Air Plan Approval; Tennessee: Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, Tennessee, 7483-7489 [2016-02844]
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List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
1126 to read as follows:
■
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§ 100.501–T05–1126 Special Local
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(a) Regulated area. The following
location is a regulated area: All
navigable waters of the Chesapeake Bay
between and adjacent to the spans of the
William P. Lane Jr. Memorial Bridges
from shoreline to shoreline, bounded to
the north by a line drawn parallel and
500 yards north of the north bridge span
that originates from the western
shoreline at latitude 39°00′36″ N.,
longitude 076°23′05″ W., and thence
eastward to the eastern shoreline at
latitude 38°59′14″ N., longitude
076°20′00″ W., and bounded to the
south by a line drawn parallel and 500
yards south of the south bridge span
that originates from the western
shoreline at latitude 39°00′16″ N.,
longitude 076°24′30″ W., and thence
eastward to the eastern shoreline at
latitude 38°58′38.5″ N., longitude
076°20′06″ W. All coordinates reference
Datum NAD 1983.
(b) Definitions. (1) Captain of the Port
Baltimore means the Commander, U.S.
Coast Guard Sector Baltimore, Maryland
or any Coast Guard commissioned,
warrant or petty officer who has been
authorized by the Captain of the Port to
act on his behalf.
(2) Coast Guard Patrol Commander
means a commissioned, warrant, or
petty officer of the U.S. Coast Guard
who has been designated by the
Commander, Coast Guard Sector
Baltimore.
(3) Official Patrol means any vessel
assigned or approved by Commander,
Coast Guard Sector Baltimore with a
commissioned, warrant, or petty officer
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on board and displaying a Coast Guard
ensign.
(4) Participant means all persons and
vessels participating in the Bay Bridge
Paddle event under the auspices of the
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sponsor and approved by Commander,
Coast Guard Sector Baltimore.
(c) Special local regulations: (1) The
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels and persons, including event
participants, in the regulated area.
When hailed or signaled by an official
patrol, a vessel or person in the
regulated area shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both. The Coast Guard Patrol
Commander may terminate the event, or
the operation of any support vessel
participating in the event, at any time it
is deemed necessary for the protection
of life or property.
(2) Except for participants and vessels
already at berth, mooring, or anchor, all
persons and vessels within the regulated
area at the time it is implemented are to
depart the regulated area.
(3) Persons desiring to transit the
regulated area must first obtain
authorization from the Captain of the
Port Baltimore or Coast Guard Patrol
Commander. Prior to the enforcement
period, to seek permission to transit the
area, the Captain of the Port Baltimore
can be contacted at telephone number
410–576–2693 or on Marine Band
Radio, VHF–FM channel 16 (156.8
MHz). During the enforcement period,
to seek permission to transit the area,
the Coast Guard Patrol Commander can
be contacted on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz) for
direction.
(4) The Coast Guard may be assisted
in the patrol and enforcement of the
regulated area by other Federal, State,
and local agencies. The Coast Guard
Patrol Commander and official patrol
vessels enforcing this regulated area can
be contacted on marine band radio
VHF–FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz).
(5) The Coast Guard will publish a
notice in the Fifth Coast Guard District
Local Notice to Mariners and issue a
marine information broadcast on VHF–
FM marine band radio announcing
specific event date and times.
(d) Enforcement period. This section
will be enforced from 7:30 a.m. until
12:30 p.m. on May 14, 2016, and if
necessary, due to inclement weather,
from 7:30 a.m. until 12:30 p.m. on May
15, 2016.
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7483
Dated: January 29, 2016.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2016–02814 Filed 2–11–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0250; FRL–9942–16–
Region 4]
Air Plan Approval; Tennessee:
Removal of I/M Program in Memphis
and Revisions to the 1997 8-Hour
Ozone Maintenance Plan for Shelby
County, Tennessee
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the State of Tennessee’s May 23, 2014,
State Implementation Plan (SIP)
revision, submitted through the
Tennessee Department of Environment
and Conservation (TDEC) on behalf of
the Shelby County Health Department
(SCHD), seeking to modify the SIP by
removing the Inspection and
Maintenance (I/M) program in the City
of Memphis, Tennessee, and by
incorporating Shelby County’s revised
maintenance plan for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS). Among other
things, the revised maintenance plan
updates the emissions inventory
estimates and the motor vehicle
emissions budgets (MVEBs) for the years
2006 and 2021 and contains an
emissions reduction measure to offset
the emissions increase expected from
the termination of City of Memphis I/M
program. EPA has preliminarily
determined that Tennessee’s May 23,
2014, SIP revision is consistent with the
applicable provisions of the Clean Air
Act (CAA or Act).
DATES: Written comments must be
received on or before March 14, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2014–0250 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2014–0250,
Air Regulatory Management Section, Air
Planning and Implementation Branch,
SUMMARY:
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Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2014–
0250. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
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material, such as copyrighted material,
is not placed on the Internet and will be
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form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Mr. Wong
may be reached by phone at (404) 562–
8726 or via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is being proposed?
II. What is the background of the Shelby
County Maintenance area?
III. What are the requirements of CAA
Sections 110(l) and 193?
IV. What is EPA’s analysis of
Tennessee’s submittal and request?
V. Proposed Action
VI. Statutory and Executive Order
Reviews
I. What is being proposed?
EPA is proposing to approve
Tennessee’s May 23, 2014, SIP revision
seeking to remove the City of Memphis
I/M program from the SIP and to
incorporate Shelby County’s revised
maintenance plan for the 1997 8-hour
ozone NAAQS into the SIP.1 The
maintenance plan includes, among
other things, an emissions reduction
measure to offset the emissions increase
expected from the termination of City of
Memphis I/M program as well as
revised emission inventory estimates
1 The contingency measures portion of Shelby
County’s maintenance plan for the 1997 8-hour
ozone NAAQS, as incorporated into the SIP,
includes the implementation of an I/M program in
Shelby County as a contingency measure should a
monitored violation of the 1997 8-hour ozone
NAAQS occur in the former Memphis, TN–AR
nonattainment area. The proposed SIP revision will
not remove the I/M program from the contingency
measures in the SIP-approved maintenance plan.
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and revised MVEBs based upon new
modeling associated with the
termination of the I/M program and the
inclusion of the offset measure. The SIP
revision also contains a technical
demonstration that the requested
removal of the I/M program will not
interfere with attainment or
maintenance of any NAAQS or with any
other applicable requirement of the
CAA.
II. What is the background of the
Shelby County maintenance area?
Shelby County was designated as
nonattainment for the carbon monoxide
(CO) NAAQS on March 3, 1978. See 43
FR 8962. Local transportation sources in
the City of Memphis were identified as
the prime contributors to monitored CO
violations in Shelby County at that time.
The City of Memphis I/M program was
adopted as a control strategy to attain
the CO NAAQS.
On July 26, 1994 (59 FR 37939), EPA
redesignated Shelby County to
attainment for the CO standard and
approved the initial 10-year CO
maintenance plan for Shelby County.
Subsequently, further improvements in
automotive technology led to a
consistent reduction in locally
monitored levels of CO. On October 25,
2006, EPA approved the required
second 10-year CO maintenance plan
which demonstrated that I/M was no
longer needed to maintain the CO
NAAQS. See 71 FR 62384.
