Air Plan Approval and Air Quality Designation; TN; Redesignation of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment, 22948-22960 [2016-08796]
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TABLE 1 TO § 165.1191
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7. San Francisco Independence Day Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location 1 ........................................
Location 2 ........................................
Regulated Area 1 ............................
Regulated Area 2 ............................
The City of San Francisco.
Fireworks Display.
July 4th.
A barge located approximately 1000 feet off San Francisco Pier 39 at approximately 37°48′49″ N.,
122°24′46″ W.
A barge located at the end of the San Francisco Municipal Pier at Aquatic Park at approximately 37°48′39″
N., 122°25′37″ W.
1. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks
display.
2. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks
display.
8. Fourth of July Fireworks, Berkeley Marina
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
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Berkeley Marina.
Fireworks Display.
July 4th.
A barge located near Berkeley Pier at approximately 37°51′40″ N., 122°19′19″ W.
100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement
of the scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.
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22. Monte Foundation Fireworks
Sponsor ...........................................
Event Description ............................
Date .................................................
Location ...........................................
Regulated Area ...............................
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Monte Foundation Fireworks.
Fireworks Display.
Second Saturday in October.
Capitola Pier in Capitola, CA.
1,000-foot safety zone around the navigable waters of the Capitola Pier.
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Dated: March 11, 2016
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2016–09030 Filed 4–18–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
[EPA–R04–OAR–2016–0018; FRL–9945–04–
Region 4]
Air Plan Approval and Air Quality
Designation; TN; Redesignation of the
Shelby County 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
On January 19, 2016, the State
of Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), Air Pollution
SUMMARY:
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Control Division, submitted a request
for the Environmental Protection
Agency (EPA) to redesignate the portion
of Tennessee that is within the
Memphis, Tennessee-MississippiArkansas (Memphis, TN–MS–AR) 2008
8-hour ozone nonattainment area
(hereafter referred to as the ‘‘Tennessee
portion of the Memphis, TN–MS–AR
Area’’ or ‘‘Tennessee portion of the
Area’’) to attainment for the 2008 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) and an associated
State Implementation Plan (SIP)
revision containing a maintenance plan
and a base year emissions inventory for
the Area. EPA is proposing to approve
the base year emissions inventory for
the Tennessee portion of the Area into
the SIP; to determine that the Memphis,
TN–MS–AR Area has attained the 2008
8-hour ozone NAAQS; to approve the
State’s plan for maintaining attainment
of the 2008 8-hour ozone standard in the
Area, including the motor vehicle
emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic
compounds (VOC) for the year 2027 for
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the Tennessee portion of the Area, into
the SIP; and to redesignate the
Tennessee portion of the Area to
attainment for the 2008 8-hour ozone
NAAQS. EPA is also notifying the
public of the status of EPA’s adequacy
determination for the MVEBs for the
Tennessee portion of the Memphis, TN–
MS–AR Area.
Comments must be received on
or before May 19, 2016.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0018, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
ADDRESSES:
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considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Spann can be reached by phone at (404)
562–9029 or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. What are the actions EPA is proposing to
take?
II. What is the background for EPA’s
proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA’s analysis of the
redesignation request and January 19,
2016, SIP submission?
VI. What is EPA’s analysis of Tennessee’s
proposed NOX and VOC MVEBs for the
Tennessee portion of the area?
VII. What is the status of EPA’s adequacy
determination for the proposed NOX and
VOC MVEBs the Tennessee portion of
the area?
VIII. What is the effect of EPA’s proposed
actions?
IX. Proposed Actions.
X. Statutory and Executive Order Reviews
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
four separate but related actions, one of
which involves multiple elements: (1)
To approve the base year emissions
inventory for the 2008 8-hour ozone
NAAQS for the Tennessee portion of the
Area into the Tennessee SIP; (2) to
determine that the Memphis, TN–MS–
AR Area has attained the 2008 8-hour
ozone NAAQS; 1 (3) to approve
1 On August 27, 2015, EPA published a proposed
rulemaking entitled ‘‘Determinations of Attainment
by the Attainment Date, Extensions of the
Attainment Date, and Reclassification of Several
Areas Classified as Marginal for the 2008 Ozone
National Ambient Air Quality Standards’’ where the
Agency has proposed to determine that the
Memphis, TN–MS–AR Area has attained the 2008
8-hour ozone NAAQS by the applicable attainment
date of July 20, 2015, based on 2012–2014
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Tennessee’s plan for maintaining the
2008 8-hour ozone NAAQS
(maintenance plan), including the
associated MVEBs for the Tennessee
portion of the Memphis, TN–MS–AR
Area, into the SIP; and (4) to redesignate
the Tennessee portion of the Memphis,
TN–MS–AR Area to attainment for the
2008 8-hour ozone NAAQS. EPA is also
notifying the public of the status of
EPA’s adequacy determination for the
MVEBs for the Tennessee portion of the
Memphis, TN–MS–AR Area. The
Memphis, TN–MS–AR Area consists of
all of Shelby County in Tennessee, all
of Crittenden County in Arkansas, and
a portion of DeSoto County in
Mississippi. Today’s proposed actions
are summarized below and described in
greater detail throughout this notice of
proposed rulemaking.
Based on the 2008 8-hour ozone
nonattainment designation for the
Memphis, TN–MS–AR Area, Tennessee
was required to develop a
nonattainment SIP revision addressing
certain Clean Air Act (CAA or Act)
requirements. Specifically, pursuant to
CAA section 182(a)(3)(B) and section
182(a)(1), the state was required to
submit a SIP revision addressing
emissions statements and emissions
inventory requirements, respectively,
for its portion of the Area. EPA
approved the emissions statements
requirements for the Tennessee portion
of the Area into the SIP in a separate
action. See 80 FR 11974 (March 5,
2015). Today, EPA is proposing to
determine that the base year emissions
inventory, as submitted in the State’s
January 19, 2016, SIP revision, meets
the requirements of section 182(a)(1) of
the CAA and proposing to approve this
emissions inventory into the SIP.
EPA is making the preliminary
determination that the Memphis, TN–
MS–AR Area has attained the 2008 8hour ozone NAAQS based on recent air
quality data and proposing to approve
Tennessee’s maintenance plan for its
portion of the Memphis, TN–MS–AR
Area as meeting the requirements of
section 175A (such approval being one
of the CAA criteria for redesignation to
attainment status). The maintenance
plan is designed to keep the Memphis,
TN–MS–AR Area in attainment of the
2008 8-hour ozone NAAQS through
2027. The maintenance plan includes
2027 MVEBs for NOX and VOC for the
Tennessee portion of the Memphis, TN–
MS–AR Area for transportation
conformity purposes. EPA is proposing
to approve these MVEBs and
monitoring data. See 80 FR 51992. Any final action
on the August 27, 2015 proposed rule will occur in
a separate rulemaking from today’s proposed action.
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22949
incorporate them into the Tennessee
SIP.
EPA also proposes to determine that
the Tennessee portion of the Memphis,
TN–MS–AR Area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA.
Accordingly, in this action, EPA is
proposing to approve a request to
change the legal designation of Shelby
County, as found at 40 CFR part 81,
from nonattainment to attainment for
the 2008 8-hour ozone NAAQS.
EPA is also notifying the public of the
status of EPA’s adequacy process for the
2027 NOX and VOC MVEBs for the
Tennessee portion of the Memphis, TN–
MS–AR Area. The Adequacy comment
period began on January 27, 2016, with
EPA’s posting of the availability of
Tennessee’s submissions on EPA’s
Adequacy Web site (https://
www3.epa.gov/otaq/stateresources/
transconf/currsips.htm#shelby-cnty).
The Adequacy comment period for
these MVEBs closed on February 26,
2016. No comments, adverse or
otherwise, were received during the
Adequacy comment period. Please see
section VII of this proposed rulemaking
for further explanation of this process
and for more details on the MVEBs.
In summary, today’s notice of
proposed rulemaking is in response to
Tennessee’s January 19, 2016,
redesignation request and associated SIP
submission that address the specific
issues summarized above and the
necessary elements described in section
107(d)(3)(E) of the CAA for
redesignation of the Tennessee portion
of the Memphis, TN–MS–AR Area to
attainment for the 2008 8-hour ozone
NAAQS.
II. What is the background for EPA’s
proposed actions?
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourth
highest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15. Ambient
air quality monitoring data for the 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 P of part 50.
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The Memphis, TN–MS–AR Area was
designated nonattainment for the 2008
8-hour ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008–
2010 ambient air quality data. See 77 FR
30088. At the time of designation, the
Memphis, TN–MS–AR Area was
classified as a marginal nonattainment
area for the 2008 8-hour ozone NAAQS.
In the final implementation rule for the
2008 8-hour ozone NAAQS (SIP
Implementation Rule),2 EPA established
ozone nonattainment area attainment
dates based on Table 1 of section 181(a)
of the CAA. This established an
attainment date three years after the July
20, 2012, effective date for areas
classified as marginal areas for the 2008
8-hour ozone nonattainment
designations. Therefore, the Memphis,
TN-MS-AR Area’s attainment date is
July 20, 2015.
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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
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.
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Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498),
and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton, Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G. T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (hereafter referred to as the ‘‘Calcagni
Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘Technical Support Documents (TSDs)
for Redesignation of Ozone and Carbon
Monoxide (CO) Nonattainment Areas,’’
Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National Ambient
Air Quality Standard,’’ Memorandum from
John S. Seitz, Director, Office of Air Quality
Planning and Standards, May 10, 1995.
IV. Why is EPA proposing these
actions?
On January 19, 2016, the State of
Tennessee, through TDEC, requested
that EPA redesignate the Tennessee
portion of the Memphis, TN–MS–AR
Area to attainment for the 2008 8-hour
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ozone NAAQS and approve the
associated SIP revision submitted on the
same date. EPA’s evaluation indicates
that the entire Memphis, TN–MS–AR
Area has attained the 2008 8-hour ozone
NAAQS and that the Tennessee portion
of the Memphis, TN–MS–AR Area
meets the requirements for
redesignation as set forth in CAA
section 107(d)(3)(E), including the
maintenance plan requirements under
CAA section 175A and associated
MVEBs. Also, based on Tennessee’s
January 19, 2016, submittal, EPA is
proposing to determine that the base
year emissions inventory, included in
Tennessee’s January 19, 2016, submittal,
meets the requirements under CAA
section 182(a)(1). Approval of the base
year emissions inventory is a
prerequisite to redesignating an ozone
nonattainment area to attainment. As a
result of these proposed findings, EPA
is proposing to take the four related
actions summarized in section I of this
notice.
V. What is EPA’s analysis of the
redesignation request and January 19,
2016, SIP submission?
As stated above, in accordance with
the CAA, EPA proposes in today’s
action to: (1) Approve the 2008 8-hour
ozone NAAQS base year emissions
inventory for the Tennessee portion of
the Area into the Tennessee SIP; (2)
determine that the Memphis, TN–MS–
AR Area has attained the 2008 8-hour
ozone NAAQS; (3) approve the 2008 8hour ozone NAAQS maintenance plan,
including the associated MVEBs, into
the Tennessee SIP; and (4) redesignate
the Tennessee portion of the Memphis,
TN–MS–AR Area to attainment for the
2008 8-hour ozone NAAQS.
A. Emission Inventory
Section 182(a)(1) of the CAA requires
states to submit a comprehensive,
accurate, and current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in each
ozone nonattainment area. The section
182(a)(1) base year emissions inventory
is defined in the SIP Requirements Rule
as ‘‘a comprehensive, accurate, current
inventory of actual emissions from
sources of VOC and NOX emitted within
the boundaries of the nonattainment
area as required by CAA section
182(a)(1).’’ See 40 CFR 51.1100(bb). The
inventory year must be selected
consistent with the baseline year for an
RFP plan as required by 40 CFR
51.1110(b),3 and the inventory must
3 40 CFR 51.1110(b) states that ‘‘at the time of
designation for the 2008 ozone NAAQS the baseline
emissions inventory shall be the emissions
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include actual ozone season day
emissions as defined in 40 CFR
51.1100(cc) 4 and contain data elements
consistent with the detail required by 40
CFR part 51, subpart A. See 40 CFR
51.1115(a), (c), (e). In addition, the point
source emissions included in the
inventory must be reported according to
the point source emissions thresholds of
the Air Emissions Reporting
Requirements (AERR) in 40 CFR part 51,
subpart A. See 40 CFR 51.1115(d).
Tennessee selected 2011 as the year
for the CAA section 182(a)(1) emissions
inventory which is the year
corresponding with the first triennial
inventory under 40 CFR part 51, subpart
A. The emissions inventory is based on
data developed and submitted by TDEC
and Shelby County Health Department
to EPA’s 2011 National Emissions
Inventory (NEI), and it contains data
elements consistent with the detail
required by 40 CFR part 51, subpart A.5
Tennessee’s emissions inventory for
its portion of the Area provides 2011
emissions data for NOX and VOCs for
the following general source categories:
Point, area, non-road mobile, and onroad mobile. A detailed discussion of
the inventory development is located in
Attachment VII to Tennessee’s January
19, 2016, SIP submittal which is
provided in the docket for this action.
Table 1, below, provides a summary of
the emissions inventory.
TABLE 1—2011 POINT, AREA, NON-ROAD MOBILE, AND ON-ROAD MOBILE SOURCES EMISSIONS FOR THE TENNESSEE
PORTION OF THE MEMPHIS AREA
[Tons per typical summer day]
Point
Area *
Non-road mobile **
On-road mobile
County
NOX
Shelby County ..................................
VOC
NOX
VOC
NOX
VOC
NOX
VOC
18.30
9.49
4.53
46.88
29.24
15.09
37.90
16.11
* Includes Prescribed Burning.
** Includes nonroad equipment, airports, Commercial Marine Vessels (CMVs), and locomotives.
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The emissions inventory includes all
anthropogenic VOC and NOXsources for
Shelby County, Tennessee. NOx and
VOC emissions were calculated for a
typical summer July day, taking into
account the seasonal adjustment factor
for summer operations. More detail on
the inventory emissions for individual
sources categories is provided below
and in Attachment VII to Tennessee’s
January 19, 2016, SIP submittal.
Point sources are large, stationary,
identifiable sources of emissions that
release pollutants into the atmosphere.
The inventory contains point source
emissions data for facilities located
within Shelby County based on the
Shelby County, Tennessee, Emissions
Inventory Questionnaire (EIQ) which is
an annual emissions inventory survey
conducted by the Shelby County Health
Department. Each facility was required
to update the data through the EIQ with
information for the requested year and
return the updated data to Shelby
County Health Department.
