Approval and Promulgation of Implementation Plans; AR; Redesignation of the Crittenden County, 2008 8-Hour Ozone Nonattainment Area to Attainment, 24030-24033 [2016-09451]
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24030
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
ADDRESSES section of this preamble for
more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
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15:10 Apr 22, 2016
Jkt 238001
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 24, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 17, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
PO 00000
Frm 00022
Fmt 4700
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Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(350)(i)(C)(3) and
(c)(441)(i)(D)(4) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(350) * * *
(i) * * *
(C) * * *
(3) Previously approved on January
10, 2008 in paragraph(c)(350)(i)(C)(1) of
this section and now deleted with
replacement in paragraph
(c)(441)(i)(D)(4), Rule 4702, ‘‘Internal
Combustion Engines,’’ amended on
January 18, 2007.
*
*
*
*
*
(441) * * *
(i) * * *
(D) * * *
(4) Rule 4702, ‘‘Internal Combustion
Engines,’’ amended on November 14,
2013.
*
*
*
*
*
[FR Doc. 2016–09430 Filed 4–22–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R06–OAR–2015–0852; FRL–9945–40–
Region 6]
Approval and Promulgation of
Implementation Plans; AR;
Redesignation of the Crittenden
County, 2008 8-Hour Ozone
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On December 10, 2015, the
State of Arkansas, through the Arkansas
Department of Environment Quality
(ADEQ), submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the portion of Arkansas
that is within the Memphis, TennesseeMississippi-Arkansas (Memphis, TNMS-AR) 2008 8-hour ozone
nonattainment area (hereafter referred to
as the ‘‘Memphis, TN-MS-AR Area’’ or
‘‘Area’’) and to approve a State
Implementation Plan (SIP) revision
containing a maintenance plan for the
Area. EPA has determined that the
Memphis, TN-MS-AR Area is attaining
the 2008 8-hour ozone national ambient
air quality standards (NAAQS); is
approving the State’s plan for
maintaining attainment of the 2008 8hour ozone NAAQS in the Area,
SUMMARY:
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including the motor vehicle emission
budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds
(VOC) for the years 2012 and 2027 for
the Arkansas portion of the Area, into
the SIP; and is redesignating the
Arkansas portion of the Area to
attainment for the 2008 8-hour ozone
NAAQS. EPA is also notifying the
public of the status of EPA’s adequacy
determination for the MVEBs for the
Arkansas portion of the Memphis, TNMS-AR Area.
DATES:
This rule is effective on May 25,
2016.
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0852. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
ADDRESSES:
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, 214–665–8542,
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our February 10,
2016 proposal (81 FR 7046). In that
document, we proposed to determine
that the Memphis, TN-MS-AR Area is
continuing to attain the 2008 8-hour
ozone NAAQS; to approve and
incorporate into the Arkansas SIP the
State’s plan for maintaining attainment
of the 2008 8-hour ozone standard in the
Area, including the 2012 and 2027
MVEBs for NOX and VOC for Arkansas’
portion of Memphis, TN-MS-AR Area;
and to redesignate the Arkansas portion
of the Area to attainment for the 2008
8-hour ozone NAAQS. In that notice,
EPA also notified the public of the
status of the Agency’s adequacy
determination for the NOX and VOC
MVEBs for Arkansas’ portion of the
Memphis, TN-MS-AR Area. No
24031
comments were received. The details of
Arkansas’ submittal and the rationale
for EPA’s actions are further explained
in the February 10, 2016 proposal.
II. What are the effects of these actions?
Approval of Arkansas’ redesignation
request changes the legal designation of
Crittenden County in the Arkansas
portion of the Memphis, TN-MS-AR
Area, found at 40 CFR 81.325, from
nonattainment to attainment for the
2008 8-hour ozone NAAQS. Approval of
Arkansas’ associated SIP revision also
incorporates a plan into the SIP for
maintaining the 2008 8-hour ozone
NAAQS in the Arkansas portion of the
Memphis, TN-MS-AR Area through
2027. The maintenance plan establishes
NOX and VOC MVEBs for 2012 and
2027 for the Crittenden County portion
of the Memphis, TN-MS-AR Area and
includes contingency measures1 to
remedy any future violations of the 2008
8-hour ozone NAAQS and procedures
for evaluation of potential violations.