On April 30, 2004, EPA designated
Shelby County, Tennessee, and
Crittenden County, Arkansas, as
nonattainment for the 1997 8-hour
ozone NAAQS, with a classification of
‘moderate’ (hereinafter collectively
referred to as the ‘‘Memphis 1997 8hour Ozone Area’’). See 69 FR 23858.
Under CAA section 182(b)(4), moderate
ozone nonattainment areas with a
census-defined urbanized area
population over a given threshold are
required to adopt basic I/M as part of
the required SIP.
Following the initial designations for
the 1997 8-hour ozone standard, Shelby
County, the State of Tennessee,
Crittenden County, and the State of
Arkansas adopted additional measures
to control ozone-forming emissions in
the region and petitioned EPA to use its
discretion under CAA section 181(a)(4)
to reclassify the area from moderate to
marginal. On September 22, 2004, EPA
granted the petition to reclassify the
area, which removed the SIP planning
requirements mandated of moderate
ozone nonattainment areas, including
the adoption of a mandatory I/M
program, and reset the attainment
deadline to June 15, 2007. See 69 FR
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56697. The Area failed to attain the
1997 8-hour ozone NAAQS by the
marginal area attainment deadline.
Consequently, on March 28, 2008, EPA
reclassified the Area as a moderate
nonattainment area. See 73 FR 16547.
This reclassification reset the attainment
deadline to June 15, 2010, with an
attainment plan SIP revision due on
March 1, 2009, to address all CAA
requirements for a moderate ozone
nonattainment area, including an I/M
program in Shelby County pursuant to
CAA section 184(b)(4).
The end of the 2008 ozone monitoring
season resulted in a design value for the
Memphis 1997 8-hour Ozone Area that
met the NAAQS. Tennessee,
Mississippi, and Arkansas prepared
separate, but coordinated, redesignation
requests and maintenance plans for
their respective portions of the Area.
Tennessee, on behalf of Shelby County,
submitted the redesignation request and
maintenance plan for its portion of the
1997 8-hour Ozone Area to EPA on
February 26, 2009, prior to the
attainment plan SIP revision due date.
EPA approved Tennessee’s
redesignation request and maintenance
plan on January 4, 2010. See 75 FR 56.
Although there was no longer a
mandatory requirement to implement I/
M in Shelby County under section
184(b)(4) of the CAA, the City of
Memphis continued to operate its I/M
program, and the SIP-approved
maintenance plan for the 1997 8-hour
ozone NAAQS includes the
implementation of a basic I/M program
in Shelby County as a contingency
measure in the event that the 1997 8hour ozone NAAQS is violated in the
1997 8-hour Ozone Area after
redesignation. In mid-2012, the
Memphis City Council voted to defund
the City of Memphis I/M program
beginning with Fiscal Year 2013/2014.
Vehicle inspection operations at all four
City of Memphis inspection stations
ended on June 28, 2013. Tennessee’s
May 23, 2014, SIP submission addresses
the termination of this program.
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). EPA designated
Shelby County; Crittenden County,
Arkansas; and a portion of Desoto
County, Mississippi, as a marginal
nonattainment area for the 2008 8-hour
ozone NAAQS on April 30, 2012
(effective July 20, 2012) (hereinafter
collectively referred to as the ‘‘Memphis
2008 8-hour Ozone Area’’). See 77 FR
30088 (May 21, 2012). Currently,
monitoring data for the Memphis 2008
8-hour Ozone Area indicates that the
Area has attaining data for the 2008 8-
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hour ozone NAAQS. As noted
previously, marginal ozone
nonattainment areas are not required to
adopt an I/M program.
III. What are the requirements of CAA
Sections 110(l) and 193?
Section 110(l) of the CAA requires
that a revision to the SIP not interfere
with any applicable requirement
concerning attainment and reasonable
further progress (RFP) (as defined in
section 171), or any other applicable
requirement of the Act. Tennessee’s
May 23, 2014, SIP revision includes a
demonstration that the requested
actions comply with section 110(l) of
the CAA. EPA evaluates each section
110(l) noninterference demonstration on
a case-by-case basis considering the
circumstances of each SIP revision.
EPA interprets 110(l) as applying to
SIP revisions for all areas of the country,
whether attainment, nonattainment,
unclassifiable, or maintenance for one
or more of the six criteria pollutants.2
EPA also interprets section 110(l) to
require a demonstration addressing all
criteria pollutants whose emissions and/
or ambient concentrations may change
as a result of the SIP revision. The
degree of analysis focused on any
particular NAAQS varies depending on
the nature of the emissions associated
with the proposed SIP revision.
In nonattainment areas, EPA will
generally not approve a SIP revision
under 110(l) that allows additional
emissions of pollutants for which the
area is designated nonattainment in the
absence of equivalent emissions
reductions or an attainment
demonstration addressing the proposed
changes to the SIP. ‘‘Equivalent’’
emissions reductions are reductions that
are equal to or greater than those
reductions achieved by the control
measure approved in the SIP. To show
that compensating emissions reductions
are equivalent, adequate justification
must be provided. The compensating,
equivalent reductions must represent
actual emissions reductions achieved in
a contemporaneous time frame to the
change of the existing SIP control
measure in order to preserve the status
quo level of air emissions. If the status
quo is preserved, noninterference is
demonstrated. In addition to being
contemporaneous, the equivalent
emissions reductions must also be
permanent, enforceable, quantifiable,
and surplus.
Section 193 of the CAA prohibits the
modification of control measures in
2 The six NAAQS for which EPA establishes
health and welfare based standards are CO, lead,
NO2, ozone, PM, and SO2.
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7485
effect before November 15, 1990, in a
nonattainment area for any air pollutant
unless the modification insures
equivalent or greater emission
reductions of that pollutant. Shelby
County included a section 193 analysis
in its SIP revision because it requested
removal of the I/M program from the
SIP, because Shelby County is in a
nonattainment area for the 2008 8-hour
ozone NAAQS, and because I/M
programs may impact ozone air quality.3
As discussed in Section IV, Shelby
County included emissions reductions
from the closure of the Cleo, Inc. (Cleo)
facility to offset the estimated increase
in emissions due to the termination of
the City of Memphis I/M program and
to support the State’s analysis of its
requested actions under CAA sections
110(l) and 193 as they relate to the
ozone NAAQS.4
IV. What is EPA’s analysis of
Tennessee’s submittal and request?
Tennessee’s May 23, 2014, SIP
revision seeks to remove the City of
Memphis I/M program from the SIP and
incorporate Shelby County’s revised
maintenance plan for the 1997 8-hour
ozone NAAQS. The maintenance plan
includes, among other things, an
emissions reduction measure to offset
the emissions increase expected from
the termination of City of Memphis I/M
program as well as revised emission
inventory estimates and revised MVEBs
based upon new modeling associated
with the requested removal of the I/M
program and upon the inclusion of an
offset measure.5 The SIP revision also
contains a technical demonstration to
support the State’s analysis of its
requested actions under CAA sections
110(l) and 193. The revised MVEBs are
discussed later on in this document.
a. Non-interference Analyses Related to
the Removal of the City of Memphis I/
M Program
Tennessee’s SIP revision includes an
evaluation of the impact that the
requested removal of the City of
Memphis I/M program would have on
attainment and maintenance of the
NAAQS for each criteria pollutant. This
3 Shelby County is designated nonattainment only
for the 2008 8-hour ozone NAAQS.