Area sources are small emission
stationary sources which, due to their
large number, collectively have
significant emissions (e.g., dry cleaners,
service stations). Emissions for these
sources were estimated by multiplying
an emission factor by such indicators of
collective emissions activity as
production, number of employees, or
population. These emissions were
estimated at the county level. Tennessee
submitted an inventory that it
developed for the NEI in accordance
with the AERR. Tennessee developed its
inventory according to the current EPA
emissions inventory guidance for area
sources.6
On-road mobile sources include
vehicles used on roads for
transportation of passengers or freight.
Tennessee developed its on-road
emissions inventory using EPA’s Motor
Vehicle Emissions Simulator (MOVES)
model with input data from the
Memphis Metropolitan Planning
Organization (MPO).7 County level onroad modeling was conducted using
county-specific vehicle population and
other local data. Tennessee developed
its inventory according to the current
EPA emissions inventory guidance for
on-road mobile sources using MOVES
version 2014.
Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation,
and other purposes that do not use
roadways (e.g., lawn mowers,
construction equipment, railroad
locomotives, and aircraft). Tennessee
calculated emissions for most of the
non-road mobile sources using EPA’s
NONROAD2008a model 8 and
developed its non-road mobile source
inventory according to the current EPA
emissions inventory guidance for nonroad mobile sources.9
For the reasons discussed above, EPA
has preliminarily determined that
Tennessee’s emissions inventory meets
the requirements under CAA section
182(a)(1) and the SIP Requirements Rule
for the 2008 8-hour ozone NAAQS.
Approval of Tennessee’s redesignation
request is contingent upon EPA’s final
approval of the base year emissions
inventory for the 2008 8-hour ozone
NAAQS.
inventory for the most recent calendar year for
which a complete triennial inventory is required to
be submitted to EPA under the provisions of
subpart A of this part. States may use an alternative
baseline emissions inventory provided the state
demonstrates why it is appropriate to use the
alternative baseline year, and provided that the year
selected is between the years 2008 to 2012.’’
4 ‘‘Ozone season day emissions’’ is defined as ‘‘an
average day’s emissions for a typical ozone season
work weekday. The state shall select, subject to EPA
approval, the particular month(s) in the ozone
season and the day(s) in the work week to be
represented, considering the conditions assumed in
the development of RFP plans and/or emissions
budgets for transportation conformity.’’ See 40 CFR
51.1100(cc).
5 Data downloaded from the EPA EIS from the
2011 NEI was subjected to quality assurance
procedures described under quality assurance
details under 2011 NEI Version 1 Documentation
located at: https://www.epa.gov/ttn/chief/net/2011
inventory.html#inventorydoc. The quality assurance
and quality control procedures and measures
associated with this data are outlined in the State’s
EPA-approved Emission Inventory Quality
Assurance Project Plan.
6 This guidance includes: Procedures for the
Preparation of Emission Inventories of Carbon
Monoxide and Precursors of Ozone, Vol. 1, EPA–
450/4–91–016 (May 1991) and Emissions Inventory
Improvement Program (EIIP) Technical Report, Vol.
3, Area Sources (Revised January 2001, updated
April 2001).
7 Tennessee used MOVES2014 technical
guidance: Using MOVES to Prepare Emission
Inventories in State Implementation Plans and
Transportation Conformity, EPA–420–b–15–007
(January 2015).
8 For consistency with the NEI, Tennessee
included emissions data for aircraft, locomotive,
and commercial marine vessels (CMV) by county.
CMV emissions for 2011 were primarily based on
EPA’s 2011 NEI, U.S. Corps of Engineers’ 2012
Waterborne Commerce, and 2012 survey of railroad
companies operating in Shelby County.
9 This guidance includes: Procedures for Emission
Inventory Preparation, Volume IV: Mobile Sources,
EPA–450/4–81–026d (December 1992).
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B. Redesignation Request and
Maintenance Demonstration
The five redesignation criteria
provided under CAA section
107(d)(3)(E) are discussed in greater
detail for the Area in the following
paragraphs of this section.
Criteria (1)—The Memphis, TN–MS–AR
Area Has Attained the 2008 8-Hour
Ozone NAAQS
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS. See
CAA section 107(d)(3)(E)(i). For ozone,
an area may be considered to be
attaining the 2008 8-hour ozone NAAQS
if it meets the 2008 8-hour ozone
NAAQS, as determined in accordance
with 40 CFR 50.15 and appendix P of
part 50, based on three complete,
consecutive calendar years of qualityassured air quality monitoring data. To
attain the NAAQS, the 3-year average of
the fourth-highest daily maximum 8hour average ozone concentrations
measured at each monitor within an
area over each year must not exceed
0.075 ppm. Based on the data handling
and reporting convention described in
40 CFR part 50, appendix P, the NAAQS
are attained if the design value is 0.075
ppm or below. The data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). The monitors generally should
have remained at the same location for
the duration of the monitoring period
required for demonstrating attainment.
In this action, EPA is preliminarily
determining that the Memphis, TN–MS–
AR Area has attained the 2008 8-hour
ozone NAAQS. EPA reviewed ozone
monitoring data from monitoring
stations in the Memphis, TN–MS–AR
Area for the 2008 8-hour ozone NAAQS
for 2012–2014, and the design values for
each monitor in the Area are less than
0.075 ppm. These data have been
quality-assured, are recorded in AQS,
and indicate that the Area is attaining
the 2008 8-hour ozone NAAQS. The
fourth-highest 8-hour ozone values at
each monitor for 2012, 2013, 2014, and
the 3-year averages of these values (i.e.,
design values), are summarized in Table
2, below.
TABLE 2—2012–2014 DESIGN VALUE CONCENTRATIONS FOR THE MEMPHIS, TN–MS–AR AREA
[ppm]
4th Highest 8-hour ozone value
(ppm)
Location
Site
2012
Shelby, TN ........................................
Shelby, TN ........................................
Shelby, TN ........................................
Crittenden, AR ..................................
DeSoto, MS .......................................
Frayser .............................................
Orgill Park ........................................
Shelby Farms ...................................
Marion ..............................................
Hernando ..........................................
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The 3-year design value for 2012–
2014 for the Memphis, TN–MS–AR Area
is 0.073 ppm,10 which meets the
NAAQS. EPA has reviewed 2015
preliminary monitoring data for the
Area and the preliminary data does not
indicate a violation of the NAAQS.11 In
today’s action, EPA is proposing to
determine that the Memphis, TN–MS–
AR Area has attained the 2008 8-hour
ozone NAAQS. EPA will not take final
action to approve the redesignation if
the 3-year design value exceeds the
NAAQS prior to EPA finalizing the
redesignation. As discussed in more
detail below, Tennessee has committed
to continue monitoring in this Area in
accordance with 40 CFR part 58.
10 The highest 3-year design value among the
monitoring stations is the design value for the Area.
11 This preliminary data is available at EPA’s air
data Web site: https://aqsdr1.epa.gov/aqsweb/
aqstmp/airdata/download_files.html#Daily.
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3-Year design
values
(ppm)
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0.083
0.084
0.086
0.079
0.075
Criteria (2)—Tennessee Has a Fully
Approved SIP Under Section 110(k) for
the Tennessee Portion of the Memphis,
TN–MS–AR Area; and Criteria (5)—
Tennessee Has Met All Applicable
Requirements Under Section 110 and
Part D of Title I of the CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the state has met
all applicable requirements under
section 110 and part D of title I of the
CAA (CAA section 107(d)(3)(E)(v)) and
that the state has a fully approved SIP
under section 110(k) for the area (CAA
section 107(d)(3)(E)(ii)). EPA proposes
to find that Tennessee has met all
applicable SIP requirements for the
Tennessee portion of the Area under
section 110 of the CAA (general SIP
requirements) for purposes of
redesignation. Additionally, EPA
proposes to find that Tennessee has met
all applicable SIP requirements for
purposes of redesignation under part D
of title I of the CAA in accordance with
section 107(d)(3)(E)(v) and proposes to
determine that the SIP is fully approved
with respect to all requirements
applicable for purposes of redesignation
in accordance with section
107(d)(3)(E)(ii) contingent upon
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2013
0.069
0.063
0.069
0.067
0.065
2014
0.067
0.065
0.066
0.067
0.067
2012–2014
0.073
0.070
0.073
0.071
0.069
approval of the 182(a)(1) base year
emissions inventory for the 2008 8-hour
ozone NAAQS for the Tenessee portion
of the Area. In making these
determinations, EPA ascertained which
requirements are applicable to the Area
and, if applicable, that they are fully
approved under section 110(k). SIPs
must be fully approved only with
respect to requirements that were
applicable prior to submittal of the
complete redesignation request.
a. The Tennessee Portion of the
Memphis, TN–MS–AR Area Has Met All
Applicable Requirements Under Section
110 and Part D of the CAA
General SIP requirements. General SIP
elements and requirements are
delineated in section 110(a)(2) of title I,
part A of the CAA. These requirements
include, but are not limited to, the
following: submittal of a SIP that has
been adopted by the state after
reasonable public notice and hearing;
provisions for establishment and
operation of appropriate procedures
needed to monitor ambient air quality;
implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
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(PSD)) and provisions for the
implementation of part D requirements
(NSR permit programs); provisions for
air pollution modeling; and provisions
for public and local agency participation
in planning and emission control rule
development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state. To implement this
provision, EPA has required certain
states to establish programs to address
the interstate transport of air pollutants.
The section 110(a)(2)(D) requirements
for a state are not linked with a
particular nonattainment area’s
designation and classification in that
state. EPA believes that the
requirements linked with a particular
nonattainment area’s designation and
classifications are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, EPA does not
believe that the CAA’s interstate
transport requirements should be
construed to be applicable requirements
for purposes of redesignation.
In addition, EPA believes other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
attainment status are not applicable
requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated. The section 110
and part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final
rulemakings (61 FR 53174–53176,
October 10, 1996), (62 FR 24826, May 7,
2008); Cleveland-Akron-Loraine, Ohio,
final rulemaking (61 FR 20458, May 7,
1996); and Tampa, Florida, final
rulemaking at (60 FR 62748, December
7, 1995). See also the discussion on this
issue in the Cincinnati, Ohio,
redesignation (65 FR 37890, June 19,
2000), and in the Pittsburgh,
Pennsylvania, redesignation (66 FR
50399, October 19, 2001).
Title I, part D, applicable SIP
requirements. Section 172(c) of the CAA
sets forth the basic requirements of
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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, a marginal ozone
nonattainment area, such as the
Memphis, TN–MS–AR Area, must
submit an emissions inventory that
complies with section 172(c)(3), but the
specific requirements of section 182(a)
apply in lieu of the demonstration of
attainment (and contingency measures)
required by section 172(c). See 42 U.S.C.
7511a(a). A thorough discussion of the
requirements contained in sections
172(c) and 182 can be found in the
General Preamble for Implementation of
Title I (57 FR 13498).
Section 182(a) requirements. Section
182(a)(1) requires states to submit a
comprehensive, accurate, and current
inventory of actual emissions from
sources of VOC and NOx emitted within
the boundaries of the ozone
nonattainment area. Tennessee provided
an emissions inventory for the
Tennessee portion of the Area to EPA in
a January 19, 2016, SIP submission.
Specifically, Tennessee addressed this
requirement by submitting a 2011 base
year emissions inventory for the
Tennessee portion of the Area. EPA is
proposing approval of Tennessee’s 2011
base year emissions inventory in this
action (see Section V.A. above).
Tennessee’s section 182(a)(1) inventory
must be approved before EPA can take
final action to approve the State’s
redesignation request for the Tennessee
portion of the Area.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC RACT rules that were
required under section 172(b)(3) of the
CAA (and related guidance) prior to the
1990 CAA amendments. The Tennessee
portion of the Memphis, TN–MS–AR
Area is not subject to the section
182(a)(2) RACT ‘‘fix up’’ because the
Area was designated as nonattainment
after the enactment of the 1990 CAA
amendments.
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented,
or was required to implement, an
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision
providing for an I/M program no less
stringent than that required prior to the
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22953
1990 amendments or already in the SIP
at the time of the amendments,
whichever is more stringent. The
Tennessee portion of the Memphis, TN–
MS–AR Area is not subject to the
section 182(a)(2)(B) because it was
designated as nonattainment after the
enactment of the 1990 CAA
amendments and did not have an I/M
program in place for ozone prior to
those amendments.
Regarding the permitting and offset
requirements of section 182(a)(2)(C) and
section 182(a)(4), Tennessee currently
has a fully approved part D NSR
program in place. However, EPA has
determined that areas being
redesignated need not comply with the
requirement that a NSR program be
approved prior to redesignation,
provided that the area demonstrates
maintenance of the NAAQS without
part D NSR, because PSD requirements
will apply after redesignation. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’
Tennessee’s PSD program will become
applicable in the Memphis, TN–MS–AR
Area upon redesignation to attainment.
Section 182(a)(3) requires states to
submit periodic inventories and
emissions statements. Section
182(a)(3)(A) requires states to submit a
periodic inventory every three years. As
discussed below in the section of this
notice titled Verification of Continued
Attainment, the State will continue to
update its emissions inventory at least
once every three years. Under section
182(a)(3)(B), each state with an ozone
nonattainment area must submit a SIP
revision requiring emissions statements
to be submitted to the state by sources
within that nonattainment area.
Tennessee provided a SIP revision to
EPA on January 5, 2015, addressing the
section 182(a)(3)(B) emissions
statements requirement, and on March
5, 2015, EPA published a direct final
rule approving this SIP revision. See 80
FR 11974.
Section 176 conformity requirements.
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
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as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with federal conformity
regulations relating to consultation,
enforcement, and enforceability that
EPA promulgated pursuant to its
authority under the CAA.
EPA interprets the conformity SIP
requirements 12 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and federal
conformity rules apply where state rules
have not been approved. See Wall v.
EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also
60 FR 62748 (December 7, 1995)
(redesignation of Tampa, Florida).
Nonetheless, Tennessee has an
approved conformity SIP for the
Tennessee portion of the Memphis, TN–
MS–AR Area. See 78 FR 29027 (May 17,
2013). Thus, EPA proposes that the
Tennessee portion of the Memphis, TN–
MS–AR Area has satisfied all applicable
requirements for purposes of
redesignation under section 110 and
part D of title I of the CAA contingent
upon approval of the 182(a)(1) base year
emissions inventory.
b. The Tennessee Portion of the
Memphis, TN–MS–AR Area Has a Fully
Approved Applicable SIP Under Section
110(k) of the CAA
EPA has fully approved the applicable
Tennessee SIP for the Memphis, TN–
MS–AR Area under section 110(k) of the
CAA for all requirements applicable for
purposes of redesignation except for the
182(a)(1) base year emissions inventory.
