of the
Memphis, TN-MS-AR Area will remain
below those in the attainment year
inventory for the duration of the
maintenance plan.
As discussed in section VI of this
proposed rulemaking, a safety margin is
the difference between the attainment
level of emissions (from all sources) and
the projected level of emissions (from
all sources) in the maintenance plan.
The attainment level of emissions is the
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level of emissions during one of the
years in which the area met the NAAQS.
Arkansas selected 2012 as the
attainment emissions inventory year for
the Arkansas portion of the Memphis,
TN-MS-AR Area. The State has
allocated a portion of the 2027 safety
margin to its 2027 MVEBs for the
Memphis, TN-MS-AR Area.
the safety margin to the 2027 VOC
MVEB. After allocation of the available
safety margin, the remaining safety
margin was calculated as 5.32 tpd for
NOX and 3.18 tpd for VOC. This
allocation and the resulting available
safety margin for the Arkansas portion
of the Memphis, TN-MS-AR Area are
discussed further in section VI of this
proposed rulemaking along with the
MVEBs to be used for transportation
conformity proposes.
TABLE 4—TOTAL SAFETY MARGINS
FOR THE ARKANSAS PORTION OF
THE MEMPHIS, TN-MS-AR AREA
d. Monitoring Network
TONS PER DAY
[tpd]
Year
VOC
NOX
2027 ..................
4.28
11.61
The State has decided to allocate a
portion of the available safety margin to
the 2027 MVEBs to allow for
unanticipated growth in VMT, changes
and uncertainty in vehicle mix
assumptions, etc., that will influence
the emission estimations. ADEQ has
allocated 6.29 tpd of the safety margin
to the 2027 NOX MVEB and 1.10 tpd of
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There currently are 5 monitors
measuring ozone in the Memphis, TNMS-AR Area, one of which is in the
Arkansas portion of the Memphis, TNMS-AR Area. The State of Arkansas,
through ADEQ, has committed to
continue operation of the monitor in the
Arkansas portion of the Memphis, TNMS-AR Area in compliance with 40 CFR
part 58 and have thus addressed the
requirement for monitoring. EPA
approved Arkansas’ monitoring plan on
November 16, 2015. Mississippi and
Tennessee have made similar
commitments in their maintenance
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plans. Mississippi’s monitoring plan
was approved by EPA on November 7,
2014; whereas Tennessee’s monitoring
plan was approved by EPA on January
13, 2015.
e. Verification of Continued Attainment
The State of Arkansas, through ADEQ,
has the legal authority to enforce and
implement the maintenance plan for the
Arkansas portion of the Area. This
includes the authority to adopt,
implement, and enforce any subsequent
emissions control contingency measures
determined to be necessary to correct
future ozone attainment problems.
Large stationary sources are required
to submit an emissions inventory
annually to ADEQ. ADEQ commits to
review these emissions inventories to
determine if any unexpected growth in
NOX emissions in the Area may
endanger the maintenance of the 2008 8hour ozone NAAQS.
Additionally, under the Consolidated
Emissions Reporting Rule (CERR) and
Air Emissions Reporting Requirements
(AERR), ADEQ is required to develop a
comprehensive, annual, statewide
emissions inventory every three years
that is due twelve to eighteen months
after the completion of the inventory
year. The AERR inventory years match
the base year and final year of the
inventory for the maintenance plan, and
are within one or two years of the
interim inventory years of the
maintenance plan. Therefore, ADEQ
commits to compare the CERR and
AERR inventories as they are developed
with the maintenance plan to determine
if additional steps are necessary for
continued maintenance of the 2008 8hour ozone NAAQS in this Area.
In the December 10, 2015, submittal,
Arkansas affirms that all programs
instituted by the State and EPA will
remain enforceable and that sources are
prohibited from decreasing emissions
controls following the redesignation of
the Area. The contingency plan
included in the submittal includes a
triggering mechanism to determine
when contingency measures are needed
and a process of developing and
implementing appropriate control
measures. The primary trigger of the
contingency plan will be a violation of
the 2008 8-hour ozone NAAQS (i.e.,
when the three-year average of the 4th
highest values is equal to or greater than
0.076 ppm at a monitor in the Area).
The trigger date will be the date that the
State observes a 4th highest value that,
when averaged with the two previous
ozone seasons’ fourth highest values,
would result in a three-year average
equal to or greater than 0.076 ppm. The
secondary trigger will apply where no
actual violation of the 2008 8-hour
ozone NAAQS has occurred, but when
ADEQ forecasts ozone levels above the
2008 8-hour ozone NAAQS.
Once the primary or secondary trigger
is activated, the ADEQ, shall commence
analyses including trajectory analyses of
high ozone days and an emissions
inventory assessment to determine those
emission control measures that will be
required for attaining or maintaining the
2008 8-hour ozone NAAQS. ADEQ
commits 9 to adopt and implement at
least one of the following contingency
measures listed in Table 5 as
expeditiously as practicable, but no later
than 24 months after a primary
triggering event.
TABLE 5—CRITTENDEN COUNTY
CONTINGENCY MEASURE OPTIONS
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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).
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• Reasonable Available Control Technology
(RACT) for VOC and NOX sources;
• Anti-idling ordinances;
• Open burning restrictions during peak
ozone season;
• Diesel retrofit/replacement incentives;
• Programs or incentives to decrease motor
vehicle use;
• Trip reduction ordinances;
• Requirements for additional emissions reductions from stationary sources;
• Enhancement of inspection of stationary
sources to ensure emissions control equipment is functioning properly;
9 On January 20, 2016, ADEQ clarified ADEQ’s
commitment is to adopt and implement
contingency measures upon a violation-triggering
event if it is determined that the violation is caused
by a source or sources within Crittenden County.
Clarification Letter from Stuart Spencer to Ron
Curry, January 20, 2016 (Clarification Letter). A
copy is contained in the docket for this rulemaking.
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TABLE 5—CRITTENDEN COUNTY CONTINGENCY
MEASURE OPTIONS—
Continued
• Fuel programs, including incentives for alternative fuels;
• Employer-based transportation management plans, including incentives;
• Limitation/restriction of vehicle use in
downtown areas, or other areas of high
emissions concentration, particularly during
periods of peak use;
• New construction and major reconstruction
of paths for use by pedestrians or by nonmotorized vehicles when economically feasible and in the public interest; and
• Other currently unspecified control measures that might prove to be advantageous.
EPA proposes to conclude that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: The attainment
emissions inventory, maintenance
demonstration, monitoring, verification
of continued attainment, and a
contingency plan. Therefore, EPA
proposes that the maintenance plan SIP
revision submitted by Arkansas for the
State’s portion of the Area meets the
requirements of section 175A of the
CAA and is approvable.
VI. What is EPA’s analysis of Arkansas’
proposed NOX and VOC MVEBs for the
Arkansas portion of the area?