4 The Cleo facility was a gift wrap manufacturing
plant and warehouse located at 4025 Viscount
Avenue, Memphis, Tennessee.
5 The other revisions to the maintenance plan are
textual changes addressing the requested removal of
the I/M program, the inclusion of the Cleo facility
offsets, the revised MVEBs and emissions
inventory, and voluntary measures that may
improve ozone air quality in the 1997 8-hour Ozone
Area. These textual changes do not result in
emissions increases and therefore will not interfere
with attainment or maintenance of any NAAQS.
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notice focuses on the ozone and
particulate matter (PM) NAAQS because
the termination of the I/M program is
expected to increase VOC emissions
from on-road mobile sources and
because VOCs are precursors to ozone
and PM.6 7 8 9 The SIP revision includes
revised mobile source emissions
modeling using EPA’s Motor Vehicle
Emission Simulator (MOVES) on-road
mobile source model to estimate the
emissions increases associated with the
termination of the I/M program. As part
of its technical demonstration under
CAA sections 110(l) and 193,
Tennessee’s SIP revision quantifies the
emissions reductions from the closure of
the Cleo, Inc. facility for use as offsets
for the requested removal of the I/M
program from the SIP and includes
those offsets in its revised maintenance
plan for incorporation into the SIP.
i. Non-Interference Analysis for the
Ozone NAAQS
The SIP revision quantifies the
potential emissions increases in NOX
and VOC due to the termination of the
I/M program using MOVES2010b,10 the
most current EPA-approved on-road
emission model at the time that
Tennessee submitted its SIP revision,
with inputs developed by the current
travel demand model (TDM) used by the
Memphis Area Metropolitan Planning
Organization (MPO). Shelby County
chose 2013 as the year for analysis of
the affected change in emissions after
consultation with air quality and
transportation partners, including the
MPO and EPA, because the I/M program
terminated in June 2013.
The 2013 inputs for the MOVES
model were developed by interpolating
TDM results for 2011 and 2015 in order
to use the model to estimate the
emissions increases in 2013 associated
with the termination of the Memphis I/
M program. The results of this modeling
are provided in Table 1:
TABLE 1—ON-ROAD MOBILE SOURCE EMISSIONS COMPARISON FOR THE 2013 OZONE SEASON
No I/M
With I/M
tons/day
tons/day
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VOC .................................................................................................................
NOX ..................................................................................................................
13.609
29.652
13.257
29.652
Change
tons/day
0.352
0.000
percentage
2.66
0.00
maintenance of the PM2.5 NAAQS
because the PM2.5 design values for the
Area are below the PM2.5 NAAQS; VOC
emissions are projected to decline
through 2021 without the I/M program;
and the VOC emissions reductions from
the shutdown of the Cleo facility offset
the projected VOC emissions increases
from the termination of the I/M
program. EPA proposes to agree with
the County’s technical demonstration.
The County’s on-road mobile source
modeling predicts that the termination
of the City of Memphis I/M program
will increase 2013 ozone season VOC by
approximately 0.352 tons per ozone
season day and will not increase NOX
emissions. Therefore, the SIP revision
includes VOC emissions reductions that
offset 128.48 tons per year (tpy) (0.352
tons per day (tpd) multiplied by 365
days per year).11
Tennessee’s SIP revision seeks to
incorporate the emissions reductions
from the closure of the Cleo facility for
use as offsets for the termination of the
I/M program. The company ceased
operation in 2011 and submitted a letter
to Shelby County on January 4, 2012,
requesting termination of its Title V air
permit effective at the end of 2011,
making the reductions permanent and
enforceable. SCHD issued a Title V
termination letter on April 3, 2012.
Shelby County quantified the emissions
reductions associated with the Cleo
facility shutdown by averaging the
certified annual emissions reported by
the facility to the County in 2009 and
2010, the last two full years of
operation. In 2009 and 2010, Cleo
reported and paid air pollution fees on
actual VOC emissions of 239.1 tons and
254.5 tons, respectively, resulting in an
annual average of 246.8 tpy (0.676 tpd
across the calendar year). During the
same operational period, Cleo averaged
1.09 tpy of NOX emissions (0.003 tpd
across the calendar year). Shelby County
banked the Cleo shutdown emissions
reductions for use as industrial
permitting offsets in the Memphis 2008
8-hour Ozone Area and has elected to
remove 0.387 tpd (0.352 tpd multiplied
by the 1.1:1 offset ratio in CAA section
182(a)(4)) of these shutdown VOC
emissions reductions from the bank to
offset the estimated VOC emissions
increase resulting from the termination
of the I/M Program. EPA proposes to
agree with the County’s technical
demonstration.
ii. Non-Interference Analysis for the PM
NAAQS
Shelby County evaluated the potential
for the requested removal of the I/M
program to interfere with maintenance
of the PM NAAQS in the County
because studies have shown that VOCs
can be a precursor to PM in certain
chemical and meteorological
circumstances. The County concluded
that the termination of the I/M program
would not interfere with attainment or
b. 1997 8-Hour Ozone NAAQS
Maintenance Plan—Emissions Inventory
Update
The revised maintenance plan
included in Tennessee’s SIP revision
contains an updated emissions
inventory with emissions projections
that account for the termination of the
I/M program and the closure of the Cleo
facility. Shelby County emissions for
2021 remain the same as those provided
in the Shelby County 1997 8-hour
Ozone Maintenance Plan approved by
EPA on January 4, 2010 (75 FR 56), with
the exception of on-road mobile and
point source emissions. On-road
emissions for 2006 and 2021 in the
revised maintenance plan were
remodeled using MOVES2010b, and
they replace the on-road emissions
6 EPA redesignated Shelby County to attainment
for the CO NAAQS in 1994. See 59 FR 37939. On
October 25, 2006, EPA approved the second tenyear CO maintenance plan for the Memphis/Shelby
County CO Maintenance Area with a 2017 CO
safety margin of 480.69 tpd that did not include the
I/M program and concluded that the I/M program
is not necessary for maintenance of the CO
standard. See 71 FR 62384.
7 Sulfur dioxide (SO ) is emitted from motor
2
vehicles, but the amount emitted is a function of the
sulfur content of the fuel being combusted. Because
the I/M program did not address fuel composition,
its termination has no impact on SO2 emissions.
8 The termination of the I/M program will have
no impact on lead emissions because lead is no
longer blended into on-road motor fuel.
9 On February 17, 2012, EPA designated all
counties in Tennessee as unclassifiable/attainment
for the 2010 NO2 NAAQS. See 77 FR 9532. NO2 is
a subset of NOX, and as shown in the mobile source
modeling, termination of the I/M program does not
increase NOX emissions.
10 Shelby County’s 2010b MOVES modeling
conforms with EPA’s modeling guidance at the time
of the SIP submittal.
11 Using an annual average provides a more
conservative estimate for the total amount of
emissions reductions needed as an offset.
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estimates derived from the previous
model, MOBILE6.2. The MOVES model
includes the road class VMT as an input
file and generates on-road mobile source
emissions estimates that take into
consideration expected Federal tailpipe
standards, fleet turnover, and new fuels.