EPA may rely on prior SIP approvals in
approving a redesignation request (see
Calcagni Memorandum at p. 3;
Southwestern Pennsylvania Growth
Alliance v. Browner, 144 F.3d 984, 989–
90 (6th Cir. 1998); Wall, 265 F.3d 426)
plus any additional measures it may
approve in conjunction with a
redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
Tennessee has adopted and submitted,
and EPA has fully approved at various
times, provisions addressing various SIP
elements applicable for the ozone
NAAQS. See 78 FR 14450 (March 6,
2013).
As indicated above, EPA believes that
the section 110 elements that are neither
12 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from the MVEBs that
are established in control strategy SIPs and
maintenance plans.
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connected with nonattainment plan
submissions nor linked to an area’s
nonattainment status are not applicable
requirements for purposes of
redesignation. With the exception of the
emissions inventory requirement, which
is addressed in this action, EPA has
approved all part D requirements
applicable for purposes of this
redesignation. As noted above, EPA has
approved Tennessee’s emissions
statements SIP revisions under CAA
section 182(a)(3)(B). See 80 FR 11974
(March 5, 2015).
Criteria (3)—The Air Quality
Improvement in the Memphis, TN–MS–
AR Area Is Due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
federal air pollution control regulations,
and other permanent and enforceable
reductions (CAA section
107(d)(3)(E)(iii)). EPA has preliminarily
determined that Tennessee has
demonstrated that the observed air
quality improvement in the Memphis,
TN–MS–AR Area is due to permanent
and enforceable reductions in emissions
resulting from federal measures and are
not the result of weather conditions.13
EPA does not have any information to
suggest that the decrease in ozone
concentrations in the Memphis, TN–
MS–AR Area is due to unusually
favorable meteorological conditions.
Federal measures enacted in recent
years have resulted in permanent
emission reductions. The federal
measures that have been implemented
include the following:
Tier 2 vehicle and fuel standards.
Implementation began in 2004 and
requires all passenger vehicles in any
manufacturer’s fleet to meet an average
standard of 0.07 grams of NOX per mile.
13 Tennessee compared ozone data on days with
the highest 8-hour ozone maxima in 2005 and 2006
to ozone data on days of comparative weather
conditions in 2012–2014. The weather parameters
used in the comparison were maximum
temperature, dew point depression, relative
humidity, cloud cover, wind direction and wind
speed. The ozone levels in 2005–2006 were
considerably higher than the ozone levels during
similar weather conditions in 2012–2014 indicating
that emission reductions between 2006 and 2014
are the reason for the reduction in ozone levels.
Details of the analysis are found in Attachment I to
Tennessee’s January 19, 2016, SIP submittal.
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Additionally, in January 2006, the sulfur
content of gasoline was required to be
on average 30 ppm which assists in
lowering the NOX emissions. EPA
expects that these standards will reduce
NOX emissions from vehicles by
approximately 74 percent by 2030,
translating to nearly 3 million tons
annually by 2030.14 15
Heavy-duty gasoline and diesel
highway vehicle standards. EPA issued
this rule in January 2001 (66 FR 5002).
This rule includes standards limiting
the sulfur content of diesel fuel, which
went into effect in 2004. A second phase
took effect in 2007, which further
reduced the highway diesel fuel sulfur
content to 15 ppm, leading to additional
reductions in combustion NOX and VOC
emissions. EPA expects that this rule
will achieve a 95 percent reduction in
NOX emissions from diesel trucks and
buses and will reduce NOX emissions by
2.6 million tons by 2030 when the
heavy-duty vehicle fleet is completely
replaced with newer heavy-duty
vehicles that comply with these
emission standards.16
Large non-road diesel engines rule.
This rule was promulgated in 2004 and
was phased in between 2008 through
2014. This rule reduces the sulfur
content in the nonroad diesel fuel and
reduces NOX, VOC, particulate matter,
and carbon monoxide emissions. These
emission reductions are federally
enforceable. EPA issued this rule in
June 2004, which applies to diesel
engines used in industries such as
construction, agriculture, and mining. It
is estimated that compliance with this
rule will cut NOX emissions from nonroad diesel engines by up to 90 percent
nationwide.
Nonroad spark-ignition engines and
recreational engines standards. The
nonroad spark-ignition and recreational
engine standards, effective in July 2003,
regulate NOX, hydrocarbons, and carbon
monoxide from groups of previously
unregulated nonroad engines. These
engine standards apply to large 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
14 EPA, Regulatory Announcement, EPA420–F–
99–051 (December 1999), available at: https://
www.epa.gov/tier2/documents/f99051.pdf.
15 The Memphis Area MPO estimates for Shelby
County alone emission reductions of 2.05 tons per
day (tpd) for NOX (a 4.7 percent reduction) and 0.54
tpd for VOCs (3 percent reduction) from 2009 to
2012. TDEC notes that this occurred when the
vehicle miles traveled (VMT) increased by 9.3
percent.
16 66 FR 5002, 5012 (January 18, 2001).
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standards. When all of the nonroad
spark-ignition and recreational engine
standards are fully implemented, an
overall 72 percent reduction in
hydrocarbons, 80 percent reduction in
NOX, and 56 percent reduction in
carbon monoxide emissions are
expected by 2020. These controls reduce
ambient concentrations of ozone, carbon
monoxide, and fine particulate matter.
National program for greenhouse gas
(GHG) emissions and fuel economy
standards. The federal GHG and fuel
economy standards apply to light-duty
cars and trucks in model years 2012–
2016 (phase 1) and 2017–2025 (phase 2).
The final standards are projected to
result in an average industry fleet-wide
level of 163 grams/mile of carbon
dioxide which is equivalent to 54.5
miles per gallon if achieved exclusively
through fuel economy improvements.
The fuel economy standards result in
less fuel being consumed, and therefore
less NOX emissions released.
EPA proposes to find that the
improvements in air quality in the
Memphis, TN–MS–AR Area are due to
real, permanent and enforceable
reductions in NOX and VOC emissions
resulting from the federal measures
discussed above.
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Criteria (4)—The Tennessee Portion of
the Memphis, TN–MS–AR Area Has a
Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has a
fully approved maintenance plan
pursuant to section 175A of the CAA
(CAA section 107(d)(3)(E)(iv)). In
conjunction with its request to
redesignate the Tennessee portion of the
Memphis, TN–MS–AR Area to
attainment for the 2008 8-hour ozone
NAAQS, TDEC submitted a SIP revision
to provide for the maintenance of the
2008 8-hour ozone NAAQS for at least
10 years after the effective date of
redesignation to attainment. EPA has
made the preliminary determination
that this maintenance plan meets the
requirements for approval under section
175A of the CAA.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
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submit a revised maintenance plan
which demonstrates that attainment will
continue to be maintained for the
remainder of the 20-year period
following the initial 10-year period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures as EPA
deems necessary to assure prompt
correction of any future 2008 8-hour
ozone violations. The Calcagni
Memorandum provides further guidance
on the content of a maintenance plan,
explaining that a maintenance plan
should address five requirements: The
attainment emissions inventory,
maintenance demonstration,
monitoring, verification of continued
attainment, and a contingency plan. As
is discussed more fully below, EPA has
preliminarily determined that
Tennessee’s maintenance plan includes
all the necessary components and is
thus proposing to approve it as a
revision to the Tennessee SIP.
b. Attainment Emissions Inventory
As discussed above, EPA is proposing
to determine that the Memphis, TN–
MS–AR Area has attained the 2008 8hour ozone NAAQS based on qualityassured monitoring data for the 3-year
period from 2012–2014, and is
continuing to attain the standard based
on preliminary 2015 data. Tennessee
selected 2012 as the base year (i.e.,
attainment emissions inventory year) for
developing a comprehensive emissions
inventory for NOX and VOC, for which
projected emissions could be developed
for 2017, 2020, and 2027. The
attainment inventory identifies a level
of emissions in the Area that is
sufficient to attain the 2008 8-hour
ozone NAAQS. Tennessee began
development of the attainment
inventory by first generating a baseline
emissions inventory for the State’s
portion of the Memphis, TN–MS–AR
Area. The State projected summer day
emission inventories using projected
rates of growth in population, traffic,
economic activity, and other
parameters. In addition to comparing
the final year of the plan (2027) to the
base year (2012), Tennessee compared
interim years to the baseline to
demonstrate that these years are also
expected to show continued
maintenance of the 2008 8-hour ozone
standard.
The emissions inventory is composed
of four major types of sources: Point,
area, on-road mobile, and non-road
mobile. Complete descriptions of how
the State developed these inventories
are located in Attachment I of the
January 19, 2016, SIP submittal.
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Point source emissions are tabulated
from data collected by direct on-site
measurements of emissions or from
mass balance calculations utilizing
approved emission factors. The 2012
base year inventory contains point
source emissions data for facilities
located within Shelby County. Each
facility was required to update the data
through the EIQ with information for
the requested year and return the
updated data to Shelby County Health
Department. The point source emissions
inventory for Shelby County is located
in the docket for today’s action. For
each projected year’s inventory for 2017,
2020, and 2027, the State projected
point source emissions using growth
factors developed from the United
States Department of Energy’s 2014
Annual Energy Outlook (AEO)
projections and the University of
Tennessee, Data Center 2014
Econometric Model Forecast. A
conservative value of 1 was substituted
for all negative growth factors. Growth
factors used for this analysis include
fuel consumption, employment, and
population changes.
Emissions for area sources were
estimated by multiplying an emission
factor by such indicators of collective
emissions activity as production,
number of employees, or population.
These emissions were estimated at the
county level. Tennessee used a similar
method to that used to develop the 2011
emissions inventory. For each projected
year’s inventory, emission factors are
used to determine area source
emissions. Tennessee developed its
inventory according to the current EPA
emissions inventory guidance for area
sources.17
Tennessee developed its 2012 on-road
emissions inventory using EPA’s
MOVES2014 model with input data
from the MPO.18 County level on-road
modeling was conducted using countyspecific vehicle population and other
local data. Tennessee developed its
inventory according to the current EPA
emissions inventory guidance for onroad mobile sources using MOVES2014.
The MOVES2014 model includes the
VMT as an input file and can directly
output the estimated emissions. For
each projected year’s inventory,
17 This guidance includes: Procedures for the
Preparation of Emission Inventories of Carbon
Monoxide and Precursors of Ozone, Vol. 1, EPA–
450/4–91–016 (May 1991) and Emissions Inventory
Improvement Program (EIIP) Technical Report, Vol.
3, Area Sources (Revised January 2001, updated
April 2001).
18 Tennessee used MOVES2014 technical
guidance: Using MOVES to Prepare Emission
Inventories in State Implementation Plans and
Transportation Conformity, EPA–420–b–15–007
(January 2015).
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Tennessee calculated the on-road
mobile sources emissions by running
the MOVES mobile model for the future
year with the projected VMT to generate
emissions that take into consideration
expected federal tailpipe standards, fleet
turnover, and new fuels.
Non-road mobile sources include nonroad equipment, airport, commercial
marine vessels, and locomotives. The
majority of the non-road mobile
emissions in the U.S. are from the nonroad equipment segment (i.e.,
agricultural equipment, construction
equipment, lawn and garden equipment,
and recreational vehicles, such as boats
and jet-skis). Tennessee calculated
emissions for most of the non-road
mobile sources using EPA’s
NONROAD2008a model within EPA’s
MOVES2014 model and developed its
non-road mobile source inventory
according to the current EPA emissions
inventory guidance for non-road mobile
sources.19
c. Maintenance Demonstration
The maintenance plan associated with
the redesignation request includes a
maintenance demonstration that:
(i) Shows compliance with and
maintenance of the 2008 8-hour ozone
NAAQS by providing information to
support the demonstration that current
and future emissions of NOX and VOC
remain at or below 2012 emissions
levels.
(ii) Uses 2012 as the attainment year
and includes future emissions inventory
projections for 2017, 2020, and 2027.
(iii) Identifies an ‘‘out year’’ at least 10
years after the time necessary for EPA to
review and approve the maintenance
plan. Per 40 CFR part 93, NOX and VOC
MVEBs were established for the last
year (2027) of the maintenance plan (see
section VI below).
(iv) Provides actual (2012) and
projected emissions inventories, in tons
per summer day (tpsd), for the
Tennessee portion of the Memphis, TN–
MS–AR Area, as shown in Tables 3 and
4, below.
TABLE 3—ACTUAL AND PROJECTED AVERAGE SUMMER DAY NOX EMISSIONS (TPD) FOR THE TENNESSEE PORTION OF
THE MEMPHIS, TN–MS–AR AREA
Sector
2012
2017
2020
2027
Point .................................................................................................................
Area .................................................................................................................
Non-road ..........................................................................................................
On-road ............................................................................................................
13.87
4.11
35.93
61.56
13.45
4.18
32.09
31.30
8.34
4.24
30.57
22.42
8.43
4.33
29.77
12.51
Total ..........................................................................................................
115.47
81.01
65.56
55.05
TABLE 4—ACTUAL AND PROJECTED AVERAGE SUMMER DAY VOC EMISSIONS (TPD) FOR THE TENNESSEE PORTION OF
THE MEMPHIS, TN–MS–AR AREA
Sector
2012
2017
2020
2027
9.30
44.04
28.44
19.01
6.64
45.33
21.32
11.22
6.22
45.53
19.76
8.75
6.24
46.30
19.33
5.81
Total ..........................................................................................................
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Point .................................................................................................................
Area .................................................................................................................
Non-road ..........................................................................................................
On-road ............................................................................................................
100.79
84.51
80.26
77.69
Tables 3 and 4 summarize the 2012
and future projected emissions of NOX
and VOC from the Tennessee portion of
the Memphis, TN–MS–AR Area. In
situations where local emissions are the
primary contributor to nonattainment,
such as the Memphis, TN–MS–AR Area
if the future projected emissions in the
nonattainment area remain at or below
the baseline emissions in the
nonattainment area, then the related
ambient air quality standard should not
be exceeded in the future. Tennessee
has projected emissions as described
previously and determined that
emissions in the Tennessee portion of
the Memphis, TN–MS–AR Area will
remain below those in the attainment
year inventory for the duration of the
maintenance plan.
As discussed in section VI of this
proposed rulemaking, a safety margin is
the difference between the attainment
level of emissions (from all sources) and
the projected level of emissions (from
all sources) in the maintenance plan.
The attainment level of emissions is the
level of emissions during one of the
years in which the area met the NAAQS.
Tennessee selected 2012 as the
attainment emissions inventory year for
the Tennessee portion of the Memphis,
TN–MS–AR Area. Tennessee calculated
safety margins in its submittal for 2027.