Under section 176(c) of the CAA, new
transportation plans, programs, and
projects, such as the construction of
new highways, must ‘‘conform’’ to (i.e.,
be consistent with) the part of the state’s
air quality plan that addresses pollution
from cars and trucks. Conformity to the
SIP means that transportation activities
will not cause new air quality
violations, worsen existing violations, or
delay timely attainment of the NAAQS
or any interim milestones. If a
transportation plan does not conform,
most new projects that would expand
the capacity of roadways cannot go
forward. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of such
transportation activities to a SIP. The
regional emissions analysis is one, but
not the only, requirement for
implementing transportation
conformity. Transportation conformity
is a requirement for nonattainment and
maintenance areas. Maintenance areas
are areas that were previously
nonattainment for a particular NAAQS
but have since been redesignated to
attainment with an approved
maintenance plan for that NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans for
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nonattainment areas. These control
strategy SIPs, including maintenance
plans, create MVEBs (or in this case subarea MVEBs) for criteria pollutants and/
or their precursors to address pollution
from cars and trucks. Per 40 CFR part
93, a MVEB must be established for the
last year of the maintenance plan. A
state may adopt MVEBs for other years
as well. The MVEB is the portion of the
total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
The MVEB serves as a ceiling on
emissions from an area’s planned
transportation system. The MVEB
concept is further explained in the
preamble to the November 24, 1993,
Transportation Conformity Rule (58 FR
62188). The preamble also describes
how to establish the MVEB in the SIP
and how to revise the MVEB.
As part of the interagency
consultation process on setting MVEBs,
ADEQ held discussions to determine
what years to set MVEBs for the
Memphis, TN-MS-AR maintenance
plan. According to the transportation
conformity rule, a maintenance plan
must establish MVEBs for the last year
of the maintenance plan (in this case,
2027). See 40 CFR 93.118. Arkansas also
provided MVEBs for 2012. Table 6
below provides the NOX and VOC
MVEBs in tpd for 2012 and 2027, as
reflected in Section 4.2, Table 6 of the
State’s submittal.
TABLE 6—ARKANSAS’ PORTION OF THE MEMPHIS, TN-MS-AR AREA MVEBS
[tpd]
2012
NOX
Base Emissions ...............................................................................................
Safety Margin Allocated to MVEB ...................................................................
Conformity MVEB ............................................................................................
As mentioned above, Arkansas has
chosen to allocate a portion of the
available safety margin to the NOX and
VOC MVEBs for 2027. As discussed in
section V of this proposed rulemaking,
a safety margin is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. The
attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
As discussed above, Arkansas has
selected 2012 as the base year.
Through this rulemaking, EPA is
proposing to approve the MVEBs for
NOX and VOC for 2012 and 2027 for the
Arkansas portion of the Memphis, TNMS-AR Area because EPA believes that
the Area maintains the 2008 8-hour
ozone NAAQS with the emissions at the
levels of the budgets. Once the MVEBs
for the Arkansas portion of the
Memphis, TN-MS-AR Area are
approved or found adequate (whichever
is completed first), they must be used
for future conformity determinations.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS2
VII. What is the status of EPA’s
adequacy determination for the
proposed NOX and VOC MVEBs for the
Arkansas portion of the area?
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA may
affirmatively find the MVEB contained
therein adequate for use in determining
transportation conformity. The
adequacy process, as described below, is
generally faster than approval of the
controls strategy revision thus allowing
submitted MVEBs to be used sooner.
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13.04
N/A
13.04
EPA is evaluating the adequacy of the
submitted MVEBs in parallel to this
proposed approval action on the
redesignation request and maintenance
plan. Once EPA affirmatively finds the
submitted MVEB is adequate for
transportation conformity purposes, that
MVEB must be used by state and
Federal agencies in determining
whether proposed transportation
projects conform to the SIP as required
by section 176(c) of the CAA.
EPA’s substantive criteria for
determining adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: public notification of
a SIP submission, a public comment
period, and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999, guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule entitled, ‘‘Transportation
Conformity Rule Amendments:
Response to Court Decision and
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2027
NOX
2.35
N/A
2.35
5.18
6.29
11.47
VOC
0.98
1.10
2.08
Additional Rule Changes,’’ 68 FR 38974,
38984 (June 30, 2003).
As discussed earlier, Arkansas’
maintenance plan includes NOX and
VOC MVEBs for the Arkansas portion of
the Memphis, TN-MS-AR Area for 2012
as well as 2027, the last year of the
maintenance plan. EPA is reviewing the
NOX and VOC MVEBs through the
adequacy process. The NOX and VOC
MVEBs for the Arkansas portion of the
Memphis, TN-MS-AR Area, opened for
public comment on EPA’s adequacy
Web site on December 16, 2015, found
at: https://www3.epa.gov/otaq/
stateresources/transconf/currsips.htm.
EPA intends to make its
determination on the adequacy of the
2012 and 2027 MVEBs for the Arkansas
portion of the Memphis, TN-MS-AR
Area for transportation conformity
purposes in the near future by
completing the adequacy process that
was started on December 16, 2015. After
EPA finds the 2012 and 2027 MVEBs
adequate or approves them, the new
MVEBs for NOX and VOC must be used
for future transportation conformity
determinations. For required regional
emissions analysis years between 2012
and 2027, the applicable budgets will be
the new 2012 MVEBs established in the
maintenance plan, as defined in section
VI of this proposed rulemaking. For
analysis years 2027 and beyond, the
applicable budgets will be the new 2027
MVEBs established in the maintenance
plan.
VIII. What is the effect of EPA’s
proposed actions?
EPA’s proposed actions establish the
basis upon which EPA may take final
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asabaliauskas on DSK9F6TC42PROD with PROPOSALS2
action on the issues being proposed for
approval today. Approval of Arkansas’
redesignation request would change the
legal designation of the portion of
Crittenden County that is within the
Memphis, TN-MS-AR Area, as found at
40 CFR part 81, from nonattainment to
attainment for the 2008 8-hour ozone
NAAQS. Approval of Arkansas’
associated SIP revision would also
incorporate a plan for maintaining the
2008 8-hour ozone NAAQS in the
Memphis, TN-MS-AR Area through
2027 into the SIP. This maintenance
plan includes contingency measures to
remedy any future violations of the 2008
8-hour ozone NAAQS and procedures
for evaluation of potential violations.
The maintenance plan also establishes
NOX and VOC MVEBs for 2012 and
2027 for the Arkansas portion of the
Memphis, TN-MS-AR Area. The MVEBs
are listed in Table 6 in section VI.
Additionally, EPA is notifying the
public of the status of EPA’s adequacy
determination for the newly-established
NOX and VOC MVEBs for 2012 and
2027 for the Arkansas portion of the
Memphis, TN-MS-AR Area.
IX. Proposed Actions
EPA is taking three separate but
related actions regarding the
redesignation and maintenance of the
2008 8-hour ozone NAAQS for the
Arkansas portion of the Memphis, TNMS-AR Area. EPA is proposing to
determine that the entire Memphis, TNMS-AR Area is attaining the 2008 8hour ozone NAAQS. EPA is also
proposing to approve the maintenance
plan (including the Clarification Letter)
for the Arkansas portion of the Area,
including the NOX and VOC MVEBs for
2012 and 2027, into the Arkansas SIP
(under CAA section 175A). The
maintenance plan demonstrates that the
Area will continue to maintain the 2008
8-hour ozone NAAQS through 2027 and
that the budgets meet all of the
adequacy criteria contained in 40 CFR
93.118(e)(4) and (5). Further, as part of
today’s action, EPA is describing the
status of its adequacy determination for
the NOX and VOC MVEBs for 2012 and
2027 in accordance with 40 CFR
93.118(f)(2). Within 24 months from the
effective date of EPA’s adequacy
determination for the MVEBs or the
publication date for the final rule for
this action, whichever is earlier, the
transportation partners will need to
demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104(e)(3).