The MOVES modeling accounts for the
termination of the I/M program in 2013.
Point source emissions for 2006
remain the same; however, Tennessee
adjusted the 2021 point source
emissions for VOCs and NOX from the
2010 1997 8-hour Ozone Maintenance
Plan by including the emissions
reductions resulting from the closure of
the Cleo facility. The change in
emissions for on-road and point source
is reflected in Table 2, and projections
for on-road mobile, point, area, and nonroad mobile sources are presented in
Table 3. The revised maintenance
inventory demonstrates that future
emissions of VOCs and NOX through
2021 will remain below those in base
year 2006, thereby indicating that
Shelby County will continue to
maintain the 1997 8-hour ozone NAAQS
through the end of the maintenance
plan period.
TABLE 2—CHANGE IN NOX AND VOC EMISSIONS INVENTORY
[Ozone season tons per day]
VOC
Type inventory
Year
On-road
Point
2006
2021
¥1.23
¥2.80
No change
¥0.676
2006
2021
Base year ...........................................................................................................................................
Projection ...........................................................................................................................................
2.14
¥0.96
No change
¥0.003
NOX
Base year ...........................................................................................................................................
Projection ...........................................................................................................................................
TABLE 3—NOX AND VOC EMISSIONS INVENTORY
[Ozone season tons per day]
VOC
Type inventory
Base year .....................
Projection .....................
Year
Area
2006
2021
Non-road
37.531
47.039
On-road *
22.698
19.734
Point **
Total
Baseline
23.986
8.558
13.665
17.715
97.880
93.046
97.880
97.880
58.013
16.035
14.458
18.373
101.229
58.710
101.229
101.229
NOX
Base year .....................
Projection .....................
2006
2021
2.101
2.695
26.657
21.607
* 2006 on-road emissions include emissions reductions from the City of Memphis I/M program, and the 2021 on-road emissions projections include emissions increases from the termination of the City of Memphis I/M program.
** The 2021 point source projections for VOC and NOX account for the shutdown of the Cleo facility and have been reduced from the 2021
VOC and NOX point source projections in the 2010 maintenance plan by 0.676 tpd and 0.003 tpd, respectively.
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c. What are the Revised MVEBs?
Tennessee’s May 23, 2014,
maintenance plan revision updates the
MVEBs for 2006 and 2021 using on-road
mobile source emissions estimates from
MOVES and removes the MVEBs for
2009 and 2017. The revised 2021 MVEB
accounts for the termination of the I/M
program and the shutdown of the Cleo
facility. These budgets are used by
transportation authorities to assure that
transportation plans, programs, and
projects are consistent with, and
conform to, the maintenance of
acceptable air quality in the Memphis
1997 8-hour Ozone 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
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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.
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Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans for
nonattainment areas. These control
strategy SIPs (including RFP and
attainment demonstration) and
maintenance plans create MVEBs for
criteria pollutants and/or their
precursors to address pollution from
cars and trucks. Per 40 CFR part 93, a
MVEB must be established for the last
year of the maintenance plan. A state
may adopt MVEBs for other years as
well. The MVEB is the portion of the
total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
The MVEB serves as a ceiling on
emissions from an area’s planned
transportation system. The MVEB
concept is further explained in the
preamble to the November 24, 1993,
Transportation Conformity Rule (58 FR
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62188). The preamble also describes
how to establish the MVEB in the SIP
and how to revise the MVEB.
According to 40 CFR 93.118, a
maintenance plan must establish
MVEBs for the last year of the
maintenance plan (in this case, 2021).
The updated MVEBs in the revised
maintenance plan for the 1997 8-hour
ozone NAAQS are for the base year
(2006) and the last year of the first 10year maintenance plan (2021). The 2021
MVEB reflects the total on-road mobile
source emissions for 2021 plus an
allocation from the available VOC and
NOX safety margins. The MVEBs are
presented in Table 4.
Shelby County allocated 4.224 tpd of
the available VOC safety margin and
40.393 tpd of the available NOX safety
margin to the 2021 MVEBs. The
remaining safety margin in 2021 for
VOC is 0.223 tpd and for NOX is 2.126
tpd. The allocation from the safety
margins is available because of
reductions of VOC and NOX that have
occurred, and are projected to occur
through 2021, primarily from mobile
sources. VOC and NOX reductions are
anticipated from non-road mobile
source categories, but not to the extent
that they occur in the on-road source
category. VOC reductions from area
sources are also anticipated to occur due
to control techniques instituted on a
TABLE 4—SHELBY COUNTY VOC AND federal level on industrial
manufacturing activities. However,
NOX MVEBS
future population increases act to
(Ozone season tons per day)
balance area source reductions such that
there is a net increase in VOC emissions
2006
2021
in this source category.
NOX ..........
58.013
56.428
The MVEB is constrained to assure
VOC ..........
23.986
12.782 that the total emissions from all source
categories do not exceed the 2006
The previously approved 1997 8-hour attainment year emissions. The MVEBs
ozone maintenance plan for Shelby
are consistent with the plan for
County contained interim MVEBs for
maintaining total emissions from all
years 2006, 2009, and 2017 in addition
source categories at or below the 2006
to the required maintenance year MVEB VOC and NOX emission levels through
of 2021. The consensus formed during
2021. For future year conformity
the interagency consultation process
determinations, transportation
was that MVEBs should only be set for
authorities must rely on the MVEBs
12 Therefore, the revised
2006 and 2021.
unless plan revisions occur. Through
maintenance plan removes the interim
this rulemaking, EPA is proposing to
budgets for years 2009 and 2017.
approve the MVEBs for NOX and VOC
Under 40 CFR 93.101, the safety
for 2006 and 2021 for Shelby County
margin is the difference between the
because EPA believes that the County
attainment level and the projected level, maintains the 1997 8-hour ozone
from all sources, of emissions in the
NAAQS with the emissions at the levels
maintenance plan. The attainment level of the budgets. After thorough review,
of emissions is the level of emissions
EPA is proposing to approve the budgets
during one of the years in which Shelby because they are consistent with
County met the 1997 8-hour ozone
maintenance of the 2008 8-hour ozone
NAAQS. The safety margin, in whole or NAAQS through 2021.
in part, can be allocated to the
V. Proposed Action
transportation sector as long as total
emissions from all categories remain
EPA is proposing to approve
below the attainment level.
Tennessee’s May 23, 2014, SIP revision
For the revised 2021 MVEBs, Shelby
that seeks to remove the City of
County allocated ninety-five percent of
Memphis I/M program from the SIP and
the VOC and NOX safety margin
incorporate Shelby County’s revised
13 Specifically,
emissions to the MVEB.
maintenance plan for the 1997 8-hour
ozone NAAQS that includes an
12 The transportation conformity provisions of the
emission reduction measure to offset the
CAA require interagency consultation in the
emission increases associated with the
development of MVEBs. The consultation process
requested removal of the I/M program
involves federal agencies (EPA, Federal Highway
Administration, and Federal Transit
from the SIP. The revised maintenance
Administration), state and local transportation
plan also contains updated attainment
agencies, state and local air agencies, and
inventories and updated MVEBs for
metropolitan planning organizations.