The MVEBs, in tons per day (tpd) for the
Arkansas portion of the Memphis, TNMS-AR Area along with the allocations
from the safety margin, are provided in
the table below.2
MVEBS FOR THE ARKANSAS PORTION OF THE MEMPHIS, TN-MS-AR AREA
[tpd]
2012
NOX
On-Road Emissions .........................................................................................
Safety Margin Allocated to MVEB ...................................................................
Conformity MVEB ............................................................................................
VOC
13.04
N/A
13.04
NOX
2.35
N/A
2.35
5.18
6.29
11.47
VOC
0.98
1.10
2.08
EPA is taking three separate final
actions regarding the Memphis, TN-MSAR Area’s redesignation to attainment
and maintenance of the 2008 8-hour
ozone NAAQS. First, EPA is
determining that the Memphis, TN-MSAR Area is continuing to attain the 2008
8-hour ozone NAAQS.
Second, EPA is approving and
incorporating the maintenance plan
(including the Clarification Letter) for
the Memphis, TN-MS-AR Area,
including the NOX and VOC MVEBs for
2012 and 2027, into the Arkansas SIP.
The maintenance plan demonstrates
that the Area will continue to maintain
the 2008 8-hour ozone NAAQS through
2027, and the budgets meet all of the
adequacy criteria contained in 40 CFR
93.118(e)(4) and (5).
Third, EPA is determining that
Arkansas has met the criteria under
CAA section 107(d)(3)(E) for the
Memphis, TN-MS-AR Area for
redesignation from nonattainment to
attainment for the 2008 8-hour ozone
NAAQS. On this basis, EPA is
approving Arkansas’ redesignation
request for the 2008 8-hour ozone
NAAQS for the Arkansas portion of the
Memphis, TN-MS-AR Area. As
mentioned above, approval of the
redesignation request changes the
official designation of Crittenden
County in the Arkansas portion of the
Memphis, TN-MS-AR Area for the 2008
8-hour ozone NAAQS from
nonattainment to attainment, as found
at 40 CFR part 81.
EPA is also notifying the public that
EPA finds the newly-established NOX
and VOC MVEBs for the Arkansas
portion of the Memphis, TN-MS–AR
Area adequate for the purpose of
transportation conformity. Within 24
months from this final rule, the
transportation partners will need to
demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR
93.104(e)(3).
1 On January 20, 2016, ADEQ clarified ADEQ’s
commitment is to adopt and implement
contingency measures upon a violation-triggering
event if it is determined that the violation is caused
by a source or sources within Crittenden County.
Clarification Letter from Stuart Spencer to Ron
Curry, January 20, 2016 (Clarification Letter). A
copy is contained in the docket for this rulemaking.
2 Arkansas has chosen to allocate a portion of the
available safety margin to the NOX and VOC MVEBs
for 2027. ADEQ has allocated 6.29 tpd to the 2027
NOX MVEB and 1.10 tpd to the 2027 VOC MVEB.
III. Final Actions
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2027
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IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
E:\FR\FM\25APR1.SGM
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Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 24, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: April 13, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart E—Arkansas
2. In § 52.170(e) the third table titled
‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Arkansas SIP’’ is
amended by adding an entry at the end
of the table for ‘‘2008 8-hour ozone
Redesignation Request, Maintenance
Plan, and Clarification Letter for the
Crittenden County portion of Memphis,
TN-AR-MS Nonattainment Area’’ to
read as follows:
■
§ 52.170
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
jstallworth on DSK7TPTVN1PROD with RULES
*
*
*
2008 8-hour ozone Redesignation Request, Maintenance Plan, and Clarification Letter for the
Crittenden County portion of Memphis, TN-AR-MS
Nonattainment Area.
VerDate Sep<11>2014
15:10 Apr 22, 2016
Jkt 238001
State
submittal/
effective date
Applicable geographic or
nonattainment area
Name of SIP provision
PO 00000
*
*
Crittenden County portion
of Memphis, TN-AR-MS
Nonattainment Area.
Frm 00024
Fmt 4700
Sfmt 4700
EPA approval date
*
12/10/2015
*
4/25/2016 [Insert Federal
Register citation].