The State has allocated a portion of the
2027 safety margin to the 2027 MVEBs
for the Memphis, TN–MS–AR Area.
TABLE 5—SAFETY MARGINS FOR THE
TENNESSEE PORTION OF THE MEMPHIS, TN–MS–AR AREA
Year
VOC
(tpd)
NOX
(tpd)
2027 ......................
23.10
60.42
The State has decided to allocate a
portion of the available safety margin to
the 2027 MVEBs to allow for
unanticipated growth in VMT, changes
and uncertainty in vehicle mix
assumptions, etc., that will influence
the emission estimations. Tennessee has
allocated 49.04 tpd of the NOX safety
margin to the 2027 NOX MVEB and
13.19 tpd of the VOC safety margin to
the 2027 VOC MVEB. After allocation of
the available safety margin, the
remaining safety margin is 11.38 tpd for
19 This guidance includes: Procedures for
Emission Inventory Preparation, Volume IV: Mobile
Sources, EPA–450/4–81–026d (December 1992).
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NOX and 9.91 tpd for VOC. This
allocation and the resulting available
safety margin for the Tennessee portion
of the Memphis, TN–MS–AR Area are
discussed further in section VI of this
proposed rulemaking along with the
MVEBs to be used for transportation
conformity proposes.
d. Monitoring Network
There currently are five monitors
measuring ozone in the Memphis, TN–
MS–AR Area, of which three are in the
Tennessee portion of the Memphis, TN–
MS–AR Area. Tennessee has committed
to continue operation of the monitors in
the Tennessee portion of the Memphis,
TN–MS–AR Area in compliance with 40
CFR part 58 and has thus addressed the
requirement for monitoring. Arkansas
and Mississippi have made similar
commitments in their maintenance
plans. EPA approved Tennessee’s
monitoring plan on October 26, 2015.
EPA approved Arkansas’ monitoring
plan on November 16, 2015, and
approved Mississippi’s monitoring plan
on October 6, 2015.
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e. Verification of Continued Attainment
TDEC has the legal authority to
enforce and implement the maintenance
plan for the Tennessee portion of the
Area. This includes the authority to
adopt, implement, and enforce any
subsequent emissions control
contingency measures determined to be
necessary to correct future ozone
attainment problems.
Additionally, under the AERR, TDEC
is required to develop a comprehensive,
annual, statewide emissions inventory
every three years that is due twelve to
eighteen months after the completion of
the inventory year. Tennessee will
update the AERR inventory every three
years beginning no later than the 2015
emission season and will use the
updated emissions inventory to track
progress of the maintenance plan.
f. Contingency Measures in the
Maintenance Plan
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
a schedule and procedure for adoption
and implementation, and a time limit
for action by the state. A state should
also identify specific indicators to be
used to determine when the
contingency measures need to be
implemented. The maintenance plan
must include a requirement that a state
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will implement all measures with
respect to control of the pollutant that
were contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d).
In the January 19, 2016, submittal,
Tennesee commits to continuing
existing programs and commits to
implement programs and measures
depending upon emission inventory and
air quality monitoring results. The
contingency plan included in the
submittal includes a triggering
mechanism to determine when
contingency measures are needed and a
process of developing and
implementing appropriate control
measures.
The primary trigger is activated when
emissions or ambient air monitoring
data indicates possible future ozone
levels violating the 2008 8-hour ozone
NAAQS but an actual violation of the
2008 8-hour ozone NAAQS has not yet
occurred. This will occur if the certified
triennial emissions inventory of VOCs
or NOX (summer season tons per day)
exceeds the 2012 base year attainment
inventory by ten percent or more and
any area monitor has recorded at least
one exceedance of the ozone NAAQS
according to certified data during the
most recent monitoring season. The
Shelby County Health Department will
then conduct an investigation lasting no
longer than three months into the
possible causes. The results will be
reported to EPA and TDEC. If the data
is valid and not due to unusual
circumstances, the Shelby County
Health Department will seek to expand
voluntary programs 20 and develop
regulations as appropriate following
consultation with EPA and TDEC. Proof
of regulation adoption will be sent to
EPA within nine months and
implementation of regulations will
occur within 18 to 24 months after
monitoring data is certified. Possible
contingency measures include, but are
not limited to:
Æ Programs or incentives to decrease
motor vehicle use;
Æ Programs to require additional
emissions reductions on stationary
sources;
20 If the State adopts a voluntary emission
reduction measure as a contingency measure
necessary to attain or maintain the NAAQS, EPA
will evaluate approvability in accordance with
relevant Agency guidance regarding the
incorporation of voluntary measures into SIPs. See,
e.g., Memorandum from Richard D. Wilson, Acting
Administrator for Air and Radiation, to EPA
Regional Administrators re: Guidance on
Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans
(SIPs) (October 24, 1997); EPA, Office of Air and
Radiation, Incorporating Emerging and Voluntary
Measures in a State Implementation Plan (SIP)
(September 2004).
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22957
Æ Restrictions of certain roads or
lanes for, or construction of such roads
or lanes for use by, passenger buses or
high-occupancy vehicles;
Æ Employer-based transportation
incentive plans; and
Æ Additional programs for new
construction of paths for use by
pedestrian or non-motorized vehicles
when economically feasible and in the
public interest.
The secondary trigger is a violation of
the 2008 8-hour ozone NAAQS (i.e.,
when the three-year average of the 4th
highest values is equal to or greater than
0.076 ppm at a monitor in the Area).
The trigger date will be when a
monitored violation of the 2008 ozone
NAAQS occurs in the nonattainment
area according to certified data during
the most recent monitoring season. The
Shelby County Health Department will
then conduct an investigation lasting no
longer than three months into the
possible causes. The results will be
reported to TDEC and EPA. If the data
is valid, further action is required, and
the Shelby County Health Department
will seek to expand voluntary programs
and develop regulations for submission
to the Shelby County Commission or
Tennessee State Air Board. Proof of
adoption of such regulations will be
submitted to EPA within nine months
after the end of the investigation.
Control measures will be implemented
within 18 to 24 months after verification
of a monitored violation by certified
data. In addition to the measures stated
for the primary trigger, the following
measures may also be implemented if
there is a secondary trigger of a violation
of the standard:
Æ A RACT regulation for legacy major
sources of NOX emissions in Shelby
County; and
Æ Adoption of all industrial and
commercial VOC controls as provided
in final EPA-approved Control
Technology Guidelines through the date
of the recorded violation.
EPA preliminarily concludes that the
maintenance plan adequately addresses
the five basic components of a
maintenance plan: The attainment
emissions inventory, maintenance
demonstration, monitoring, verification
of continued attainment, and a
contingency plan. Therefore, EPA
proposes to find that the maintenance
plan SIP revision submitted by
Tennessee for the State’s portion of the
Area meets the requirements of section
175A of the CAA and is approvable.
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VI. What is EPA’s analysis of
Tennessee’s proposed NOX and VOC
MVEBs for the Tennessee portion of the
area?
Under section 176(c) of the CAA, new
transportation plans, programs, and
projects, such as the construction of
new highways, must ‘‘conform’’ to (i.e.,
be consistent with) the part of the state’s
air quality plan that addresses pollution
from cars and trucks. Conformity to the
SIP means that transportation activities
will not cause new air quality
violations, worsen existing violations, or
delay timely attainment of the NAAQS
or any interim milestones. If a
transportation plan does not conform,
most new projects that would expand
the capacity of roadways cannot go
forward. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of such
transportation activities to a SIP. The
regional emissions analysis is one, but
not the only, requirement for
implementing transportation
conformity. Transportation conformity
is a requirement for nonattainment and
maintenance areas. Maintenance areas
are areas that were previously
nonattainment for a particular NAAQS
but have since been redesignated to
attainment with an approved
maintenance plan for that NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans for
nonattainment areas. These control
strategy SIPs (including RFP and
attainment demonstration requirements)
and maintenance plans create MVEBs
for criteria pollutants and/or their
precursors to address pollution from
cars and trucks. Per 40 CFR part 93, a
MVEB must be established for the last
year of the maintenance plan. A state
may adopt MVEBs for other years as
well. The MVEB is the portion of the
total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
The MVEB serves as a ceiling on
emissions from an area’s planned
transportation system. The MVEB
concept is further explained in the
preamble to the November 24, 1993,
Transportation Conformity Rule (58 FR
62188). The preamble also describes
how to establish the MVEB in the SIP
and how to revise the MVEB.
After interagency consultation with
the transportation partners for the
Memphis TN–MS–AR Area, Tennessee
has developed MVEBs for NOX and VOC
for the Tennessee portion of the Area.
Tennessee developed these MVEBs, as
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required, for the last year of its
maintenance plan, 2027. The 2027
MVEBs reflect the total projected onroad emissions for 2027, plus an
allocation from the available NOX and
VOC safety margins. Under 40 CFR
93.101, the term ‘‘safety margin’’ is the
difference between the attainment level
(from all sources) and the projected
level of emissions (from all sources) in
the maintenance plan. The safety
margin can be allocated to the
transportation sector; however, the total
emissions must remain below the
attainment level. The NOX and VOC
MVEBs and allocation from the safety
margin were developed in consultation
with the transportation partners and
were added to account for uncertainties
in population growth, changes in model
vehicle miles traveled, and new
emission factor models. The NOX and
VOC MVEBs for the Tennessee portion
of the Area are identified in Table 6,
below.
TABLE 6—TENNESSEE PORTION OF
THE AREA NOX AND VOC MVEBS
(TPD)*
2027
NOX Base Emissions ...................
NOX Safety Margin Allocated to
MVEB ........................................
NOX MVEB ...................................
VOC Base Emissions ...................
VOC Safety Margin Allocated to
MVEB ........................................
VOC MVEB ...................................
12.51
49.04
61.56
5.81
13.19
19.01
* The MVEBs do not total the sum of the
base emissions and safety margins due to
rounding convention.
As mentioned above, Tennessee has
chosen to allocate a portion of the
available safety margin to the NOX and
VOC MVEBs for the Tennessee portion
of the Area. This allocation is 49.04 tpd
and 13.19 tpd for NOX and VOC,
respectively. Thus, the remaining safety
margins for 2027 are 11.38 tpd and 9.91
tpd NOX and VOC, respectively.
Through this rulemaking, EPA is
proposing to approve the MVEBs for
NOX and VOC for 2027 for the
Tennessee Portion of the Area because
EPA has preliminarily determined that
the Area maintains the 2008 8-hour
ozone NAAQS with the emissions at the
levels of the budgets. Once the MVEBs
for the Tennessee Portion of the Area
are approved or found adequate
(whichever is completed first), they
must be used for future conformity
determinations.
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VII. What is the status of EPA’s
adequacy determination for the
proposed NOX and VOC MVEBs for the
Tennessee portion of the area?
When reviewing submitted ‘‘control
strategy’’ SIPs or maintenance plans
containing MVEBs, EPA may
affirmatively find the MVEB contained
therein adequate for use in determining
transportation conformity. Once EPA
affirmatively finds the submitted MVEB
is adequate for transportation
conformity purposes, that MVEB must
be used by state and federal agencies in
determining whether proposed
transportation projects conform to the
SIP as required by section 176(c) of the
CAA.
EPA’s substantive criteria for
determining adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission, a public comment
period, and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999, guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule entitled, ‘‘Transportation
Conformity Rule Amendments:
Response to Court Decision and
Additional Rule Changes,’’ 68 FR 38974,
38984 (June 30, 2003).
As discussed earlier, Tennessee’s
maintenance plan includes NOX and
VOC MVEBs for the Tennessee portion
of the Memphis TN–MS–AR Area for
2027, the last year of the maintenance
plan. EPA reviewed the NOX and VOC
MVEBs through the adequacy process.
The NOX and VOC MVEBs for the
Tennessee portion of the area were open
for public comment on EPA’s adequacy
Web site on January 27, 2016, found at:
https://www3.epa.gov/otaq/
stateresources/transconf/
currsips.htm#shelby-cnty. The EPA
public comment period on adequacy for
the 2027 MVEBs for the Tennessee
portion of the Area closed on February
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26, 2016, and no comments, adverse or
otherwise, were received.
EPA intends to make its
determination on the adequacy of the
2027 MVEBs for the Tennessee portion
of the Area for transportation
conformity purposes in the near future
by completing the adequacy process that
was started on January 27, 2016. After
EPA finds the 2027 MVEBs adequate or
approves them, the new MVEBs for NOX
and VOC must be used for future
transportation conformity
determinations. For required regional
emissions analysis years for 2027 and
beyond, the applicable budgets will be
the new 2027 MVEBs established in the
maintenance plan.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
VIII. What is the effect of EPA’s
proposed actions?
EPA’s proposed actions establish the
basis upon which EPA may take final
action on the issues being proposed for
approval today. Approval of
Tennessee’s redesignation request
would change the legal designation of
Shelby County, Tennessee, in the
Memphis TN–MS–AR Area, found at 40
CFR part 81, from nonattainment to
attainment for the 2008 8-hour ozone
NAAQS. Approval of Tennessee’s
associated SIP revision would also
incorporate a plan for maintaining the
2008 8-hour ozone NAAQS in the
Tennessee portion of the Area through
2027 and a section 182(a)(1) base year
emissions inventory into the Tennessee
SIP for the Area. The maintenance plan
establishes NOX and VOC MVEBs for
2027 for the Tennessee portion of the
Area and includes contingency
measures to remedy any future
violations of the 2008 8-hour ozone
NAAQS and procedures for evaluation
of potential violations. Additionally,
EPA is notifying the public of the status
of EPA’s adequacy determination for the
newly-established NOX and VOC
MVEBs for 2027 for the Tennessee
portion of the Area.
IX. Proposed Actions
EPA is proposing to take four separate
but related actions regarding the
redesignation request and associated SIP
revision for the Tennessee portion of the
Memphis TN–MS–AR Area for the 2008
8-hour ozone NAAQS. First, EPA is
proposing to approve Tennessee’s
section 182(a)(1) base year emissions
inventory for the 2008 8-hour ozone
standard for the Tennessee portion of
the Area into the SIP.
Second, EPA is proposing to
determine that the Memphis, TN–MS–
AR Area has attained the 2008 8-hour
ozone NAAQS based on complete,
quality-assured and certified monitoring
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data for the 2012–2014 monitoring
period. Preliminary 2015 data in AQS
indicates that the Area is continuing to
attain the 2008 8-hour ozone NAAQS.