NOX and VOC for 2006 and 2021 for
13 Shelby County calculated the NO safety
X
margin by subtracting 2021 projected emissions
Shelby County.
from 2006 baseline emissions and further
subtracting 0.387 tpd to account for the offset
applied to the removal of the City of Memphis I/
M program (i.e., 97.880 tpd (2006 baseline)¥93.046
tpd (2021 projection)¥0.387 tpd (offset applied) =
4.447 tpd (NOX safety margin)).
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VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submittal that
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Sfmt 4702
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, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, October 7,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications 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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016–02844 Filed 2–11–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0751; FRL–9942–06–
Region 9]
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 the person identified in the FOR
FURTHER INFORMATION CONTACT section.
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.
FOR FURTHER INFORMATION CONTACT:
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Nicole Law, EPA Region IX, (415) 947–
4126, Law.Nicole@epa.gov.
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) issued a proposed rule in
the Federal Register on December 2,
2015, proposing to approve a revision to
the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD)
portion of the California State
Implementation Plan (SIP). The
December 2, 2015 proposal provided for
a 30-day public comment period ending
January 4, 2016. One document in the
docket for this proposal was not listed
at www.regulations.gov until after the
comment period had closed. EPA is
reopening the comment period for 15
days to ensure the public has an
opportunity to review and comment on
all material in the docket.
DATES: Any comments must arrive by
February 29, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2015–0751 at
www.regulations.gov, or via email to
steckel.andrew@epa.gov.
For comments submitted at
Regulations.gov, follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
For either manner of submission, the
EPA may publish any comment received
to its public docket. Do not submit
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
SUMMARY:
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This
document reopens the public comment
period established in the proposed rule
published in the Federal Register on
December 2, 2015 (80 FR 75442) (FRL–
9939–64–Region 9). In that document,
EPA solicited comments on a proposed
rule to approve revisions to the
SJVUAPCD’s Rule 4702 (Internal
Combustion Engines) and referenced a
technical support document (TSD)
containing further information about the
rule. Due to an administrative error, the
TSD was not available on
www.regulations.gov until after the
close of the comment period on January
4, 2016. Although EPA did not receive
any public comments on this proposal
or any requests for the TSD, EPA is
reopening the comment period for
another 15 days to ensure that the
public has an opportunity to review and
comment on all material in the docket.
Accordingly, any comments on this
proposed rule must be received on or
before February 29, 2016.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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Fmt 4702
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7489
Dated: February 2, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2016–02845 Filed 2–11–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2015–0855; FRL–9942–14–
Region 10]
Approval and Promulgation of
Implementation Plans; Idaho:
Interstate Transport Requirements for
the 2010 Nitrogen Dioxide National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
submittal by the Idaho Department of
Environmental Quality (Idaho DEQ)
demonstrating that the State
Implementation Plan (SIP) meets certain
interstate transport requirements of the
Clean Air Act (CAA) for the National
Ambient Air Quality Standards
(NAAQS) promulgated for nitrogen
dioxide (NO2) on January 22, 2010.
Specifically, the Idaho DEQ reviewed
monitoring and modeling data to show
that sources within Idaho do not
significantly contribute to
nonattainment, or interfere with
maintenance, of the NO2 NAAQS in any
other state.
DATES: Comments must be received on
or before March 14, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2015–0855 at https://
www.regulations.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, the full
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Proposed Rules]
[Pages 7483-7489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02844]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0250; FRL-9942-16-Region 4]
Air Plan Approval; Tennessee: Removal of I/M Program in Memphis
and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby
County, Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of Tennessee's May 23, 2014, State Implementation
Plan (SIP) revision, submitted through the Tennessee Department of
Environment and Conservation (TDEC) on behalf of the Shelby County
Health Department (SCHD), seeking to modify the SIP by removing the
Inspection and Maintenance (I/M) program in the City of Memphis,
Tennessee, and by incorporating Shelby County's revised maintenance
plan for the 1997 8-hour ozone national ambient air quality standards
(NAAQS). Among other things, the revised maintenance plan updates the
emissions inventory estimates and the motor vehicle emissions budgets
(MVEBs) for the years 2006 and 2021 and contains an emissions reduction
measure to offset the emissions increase expected from the termination
of City of Memphis I/M program. EPA has preliminarily determined that
Tennessee's May 23, 2014, SIP revision is consistent with the
applicable provisions of the Clean Air Act (CAA or Act).
DATES: Written comments must be received on or before March 14, 2016.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2014-0250 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2014-0250, Air Regulatory Management Section,
Air Planning and Implementation Branch,
[[Page 7484]]
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0250. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not be publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via
electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is being proposed?
II. What is the background of the Shelby County Maintenance area?
III. What are the requirements of CAA Sections 110(l) and 193?
IV. What is EPA's analysis of Tennessee's submittal and request?
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. What is being proposed?
EPA is proposing to approve Tennessee's May 23, 2014, SIP revision
seeking to remove the City of Memphis I/M program from the SIP and to
incorporate Shelby County's revised maintenance plan for the 1997 8-
hour ozone NAAQS into the SIP.\1\ The maintenance plan includes, among
other things, an emissions reduction measure to offset the emissions
increase expected from the termination of City of Memphis I/M program
as well as revised emission inventory estimates and revised MVEBs based
upon new modeling associated with the termination of the I/M program
and the inclusion of the offset measure. The SIP revision also contains
a technical demonstration that the requested removal of the I/M program
will not interfere with attainment or maintenance of any NAAQS or with
any other applicable requirement of the CAA.
---------------------------------------------------------------------------
\1\ The contingency measures portion of Shelby County's
maintenance plan for the 1997 8-hour ozone NAAQS, as incorporated
into the SIP, includes the implementation of an I/M program in
Shelby County as a contingency measure should a monitored violation
of the 1997 8-hour ozone NAAQS occur in the former Memphis, TN-AR
nonattainment area. The proposed SIP revision will not remove the I/
M program from the contingency measures in the SIP-approved
maintenance plan.
---------------------------------------------------------------------------
II. What is the background of the Shelby County maintenance area?
Shelby County was designated as nonattainment for the carbon
monoxide (CO) NAAQS on March 3, 1978. See 43 FR 8962. Local
transportation sources in the City of Memphis were identified as the
prime contributors to monitored CO violations in Shelby County at that
time. The City of Memphis I/M program was adopted as a control strategy
to attain the CO NAAQS.
On July 26, 1994 (59 FR 37939), EPA redesignated Shelby County to
attainment for the CO standard and approved the initial 10-year CO
maintenance plan for Shelby County. Subsequently, further improvements
in automotive technology led to a consistent reduction in locally
monitored levels of CO. On October 25, 2006, EPA approved the required
second 10-year CO maintenance plan which demonstrated that I/M was no
longer needed to maintain the CO NAAQS. See 71 FR 62384.
On April 30, 2004, EPA designated Shelby County, Tennessee, and
Crittenden County, Arkansas, as nonattainment for the 1997 8-hour ozone
NAAQS, with a classification of `moderate' (hereinafter collectively
referred to as the ``Memphis 1997 8-hour Ozone Area''). See 69 FR
23858. Under CAA section 182(b)(4), moderate ozone nonattainment areas
with a census-defined urbanized area population over a given threshold
are required to adopt basic I/M as part of the required SIP.