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Explanation
24033
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
‘‘Memphis, TN-MS-AR Crittenden
County’’ to read as follows:
4. In § 81.304, the table entitled
‘‘Arkansas-2008 8-Hour Ozone NAAQS
(Primary and secondary)’’ is amended
by revising the heading of the entry for
■
3. The authority citation for part 81
continues to read as follows:
■
§ 81.304
*
Arkansas.
*
*
*
*
ARKANSAS—2008 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY)
Designation
Classification
Designated area
Date 1
Memphis, TN-MS-AR 2 Crittenden County ..........
*
Type
4/25/2016
*
Date 1
Type
Attainment.
*
*
*
*
*
1 This
date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
3 Includes any Indian country in each county or area, unless otherwise specified.
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2016–0002; Internal
Agency Docket No. FEMA–8431]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:10 Apr 22, 2016
If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Patricia Suber,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4149.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2016–09451 Filed 4–22–16; 8:45 am]
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The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
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]]>Agencies
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Rules and Regulations]
[Pages 24030-24033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09451]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2015-0852; FRL-9945-40-Region 6]
Approval and Promulgation of Implementation Plans; AR;
Redesignation of the Crittenden County, 2008 8-Hour Ozone Nonattainment
Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On December 10, 2015, the State of Arkansas, through the
Arkansas Department of Environment Quality (ADEQ), submitted a request
for the Environmental Protection Agency (EPA) to redesignate the
portion of Arkansas that is within the Memphis, Tennessee-Mississippi-
Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area
(hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area'')
and to approve a State Implementation Plan (SIP) revision containing a
maintenance plan for the Area. EPA has determined that the Memphis, TN-
MS-AR Area is attaining the 2008 8-hour ozone national ambient air
quality standards (NAAQS); is approving the State's plan for
maintaining attainment of the 2008 8-hour ozone NAAQS in the Area,
[[Page 24031]]
including the motor vehicle emission budgets (MVEBs) for nitrogen
oxides (NOX) and volatile organic compounds (VOC) for the
years 2012 and 2027 for the Arkansas portion of the Area, into the SIP;
and is redesignating the Arkansas portion of the Area to attainment for
the 2008 8-hour ozone NAAQS. EPA is also notifying the public of the
status of EPA's adequacy determination for the MVEBs for the Arkansas
portion of the Memphis, TN-MS-AR Area.
DATES: This rule is effective on May 25, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0852. All documents in the docket are
listed on the https://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542,
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
February 10, 2016 proposal (81 FR 7046). In that document, we proposed
to determine that the Memphis, TN-MS-AR Area is continuing to attain
the 2008 8-hour ozone NAAQS; to approve and incorporate into the
Arkansas SIP the State's plan for maintaining attainment of the 2008 8-
hour ozone standard in the Area, including the 2012 and 2027 MVEBs for
NOX and VOC for Arkansas' portion of Memphis, TN-MS-AR Area;
and to redesignate the Arkansas portion of the Area to attainment for
the 2008 8-hour ozone NAAQS. In that notice, EPA also notified the
public of the status of the Agency's adequacy determination for the
NOX and VOC MVEBs for Arkansas' portion of the Memphis, TN-
MS-AR Area. No comments were received. The details of Arkansas'
submittal and the rationale for EPA's actions are further explained in
the February 10, 2016 proposal.
II. What are the effects of these actions?
Approval of Arkansas' redesignation request changes the legal
designation of Crittenden County in the Arkansas portion of the
Memphis, TN-MS-AR Area, found at 40 CFR 81.325, from nonattainment to
attainment for the 2008 8-hour ozone NAAQS. Approval of Arkansas'
associated SIP revision also incorporates a plan into the SIP for
maintaining the 2008 8-hour ozone NAAQS in the Arkansas portion of the
Memphis, TN-MS-AR Area through 2027. The maintenance plan establishes
NOX and VOC MVEBs for 2012 and 2027 for the Crittenden
County portion of the Memphis, TN-MS-AR Area and includes contingency
measures\1\ to remedy any future violations of the 2008 8-hour ozone
NAAQS and procedures for evaluation of potential violations. The MVEBs,
in tons per day (tpd) for the Arkansas portion of the Memphis, TN-MS-AR
Area along with the allocations from the safety margin, are provided in
the table below.\2\
---------------------------------------------------------------------------
\1\ On January 20, 2016, ADEQ clarified ADEQ's commitment is to
adopt and implement contingency measures upon a violation-triggering
event if it is determined that the violation is caused by a source
or sources within Crittenden County. Clarification Letter from
Stuart Spencer to Ron Curry, January 20, 2016 (Clarification
Letter). A copy is contained in the docket for this rulemaking.