Third, EPA is proposing to approve
the maintenance plan for the Tennessee
portion of the Area, including the NOX
and VOC MVEBs for 2027, into the
Tennessee SIP (under CAA section
175A). The maintenance plan
demonstrates that the Area will
continue to maintain the 2008 8-hour
ozone NAAQS.
Finally, EPA is proposing to approve
Tennessee’s redesignation request for
the 2008 8-hour ozone NAAQS for the
Tennessee portion of the Area
contingent upon approval of the
182(a)(1) base year emissions inventory
for the Tennessee portion of the Area.
As part of today’s action, EPA is also
describing the status of its adequacy
determination for the NOX and VOC
MVEBs for 2027 in accordance with 40
CFR 93.118(f)(1). Within 24 months
from the effective date of EPA’s
adequacy determination for the MVEBs
or the effective date for the final rule for
this action, whichever is earlier, the
transportation partners will need to
demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104(e)(3).
If finalized, approval of the
redesignation request would change the
official designation of Shelby County,
Tennessee in the Tennessee portion of
the Memphis TN–MS–AR Area for the
2008 8-hour ozone NAAQS from
nonattainment to attainment, as found
at 40 CFR part 81.
X. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these proposed
actions merely propose to approve state
law as meeting Federal requirements
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22959
and do not impose additional
requirements beyond those imposed by
state law. For this reason, these
proposed actions:
• Are not a significant regulatory
action subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 8, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016–08796 Filed 4–18–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 10
RIN 0906–AA89
340B Drug Pricing Program Ceiling
Price and Manufacturer Civil Monetary
Penalties Regulation; Reopening of
Comment Period
Health Resources and Services
Administration (HRSA), HHS.
ACTION: Notice; reopening of comment
period.
AGENCY:
This document reopens the
comment period for the June 17, 2015,
proposed rule entitled ‘‘340B Drug
Pricing Program Ceiling Price and
Manufacturer Civil Monetary Penalties
Regulation.’’ The comment period for
the proposed rule, which ended on
August 17, 2015, is reopened for 30
days.
DATES: The comment period for the
proposed rule published on June 17,
2015 (80 FR 34583), is reopened and
ends on May 19, 2016.
ADDRESSES: In commenting, please refer
to the Regulatory Information Number
(RIN) 0906–AA89, by any of the
following methods. Please submit your
comments in only one of these ways to
minimize the receipt of duplicate
submissions. The first is the preferred
method.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow
instructions for submitting comments.
This is the preferred method for the
submission of comments.
• Email: 340BCMPNPRM@hrsa.gov.
Include 0906–AA89 in the subject line
of the message.
• Mail: Office of Pharmacy Affairs
(OPA), Healthcare Systems Bureau
(HSB), Health Resources and Services
Administration (HRSA), 5600 Fishers
Lane, Mail Stop 08W05A, Rockville, MD
20857.
All submitted comments will be
available to the public in their entirety.
FOR FURTHER INFORMATION CONTACT:
CAPT Krista Pedley, Director, OPA,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:42 Apr 18, 2016
Jkt 238001
HSB, HRSA, 5600 Fishers Lane, Mail
Stop 08W05A, Rockville, MD 20857, or
by telephone at 301–594–4353.
SUPPLEMENTARY INFORMATION: On June
17, 2015, the Department of Health and
Human Services (HHS) published a
proposed rule in the Federal Register
(80 FR 34583) entitled, ‘‘340B Drug
Pricing Program Ceiling Price and
Manufacturer Civil Monetary Penalties
Regulation’’ that would set forth the
calculation of the ceiling price and
application of civil monetary penalties
for section 340B of the Public Health
Service Act (PHSA), which is referred to
as the ‘‘340B Drug Pricing Program’’ or
the ‘‘340B Program.’’ In light of the
comments received, HHS is reopening
the comment period for 30 days for the
purpose of inviting public comments on
several specific areas, summarized
below. Comments may be submitted on
any aspect of the proposed rule, not just
those areas specifically addressed
below. Commenters do not need to
resubmit comments previously
submitted, as all previous comments are
currently under review and will be
considered prior to the finalization of
the proposed rule.
Ceiling Price for a Covered Outpatient
Drug Exception
In the June 17, 2015, notice of
proposed rulemaking (80 FR 34583),
HHS proposed that when the
calculation of the 340B ceiling price
resulted in an amount less than $0.01,
the ceiling price would be $0.01 per
unit of measure (hereinafter, penny
pricing). In the notice of proposed
rulemaking (NPRM), we recognized that
it was not reasonable for a manufacturer
to set the ceiling price at $0.00 per unit
of measure. HHS received a number of
comments supporting and opposing the
penny pricing proposal.
Commenters suggested a number of
alternatives to penny pricing, including:
The federal ceiling price, the most
recent positive ceiling price from
previous quarters, and nominal sales
price. Some commenters stated that the
federal ceiling price, which is the basis
for prices paid by certain federal
government programs, would be a viable
alternative. Other commenters suggested
that charging a ceiling price from
previous quarters in which the ceiling
price was greater than $0.00 would be
reasonable. Finally, several commenters
suggested that nominal pricing, which is
a term used in the Medicaid Drug
Rebate Program, would be more
appropriate. Other commenters
suggested that manufacturers should be
able to utilize any other reasonable
alternative.
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
Given these comments, HHS is
considering whether any of these
alternatives or other alternatives not
raised by the commenters, alone or in
combination, would be more
appropriate than the penny pricing
proposal and whether to revise the
proposed regulatory text in 42 CFR
10.10(b). As the NPRM did not indicate
that alternatives to the penny pricing
proposal would be considered, and
given the number of comments on this
issue, HHS is reopening the comment
period specifically to invite comments
on whether we should adopt an
alternative policy to penny pricing. By
reopening the comment period as to this
specific issue, all parties will have an
opportunity to express their views on
penny pricing and other alternatives
prior to finalization of the proposed
rule.
New Drug Price Estimation
In the NPRM, HHS proposed that
manufacturers estimate the ceiling price
for a new covered outpatient drug as of
the date the drug is first available for
sale, and provide HRSA an estimated
ceiling price for each of the first three
quarters the drug is available for sale.
HHS also proposed that, beginning with
the fourth quarter the drug is available
for sale, the manufacturer must
calculate the ceiling price as described
in proposed 42 CFR 10.10(a). Under the
proposed rule, the actual ceiling price
for the first three quarters must also be
calculated and manufacturers would be
required to provide a refund or credit to
any covered entity which purchased the
covered outpatient drug at a price
greater than the calculated ceiling price.
HHS proposed that any refunds or
credits owed to a covered entity must be
provided by the end of the fourth
quarter. HHS received numerous
comments supporting and opposing the
various components of its proposal on
new drug price estimation.
Several commenters supported a
specific methodology for calculating
new drug prices, which included setting
the price of the new covered outpatient
drug as wholesale acquisition cost
(WAC) minus the applicable rebate
percentage (i.e., 23.1 percent for most
single-source and innovator drugs, 17.1
percent for clotting factors and drugs
approved exclusively for pediatric
indications, and 13 percent for generics
and OTCs). Commenters argued that this
price would eliminate the need to
estimate the price for the first three
quarters and would result in a
reasonable ceiling price. We are seeking
comment on this specific methodology
for the estimation of a new covered
outpatient drug pricing and at which
E:\FR\FM\19APP1.SGM
19APP1
Agencies
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Proposed Rules]
[Pages 22948-22960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08796]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2016-0018; FRL-9945-04-Region 4]
Air Plan Approval and Air Quality Designation; TN; Redesignation
of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On January 19, 2016, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), Air
Pollution Control Division, submitted a request for the Environmental
Protection Agency (EPA) to redesignate the portion of Tennessee that is
within the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR)
2008 8-hour ozone nonattainment area (hereafter referred to as the
``Tennessee portion of the Memphis, TN-MS-AR Area'' or ``Tennessee
portion of the Area'') to attainment for the 2008 8-hour ozone National
Ambient Air Quality Standards (NAAQS) and an associated State
Implementation Plan (SIP) revision containing a maintenance plan and a
base year emissions inventory for the Area. EPA is proposing to approve
the base year emissions inventory for the Tennessee portion of the Area
into the SIP; to determine that the Memphis, TN-MS-AR Area has attained
the 2008 8-hour ozone NAAQS; to approve the State's plan for
maintaining attainment of the 2008 8-hour ozone standard in the Area,
including the motor vehicle emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic compounds (VOC) for the
year 2027 for the Tennessee portion of the Area, into the SIP; and to
redesignate the Tennessee portion of the Area to attainment for the
2008 8-hour ozone NAAQS. EPA is also notifying the public of the status
of EPA's adequacy determination for the MVEBs for the Tennessee portion
of the Memphis, TN-MS-AR Area.
DATES: Comments must be received on or before May 19, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0018, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is
[[Page 22949]]
considered the official comment and should include discussion of all
points you wish to make. EPA will generally not consider comments or
comment contents located outside of the primary submission (i.e. on the
web, cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann
can be reached by phone at (404) 562-9029 or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the redesignation request and January
19, 2016, SIP submission?
VI. What is EPA's analysis of Tennessee's proposed NOX
and VOC MVEBs for the Tennessee portion of the area?
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs the Tennessee portion of the
area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Actions.
X. Statutory and Executive Order Reviews
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following four separate but related
actions, one of which involves multiple elements: (1) To approve the
base year emissions inventory for the 2008 8-hour ozone NAAQS for the
Tennessee portion of the Area into the Tennessee SIP; (2) to determine
that the Memphis, TN-MS-AR Area has attained the 2008 8-hour ozone
NAAQS; \1\ (3) to approve Tennessee's plan for maintaining the 2008 8-
hour ozone NAAQS (maintenance plan), including the associated MVEBs for
the Tennessee portion of the Memphis, TN-MS-AR Area, into the SIP; and
(4) to redesignate the Tennessee portion of the Memphis, TN-MS-AR Area
to attainment for the 2008 8-hour ozone NAAQS. EPA is also notifying
the public of the status of EPA's adequacy determination for the MVEBs
for the Tennessee portion of the Memphis, TN-MS-AR Area. The Memphis,
TN-MS-AR Area consists of all of Shelby County in Tennessee, all of
Crittenden County in Arkansas, and a portion of DeSoto County in
Mississippi. Today's proposed actions are summarized below and
described in greater detail throughout this notice of proposed
rulemaking.
---------------------------------------------------------------------------
\1\ On August 27, 2015, EPA published a proposed rulemaking
entitled ``Determinations of Attainment by the Attainment Date,
Extensions of the Attainment Date, and Reclassification of Several
Areas Classified as Marginal for the 2008 Ozone National Ambient Air
Quality Standards'' where the Agency has proposed to determine that
the Memphis, TN-MS-AR Area has attained the 2008 8-hour ozone NAAQS
by the applicable attainment date of July 20, 2015, based on 2012-
2014 monitoring data. See 80 FR 51992. Any final action on the
August 27, 2015 proposed rule will occur in a separate rulemaking
from today's proposed action.
---------------------------------------------------------------------------
Based on the 2008 8-hour ozone nonattainment designation for the
Memphis, TN-MS-AR Area, Tennessee was required to develop a
nonattainment SIP revision addressing certain Clean Air Act (CAA or
Act) requirements. Specifically, pursuant to CAA section 182(a)(3)(B)
and section 182(a)(1), the state was required to submit a SIP revision
addressing emissions statements and emissions inventory requirements,
respectively, for its portion of the Area. EPA approved the emissions
statements requirements for the Tennessee portion of the Area into the
SIP in a separate action. See 80 FR 11974 (March 5, 2015). Today, EPA
is proposing to determine that the base year emissions inventory, as
submitted in the State's January 19, 2016, SIP revision, meets the
requirements of section 182(a)(1) of the CAA and proposing to approve
this emissions inventory into the SIP.
EPA is making the preliminary determination that the Memphis, TN-
MS-AR Area has attained the 2008 8-hour ozone NAAQS based on recent air
quality data and proposing to approve Tennessee's maintenance plan for
its portion of the Memphis, TN-MS-AR Area as meeting the requirements
of section 175A (such approval being one of the CAA criteria for
redesignation to attainment status). The maintenance plan is designed
to keep the Memphis, TN-MS-AR Area in attainment of the 2008 8-hour
ozone NAAQS through 2027. The maintenance plan includes 2027 MVEBs for
NOX and VOC for the Tennessee portion of the Memphis, TN-MS-
AR Area for transportation conformity purposes. EPA is proposing to
approve these MVEBs and incorporate them into the Tennessee SIP.
EPA also proposes to determine that the Tennessee portion of the
Memphis, TN-MS-AR Area has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is
proposing to approve a request to change the legal designation of
Shelby County, as found at 40 CFR part 81, from nonattainment to
attainment for the 2008 8-hour ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
process for the 2027 NOX and VOC MVEBs for the Tennessee
portion of the Memphis, TN-MS-AR Area. The Adequacy comment period
began on January 27, 2016, with EPA's posting of the availability of
Tennessee's submissions on EPA's Adequacy Web site (https://www3.epa.gov/otaq/stateresources/transconf/currsips.htm#shelby-cnty).
The Adequacy comment period for these MVEBs closed on February 26,
2016. No comments, adverse or otherwise, were received during the
Adequacy comment period. Please see section VII of this proposed
rulemaking for further explanation of this process and for more details
on the MVEBs.
In summary, today's notice of proposed rulemaking is in response to
Tennessee's January 19, 2016, redesignation request and associated SIP
submission that address the specific issues summarized above and the
necessary elements described in section 107(d)(3)(E) of the CAA for
redesignation of the Tennessee portion of the Memphis, TN-MS-AR Area to
attainment for the 2008 8-hour ozone NAAQS.
II. What is the background for EPA's proposed actions?
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in Appendix P of part
50.
[[Page 22950]]
The Memphis, TN-MS-AR Area was designated nonattainment for the
2008 8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012) using
2008-2010 ambient air quality data. See 77 FR 30088. At the time of
designation, the Memphis, TN-MS-AR Area was classified as a marginal
nonattainment area for the 2008 8-hour ozone NAAQS. In the final
implementation rule for the 2008 8-hour ozone NAAQS (SIP Implementation
Rule),\2\ EPA established ozone nonattainment area attainment dates
based on Table 1 of section 181(a) of the CAA. This established an
attainment date three years after the July 20, 2012, effective date for
areas classified as marginal areas for the 2008 8-hour ozone
nonattainment designations. Therefore, the Memphis, TN-MS-AR Area's
attainment date is July 20, 2015.
---------------------------------------------------------------------------
\2\ This rule, entitled Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements and published at 80 FR 12264 (March 6, 2015), addresses
a range of nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), major new source review (NSR), emission
inventories, and the timing of SIP submissions and of compliance
with emission control measures in the SIP. This rule also addresses
the revocation of the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone NAAQS are revoked.