Following the initial designations for the 1997 8-hour ozone
standard, Shelby County, the State of Tennessee, Crittenden County, and
the State of Arkansas adopted additional measures to control ozone-
forming emissions in the region and petitioned EPA to use its
discretion under CAA section 181(a)(4) to reclassify the area from
moderate to marginal. On September 22, 2004, EPA granted the petition
to reclassify the area, which removed the SIP planning requirements
mandated of moderate ozone nonattainment areas, including the adoption
of a mandatory I/M program, and reset the attainment deadline to June
15, 2007. See 69 FR
[[Page 7485]]
56697. The Area failed to attain the 1997 8-hour ozone NAAQS by the
marginal area attainment deadline. Consequently, on March 28, 2008, EPA
reclassified the Area as a moderate nonattainment area. See 73 FR
16547. This reclassification reset the attainment deadline to June 15,
2010, with an attainment plan SIP revision due on March 1, 2009, to
address all CAA requirements for a moderate ozone nonattainment area,
including an I/M program in Shelby County pursuant to CAA section
184(b)(4).
The end of the 2008 ozone monitoring season resulted in a design
value for the Memphis 1997 8-hour Ozone Area that met the NAAQS.
Tennessee, Mississippi, and Arkansas prepared separate, but
coordinated, redesignation requests and maintenance plans for their
respective portions of the Area. Tennessee, on behalf of Shelby County,
submitted the redesignation request and maintenance plan for its
portion of the 1997 8-hour Ozone Area to EPA on February 26, 2009,
prior to the attainment plan SIP revision due date.
EPA approved Tennessee's redesignation request and maintenance plan
on January 4, 2010. See 75 FR 56. Although there was no longer a
mandatory requirement to implement I/M in Shelby County under section
184(b)(4) of the CAA, the City of Memphis continued to operate its I/M
program, and the SIP-approved maintenance plan for the 1997 8-hour
ozone NAAQS includes the implementation of a basic I/M program in
Shelby County as a contingency measure in the event that the 1997 8-
hour ozone NAAQS is violated in the 1997 8-hour Ozone Area after
redesignation. In mid-2012, the Memphis City Council voted to defund
the City of Memphis I/M program beginning with Fiscal Year 2013/2014.
Vehicle inspection operations at all four City of Memphis inspection
stations ended on June 28, 2013. Tennessee's May 23, 2014, SIP
submission addresses the termination of this program.
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). EPA
designated Shelby County; Crittenden County, Arkansas; and a portion of
Desoto County, Mississippi, as a marginal nonattainment area for the
2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012)
(hereinafter collectively referred to as the ``Memphis 2008 8-hour
Ozone Area''). See 77 FR 30088 (May 21, 2012). Currently, monitoring
data for the Memphis 2008 8-hour Ozone Area indicates that the Area has
attaining data for the 2008 8-hour ozone NAAQS. As noted previously,
marginal ozone nonattainment areas are not required to adopt an I/M
program.
III. What are the requirements of CAA Sections 110(l) and 193?
Section 110(l) of the CAA requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
reasonable further progress (RFP) (as defined in section 171), or any
other applicable requirement of the Act. Tennessee's May 23, 2014, SIP
revision includes a demonstration that the requested actions comply
with section 110(l) of the CAA. EPA evaluates each section 110(l)
noninterference demonstration on a case-by-case basis considering the
circumstances of each SIP revision.
EPA interprets 110(l) as applying to SIP revisions for all areas of
the country, whether attainment, nonattainment, unclassifiable, or
maintenance for one or more of the six criteria pollutants.\2\ EPA also
interprets section 110(l) to require a demonstration addressing all
criteria pollutants whose emissions and/or ambient concentrations may
change as a result of the SIP revision. The degree of analysis focused
on any particular NAAQS varies depending on the nature of the emissions
associated with the proposed SIP revision.
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\2\ The six NAAQS for which EPA establishes health and welfare
based standards are CO, lead, NO2, ozone, PM, and
SO2.
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In nonattainment areas, EPA will generally not approve a SIP
revision under 110(l) that allows additional emissions of pollutants
for which the area is designated nonattainment in the absence of
equivalent emissions reductions or an attainment demonstration
addressing the proposed changes to the SIP. ``Equivalent'' emissions
reductions are reductions that are equal to or greater than those
reductions achieved by the control measure approved in the SIP. To show
that compensating emissions reductions are equivalent, adequate
justification must be provided. The compensating, equivalent reductions
must represent actual emissions reductions achieved in a
contemporaneous time frame to the change of the existing SIP control
measure in order to preserve the status quo level of air emissions. If
the status quo is preserved, noninterference is demonstrated. In
addition to being contemporaneous, the equivalent emissions reductions
must also be permanent, enforceable, quantifiable, and surplus.
Section 193 of the CAA prohibits the modification of control
measures in effect before November 15, 1990, in a nonattainment area
for any air pollutant unless the modification insures equivalent or
greater emission reductions of that pollutant. Shelby County included a
section 193 analysis in its SIP revision because it requested removal
of the I/M program from the SIP, because Shelby County is in a
nonattainment area for the 2008 8-hour ozone NAAQS, and because I/M
programs may impact ozone air quality.\3\ As discussed in Section IV,
Shelby County included emissions reductions from the closure of the
Cleo, Inc. (Cleo) facility to offset the estimated increase in
emissions due to the termination of the City of Memphis I/M program and
to support the State's analysis of its requested actions under CAA
sections 110(l) and 193 as they relate to the ozone NAAQS.\4\
---------------------------------------------------------------------------
\3\ Shelby County is designated nonattainment only for the 2008
8-hour ozone NAAQS.
\4\ The Cleo facility was a gift wrap manufacturing plant and
warehouse located at 4025 Viscount Avenue, Memphis, Tennessee.
---------------------------------------------------------------------------
IV. What is EPA's analysis of Tennessee's submittal and request?
Tennessee's May 23, 2014, SIP revision seeks to remove the City of
Memphis I/M program from the SIP and incorporate Shelby County's
revised maintenance plan for the 1997 8-hour ozone NAAQS. The
maintenance plan includes, among other things, an emissions reduction
measure to offset the emissions increase expected from the termination
of City of Memphis I/M program as well as revised emission inventory
estimates and revised MVEBs based upon new modeling associated with the
requested removal of the I/M program and upon the inclusion of an
offset measure.\5\ The SIP revision also contains a technical
demonstration to support the State's analysis of its requested actions
under CAA sections 110(l) and 193. The revised MVEBs are discussed
later on in this document.
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\5\ The other revisions to the maintenance plan are textual
changes addressing the requested removal of the I/M program, the
inclusion of the Cleo facility offsets, the revised MVEBs and
emissions inventory, and voluntary measures that may improve ozone
air quality in the 1997 8-hour Ozone Area. These textual changes do
not result in emissions increases and therefore will not interfere
with attainment or maintenance of any NAAQS.
---------------------------------------------------------------------------
a. Non-interference Analyses Related to the Removal of the City of
Memphis I/M Program
Tennessee's SIP revision includes an evaluation of the impact that
the requested removal of the City of Memphis I/M program would have on
attainment and maintenance of the NAAQS for each criteria pollutant.