Additionally, EPA is proposing to
determine that the Arkansas portion of
the Memphis, TN-MS-AR Area has met
the criteria under CAA section
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16:36 Feb 09, 2016
Jkt 238001
107(d)(3)(E) for redesignation from
nonattainment to attainment for the
2008 8-hour ozone NAAQS. On this
basis, EPA is proposing to approve
Arkansas’ redesignation request for the
Arkansas portion of the Memphis, TNMS-AR Area. If finalized, approval of
the redesignation request would change
the official designation of the portion of
Crittenden County that is within the
Memphis, TN-MS-AR Area, as found at
40 CFR part 81, from nonattainment to
attainment for the 2008 8-hour ozone
NAAQS.
X. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these proposed
actions merely propose to approve state
law as meeting Federal requirements
and do not impose additional
requirements beyond those imposed by
state law. For this reason, these
proposed actions:
• Are not a significant regulatory
action subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• do not have Federalism
implications as specified in Executive
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
7055
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 27, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016–02567 Filed 2–9–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 228
[FRL–9942–08–Region 1]
Ocean Disposal; Proposed
Amendments to Restrictions on Use of
Dredged Material Disposal Sites in the
Central and Western Portions of Long
Island Sound; Connecticut
Environmental Protection
Agency (EPA).
AGENCY:
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[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Proposed Rules]
[Pages 7046-7055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02567]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2015-0852; FRL-9942-13-Region 6]
Air Plan Approval and Designation of Areas; AR; Redesignation of
the Crittenden County, 2008 8-Hour Ozone Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On December 10, 2015, the State of Arkansas, through the
Arkansas Department of Environmental Quality (ADEQ), submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the portion of Arkansas that is within the Memphis, Tennessee-
Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone
nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR
Area'' or ``Area'') and to approve a State Implementation Plan (SIP)
revision containing a maintenance plan for the Area. EPA is proposing
to determine that the Memphis, TN-MS-AR Area is continuing to attain
the 2008 8-hour ozone national ambient air quality standards (NAAQS);
to approve the State's plan for maintaining attainment of the 2008 8-
hour ozone standard in the Area, including the motor vehicle emission
budgets (MVEBs) for nitrogen oxides (NOX) and volatile
organic compounds (VOC) for the years 2012 and 2027 for the Arkansas
portion of the Area, into the SIP; and to redesignate the Arkansas
portion of the Area to attainment for the 2008 8-hour ozone NAAQS. EPA
is also notifying the public of the status of EPA's adequacy
determination for the MVEBs for the Arkansas portion of the Memphis,
TN-MS-AR Area.
DATES: Comments must be received on or before March 11, 2016.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0852, at https://www.regulations.gov or via email to
riley.jeffrey@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 Jeffrey Riley, (214) 665-
8542, riley.jeffrey@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 the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, (214) 665-8542,
riley.jeffrey@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Mr. Riley or Mr. Bill Deese at 214-665-
7253.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of Arkansas' proposed NOX and
VOC MVEBs for the Arkansas portion of the area?
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs the arkansas portion of the
area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Actions
X. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following three separate but related
actions, one of which involves multiple elements: (1) To determine that
the Memphis, TN-MS-AR Area is continuing to attain the 2008 8-hour
ozone NAAQS; \1\ (2) to
[[Page 7047]]
approve Arkansas' plan for maintaining the 2008 8-hour ozone NAAQS
(maintenance plan), including the associated MVEBs for the Arkansas
portion of the Memphis, TN-MS-AR Area, into the SIP; and (3) to
redesignate the Arkansas portion of the Memphis, TN-MS-AR Area to
attainment for the 2008 8-hour ozone NAAQS. EPA is also notifying the
public of the status of EPA's adequacy determination for the MVEBs for
the Arkansas portion of the Memphis, TN-MS-AR Area. The Memphis, TN-MS-
AR Area consists of a portion of DeSoto County in Mississippi, all of
Shelby County in Tennessee and all of Crittenden County in Arkansas.
Today's proposed actions are summarized below and described in greater
detail throughout this notice of proposed rulemaking.
---------------------------------------------------------------------------
\1\ On August 27, 2015, EPA published a proposed rulemaking
entitled ``Determinations of Attainment by the Attainment Date,
Extensions of the Attainment Date, and Reclassification of Several
Areas Classified as Marginal for the 2008 Ozone National Ambient Air
Quality Standards'' where the Agency proposed to determine that the
Memphis, TN-MS-AR area had attained the 2008 8-hour ozone NAAQS, by
the applicable attainment date of July 20, 2015, based on 2012-2014
monitoring data. See 80 FR 51992. EPA is contemplating the final
action for this proposed rule under a separate rulemaking from
today's rulemaking.
---------------------------------------------------------------------------
EPA is proposing to make the determination that the Memphis, TN-MS-
AR Area is continuing to attain the 2008 8-hour ozone NAAQS based on
recent air quality data and proposing to approve Arkansas' maintenance
plan for its portion of the Memphis, TN-MS-AR Area as meeting the
requirements of section 175A (such approval being one of the Clean Air
Act (CAA or Act) criteria for redesignation to attainment status). The
maintenance plan is designed to keep the Memphis, TN-MS-AR Area in
attainment of the 2008 8-hour ozone NAAQS through 2027. The maintenance
plan includes 2012 and 2027 MVEBs for NOX and VOC for the
Arkansas portion of the Memphis, TN-MS-AR Area for transportation
conformity purposes. EPA is proposing to approve these MVEBs and
incorporate them into the Arkansas SIP.
EPA also proposes to determine that the Arkansas portion of the
Memphis, TN-MS-AR Area has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is
proposing to approve a request to change the legal designation of
Crittenden County within the Arkansas portion of the Memphis, TN-MS-AR
Area, as found at 40 CFR part 81, from nonattainment to attainment for
the 2008 8-hour ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
process for the 2012 and 2027 NOX and VOC MVEBs for the
Arkansas portion of the Memphis, TN-MS-AR Area. The Adequacy comment
period began on December 16, 2015, with EPA's posting of the
availability of Arkansas' submissions on EPA's Adequacy Web site
(https://www3.epa.gov/otaq/stateresources/transconf/currsips.htm). The
Adequacy comment period for these MVEBs closed on January 11, 2016. No
comments, adverse, or otherwise, were received during the Adequacy
comment period. Please see section VII of this proposed rulemaking for
further explanation of this process and for more details on the MVEBs.
In summary, today's notice of proposed rulemaking is in response to
Arkansas' December 10, 2015, redesignation request and associated SIP
submission that address the specific issues summarized above and the
necessary elements described in section 107(d)(3)(E) of the CAA for
redesignation of the Arkansas portion of the Memphis, TN-MS-AR Area to
attainment for the 2008 8-hour ozone NAAQS.