\2\ Arkansas has chosen to allocate a portion of the available
safety margin to the NOX and VOC MVEBs for 2027. ADEQ has
allocated 6.29 tpd to the 2027 NOX MVEB and 1.10 tpd to
the 2027 VOC MVEB.
MVEBs for the Arkansas Portion of the Memphis, TN-MS-AR Area
[tpd]
----------------------------------------------------------------------------------------------------------------
2012 2027
---------------------------------------------------------------
NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions............................... 13.04 2.35 5.18 0.98
Safety Margin Allocated to MVEB................. N/A N/A 6.29 1.10
Conformity MVEB................................. 13.04 2.35 11.47 2.08
----------------------------------------------------------------------------------------------------------------
III. Final Actions
EPA is taking three separate final actions regarding the Memphis,
TN-MS-AR Area's redesignation to attainment and maintenance of the 2008
8-hour ozone NAAQS. First, EPA is determining that the Memphis, TN-MS-
AR Area is continuing to attain the 2008 8-hour ozone NAAQS.
Second, EPA is approving and incorporating the maintenance plan
(including the Clarification Letter) for the Memphis, TN-MS-AR Area,
including the NOX and VOC MVEBs for 2012 and 2027, into the
Arkansas SIP. The maintenance plan demonstrates that the Area will
continue to maintain the 2008 8-hour ozone NAAQS through 2027, and the
budgets meet all of the adequacy criteria contained in 40 CFR
93.118(e)(4) and (5).
Third, EPA is determining that Arkansas has met the criteria under
CAA section 107(d)(3)(E) for the Memphis, TN-MS-AR Area for
redesignation from nonattainment to attainment for the 2008 8-hour
ozone NAAQS. On this basis, EPA is approving Arkansas' redesignation
request for the 2008 8-hour ozone NAAQS for the Arkansas portion of the
Memphis, TN-MS-AR Area. As mentioned above, approval of the
redesignation request changes the official designation of Crittenden
County in the Arkansas portion of the Memphis, TN-MS-AR Area for the
2008 8-hour ozone NAAQS from nonattainment to attainment, as found at
40 CFR part 81.
EPA is also notifying the public that EPA finds the newly-
established NOX and VOC MVEBs for the Arkansas portion of
the Memphis, TN-MS-AR Area adequate for the purpose of transportation
conformity. Within 24 months from this final rule, the transportation
partners will need to demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR 93.104(e)(3).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable
[[Page 24032]]
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 24, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: April 13, 2014.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. In Sec. 52.170(e) the third table titled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas
SIP'' is amended by adding an entry at the end of the table for ``2008
8-hour ozone Redesignation Request, Maintenance Plan, and Clarification
Letter for the Crittenden County portion of Memphis, TN-AR-MS
Nonattainment Area'' to read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
EPA Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
2008 8-hour ozone Redesignation Crittenden County 12/10/2015 4/25/2016 [Insert ...................
Request, Maintenance Plan, and portion of Federal Register
Clarification Letter for the Memphis, TN-AR-MS citation].
Crittenden County portion of Nonattainment Area.
Memphis, TN-AR-MS Nonattainment
Area.
----------------------------------------------------------------------------------------------------------------
[[Page 24033]]
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. In Sec. 81.304, the table entitled ``Arkansas-2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended by revising the heading of
the entry for ``Memphis, TN-MS-AR Crittenden County'' to read as
follows:
Sec. 81.304 Arkansas.
* * * * *
Arkansas--2008 8-Hour Ozone NAAQS (Primary and Secondary)
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
Memphis, TN-MS-AR \2\ Crittenden 4/25/2016 Attainment.........
County.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes any Indian country in each county or area, unless otherwise specified.
* * * * *
[FR Doc. 2016-09451 Filed 4-22-16; 8:45 am]
BILLING CODE 6560-50-P