This
[[Page 7486]]
notice focuses on the ozone and particulate matter (PM) NAAQS because
the termination of the I/M program is expected to increase VOC
emissions from on-road mobile sources and because VOCs are precursors
to ozone and PM.6 7 8 9 The SIP revision includes revised
mobile source emissions modeling using EPA's Motor Vehicle Emission
Simulator (MOVES) on-road mobile source model to estimate the emissions
increases associated with the termination of the I/M program. As part
of its technical demonstration under CAA sections 110(l) and 193,
Tennessee's SIP revision quantifies the emissions reductions from the
closure of the Cleo, Inc. facility for use as offsets for the requested
removal of the I/M program from the SIP and includes those offsets in
its revised maintenance plan for incorporation into the SIP.
---------------------------------------------------------------------------
\6\ EPA redesignated Shelby County to attainment for the CO
NAAQS in 1994. See 59 FR 37939. On October 25, 2006, EPA approved
the second ten-year CO maintenance plan for the Memphis/Shelby
County CO Maintenance Area with a 2017 CO safety margin of 480.69
tpd that did not include the I/M program and concluded that the I/M
program is not necessary for maintenance of the CO standard. See 71
FR 62384.
\7\ Sulfur dioxide (SO2) is emitted from motor
vehicles, but the amount emitted is a function of the sulfur content
of the fuel being combusted. Because the I/M program did not address
fuel composition, its termination has no impact on SO2
emissions.
\8\ The termination of the I/M program will have no impact on
lead emissions because lead is no longer blended into on-road motor
fuel.
\9\ On February 17, 2012, EPA designated all counties in
Tennessee as unclassifiable/attainment for the 2010 NO2
NAAQS. See 77 FR 9532. NO2 is a subset of NOX,
and as shown in the mobile source modeling, termination of the I/M
program does not increase NOX emissions.
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i. Non-Interference Analysis for the Ozone NAAQS
The SIP revision quantifies the potential emissions increases in
NOX and VOC due to the termination of the I/M program using
MOVES2010b,\10\ the most current EPA-approved on-road emission model at
the time that Tennessee submitted its SIP revision, with inputs
developed by the current travel demand model (TDM) used by the Memphis
Area Metropolitan Planning Organization (MPO). Shelby County chose 2013
as the year for analysis of the affected change in emissions after
consultation with air quality and transportation partners, including
the MPO and EPA, because the I/M program terminated in June 2013.
---------------------------------------------------------------------------
\10\ Shelby County's 2010b MOVES modeling conforms with EPA's
modeling guidance at the time of the SIP submittal.
---------------------------------------------------------------------------
The 2013 inputs for the MOVES model were developed by interpolating
TDM results for 2011 and 2015 in order to use the model to estimate the
emissions increases in 2013 associated with the termination of the
Memphis I/M program. The results of this modeling are provided in Table
1:
Table 1--On-Road Mobile Source Emissions Comparison for the 2013 Ozone Season
----------------------------------------------------------------------------------------------------------------
No I/M With I/M Change
---------------------------------------------------------------
tons/day tons/day tons/day percentage
----------------------------------------------------------------------------------------------------------------
VOC............................................. 13.609 13.257 0.352 2.66
NOX............................................. 29.652 29.652 0.000 0.00
----------------------------------------------------------------------------------------------------------------
The County's on-road mobile source modeling predicts that the
termination of the City of Memphis I/M program will increase 2013 ozone
season VOC by approximately 0.352 tons per ozone season day and will
not increase NOX emissions. Therefore, the SIP revision
includes VOC emissions reductions that offset 128.48 tons per year
(tpy) (0.352 tons per day (tpd) multiplied by 365 days per year).\11\
---------------------------------------------------------------------------
\11\ Using an annual average provides a more conservative
estimate for the total amount of emissions reductions needed as an
offset.
---------------------------------------------------------------------------
Tennessee's SIP revision seeks to incorporate the emissions
reductions from the closure of the Cleo facility for use as offsets for
the termination of the I/M program. The company ceased operation in
2011 and submitted a letter to Shelby County on January 4, 2012,
requesting termination of its Title V air permit effective at the end
of 2011, making the reductions permanent and enforceable. SCHD issued a
Title V termination letter on April 3, 2012. Shelby County quantified
the emissions reductions associated with the Cleo facility shutdown by
averaging the certified annual emissions reported by the facility to
the County in 2009 and 2010, the last two full years of operation. In
2009 and 2010, Cleo reported and paid air pollution fees on actual VOC
emissions of 239.1 tons and 254.5 tons, respectively, resulting in an
annual average of 246.8 tpy (0.676 tpd across the calendar year).
During the same operational period, Cleo averaged 1.09 tpy of
NOX emissions (0.003 tpd across the calendar year). Shelby
County banked the Cleo shutdown emissions reductions for use as
industrial permitting offsets in the Memphis 2008 8-hour Ozone Area and
has elected to remove 0.387 tpd (0.352 tpd multiplied by the 1.1:1
offset ratio in CAA section 182(a)(4)) of these shutdown VOC emissions
reductions from the bank to offset the estimated VOC emissions increase
resulting from the termination of the I/M Program. EPA proposes to
agree with the County's technical demonstration.
ii. Non-Interference Analysis for the PM NAAQS
Shelby County evaluated the potential for the requested removal of
the I/M program to interfere with maintenance of the PM NAAQS in the
County because studies have shown that VOCs can be a precursor to PM in
certain chemical and meteorological circumstances. The County concluded
that the termination of the I/M program would not interfere with
attainment or maintenance of the PM2.5 NAAQS because the
PM2.5 design values for the Area are below the
PM2.5 NAAQS; VOC emissions are projected to decline through
2021 without the I/M program; and the VOC emissions reductions from the
shutdown of the Cleo facility offset the projected VOC emissions
increases from the termination of the I/M program. EPA proposes to
agree with the County's technical demonstration.
b. 1997 8-Hour Ozone NAAQS Maintenance Plan--Emissions Inventory Update
The revised maintenance plan included in Tennessee's SIP revision
contains an updated emissions inventory with emissions projections that
account for the termination of the I/M program and the closure of the
Cleo facility. Shelby County emissions for 2021 remain the same as
those provided in the Shelby County 1997 8-hour Ozone Maintenance Plan
approved by EPA on January 4, 2010 (75 FR 56), with the exception of
on-road mobile and point source emissions. On-road emissions for 2006
and 2021 in the revised maintenance plan were remodeled using
MOVES2010b, and they replace the on-road emissions
[[Page 7487]]
estimates derived from the previous model, MOBILE6.2. The MOVES model
includes the road class VMT as an input file and generates on-road
mobile source emissions estimates that take into consideration expected
Federal tailpipe standards, fleet turnover, and new fuels. The MOVES
modeling accounts for the termination of the I/M program in 2013.
Point source emissions for 2006 remain the same; however, Tennessee
adjusted the 2021 point source emissions for VOCs and NOX
from the 2010 1997 8-hour Ozone Maintenance Plan by including the
emissions reductions resulting from the closure of the Cleo facility.