II. What is the background for EPA's proposed actions?
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in Appendix I of part
50.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of complete, quality assured, and
certified ambient air quality data at the conclusion of the designation
process. The Memphis, TN-MS-AR Area was designated nonattainment for
the 2008 8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012)
using 2008-2010 ambient air quality data. See 77 FR 30088 (May 21,
2012). At the time of designation, the Memphis, TN-MS-AR Area was
classified as a marginal nonattainment area for the 2008 8-hour ozone
NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS
(SIP Implementation Rule),\2\ EPA established ozone nonattainment area
attainment dates based on Table 1 of section 181(a) of the CAA. This
rule established an attainment date three years after the July 20,
2012, effective date of designation for areas classified as marginal
for the 2008 8-hour ozone nonattainment designations.\3\ Therefore, the
Memphis, TN-MS-AR Area's attainment date was July 20, 2015.
---------------------------------------------------------------------------
\2\ This rule, entitled Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements and published at 80 FR 12264 (March 6, 2015), addresses
a range of nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), major new source review (NSR), emission
inventories, and the timing of SIP submissions and of compliance
with emission control measures in the SIP. This rule also addresses
the revocation of the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone NAAQS are revoked.
\3\ The SIP Implementation Rule modified 40 CFR 51.1103 to
establish attainment dates that run from the effective date of
designation, i.e., July 20, 2012. This action was in response to the
D.C. Circuit's decision in NRDC v. EPA (D.C. Cir. No. 12-1321) (Dec.
23, 2014). The Court's decision held ``that the EPA's decision to
run the attainment periods from the end of the calendar year in
which areas were designated was unreasonable.'' 80 FR 12264, at
12268.
---------------------------------------------------------------------------
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and, (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498), and supplemented this guidance on
[[Page 7048]]
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
IV. Why is EPA proposing these actions?
On December 10, 2015, the State of Arkansas, through ADEQ,
requested that EPA redesignate the Arkansas portion of the Memphis, TN-
MS-AR Area to attainment for the 2008 8-hour ozone NAAQS. EPA's
evaluation indicates that the entire Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS, and that the Arkansas portion of
the Memphis, TN-MS-AR Area meets the requirements for redesignation as
set forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. As a result, EPA is
proposing to take the three related actions summarized in section I of
this notice.
V. What is EPA's analysis of the request?
Our analysis of the State's request with respect to the five
redesignation criteria provided under CAA section 107(d)(3)(E) is
discussed in the following paragraphs of this section.
Criteria (1)--The Memphis, TN-MS-AR Area Has Attained the 2008 8-Hour
Ozone NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15
and Appendix I of part 50, based on three complete, consecutive
calendar years of quality-assured air quality monitoring data. To
attain the NAAQS, the 3-year average of the fourth-highest daily
maximum 8-hour average ozone concentrations measured at each monitor
within an area over each year must not exceed 0.075 ppm. Based on the
data handling and reporting convention described in 40 CFR part 50,
Appendix I, the NAAQS are attained if the design value is 0.075 ppm or
below. The data must be collected and quality-assured in accordance
with 40 CFR part 58 and recorded in the EPA Air Quality System (AQS).
The monitors generally should have remained at the same location for
the duration of the monitoring period required for demonstrating
attainment.
EPA is proposing to determine that the Memphis, TN-MS-AR Area is
continuing to attain the 2008 8-hour ozone NAAQS. EPA reviewed ozone
monitoring data from monitoring stations in the Memphis, TN-MS-AR Area
for the 2008 8-hour ozone NAAQS for 2012-2014, and the design values
for each monitor in the Area are less than 0.075 ppm. These data have
been quality-assured, are recorded in Aerometric Information Retrieval
System (AIRS-AQS), and indicate that the Area is attaining the 2008 8-
hour ozone NAAQS. The fourth-highest 8-hour ozone values at each
monitor for 2012, 2013, 2014, and the 3-year averages of these values
(i.e., design values), are summarized in Table 1, below.
Table 1--2012-2014 Design Value Concentrations for the Memphis, TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
4th Highest 8-hour ozone value (ppm) 3-Year design
------------------------------------------------ values (ppm)
Location Site ---------------
2012 2013 2014 2012-2014
----------------------------------------------------------------------------------------------------------------
DeSoto, MS.................... Hernando........ 0.075 0.065 0.067 0.069
Shelby, TN.................... Frayser......... 0.083 0.069 0.067 0.073
Shelby, TN.................... Orgill Park..... 0.084 0.063 0.065 0.070
Shelby, TN.................... Shelby Farms.... 0.086 0.069 0.066 0.073
Crittenden, AR................ Marion.......... 0.079 0.067 0.067 0.071
----------------------------------------------------------------------------------------------------------------
The 3-year design value for 2012-2014 for the Memphis, TN-MS-AR
Area is 0.073 ppm,\4\ which meets the NAAQS. EPA has reviewed 2015
preliminary monitoring data for the Area.\5\ This preliminary data is
not yet certified to meet the QA requirements but continues to indicate
the area is meeting the NAAQS. In today's action, EPA is proposing to
determine that Memphis, TN-MS-AR Area is attaining the 2008 8-hour
ozone NAAQS. EPA will not take final action to approve the
[[Page 7049]]
redesignation if the 3-year design value exceeds the NAAQS prior to EPA
finalizing the redesignation. As discussed in more detail below, the
State of Arkansas has committed to continue monitoring in this Area in
accordance with 40 CFR part 58.
---------------------------------------------------------------------------
\4\ The monitor with the highest 3-year design value is
considered the design value for the Area.
\5\ 2012-2014 data and preliminary 2015 data is available at
EPA's air data Web site: https://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
---------------------------------------------------------------------------
Criteria (2)--Arkansas Has a Fully Approved SIP Under Section 110(k)
for the Arkansas Portion of the Memphis, TN-MS-AR Area; and Criteria
(5)--Arkansas Has Met All Applicable Requirements Under Section 110 and
Part D of Title I of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Arkansas has met all applicable SIP requirements
for the Arkansas portion of the Area under section 110 of the CAA
(general SIP requirements) for purposes of redesignation. Additionally,
EPA proposes to find that the Arkansas SIP satisfies the criterion that
it meets applicable SIP requirements for purposes of redesignation
under part D of title I of the CAA in accordance with section
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is
fully approved with respect to all requirements applicable for purposes
of redesignation in accordance with section 107(d)(3)(E)(ii). In making
these determinations, EPA ascertained which requirements are applicable
to the Area and, if applicable, that they are fully approved under
section 110(k). SIPs must be fully approved only with respect to
requirements that were applicable prior to submittal of the complete
redesignation request.
a. The Arkansas Portion of the Memphis, TN-MS-AR Area Has Met All
Applicable Requirements Under Section 110 and Part D of the CAA
General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: Submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (Nonattainment NSR permit programs); provisions for air
pollution modeling; and provisions for public and local agency
participation in planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
See 75 FR 2091, at 2095-2096.