---------------------------------------------------------------------------
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498), and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
IV. Why is EPA proposing these actions?
On January 19, 2016, the State of Tennessee, through TDEC,
requested that EPA redesignate the Tennessee portion of the Memphis,
TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS and approve
the associated SIP revision submitted on the same date. EPA's
evaluation indicates that the entire Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS and that the Tennessee portion of
the Memphis, TN-MS-AR Area meets the requirements for redesignation as
set forth in CAA section 107(d)(3)(E), including the maintenance plan
requirements under CAA section 175A and associated MVEBs. Also, based
on Tennessee's January 19, 2016, submittal, EPA is proposing to
determine that the base year emissions inventory, included in
Tennessee's January 19, 2016, submittal, meets the requirements under
CAA section 182(a)(1). Approval of the base year emissions inventory is
a prerequisite to redesignating an ozone nonattainment area to
attainment. As a result of these proposed findings, EPA is proposing to
take the four related actions summarized in section I of this notice.
V. What is EPA's analysis of the redesignation request and January 19,
2016, SIP submission?
As stated above, in accordance with the CAA, EPA proposes in
today's action to: (1) Approve the 2008 8-hour ozone NAAQS base year
emissions inventory for the Tennessee portion of the Area into the
Tennessee SIP; (2) determine that the Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS; (3) approve the 2008 8-hour ozone
NAAQS maintenance plan, including the associated MVEBs, into the
Tennessee SIP; and (4) redesignate the Tennessee portion of the
Memphis, TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS.
A. Emission Inventory
Section 182(a)(1) of the CAA requires states to submit a
comprehensive, accurate, and current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in each ozone
nonattainment area. The section 182(a)(1) base year emissions inventory
is defined in the SIP Requirements Rule as ``a comprehensive, accurate,
current inventory of actual emissions from sources of VOC and
NOX emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The
inventory year must be selected consistent with the baseline year for
an RFP plan as required by 40 CFR 51.1110(b),\3\ and the inventory must
[[Page 22951]]
include actual ozone season day emissions as defined in 40 CFR
51.1100(cc) \4\ and contain data elements consistent with the detail
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e).
In addition, the point source emissions included in the inventory must
be reported according to the point source emissions thresholds of the
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart
A. See 40 CFR 51.1115(d).
---------------------------------------------------------------------------
\3\ 40 CFR 51.1110(b) states that ``at the time of designation
for the 2008 ozone NAAQS the baseline emissions inventory shall be
the emissions inventory for the most recent calendar year for which
a complete triennial inventory is required to be submitted to EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided the state
demonstrates why it is appropriate to use the alternative baseline
year, and provided that the year selected is between the years 2008
to 2012.''
\4\ ``Ozone season day emissions'' is defined as ``an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in
the ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans
and/or emissions budgets for transportation conformity.'' See 40 CFR
51.1100(cc).
---------------------------------------------------------------------------
Tennessee selected 2011 as the year for the CAA section 182(a)(1)
emissions inventory which is the year corresponding with the first
triennial inventory under 40 CFR part 51, subpart A. The emissions
inventory is based on data developed and submitted by TDEC and Shelby
County Health Department to EPA's 2011 National Emissions Inventory
(NEI), and it contains data elements consistent with the detail
required by 40 CFR part 51, subpart A.\5\
---------------------------------------------------------------------------
\5\ Data downloaded from the EPA EIS from the 2011 NEI was
subjected to quality assurance procedures described under quality
assurance details under 2011 NEI Version 1 Documentation located at:
https://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc.
The quality assurance and quality control procedures and measures
associated with this data are outlined in the State's EPA-approved
Emission Inventory Quality Assurance Project Plan.
---------------------------------------------------------------------------
Tennessee's emissions inventory for its portion of the Area
provides 2011 emissions data for NOX and VOCs for the
following general source categories: Point, area, non-road mobile, and
on-road mobile. A detailed discussion of the inventory development is
located in Attachment VII to Tennessee's January 19, 2016, SIP
submittal which is provided in the docket for this action. Table 1,
below, provides a summary of the emissions inventory.
Table 1--2011 Point, Area, Non-Road Mobile, and On-Road Mobile Sources Emissions for the Tennessee Portion of the Memphis Area
[Tons per typical summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point Area * Non-road mobile ** On-road mobile
County -------------------------------------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shelby County................................... 18.30 9.49 4.53 46.88 29.24 15.09 37.90 16.11
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Includes Prescribed Burning.
** Includes nonroad equipment, airports, Commercial Marine Vessels (CMVs), and locomotives.
The emissions inventory includes all anthropogenic VOC and
NOXsources for Shelby County, Tennessee. NOx and VOC
emissions were calculated for a typical summer July day, taking into
account the seasonal adjustment factor for summer operations. More
detail on the inventory emissions for individual sources categories is
provided below and in Attachment VII to Tennessee's January 19, 2016,
SIP submittal.
Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. The inventory
contains point source emissions data for facilities located within
Shelby County based on the Shelby County, Tennessee, Emissions
Inventory Questionnaire (EIQ) which is an annual emissions inventory
survey conducted by the Shelby County Health Department. Each facility
was required to update the data through the EIQ with information for
the requested year and return the updated data to Shelby County Health
Department.
Area sources are small emission stationary sources which, due to
their large number, collectively have significant emissions (e.g., dry
cleaners, service stations). Emissions for these sources were estimated
by multiplying an emission factor by such indicators of collective
emissions activity as production, number of employees, or population.
These emissions were estimated at the county level. Tennessee submitted
an inventory that it developed for the NEI in accordance with the AERR.
Tennessee developed its inventory according to the current EPA
emissions inventory guidance for area sources.\6\
---------------------------------------------------------------------------
\6\ This guidance includes: Procedures for the Preparation of
Emission Inventories of Carbon Monoxide and Precursors of Ozone,
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources
(Revised January 2001, updated April 2001).
---------------------------------------------------------------------------
On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. Tennessee developed its on-
road emissions inventory using EPA's Motor Vehicle Emissions Simulator
(MOVES) model with input data from the Memphis Metropolitan Planning
Organization (MPO).\7\ County level on-road modeling was conducted
using county-specific vehicle population and other local data.
Tennessee developed its inventory according to the current EPA
emissions inventory guidance for on-road mobile sources using MOVES
version 2014.
---------------------------------------------------------------------------
\7\ Tennessee used MOVES2014 technical guidance: Using MOVES to
Prepare Emission Inventories in State Implementation Plans and
Transportation Conformity, EPA-420-b-15-007 (January 2015).
---------------------------------------------------------------------------
Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation, and other purposes that
do not use roadways (e.g., lawn mowers, construction equipment,
railroad locomotives, and aircraft). Tennessee calculated emissions for
most of the non-road mobile sources using EPA's NONROAD2008a model \8\
and developed its non-road mobile source inventory according to the
current EPA emissions inventory guidance for non-road mobile
sources.\9\
---------------------------------------------------------------------------
\8\ For consistency with the NEI, Tennessee included emissions
data for aircraft, locomotive, and commercial marine vessels (CMV)
by county. CMV emissions for 2011 were primarily based on EPA's 2011
NEI, U.S. Corps of Engineers' 2012 Waterborne Commerce, and 2012
survey of railroad companies operating in Shelby County.
\9\ This guidance includes: Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (December
1992).
---------------------------------------------------------------------------
For the reasons discussed above, EPA has preliminarily determined
that Tennessee's emissions inventory meets the requirements under CAA
section 182(a)(1) and the SIP Requirements Rule for the 2008 8-hour
ozone NAAQS. Approval of Tennessee's redesignation request is
contingent upon EPA's final approval of the base year emissions
inventory for the 2008 8-hour ozone NAAQS.
[[Page 22952]]
B. Redesignation Request and Maintenance Demonstration
The five redesignation criteria provided under CAA section
107(d)(3)(E) are discussed in greater detail for the Area in the
following paragraphs of this section.
Criteria (1)--The Memphis, TN-MS-AR Area Has Attained the 2008 8-Hour
Ozone NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS. See CAA section 107(d)(3)(E)(i). For ozone, an area may be
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15
and appendix P of part 50, based on three complete, consecutive
calendar years of quality-assured air quality monitoring data. To
attain the NAAQS, the 3-year average of the fourth-highest daily
maximum 8-hour average ozone concentrations measured at each monitor
within an area over each year must not exceed 0.075 ppm. Based on the
data handling and reporting convention described in 40 CFR part 50,
appendix P, the NAAQS are attained if the design value is 0.075 ppm or
below. The data must be collected and quality-assured in accordance
with 40 CFR part 58 and recorded in EPA's Air Quality System (AQS). The
monitors generally should have remained at the same location for the
duration of the monitoring period required for demonstrating
attainment.
In this action, EPA is preliminarily determining that the Memphis,
TN-MS-AR Area has attained the 2008 8-hour ozone NAAQS. EPA reviewed
ozone monitoring data from monitoring stations in the Memphis, TN-MS-AR
Area for the 2008 8-hour ozone NAAQS for 2012-2014, and the design
values for each monitor in the Area are less than 0.075 ppm. These data
have been quality-assured, are recorded in AQS, and indicate that the
Area is attaining the 2008 8-hour ozone NAAQS. The fourth-highest 8-
hour ozone values at each monitor for 2012, 2013, 2014, and the 3-year
averages of these values (i.e., design values), are summarized in Table
2, below.
Table 2--2012-2014 Design Value Concentrations for the Memphis, TN-MS-AR Area
[ppm]
----------------------------------------------------------------------------------------------------------------
4th Highest 8-hour ozone value (ppm) 3-Year design
------------------------------------------------ values (ppm)
Location Site ---------------
2012 2013 2014 2012-2014
----------------------------------------------------------------------------------------------------------------
Shelby, TN.................... Frayser......... 0.083 0.069 0.067 0.073
Shelby, TN.................... Orgill Park..... 0.084 0.063 0.065 0.070
Shelby, TN.................... Shelby Farms.... 0.086 0.069 0.066 0.073
Crittenden, AR................ Marion.......... 0.079 0.067 0.067 0.071
DeSoto, MS.................... Hernando........ 0.075 0.065 0.067 0.069
----------------------------------------------------------------------------------------------------------------
The 3-year design value for 2012-2014 for the Memphis, TN-MS-AR
Area is 0.073 ppm,\10\ which meets the NAAQS. EPA has reviewed 2015
preliminary monitoring data for the Area and the preliminary data does
not indicate a violation of the NAAQS.\11\ In today's action, EPA is
proposing to determine that the Memphis, TN-MS-AR Area has attained the
2008 8-hour ozone NAAQS. EPA will not take final action to approve the
redesignation if the 3-year design value exceeds the NAAQS prior to EPA
finalizing the redesignation. As discussed in more detail below,
Tennessee has committed to continue monitoring in this Area in
accordance with 40 CFR part 58.
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\10\ The highest 3-year design value among the monitoring
stations is the design value for the Area.
\11\ This preliminary data is available at EPA's air data Web
site: https://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
---------------------------------------------------------------------------
Criteria (2)--Tennessee Has a Fully Approved SIP Under Section 110(k)
for the Tennessee Portion of the Memphis, TN-MS-AR Area; and Criteria
(5)--Tennessee Has Met All Applicable Requirements Under Section 110
and Part D of Title I of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Tennessee has met all applicable SIP requirements
for the Tennessee portion of the Area under section 110 of the CAA
(general SIP requirements) for purposes of redesignation. Additionally,
EPA proposes to find that Tennessee has met all applicable SIP
requirements for purposes of redesignation under part D of title I of
the CAA in accordance with section 107(d)(3)(E)(v) and proposes to
determine that the SIP is fully approved with respect to all
requirements applicable for purposes of redesignation in accordance
with section 107(d)(3)(E)(ii) contingent upon approval of the 182(a)(1)
base year emissions inventory for the 2008 8-hour ozone NAAQS for the
Tenessee portion of the Area. In making these determinations, EPA
ascertained which requirements are applicable to the Area and, if
applicable, that they are fully approved under section 110(k). SIPs
must be fully approved only with respect to requirements that were
applicable prior to submittal of the complete redesignation request.
a. The Tennessee Portion of the Memphis, TN-MS-AR Area Has Met All
Applicable Requirements Under Section 110 and Part D of the CAA
General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration
[[Page 22953]]
(PSD)) and provisions for the implementation of part D requirements
(NSR permit programs); provisions for air pollution modeling; and
provisions for public and local agency participation in planning and
emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
In addition, EPA believes other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110 and part D
requirements which are linked with a particular area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with EPA's existing
policy on applicability (i.e., for redesignations) of conformity and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
2008); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
Title I, part D, applicable SIP requirements. Section 172(c) of the
CAA sets forth the basic requirements of attainment plans for
nonattainment areas that are required to submit them pursuant to
section 172(b). Subpart 2 of part D, which includes section 182 of the
CAA, establishes specific requirements for ozone nonattainment areas
depending on the area's nonattainment classification. As provided in
subpart 2, a marginal ozone nonattainment area, such as the Memphis,
TN-MS-AR Area, must submit an emissions inventory that complies with
section 172(c)(3), but the specific requirements of section 182(a)
apply in lieu of the demonstration of attainment (and contingency
measures) required by section 172(c). See 42 U.S.C. 7511a(a). A
thorough discussion of the requirements contained in sections 172(c)
and 182 can be found in the General Preamble for Implementation of
Title I (57 FR 13498).
Section 182(a) requirements. Section 182(a)(1) requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from sources of VOC and NOx emitted within the boundaries of
the ozone nonattainment area. Tennessee provided an emissions inventory
for the Tennessee portion of the Area to EPA in a January 19, 2016, SIP
submission. Specifically, Tennessee addressed this requirement by
submitting a 2011 base year emissions inventory for the Tennessee
portion of the Area. EPA is proposing approval of Tennessee's 2011 base
year emissions inventory in this action (see Section V.A. above).
Tennessee's section 182(a)(1) inventory must be approved before EPA can
take final action to approve the State's redesignation request for the
Tennessee portion of the Area.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC RACT rules that were required under
section 172(b)(3) of the CAA (and related guidance) prior to the 1990
CAA amendments. The Tennessee portion of the Memphis, TN-MS-AR Area is
not subject to the section 182(a)(2) RACT ``fix up'' because the Area
was designated as nonattainment after the enactment of the 1990 CAA
amendments.