The change in emissions for on-road and point source is reflected in
Table 2, and projections for on-road mobile, point, area, and non-road
mobile sources are presented in Table 3. The revised maintenance
inventory demonstrates that future emissions of VOCs and NOX
through 2021 will remain below those in base year 2006, thereby
indicating that Shelby County will continue to maintain the 1997 8-hour
ozone NAAQS through the end of the maintenance plan period.
Table 2--Change in NOX and VOC Emissions Inventory
[Ozone season tons per day]
----------------------------------------------------------------------------------------------------------------
VOC
-----------------------------------------------------------------------------------------------------------------
Type inventory Year On-road Point
----------------------------------------------------------------------------------------------------------------
Base year...................................... 2006 -1.23 No change
Projection..................................... 2021 -2.80 -0.676
----------------------------------------------------------------------------------------------------------------
NOX
----------------------------------------------------------------------------------------------------------------
Base year...................................... 2006 2.14 No change
Projection..................................... 2021 -0.96 -0.003
----------------------------------------------------------------------------------------------------------------
Table 3--NOX and VOC Emissions Inventory
[Ozone season tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC
---------------------------------------------------------------------------------------------------------------------------------------------------------
Type inventory Year Area Non-road On-road * Point ** Total Baseline
--------------------------------------------------------------------------------------------------------------------------------------------------------
Base year............................... 2006 37.531 22.698 23.986 13.665 97.880 97.880
Projection.............................. 2021 47.039 19.734 8.558 17.715 93.046 97.880
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Base year............................... 2006 2.101 26.657 58.013 14.458 101.229 101.229
Projection.............................. 2021 2.695 21.607 16.035 18.373 58.710 101.229
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 2006 on-road emissions include emissions reductions from the City of Memphis I/M program, and the 2021 on-road emissions projections include emissions
increases from the termination of the City of Memphis I/M program.
** The 2021 point source projections for VOC and NOX account for the shutdown of the Cleo facility and have been reduced from the 2021 VOC and NOX point
source projections in the 2010 maintenance plan by 0.676 tpd and 0.003 tpd, respectively.
c. What are the Revised MVEBs?
Tennessee's May 23, 2014, maintenance plan revision updates the
MVEBs for 2006 and 2021 using on-road mobile source emissions estimates
from MOVES and removes the MVEBs for 2009 and 2017. The revised 2021
MVEB accounts for the termination of the I/M program and the shutdown
of the Cleo facility. These budgets are used by transportation
authorities to assure that transportation plans, programs, and projects
are consistent with, and conform to, the maintenance of acceptable air
quality in the Memphis 1997 8-hour Ozone Area.
Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstration) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. The MVEB is the portion of the total allowable emissions in
the maintenance demonstration that is allocated to highway and transit
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a
ceiling on emissions from an area's planned transportation system. The
MVEB concept is further explained in the preamble to the November 24,
1993, Transportation Conformity Rule (58 FR
[[Page 7488]]
62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB.
According to 40 CFR 93.118, a maintenance plan must establish MVEBs
for the last year of the maintenance plan (in this case, 2021). The
updated MVEBs in the revised maintenance plan for the 1997 8-hour ozone
NAAQS are for the base year (2006) and the last year of the first 10-
year maintenance plan (2021). The 2021 MVEB reflects the total on-road
mobile source emissions for 2021 plus an allocation from the available
VOC and NOX safety margins. The MVEBs are presented in Table
4.
Table 4--Shelby County VOC and NOX MVEBs
(Ozone season tons per day)
------------------------------------------------------------------------
2006 2021
------------------------------------------------------------------------
NOX..................................... 58.013 56.428
VOC..................................... 23.986 12.782
------------------------------------------------------------------------
The previously approved 1997 8-hour ozone maintenance plan for
Shelby County contained interim MVEBs for years 2006, 2009, and 2017 in
addition to the required maintenance year MVEB of 2021. The consensus
formed during the interagency consultation process was that MVEBs
should only be set for 2006 and 2021.\12\ Therefore, the revised
maintenance plan removes the interim budgets for years 2009 and 2017.
---------------------------------------------------------------------------
\12\ The transportation conformity provisions of the CAA require
interagency consultation in the development of MVEBs. The
consultation process involves federal agencies (EPA, Federal Highway
Administration, and Federal Transit Administration), state and local
transportation agencies, state and local air agencies, and
metropolitan planning organizations.
---------------------------------------------------------------------------
Under 40 CFR 93.101, the safety margin is the difference between
the attainment level and the projected level, from all sources, of
emissions in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which Shelby County
met the 1997 8-hour ozone NAAQS. The safety margin, in whole or in
part, can be allocated to the transportation sector as long as total
emissions from all categories remain below the attainment level.
For the revised 2021 MVEBs, Shelby County allocated ninety-five
percent of the VOC and NOX safety margin emissions to the
MVEB.\13\ Specifically, Shelby County allocated 4.224 tpd of the
available VOC safety margin and 40.393 tpd of the available
NOX safety margin to the 2021 MVEBs. The remaining safety
margin in 2021 for VOC is 0.223 tpd and for NOX is 2.126
tpd. The allocation from the safety margins is available because of
reductions of VOC and NOX that have occurred, and are
projected to occur through 2021, primarily from mobile sources. VOC and
NOX reductions are anticipated from non-road mobile source
categories, but not to the extent that they occur in the on-road source
category. VOC reductions from area sources are also anticipated to
occur due to control techniques instituted on a federal level on
industrial manufacturing activities. However, future population
increases act to balance area source reductions such that there is a
net increase in VOC emissions in this source category.
---------------------------------------------------------------------------
\13\ Shelby County calculated the NOX safety margin
by subtracting 2021 projected emissions from 2006 baseline emissions
and further subtracting 0.387 tpd to account for the offset applied
to the removal of the City of Memphis I/M program (i.e., 97.880 tpd
(2006 baseline)-93.046 tpd (2021 projection)-0.387 tpd (offset
applied) = 4.447 tpd (NOX safety margin)).
---------------------------------------------------------------------------
The MVEB is constrained to assure that the total emissions from all
source categories do not exceed the 2006 attainment year emissions. The
MVEBs are consistent with the plan for maintaining total emissions from
all source categories at or below the 2006 VOC and NOX
emission levels through 2021. For future year conformity
determinations, transportation authorities must rely on the MVEBs
unless plan revisions occur. Through this rulemaking, EPA is proposing
to approve the MVEBs for NOX and VOC for 2006 and 2021 for
Shelby County because EPA believes that the County maintains the 1997
8-hour ozone NAAQS with the emissions at the levels of the budgets.
After thorough review, EPA is proposing to approve the budgets because
they are consistent with maintenance of the 2008 8-hour ozone NAAQS
through 2021.
V. Proposed Action
EPA is proposing to approve Tennessee's May 23, 2014, SIP revision
that seeks to remove the City of Memphis I/M program from the SIP and
incorporate Shelby County's revised maintenance plan for the 1997 8-
hour ozone NAAQS that includes an emission reduction measure to offset
the emission increases associated with the requested removal of the I/M
program from the SIP. The revised maintenance plan also contains
updated attainment inventories and updated MVEBs for NOX and
VOC for 2006 and 2021 for Shelby County.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submittal 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, this
proposed action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, October 7, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications 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.
[[Page 7489]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 28, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-02844 Filed 2-11-16; 8:45 am]
BILLING CODE 6560-50-P