In addition, EPA believes other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are applicable requirements for purposes of
redesignation. The area will still be subject to these requirements
after the area is redesignated. The section 110 and part D requirements
that are linked with a particular area's designation and classification
are the relevant measures to evaluate in reviewing a redesignation
request. This approach is consistent with EPA's existing policy on
applicability (i.e., for redesignations) of conformity and oxygenated
fuels requirements, as well as with section 184 ozone transport
requirements. See Reading, Pennsylvania, proposed and final rulemakings
(61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 2008);
Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final rulemaking at (60 FR 62748, December
7, 1995). See also the discussion on this issue in the Cincinnati,
Ohio, redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
Title I, Part D, applicable SIP requirements. Section 172(c) of the
CAA sets forth the basic requirements of attainment plans for
nonattainment areas that are required to submit them pursuant to
section 172(b). Subpart 2 of part D, which includes section 182 of the
CAA, establishes specific requirements for ozone nonattainment areas
depending on the area's nonattainment classification. As provided in
Subpart 2, the specific requirements of section 182(a) apply in lieu of
the demonstration of attainment (and contingency measures) required by
section 172(c). 42 U.S.C. 7511a(a). A thorough discussion of the
requirements contained in sections 172(c) and 182 can be found in the
General Preamble for Implementation of Title I (57 FR 13498).
Section 182(a) Requirements. Section 182(a)(1) requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the ozone nonattainment area. Arkansas provided an
emissions inventory for the Memphis, TN-MS-AR Area to EPA in an August
28, 2015 SIP submission. On January 14, 2016, EPA published a direct
final rule to approve this emissions inventory into the SIP. See 81 FR
1884.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC RACT rules that were required under
section 172(b)(3) of the CAA (and related guidance) prior to the 1990
CAA amendments. The Arkansas portion of the Memphis, TN-MS-AR Area is
not subject to the section 182(a)(2) RACT ``fix up'' because it was
designated as unclassifiable/attainment at that time.
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented, or was required to implement, an
inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision providing for an I/M program no
less stringent than that required prior to the 1990 amendments or
already in the SIP at the time of the amendments, whichever is more
stringent. The Arkansas portion of the Memphis, TN-MS-AR Area is not
subject to the section 182(a)(2)(B) because it was designated as
unclassifiable/attainment prior to 1990 and was not required to have an
I/M program.
Regarding the permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), Arkansas does have an approved part
D NSR program in place
[[Page 7050]]
(72 FR 18394, April 12, 2007). However, EPA has determined that areas
being redesignated need not comply with the requirement that a NSR
program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR, because PSD
requirements will apply after redesignation. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Arkansas' PSD program will automatically
become applicable in the Memphis, TN-MS-AR Area upon redesignation to
attainment. Arkansas Regulation 31, Chapter 1, section 31.102
Section 182(a)(3) requires states to submit periodic inventories
and emissions statements. Section 182(a)(3)(A) requires states to
submit a periodic inventory every three years. As discussed below in
the section of this notice titled Criteria (4)(e), Verification of
Continued Attainment, the State will continue to update its emissions
inventory at least once every three years. Under section 182(a)(3)(B),
each state with an ozone nonattainment area must submit a SIP revision
requiring emissions statements to be submitted to the state by sources
within that nonattainment area. Arkansas provided a SIP revision to EPA
on November 19, 2007, addressing the section 182(a)(3)(B) emissions
statements requirement, and on January 15, 2009, EPA published a final
rule to approve this SIP revision. See 74 FR 2383.
Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \6\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida). Crittenden County does not currently have fully
approved conformity rules, but as mentioned, the Federal conformity
rules apply, and a Memorandum of Agreement outlining interagency
consultation procedures is in place for transportation conformity
purposes.
---------------------------------------------------------------------------
\6\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the MVEBs that are established in control
strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
EPA proposes that the Arkansas portion of the Memphis, TN-MS-AR
Area has satisfied all applicable requirements for purposes of
redesignation under section 110 and part D of title I of the CAA.
b. The Arkansas Portion of the Memphis, TN-MS-AR Area Has a Fully
Approved Applicable SIP Under Section 110(k) of the CAA
EPA has fully approved the applicable Arkansas SIP for the Memphis,
TN-MS-AR Area under section 110(k) of the CAA for all requirements
applicable for purposes of redesignation. EPA may rely on prior SIP
approvals in approving a redesignation request (see Calcagni Memorandum
at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d
984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional
measures it may approve in conjunction with a redesignation action (see
68 FR 25426 (May 12, 2003) and citations therein). Arkansas has adopted
and submitted, and EPA has fully approved at various times, provisions
addressing the various SIP elements applicable for the ozone NAAQS. See
e.g. 77 FR 50033 (August 20, 2012).
As indicated above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA has approved all part D requirements
applicable for purposes of this redesignation.
Criteria (3)--The Air Quality Improvement in the Memphis, TN-MS-AR Area
Is Due to Permanent and Enforceable Reductions in Emissions Resulting
From Implementation of the SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Reductions
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable Federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that
Arkansas has demonstrated that the observed air quality improvement in
the Memphis, TN-MS-AR Area is due to permanent and enforceable
reductions in emissions resulting from Federal measures and from state
measures adopted into the SIP. EPA does not have any information to
suggest that the decrease in ozone concentrations in the Memphis, TN-
MS-AR Area is due to unusually favorable meteorological conditions.
Federal measures enacted in recent years have resulted in permanent
emission reductions. Most of these emission reductions are enforceable
through regulations. The Federal measures that have been implemented
include the following:
Tier 2 vehicle and fuel standards. Implementation began in 2004 and
requires all passenger vehicles in any manufacturer's fleet to meet an
average standard of 0.07 grams of NOX per mile.
Additionally, in January 2006 the sulfur content of gasoline was
required to be on average 30 ppm which assists in lowering the
NOX emissions. Most gasoline sold in Eastern Arkansas prior
to January 2006 had a sulfur content of about 300 ppm (65 FR 6698,
February 10, 2000).\7\
---------------------------------------------------------------------------
\7\ Arkansas also identified Tier 3 Motor Vehicle Emissions and
Fuel Standards as a federal measure. EPA issued this rule in April
28, 2014, which applies to light duty passenger cars and trucks. EPA
promulgated this rule to reduce air pollution from new passenger
cars and trucks beginning in 2017. Tier 3 emission standards will
lower sulfur content of gasoline and lower the emissions standards.
---------------------------------------------------------------------------
Large non-road diesel engines rule. This rule was promulgated in
2004, and was phased in between 2008 through 2014 (69 FR 38958, June
29, 2004). This rule reduces the sulfur content in the nonroad diesel
fuel, and also reduces NOX, VOC, particulate matter, and
carbon monoxide emissions. These emission reductions are federally
enforceable. This rule applies to diesel
[[Page 7051]]
engines used in industries, such as construction, agriculture, and
mining. It is estimated that compliance with this rule will cut
NOX emissions from non-road diesel engines by up to 90
percent nationwide.
Heavy-duty gasoline and diesel highway vehicle standards. EPA
issued this rule in January 2001 (66 FR 5002). This rule includes
standards limiting the sulfur content of diesel fuel, which went into
effect in 2004. A second phase took effect in 2007, which further
reduced the highway diesel fuel sulfur content to 15 ppm, leading to
additional reductions in combustion NOX and VOC emissions.