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented, or was required to implement, an
inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision providing for an I/M program no
less stringent than that required prior to the 1990 amendments or
already in the SIP at the time of the amendments, whichever is more
stringent. The Tennessee portion of the Memphis, TN-MS-AR Area is not
subject to the section 182(a)(2)(B) because it was designated as
nonattainment after the enactment of the 1990 CAA amendments and did
not have an I/M program in place for ozone prior to those amendments.
Regarding the permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), Tennessee currently has a fully
approved part D NSR program in place. However, EPA has determined that
areas being redesignated need not comply with the requirement that a
NSR program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR, because PSD
requirements will apply after redesignation. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Tennessee's PSD program will become
applicable in the Memphis, TN-MS-AR Area upon redesignation to
attainment.
Section 182(a)(3) requires states to submit periodic inventories
and emissions statements. Section 182(a)(3)(A) requires states to
submit a periodic inventory every three years. As discussed below in
the section of this notice titled Verification of Continued Attainment,
the State will continue to update its emissions inventory at least once
every three years. Under section 182(a)(3)(B), each state with an ozone
nonattainment area must submit a SIP revision requiring emissions
statements to be submitted to the state by sources within that
nonattainment area. Tennessee provided a SIP revision to EPA on January
5, 2015, addressing the section 182(a)(3)(B) emissions statements
requirement, and on March 5, 2015, EPA published a direct final rule
approving this SIP revision. See 80 FR 11974.
Section 176 conformity requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
[[Page 22954]]
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with federal conformity regulations relating to
consultation, enforcement, and enforceability that EPA promulgated
pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \12\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation
of Tampa, Florida). Nonetheless, Tennessee has an approved conformity
SIP for the Tennessee portion of the Memphis, TN-MS-AR Area. See 78 FR
29027 (May 17, 2013). Thus, EPA proposes that the Tennessee portion of
the Memphis, TN-MS-AR Area has satisfied all applicable requirements
for purposes of redesignation under section 110 and part D of title I
of the CAA contingent upon approval of the 182(a)(1) base year
emissions inventory.
---------------------------------------------------------------------------
\12\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from the MVEBs that are established in
control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
b. The Tennessee Portion of the Memphis, TN-MS-AR Area Has a Fully
Approved Applicable SIP Under Section 110(k) of the CAA
EPA has fully approved the applicable Tennessee SIP for the
Memphis, TN-MS-AR Area under section 110(k) of the CAA for all
requirements applicable for purposes of redesignation except for the
182(a)(1) base year emissions inventory. EPA may rely on prior SIP
approvals in approving a redesignation request (see Calcagni Memorandum
at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d
984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional
measures it may approve in conjunction with a redesignation action (see
68 FR 25426 (May 12, 2003) and citations therein). Tennessee has
adopted and submitted, and EPA has fully approved at various times,
provisions addressing various SIP elements applicable for the ozone
NAAQS. See 78 FR 14450 (March 6, 2013).
As indicated above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation. With the exception of the emissions
inventory requirement, which is addressed in this action, EPA has
approved all part D requirements applicable for purposes of this
redesignation. As noted above, EPA has approved Tennessee's emissions
statements SIP revisions under CAA section 182(a)(3)(B). See 80 FR
11974 (March 5, 2015).
Criteria (3)--The Air Quality Improvement in the Memphis, TN-MS-AR Area
Is Due to Permanent and Enforceable Reductions in Emissions Resulting
From Implementation of the SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Reductions
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that
Tennessee has demonstrated that the observed air quality improvement in
the Memphis, TN-MS-AR Area is due to permanent and enforceable
reductions in emissions resulting from federal measures and are not the
result of weather conditions.\13\ EPA does not have any information to
suggest that the decrease in ozone concentrations in the Memphis, TN-
MS-AR Area is due to unusually favorable meteorological conditions.
---------------------------------------------------------------------------
\13\ Tennessee compared ozone data on days with the highest 8-
hour ozone maxima in 2005 and 2006 to ozone data on days of
comparative weather conditions in 2012-2014. The weather parameters
used in the comparison were maximum temperature, dew point
depression, relative humidity, cloud cover, wind direction and wind
speed. The ozone levels in 2005-2006 were considerably higher than
the ozone levels during similar weather conditions in 2012-2014
indicating that emission reductions between 2006 and 2014 are the
reason for the reduction in ozone levels. Details of the analysis
are found in Attachment I to Tennessee's January 19, 2016, SIP
submittal.
---------------------------------------------------------------------------
Federal measures enacted in recent years have resulted in permanent
emission reductions. The federal measures that have been implemented
include the following:
Tier 2 vehicle and fuel standards. Implementation began in 2004 and
requires all passenger vehicles in any manufacturer's fleet to meet an
average standard of 0.07 grams of NOX per mile.
Additionally, in January 2006, the sulfur content of gasoline was
required to be on average 30 ppm which assists in lowering the
NOX emissions. EPA expects that these standards will reduce
NOX emissions from vehicles by approximately 74 percent by
2030, translating to nearly 3 million tons annually by
2030.14 15
---------------------------------------------------------------------------
\14\ EPA, Regulatory Announcement, EPA420-F-99-051 (December
1999), available at: https://www.epa.gov/tier2/documents/f99051.pdf.
\15\ The Memphis Area MPO estimates for Shelby County alone
emission reductions of 2.05 tons per day (tpd) for NOX (a
4.7 percent reduction) and 0.54 tpd for VOCs (3 percent reduction)
from 2009 to 2012. TDEC notes that this occurred when the vehicle
miles traveled (VMT) increased by 9.3 percent.
---------------------------------------------------------------------------
Heavy-duty gasoline and diesel highway vehicle standards. EPA
issued this rule in January 2001 (66 FR 5002). This rule includes
standards limiting the sulfur content of diesel fuel, which went into
effect in 2004. A second phase took effect in 2007, which further
reduced the highway diesel fuel sulfur content to 15 ppm, leading to
additional reductions in combustion NOX and VOC emissions.
EPA expects that this rule will achieve a 95 percent reduction in
NOX emissions from diesel trucks and buses and will reduce
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty
vehicles that comply with these emission standards.\16\
---------------------------------------------------------------------------
\16\ 66 FR 5002, 5012 (January 18, 2001).
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Large non-road diesel engines rule. This rule was promulgated in
2004 and was phased in between 2008 through 2014. This rule reduces the
sulfur content in the nonroad diesel fuel and reduces NOX,
VOC, particulate matter, and carbon monoxide emissions. These emission
reductions are federally enforceable. EPA issued this rule in June
2004, which applies to diesel engines used in industries such as
construction, agriculture, and mining. It is estimated that compliance
with this rule will cut NOX emissions from non-road diesel
engines by up to 90 percent nationwide.
Nonroad spark-ignition engines and recreational engines standards.
The nonroad spark-ignition and recreational engine standards, effective
in July 2003, regulate NOX, hydrocarbons, and carbon
monoxide from groups of previously unregulated nonroad engines. These
engine standards apply to large spark-ignition engines (e.g., forklifts
and airport ground service equipment), recreational vehicles (e.g.,
off-highway motorcycles and all-terrain-vehicles), and recreational
marine diesel engines sold in the United States and imported after the
effective date of these
[[Page 22955]]
standards. When all of the nonroad spark-ignition and recreational
engine standards are fully implemented, an overall 72 percent reduction
in hydrocarbons, 80 percent reduction in NOX, and 56 percent
reduction in carbon monoxide emissions are expected by 2020. These
controls reduce ambient concentrations of ozone, carbon monoxide, and
fine particulate matter.
National program for greenhouse gas (GHG) emissions and fuel
economy standards. The federal GHG and fuel economy standards apply to
light-duty cars and trucks in model years 2012-2016 (phase 1) and 2017-
2025 (phase 2). The final standards are projected to result in an
average industry fleet-wide level of 163 grams/mile of carbon dioxide
which is equivalent to 54.5 miles per gallon if achieved exclusively
through fuel economy improvements. The fuel economy standards result in
less fuel being consumed, and therefore less NOX emissions
released.
EPA proposes to find that the improvements in air quality in the
Memphis, TN-MS-AR Area are due to real, permanent and enforceable
reductions in NOX and VOC emissions resulting from the
federal measures discussed above.
Criteria (4)--The Tennessee Portion of the Memphis, TN-MS-AR Area Has a
Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Tennessee portion of the Memphis, TN-MS-AR Area to attainment for the
2008 8-hour ozone NAAQS, TDEC submitted a SIP revision to provide for
the maintenance of the 2008 8-hour ozone NAAQS for at least 10 years
after the effective date of redesignation to attainment. EPA has made
the preliminary determination that this maintenance plan meets the
requirements for approval under section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for the
remainder of the 20-year period following the initial 10-year period.
To address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures as EPA deems necessary to assure
prompt correction of any future 2008 8-hour ozone violations. The
Calcagni Memorandum provides further guidance on the content of a
maintenance plan, explaining that a maintenance plan should address
five requirements: The attainment emissions inventory, maintenance
demonstration, monitoring, verification of continued attainment, and a
contingency plan. As is discussed more fully below, EPA has
preliminarily determined that Tennessee's maintenance plan includes all
the necessary components and is thus proposing to approve it as a
revision to the Tennessee SIP.
b. Attainment Emissions Inventory
As discussed above, EPA is proposing to determine that the Memphis,
TN-MS-AR Area has attained the 2008 8-hour ozone NAAQS based on
quality-assured monitoring data for the 3-year period from 2012-2014,
and is continuing to attain the standard based on preliminary 2015
data. Tennessee selected 2012 as the base year (i.e., attainment
emissions inventory year) for developing a comprehensive emissions
inventory for NOX and VOC, for which projected emissions
could be developed for 2017, 2020, and 2027. The attainment inventory
identifies a level of emissions in the Area that is sufficient to
attain the 2008 8-hour ozone NAAQS. Tennessee began development of the
attainment inventory by first generating a baseline emissions inventory
for the State's portion of the Memphis, TN-MS-AR Area. The State
projected summer day emission inventories using projected rates of
growth in population, traffic, economic activity, and other parameters.
In addition to comparing the final year of the plan (2027) to the base
year (2012), Tennessee compared interim years to the baseline to
demonstrate that these years are also expected to show continued
maintenance of the 2008 8-hour ozone standard.
The emissions inventory is composed of four major types of sources:
Point, area, on-road mobile, and non-road mobile. Complete descriptions
of how the State developed these inventories are located in Attachment
I of the January 19, 2016, SIP submittal.
Point source emissions are tabulated from data collected by direct
on-site measurements of emissions or from mass balance calculations
utilizing approved emission factors. The 2012 base year inventory
contains point source emissions data for facilities located within
Shelby County. Each facility was required to update the data through
the EIQ with information for the requested year and return the updated
data to Shelby County Health Department. The point source emissions
inventory for Shelby County is located in the docket for today's
action. For each projected year's inventory for 2017, 2020, and 2027,
the State projected point source emissions using growth factors
developed from the United States Department of Energy's 2014 Annual
Energy Outlook (AEO) projections and the University of Tennessee, Data
Center 2014 Econometric Model Forecast. A conservative value of 1 was
substituted for all negative growth factors. Growth factors used for
this analysis include fuel consumption, employment, and population
changes.
Emissions for area sources were estimated by multiplying an
emission factor by such indicators of collective emissions activity as
production, number of employees, or population. These emissions were
estimated at the county level. Tennessee used a similar method to that
used to develop the 2011 emissions inventory. For each projected year's
inventory, emission factors are used to determine area source
emissions. Tennessee developed its inventory according to the current
EPA emissions inventory guidance for area sources.\17\
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\17\ This guidance includes: Procedures for the Preparation of
Emission Inventories of Carbon Monoxide and Precursors of Ozone,
Vol. 1, EPA-450/4-91-016 (May 1991) and Emissions Inventory
Improvement Program (EIIP) Technical Report, Vol. 3, Area Sources
(Revised January 2001, updated April 2001).
---------------------------------------------------------------------------
Tennessee developed its 2012 on-road emissions inventory using
EPA's MOVES2014 model with input data from the MPO.\18\ County level
on-road modeling was conducted using county-specific vehicle population
and other local data. Tennessee developed its inventory according to
the current EPA emissions inventory guidance for on-road mobile sources
using MOVES2014. The MOVES2014 model includes the VMT as an input file
and can directly output the estimated emissions. For each projected
year's inventory,
[[Page 22956]]
Tennessee calculated the on-road mobile sources emissions by running
the MOVES mobile model for the future year with the projected VMT to
generate emissions that take into consideration expected federal
tailpipe standards, fleet turnover, and new fuels.
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\18\ Tennessee used MOVES2014 technical guidance: Using MOVES to
Prepare Emission Inventories in State Implementation Plans and
Transportation Conformity, EPA-420-b-15-007 (January 2015).
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Non-road mobile sources include non-road equipment, airport,
commercial marine vessels, and locomotives. The majority of the non-
road mobile emissions in the U.S. are from the non-road equipment
segment (i.e., agricultural equipment, construction equipment, lawn and
garden equipment, and recreational vehicles, such as boats and jet-
skis). Tennessee calculated emissions for most of the non-road mobile
sources using EPA's NONROAD2008a model within EPA's MOVES2014 model and
developed its non-road mobile source inventory according to the current
EPA emissions inventory guidance for non-road mobile sources.\19\
---------------------------------------------------------------------------
\19\ This guidance includes: Procedures for Emission Inventory
Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (December
1992).
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c. Maintenance Demonstration
The maintenance plan associated with the redesignation request
includes a maintenance demonstration that:
(i) Shows compliance with and maintenance of the 2008 8-hour ozone
NAAQS by providing information to support the demonstration that
current and future emissions of NOX and VOC remain at or
below 2012 emissions levels.
(ii) Uses 2012 as the attainment year and includes future emissions
inventory projections for 2017, 2020, and 2027.
(iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan. Per 40
CFR part 93, NOX and VOC MVEBs were established for the last
year (2027) of the maintenance plan (see section VI below).
(iv) Provides actual (2012) and projected emissions inventories, in
tons per summer day (tpsd), for the Tennessee portion of the Memphis,
TN-MS-AR Area, as shown in Tables 3 and 4, below.