EPA expects that this rule will achieve a 95 percent reduction in
NOX emissions from diesel trucks and buses and will reduce
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty
vehicles that comply with these emission standards.\8\
---------------------------------------------------------------------------
\8\ 66 FR 5002, 5012 (January 18, 2001).
---------------------------------------------------------------------------
Nonroad spark-ignition engines and recreational engines standards.
The nonroad spark-ignition and recreational engine standards, effective
in January 2003, regulate NOX, hydrocarbons, and carbon
monoxide from groups of previously unregulated nonroad engines (67 FR
68242, November 8, 2002). These engine standards apply to large spark-
ignition engines (e.g., forklifts and airport ground service
equipment), recreational vehicles (e.g., off-highway motorcycles and
all-terrain-vehicles), and recreational marine diesel engines sold in
the United States and imported after the effective date of these
standards. When all of the nonroad spark-ignition and recreational
engine standards are fully implemented, an overall 72 percent reduction
in hydrocarbons, 80 percent reduction in NOX, and 56 percent
reduction in carbon monoxide emissions are expected by 2020. These
controls reduce ambient concentrations of ozone, carbon monoxide, and
fine particulate matter.
National Program for greenhouse gas (GHG) emissions and Fuel
Economy Standards. The federal GHG and fuel economy standards apply to
light-duty cars and trucks in model years 2012-2016 (phase 1) (75 FR
25324, May 7, 2010) and 2017-2025 (phase 2) (proposed at 80 FR 40138,
July 13, 2015). The final standards are projected to result in an
average industry fleet-wide level of 163 grams/mile of carbon dioxide
which is equivalent to 54.5 miles per gallon if achieved exclusively
through fuel economy improvements. The fuel economy standards result in
less fuel being consumed, and therefore less NOX emissions
released.
Point Sources. Emissions reductions from industries in Crittenden
County contribute to the area's improvement in air quality. Stationary
point source emissions data is collected annually from sources that
meet reporting requirements outlined in 40 CFR part 51, subpart A--Air
Emissions Reporting Requirement. These point sources include, but are
not limited to, refineries, chemical plants, bulk terminals, and
utilities.
In 2010, Trojan Luggage Company/Americo was reclassified from a
major source for Title V to a minor source and currently operates under
Minor NSR Permit No. 1523-AR-2. With this action, allowable VOC
emissions decreased by 0.1 tons per year (tpy) due to the modification
of inks used at the printer. In addition, two facilities previously
permitted to emit VOCs shut down and had their Title V and NSR permits
voided, currently have no active air permit, and have been removed from
the State's emissions inventory: Crittenden County Landfill, previously
permitted to emit 55.2 tpy of VOC, had its Title V air permit voided in
2009. Automated Conveyer Systems, previously permitted to emit 84.0 tpy
of VOC, had its Title V air permit voided in 2010.
Criteria (4)--The Arkansas Portion of the Memphis, TN-MS-AR Area Has a
Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Arkansas portion of the Memphis, TN-MS-AR Area to attainment for the
2008 8-hour ozone NAAQS, ADEQ submitted a SIP revision to provide for
the maintenance of the 2008 8-hour ozone NAAQS for at least 10 years
after the effective date of redesignation to attainment. EPA believes
that this maintenance plan meets the requirements for approval under
section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as necessary to assure prompt correction of any
future 2008 8-hour ozone violations. The Calcagni Memorandum provides
further guidance on the content of a maintenance plan, explaining that
a maintenance plan should address five requirements: The attainment
emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan. As is
discussed more fully below, EPA is proposing to determine that
Arkansas' maintenance plan includes all the necessary components and is
thus proposing to approve it as a revision to the Arkansas SIP.
b. Attainment Emissions Inventory
EPA is proposing to determine that the Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS based on quality-assured
monitoring data for the 3-year period from 2012-2014, and is continuing
to attain the standard based on preliminary 2015 data. Arkansas
selected 2012 as the base year (i.e., attainment emissions inventory
year) for developing a comprehensive emissions inventory for
NOX and VOC, for which projected emissions could be
developed for 2017, 2020 and 2027. The attainment inventory identifies
a level of emissions in the Area that is sufficient to attain the 2008
8-hour ozone NAAQS. Arkansas began development of the attainment
inventory by first generating a baseline emissions inventory for the
State's portion of the Memphis, TN-MS-AR Area. The projected summer day
emission inventories have been estimated using projected rates of
growth in population, traffic, economic activity, and other parameters.
In addition to comparing the final year of the plan (2027) to the base
year (2012), Arkansas compared interim years to the baseline to
demonstrate that these years are also expected to show continued
maintenance of the 2008 8-hour ozone standard.
The emissions inventory is composed of four major types of sources:
Point, area, on-road mobile, and non-road mobile. The complete
descriptions of how the inventories were developed are discussed in the
Appendix A through Appendix C of the December 10, 2015, submittal,
which can be found in the
[[Page 7052]]
docket for this action. The 2012 NOX and VOC emissions for
the Arkansas portion of the Memphis, TN-MS-AR Area, as well as the
emissions for other years, were developed consistent with EPA guidance
and are summarized in Tables 2 through 4 of the following subsection
discussing the maintenance demonstration.
c. Maintenance Demonstration
The maintenance plan associated with the redesignation request
includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the 2008 8-hour ozone
NAAQS by providing information to support the demonstration that
current and future emissions of NOX and VOC remain at or
below 2012 emissions levels.
(ii) Uses 2012 as the attainment year and includes future emissions
inventory projections for 2017, 2020 and 2027.
(iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan. Per 40
CFR part 93, NOX and VOC MVEBs were established for the last
year (2027) of the maintenance plan (see section VII below).
(iv) Provides actual (2012) and projected emissions inventories, in
tons per summer day (tpsd), for the Arkansas portion of the Memphis,
TN-MS-AR Area, as shown in Tables 2 and 3, below.
Table 2--Actual and Projected Average Summer Day NOX Emissions (tpsd) for the Arkansas Portion of the Memphis,
TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
Sector 2012 2017 2020 2027
----------------------------------------------------------------------------------------------------------------
Point........................................... 3.65 3.08 2.87 2.26
Area............................................ 3.22 2.85 2.65 2.10
Non-road........................................ 1.97 1.48 1.28 0.73
On-road......................................... 13.04 9.48 7.68 5.18
---------------------------------------------------------------
Total....................................... 21.88 16.89 14.48 10.27
----------------------------------------------------------------------------------------------------------------
Table 3--Actual and Projected Average Summer Day VOC Emissions (tpsd) for the Arkansas Portion of the Memphis,
TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
Sector 2012 2017 2020 2027
----------------------------------------------------------------------------------------------------------------
Point........................................... 0.78 0.73 0.68 0.53
Area............................................ 7.90 7.57 7.46 7.15
Non-road........................................ 3.26 2.27 2.03 1.36
On-road......................................... 2.35 1.55 1.39 0.98
---------------------------------------------------------------
Total....................................... 14.29 12.12 11.56 10.01
----------------------------------------------------------------------------------------------------------------
Tables 2 and 3 summarize the 2012 and future projected emissions of
NOX and VOC from the Arkansas portion of the Memphis, TN-MS-
AR Area, as reflected in Section 4.1, Table 4 of the State's submittal.