Table 3--Actual and Projected Average Summer Day NOX Emissions (tpd) for the Tennessee Portion of the Memphis,
TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
Sector 2012 2017 2020 2027
----------------------------------------------------------------------------------------------------------------
Point........................................... 13.87 13.45 8.34 8.43
Area............................................ 4.11 4.18 4.24 4.33
Non-road........................................ 35.93 32.09 30.57 29.77
On-road......................................... 61.56 31.30 22.42 12.51
---------------------------------------------------------------
Total....................................... 115.47 81.01 65.56 55.05
----------------------------------------------------------------------------------------------------------------
Table 4--Actual and Projected Average Summer Day VOC Emissions (tpd) for the Tennessee Portion of the Memphis,
TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
Sector 2012 2017 2020 2027
----------------------------------------------------------------------------------------------------------------
Point........................................... 9.30 6.64 6.22 6.24
Area............................................ 44.04 45.33 45.53 46.30
Non-road........................................ 28.44 21.32 19.76 19.33
On-road......................................... 19.01 11.22 8.75 5.81
---------------------------------------------------------------
Total....................................... 100.79 84.51 80.26 77.69
----------------------------------------------------------------------------------------------------------------
Tables 3 and 4 summarize the 2012 and future projected emissions of
NOX and VOC from the Tennessee portion of the Memphis, TN-
MS-AR Area. In situations where local emissions are the primary
contributor to nonattainment, such as the Memphis, TN-MS-AR Area if the
future projected emissions in the nonattainment area remain at or below
the baseline emissions in the nonattainment area, then the related
ambient air quality standard should not be exceeded in the future.
Tennessee has projected emissions as described previously and
determined that emissions in the Tennessee portion of the Memphis, TN-
MS-AR Area will remain below those in the attainment year inventory for
the duration of the maintenance plan.
As discussed in section VI of this proposed rulemaking, a safety
margin is the difference between the attainment level of emissions
(from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which the area met
the NAAQS. Tennessee selected 2012 as the attainment emissions
inventory year for the Tennessee portion of the Memphis, TN-MS-AR Area.
Tennessee calculated safety margins in its submittal for 2027. The
State has allocated a portion of the 2027 safety margin to the 2027
MVEBs for the Memphis, TN-MS-AR Area.
Table 5--Safety Margins for the Tennessee Portion of the Memphis, TN-MS-
AR Area
------------------------------------------------------------------------
Year VOC (tpd) NOX (tpd)
------------------------------------------------------------------------
2027.......................................... 23.10 60.42
------------------------------------------------------------------------
The State has decided to allocate a portion of the available safety
margin to the 2027 MVEBs to allow for unanticipated growth in VMT,
changes and uncertainty in vehicle mix assumptions, etc., that will
influence the emission estimations. Tennessee has allocated 49.04 tpd
of the NOX safety margin to the 2027 NOX MVEB and
13.19 tpd of the VOC safety margin to the 2027 VOC MVEB. After
allocation of the available safety margin, the remaining safety margin
is 11.38 tpd for
[[Page 22957]]
NOX and 9.91 tpd for VOC. This allocation and the resulting
available safety margin for the Tennessee portion of the Memphis, TN-
MS-AR Area are discussed further in section VI of this proposed
rulemaking along with the MVEBs to be used for transportation
conformity proposes.
d. Monitoring Network
There currently are five monitors measuring ozone in the Memphis,
TN-MS-AR Area, of which three are in the Tennessee portion of the
Memphis, TN-MS-AR Area. Tennessee has committed to continue operation
of the monitors in the Tennessee portion of the Memphis, TN-MS-AR Area
in compliance with 40 CFR part 58 and has thus addressed the
requirement for monitoring. Arkansas and Mississippi have made similar
commitments in their maintenance plans. EPA approved Tennessee's
monitoring plan on October 26, 2015. EPA approved Arkansas' monitoring
plan on November 16, 2015, and approved Mississippi's monitoring plan
on October 6, 2015.
e. Verification of Continued Attainment
TDEC has the legal authority to enforce and implement the
maintenance plan for the Tennessee portion of the Area. This includes
the authority to adopt, implement, and enforce any subsequent emissions
control contingency measures determined to be necessary to correct
future ozone attainment problems.
Additionally, under the AERR, TDEC is required to develop a
comprehensive, annual, statewide emissions inventory every three years
that is due twelve to eighteen months after the completion of the
inventory year. Tennessee will update the AERR inventory every three
years beginning no later than the 2015 emission season and will use the
updated emissions inventory to track progress of the maintenance plan.
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must include a requirement that a state will implement all measures
with respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
In the January 19, 2016, submittal, Tennesee commits to continuing
existing programs and commits to implement programs and measures
depending upon emission inventory and air quality monitoring results.
The contingency plan included in the submittal includes a triggering
mechanism to determine when contingency measures are needed and a
process of developing and implementing appropriate control measures.
The primary trigger is activated when emissions or ambient air
monitoring data indicates possible future ozone levels violating the
2008 8-hour ozone NAAQS but an actual violation of the 2008 8-hour
ozone NAAQS has not yet occurred. This will occur if the certified
triennial emissions inventory of VOCs or NOX (summer season
tons per day) exceeds the 2012 base year attainment inventory by ten
percent or more and any area monitor has recorded at least one
exceedance of the ozone NAAQS according to certified data during the
most recent monitoring season. The Shelby County Health Department will
then conduct an investigation lasting no longer than three months into
the possible causes. The results will be reported to EPA and TDEC. If
the data is valid and not due to unusual circumstances, the Shelby
County Health Department will seek to expand voluntary programs \20\
and develop regulations as appropriate following consultation with EPA
and TDEC. Proof of regulation adoption will be sent to EPA within nine
months and implementation of regulations will occur within 18 to 24
months after monitoring data is certified. Possible contingency
measures include, but are not limited to:
---------------------------------------------------------------------------
\20\ If the State adopts a voluntary emission reduction measure
as a contingency measure necessary to attain or maintain the NAAQS,
EPA will evaluate approvability in accordance with relevant Agency
guidance regarding the incorporation of voluntary measures into
SIPs. See, e.g., Memorandum from Richard D. Wilson, Acting
Administrator for Air and Radiation, to EPA Regional Administrators
re: Guidance on Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans (SIPs) (October 24,
1997); EPA, Office of Air and Radiation, Incorporating Emerging and
Voluntary Measures in a State Implementation Plan (SIP) (September
2004).
---------------------------------------------------------------------------
[cir] Programs or incentives to decrease motor vehicle use;
[cir] Programs to require additional emissions reductions on
stationary sources;
[cir] Restrictions of certain roads or lanes for, or construction
of such roads or lanes for use by, passenger buses or high-occupancy
vehicles;
[cir] Employer-based transportation incentive plans; and
[cir] Additional programs for new construction of paths for use by
pedestrian or non-motorized vehicles when economically feasible and in
the public interest.
The secondary trigger is a violation of the 2008 8-hour ozone NAAQS
(i.e., when the three-year average of the 4th highest values is equal
to or greater than 0.076 ppm at a monitor in the Area). The trigger
date will be when a monitored violation of the 2008 ozone NAAQS occurs
in the nonattainment area according to certified data during the most
recent monitoring season. The Shelby County Health Department will then
conduct an investigation lasting no longer than three months into the
possible causes. The results will be reported to TDEC and EPA. If the
data is valid, further action is required, and the Shelby County Health
Department will seek to expand voluntary programs and develop
regulations for submission to the Shelby County Commission or Tennessee
State Air Board. Proof of adoption of such regulations will be
submitted to EPA within nine months after the end of the investigation.
Control measures will be implemented within 18 to 24 months after
verification of a monitored violation by certified data. In addition to
the measures stated for the primary trigger, the following measures may
also be implemented if there is a secondary trigger of a violation of
the standard:
[cir] A RACT regulation for legacy major sources of NOX
emissions in Shelby County; and
[cir] Adoption of all industrial and commercial VOC controls as
provided in final EPA-approved Control Technology Guidelines through
the date of the recorded violation.
EPA preliminarily concludes that the maintenance plan adequately
addresses the five basic components of a maintenance plan: The
attainment emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan.
Therefore, EPA proposes to find that the maintenance plan SIP revision
submitted by Tennessee for the State's portion of the Area meets the
requirements of section 175A of the CAA and is approvable.
[[Page 22958]]
VI. What is EPA's analysis of Tennessee's proposed NOX and
VOC MVEBs for the Tennessee portion of the area?
Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment demonstration
requirements) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. The MVEB is the portion of the total allowable emissions in
the maintenance demonstration that is allocated to highway and transit
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a
ceiling on emissions from an area's planned transportation system. The
MVEB concept is further explained in the preamble to the November 24,
1993, Transportation Conformity Rule (58 FR 62188). The preamble also
describes how to establish the MVEB in the SIP and how to revise the
MVEB.
After interagency consultation with the transportation partners for
the Memphis TN-MS-AR Area, Tennessee has developed MVEBs for
NOX and VOC for the Tennessee portion of the Area. Tennessee
developed these MVEBs, as required, for the last year of its
maintenance plan, 2027. The 2027 MVEBs reflect the total projected on-
road emissions for 2027, plus an allocation from the available
NOX and VOC safety margins. Under 40 CFR 93.101, the term
``safety margin'' is the difference between the attainment level (from
all sources) and the projected level of emissions (from all sources) in
the maintenance plan. The safety margin can be allocated to the
transportation sector; however, the total emissions must remain below
the attainment level. The NOX and VOC MVEBs and allocation
from the safety margin were developed in consultation with the
transportation partners and were added to account for uncertainties in
population growth, changes in model vehicle miles traveled, and new
emission factor models. The NOX and VOC MVEBs for the
Tennessee portion of the Area are identified in Table 6, below.
Table 6--Tennessee Portion of the Area NOX and VOC MVEBs (tpd)*
------------------------------------------------------------------------
2027
------------------------------------------------------------------------
NOX Base Emissions........................................... 12.51
NOX Safety Margin Allocated to MVEB.......................... 49.04
NOX MVEB..................................................... 61.56
VOC Base Emissions........................................... 5.81
VOC Safety Margin Allocated to MVEB.......................... 13.19
VOC MVEB..................................................... 19.01
------------------------------------------------------------------------
* The MVEBs do not total the sum of the base emissions and safety
margins due to rounding convention.
As mentioned above, Tennessee has chosen to allocate a portion of
the available safety margin to the NOX and VOC MVEBs for the
Tennessee portion of the Area. This allocation is 49.04 tpd and 13.19
tpd for NOX and VOC, respectively. Thus, the remaining
safety margins for 2027 are 11.38 tpd and 9.91 tpd NOX and
VOC, respectively.
Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and VOC for 2027 for the Tennessee Portion of the Area
because EPA has preliminarily determined that the Area maintains the
2008 8-hour ozone NAAQS with the emissions at the levels of the
budgets. Once the MVEBs for the Tennessee Portion of the Area are
approved or found adequate (whichever is completed first), they must be
used for future conformity determinations.
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the Tennessee portion of the
area?
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. Once
EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB must be used by state and
federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional
information on the adequacy process for transportation conformity
purposes is available in the proposed rule entitled, ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, Tennessee's maintenance plan includes
NOX and VOC MVEBs for the Tennessee portion of the Memphis
TN-MS-AR Area for 2027, the last year of the maintenance plan. EPA
reviewed the NOX and VOC MVEBs through the adequacy process.
The NOX and VOC MVEBs for the Tennessee portion of the area
were open for public comment on EPA's adequacy Web site on January 27,
2016, found at: https://www3.epa.gov/otaq/stateresources/transconf/currsips.htm#shelby-cnty. The EPA public comment period on adequacy for
the 2027 MVEBs for the Tennessee portion of the Area closed on February
[[Page 22959]]
26, 2016, and no comments, adverse or otherwise, were received.
EPA intends to make its determination on the adequacy of the 2027
MVEBs for the Tennessee portion of the Area for transportation
conformity purposes in the near future by completing the adequacy
process that was started on January 27, 2016. After EPA finds the 2027
MVEBs adequate or approves them, the new MVEBs for NOX and
VOC must be used for future transportation conformity determinations.
For required regional emissions analysis years for 2027 and beyond, the
applicable budgets will be the new 2027 MVEBs established in the
maintenance plan.
VIII. What is the effect of EPA's proposed actions?
EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval today. Approval
of Tennessee's redesignation request would change the legal designation
of Shelby County, Tennessee, in the Memphis TN-MS-AR Area, found at 40
CFR part 81, from nonattainment to attainment for the 2008 8-hour ozone
NAAQS. Approval of Tennessee's associated SIP revision would also
incorporate a plan for maintaining the 2008 8-hour ozone NAAQS in the
Tennessee portion of the Area through 2027 and a section 182(a)(1) base
year emissions inventory into the Tennessee SIP for the Area. The
maintenance plan establishes NOX and VOC MVEBs for 2027 for
the Tennessee portion of the Area and includes contingency measures to
remedy any future violations of the 2008 8-hour ozone NAAQS and
procedures for evaluation of potential violations. Additionally, EPA is
notifying the public of the status of EPA's adequacy determination for
the newly-established NOX and VOC MVEBs for 2027 for the
Tennessee portion of the Area.
IX. Proposed Actions
EPA is proposing to take four separate but related actions
regarding the redesignation request and associated SIP revision for the
Tennessee portion of the Memphis TN-MS-AR Area for the 2008 8-hour
ozone NAAQS. First, EPA is proposing to approve Tennessee's section
182(a)(1) base year emissions inventory for the 2008 8-hour ozone
standard for the Tennessee portion of the Area into the SIP.
Second, EPA is proposing to determine that the Memphis, TN-MS-AR
Area has attained the 2008 8-hour ozone NAAQS based on complete,
quality-assured and certified monitoring data for the 2012-2014
monitoring period. Preliminary 2015 data in AQS indicates that the Area
is continuing to attain the 2008 8-hour ozone NAAQS.
Third, EPA is proposing to approve the maintenance plan for the
Tennessee portion of the Area, including the NOX and VOC
MVEBs for 2027, into the Tennessee SIP (under CAA section 175A). The
maintenance plan demonstrates that the Area will continue to maintain
the 2008 8-hour ozone NAAQS.
Finally, EPA is proposing to approve Tennessee's redesignation
request for the 2008 8-hour ozone NAAQS for the Tennessee portion of
the Area contingent upon approval of the 182(a)(1) base year emissions
inventory for the Tennessee portion of the Area.
As part of today's action, EPA is also describing the status of its
adequacy determination for the NOX and VOC MVEBs for 2027 in
accordance with 40 CFR 93.118(f)(1). Within 24 months from the
effective date of EPA's adequacy determination for the MVEBs or the
effective date for the final rule for this action, whichever is
earlier, the transportation partners will need to demonstrate
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR
93.104(e)(3).
If finalized, approval of the redesignation request would change
the official designation of Shelby County, Tennessee in the Tennessee
portion of the Memphis TN-MS-AR Area for the 2008 8-hour ozone NAAQS
from nonattainment to attainment, as found at 40 CFR part 81.
X. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For this reason, these
proposed actions:
Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
[[Page 22960]]
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 8, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-08796 Filed 4-18-16; 8:45 am]
BILLING CODE 6560-50-P