In situations where local emissions are the primary contributor to
nonattainment, such as the Memphis, TN-MS-AR Area if the future
projected emissions in the nonattainment area remain at or below the
baseline emissions in the nonattainment area, then the ambient air
quality standard should not be exceeded in the future. Arkansas has
projected emissions as described previously and determined that
emissions in the Arkansas portion of the Memphis, TN-MS-AR Area will
remain below those in the attainment year inventory for the duration of
the maintenance plan.
As discussed in section VI of this proposed rulemaking, a safety
margin is the difference between the attainment level of emissions
(from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which the area met
the NAAQS. Arkansas selected 2012 as the attainment emissions inventory
year for the Arkansas portion of the Memphis, TN-MS-AR Area. The State
has allocated a portion of the 2027 safety margin to its 2027 MVEBs for
the Memphis, TN-MS-AR Area.
Table 4--Total Safety Margins for the Arkansas Portion of the Memphis,
TN-MS-AR Area Tons per Day
[tpd]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2027........................................ 4.28 11.61
------------------------------------------------------------------------
The State has decided to allocate a portion of the available safety
margin to the 2027 MVEBs to allow for unanticipated growth in VMT,
changes and uncertainty in vehicle mix assumptions, etc., that will
influence the emission estimations. ADEQ has allocated 6.29 tpd of the
safety margin to the 2027 NOX MVEB and 1.10 tpd of the
safety margin to the 2027 VOC MVEB. After allocation of the available
safety margin, the remaining safety margin was calculated as 5.32 tpd
for NOX and 3.18 tpd for VOC. This allocation and the
resulting available safety margin for the Arkansas portion of the
Memphis, TN-MS-AR Area are discussed further in section VI of this
proposed rulemaking along with the MVEBs to be used for transportation
conformity proposes.
d. Monitoring Network
There currently are 5 monitors measuring ozone in the Memphis, TN-
MS-AR Area, one of which is in the Arkansas portion of the Memphis, TN-
MS-AR Area. The State of Arkansas, through ADEQ, has committed to
continue operation of the monitor in the Arkansas portion of the
Memphis, TN-MS-AR Area in compliance with 40 CFR part 58 and have thus
addressed the requirement for monitoring. EPA approved Arkansas'
monitoring plan on November 16, 2015. Mississippi and Tennessee have
made similar commitments in their maintenance
[[Page 7053]]
plans. Mississippi's monitoring plan was approved by EPA on November 7,
2014; whereas Tennessee's monitoring plan was approved by EPA on
January 13, 2015.
e. Verification of Continued Attainment
The State of Arkansas, through ADEQ, has the legal authority to
enforce and implement the maintenance plan for the Arkansas portion of
the Area. This includes the authority to adopt, implement, and enforce
any subsequent emissions control contingency measures determined to be
necessary to correct future ozone attainment problems.
Large stationary sources are required to submit an emissions
inventory annually to ADEQ. ADEQ commits to review these emissions
inventories to determine if any unexpected growth in NOX
emissions in the Area may endanger the maintenance of the 2008 8-hour
ozone NAAQS.
Additionally, under the Consolidated Emissions Reporting Rule
(CERR) and Air Emissions Reporting Requirements (AERR), ADEQ is
required to develop a comprehensive, annual, statewide emissions
inventory every three years that is due twelve to eighteen months after
the completion of the inventory year. The AERR inventory years match
the base year and final year of the inventory for the maintenance plan,
and are within one or two years of the interim inventory years of the
maintenance plan. Therefore, ADEQ commits to compare the CERR and AERR
inventories as they are developed with the maintenance plan to
determine if additional steps are necessary for continued maintenance
of the 2008 8-hour ozone NAAQS in this Area.
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must include a requirement that a state will implement all measures
with respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
In the December 10, 2015, submittal, Arkansas affirms that all
programs instituted by the State and EPA will remain enforceable and
that sources are prohibited from decreasing emissions controls
following the redesignation of the Area. The contingency plan included
in the submittal includes a triggering mechanism to determine when
contingency measures are needed and a process of developing and
implementing appropriate control measures. The primary trigger of the
contingency plan will be a violation of the 2008 8-hour ozone NAAQS
(i.e., when the three-year average of the 4th highest values is equal
to or greater than 0.076 ppm at a monitor in the Area). The trigger
date will be the date that the State observes a 4th highest value that,
when averaged with the two previous ozone seasons' fourth highest
values, would result in a three-year average equal to or greater than
0.076 ppm. The secondary trigger will apply where no actual violation
of the 2008 8-hour ozone NAAQS has occurred, but when ADEQ forecasts
ozone levels above the 2008 8-hour ozone NAAQS.
Once the primary or secondary trigger is activated, the ADEQ, shall
commence analyses including trajectory analyses of high ozone days and
an emissions inventory assessment to determine those emission control
measures that will be required for attaining or maintaining the 2008 8-
hour ozone NAAQS. ADEQ commits \9\ to adopt and implement at least one
of the following contingency measures listed in Table 5 as
expeditiously as practicable, but no later than 24 months after a
primary triggering event.
---------------------------------------------------------------------------
\9\ On January 20, 2016, ADEQ clarified ADEQ's commitment is to
adopt and implement contingency measures upon a violation-triggering
event if it is determined that the violation is caused by a source
or sources within Crittenden County. Clarification Letter from
Stuart Spencer to Ron Curry, January 20, 2016 (Clarification
Letter). A copy is contained in the docket for this rulemaking.
Table 5--Crittenden County Contingency Measure Options
------------------------------------------------------------------------
-------------------------------------------------------------------------
Reasonable Available Control Technology (RACT) for VOC and NOX
sources;
Anti-idling ordinances;
Open burning restrictions during peak ozone season;
Diesel retrofit/replacement incentives;
Programs or incentives to decrease motor vehicle use;
Trip reduction ordinances;
Requirements for additional emissions reductions from
stationary sources;
Enhancement of inspection of stationary sources to ensure
emissions control equipment is functioning properly;
Fuel programs, including incentives for alternative fuels;
Employer-based transportation management plans, including
incentives;
Limitation/restriction of vehicle use in downtown areas, or
other areas of high emissions concentration, particularly during
periods of peak use;
New construction and major reconstruction of paths for use by
pedestrians or by non-motorized vehicles when economically feasible and
in the public interest; and
Other currently unspecified control measures that might prove
to be advantageous.
------------------------------------------------------------------------
EPA proposes to conclude that the maintenance plan adequately
addresses the five basic components of a maintenance plan: The
attainment emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan.
Therefore, EPA proposes that the maintenance plan SIP revision
submitted by Arkansas for the State's portion of the Area meets the
requirements of section 175A of the CAA and is approvable.
VI. What is EPA's analysis of Arkansas' proposed NOX and VOC
MVEBs for the Arkansas portion of the area?
Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for
[[Page 7054]]
nonattainment areas. These control strategy SIPs, including maintenance
plans, create MVEBs (or in this case sub-area MVEBs) for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. The MVEB is the portion of the total allowable emissions in
the maintenance demonstration that is allocated to highway and transit
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a
ceiling on emissions from an area's planned transportation system. The
MVEB concept is further explained in the preamble to the November 24,
1993, Transportation Conformity Rule (58 FR 62188). The preamble also
describes how to establish the MVEB in the SIP and how to revise the
MVEB.
As part of the interagency consultation process on setting MVEBs,
ADEQ held discussions to determine what years to set MVEBs for the
Memphis, TN-MS-AR maintenance plan. According to the transportation
conformity rule, a maintenance plan must establish MVEBs for the last
year of the maintenance plan (in this case, 2027). See 40 CFR 93.118.
Arkansas also provided MVEBs for 2012. Table 6 below provides the
NOX and VOC MVEBs in tpd for 2012 and 2027, as reflected in
Section 4.2, Table 6 of the State's submittal.
Table 6--Arkansas' Portion of the Memphis, TN-MS-AR Area MVEBs
[tpd]
----------------------------------------------------------------------------------------------------------------
2012 2027
---------------------------------------------------------------
NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
Base Emissions.................................. 13.04 2.35 5.18 0.98
Safety Margin Allocated to MVEB................. N/A N/A 6.29 1.10
Conformity MVEB................................. 13.04 2.35 11.47 2.08
----------------------------------------------------------------------------------------------------------------
As mentioned above, Arkansas has chosen to allocate a portion of
the available safety margin to the NOX and VOC MVEBs for
2027. As discussed in section V of this proposed rulemaking, a safety
margin is the difference between the attainment level of emissions
(from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which the area met
the NAAQS. As discussed above, Arkansas has selected 2012 as the base
year.
Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and VOC for 2012 and 2027 for the Arkansas portion of
the Memphis, TN-MS-AR Area because EPA believes that the Area maintains
the 2008 8-hour ozone NAAQS with the emissions at the levels of the
budgets. Once the MVEBs for the Arkansas portion of the Memphis, TN-MS-
AR Area are approved or found adequate (whichever is completed first),
they must be used for future conformity determinations.
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the Arkansas portion of the
area?
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. The
adequacy process, as described below, is generally faster than approval
of the controls strategy revision thus allowing submitted MVEBs to be
used sooner. EPA is evaluating the adequacy of the submitted MVEBs in
parallel to this proposed approval action on the redesignation request
and maintenance plan. Once EPA affirmatively finds the submitted MVEB
is adequate for transportation conformity purposes, that MVEB must be
used by state and Federal agencies in determining whether proposed
transportation projects conform to the SIP as required by section
176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional
information on the adequacy process for transportation conformity
purposes is available in the proposed rule entitled, ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Arkansas' maintenance plan includes
NOX and VOC MVEBs for the Arkansas portion of the Memphis,
TN-MS-AR Area for 2012 as well as 2027, the last year of the
maintenance plan. EPA is reviewing the NOX and VOC MVEBs
through the adequacy process. The NOX and VOC MVEBs for the
Arkansas portion of the Memphis, TN-MS-AR Area, opened for public
comment on EPA's adequacy Web site on December 16, 2015, found at:
https://www3.epa.gov/otaq/stateresources/transconf/currsips.htm.
EPA intends to make its determination on the adequacy of the 2012
and 2027 MVEBs for the Arkansas portion of the Memphis, TN-MS-AR Area
for transportation conformity purposes in the near future by completing
the adequacy process that was started on December 16, 2015. After EPA
finds the 2012 and 2027 MVEBs adequate or approves them, the new MVEBs
for NOX and VOC must be used for future transportation
conformity determinations. For required regional emissions analysis
years between 2012 and 2027, the applicable budgets will be the new
2012 MVEBs established in the maintenance plan, as defined in section
VI of this proposed rulemaking. For analysis years 2027 and beyond, the
applicable budgets will be the new 2027 MVEBs established in the
maintenance plan.
VIII. What is the effect of EPA's proposed actions?
EPA's proposed actions establish the basis upon which EPA may take
final
[[Page 7055]]
action on the issues being proposed for approval today. Approval of
Arkansas' redesignation request would change the legal designation of
the portion of Crittenden County that is within the Memphis, TN-MS-AR
Area, as found at 40 CFR part 81, from nonattainment to attainment for
the 2008 8-hour ozone NAAQS. Approval of Arkansas' associated SIP
revision would also incorporate a plan for maintaining the 2008 8-hour
ozone NAAQS in the Memphis, TN-MS-AR Area through 2027 into the SIP.
This maintenance plan includes contingency measures to remedy any
future violations of the 2008 8-hour ozone NAAQS and procedures for
evaluation of potential violations. The maintenance plan also
establishes NOX and VOC MVEBs for 2012 and 2027 for the
Arkansas portion of the Memphis, TN-MS-AR Area. The MVEBs are listed in
Table 6 in section VI. Additionally, EPA is notifying the public of the
status of EPA's adequacy determination for the newly-established
NOX and VOC MVEBs for 2012 and 2027 for the Arkansas portion
of the Memphis, TN-MS-AR Area.
IX. Proposed Actions
EPA is taking three separate but related actions regarding the
redesignation and maintenance of the 2008 8-hour ozone NAAQS for the
Arkansas portion of the Memphis, TN-MS-AR Area. EPA is proposing to
determine that the entire Memphis, TN-MS-AR Area is attaining the 2008
8-hour ozone NAAQS. EPA is also proposing to approve the maintenance
plan (including the Clarification Letter) for the Arkansas portion of
the Area, including the NOX and VOC MVEBs for 2012 and 2027,
into the Arkansas SIP (under CAA section 175A). The maintenance plan
demonstrates that the Area will continue to maintain the 2008 8-hour
ozone NAAQS through 2027 and that the budgets meet all of the adequacy
criteria contained in 40 CFR 93.118(e)(4) and (5). Further, as part of
today's action, EPA is describing the status of its adequacy
determination for the NOX and VOC MVEBs for 2012 and 2027 in
accordance with 40 CFR 93.118(f)(2). Within 24 months from the
effective date of EPA's adequacy determination for the MVEBs or the
publication date for the final rule for this action, whichever is
earlier, the transportation partners will need to demonstrate
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR
93.104(e)(3).
Additionally, EPA is proposing to determine that the Arkansas
portion of the Memphis, TN-MS-AR Area has met the criteria under CAA
section 107(d)(3)(E) for redesignation from nonattainment to attainment
for the 2008 8-hour ozone NAAQS. On this basis, EPA is proposing to
approve Arkansas' redesignation request for the Arkansas portion of the
Memphis, TN-MS-AR Area. If finalized, approval of the redesignation
request would change the official designation of the portion of
Crittenden County that is within the Memphis, TN-MS-AR Area, as found
at 40 CFR part 81, from nonattainment to attainment for the 2008 8-hour
ozone NAAQS.
X. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For this reason, these
proposed actions:
Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 27, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-02567 Filed 2-9-16; 8:45 am]
BILLING CODE 6560-50-P
