Air Plan Approval; Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, Tennessee, 25605-25608 [2016-10166]
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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
published an interim final rule
establishing a petition process to review
the eligibility of countries for the
benefits of the African Growth and
Opportunity Act (AGOA) on March 18,
2016. USTR publishes this final rule to
adopt and implement the interim final
rule without change.
DATES: The final rule is effective on
April 29, 2016.
FOR FURTHER INFORMATION CONTACT: For
procedural questions, please contact
Yvonne Jamison, Trade Policy Staff
Committee, at 202–395–3475. Direct all
other questions to Constance Hamilton,
Deputy Assistant U.S. Trade
Representative for African Affairs, at
Constance_Hamilton@ustr.eop.gov or
202–395–9514.
SUPPLEMENTARY INFORMATION: On March
18, 2016 (81 FR 14716), USTR
published an interim final rule, which
added 15 CFR part 2017. The new Part
2017 establishes a petition process that
supplements the annual (normal cycle)
request for public comments on whether
a beneficiary sub-Saharan African
country is meeting the eligibility criteria
and requirements of the AGOA program
(see, e.g., 80 FR 48951, Aug. 14, 2015).
The interim final rule was effective
upon publication and the public
comment period closed on April 18,
2016. USTR did not receive any
comments.
■ Accordingly, the interim rule
published March 18, 2016 (81 FR
14716), is adopted as final without
change.
Florizelle Liser,
Assistant U.S. Trade Representative for
African Affairs.
[FR Doc. 2016–10016 Filed 4–28–16; 8:45 am]
BILLING CODE 3290–F6–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0250; FRL–9945–91–
Region 4]
Air Plan Approval; Removal of I/M
Program in Memphis and Revisions to
the 1997 8-Hour Ozone Maintenance
Plan for Shelby County, Tennessee
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Tennessee’s May 23, 2014, State
Implementation Plan (SIP) revision,
submitted through the Tennessee
SUMMARY:
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Department of Environment and
Conservation (TDEC) on behalf of the
Shelby County Health Department
(SCHD), seeking to modify the SIP by
removing the Inspection and
Maintenance (I/M) program in the City
of Memphis, Tennessee, and by
incorporating Shelby County’s revised
maintenance plan for the 1997 8-hour
ozone national ambient air quality
standards (NAAQS). Among other
things, the revised maintenance plan
updates the emissions inventory
estimates and the motor vehicle
emissions budgets (MVEBs) for the years
2006 and 2021, and contains an
emissions reduction measure to offset
the emissions increase expected from
the termination of City of Memphis I/M
program. EPA has determined that
Tennessee’s May 23, 2014, SIP revision
is consistent with the applicable
provisions of the Clean Air Act (CAA or
Act).
DATES: This rule is effective May 31,
2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0250. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be publicly
available, i.e., 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
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960. Mr. Wong can be
reached by phone at (404) 562–8726 or
via electronic mail at
wong.richard@epa.gov.
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25605
SUPPLEMENTARY INFORMATION:
I. Background
Shelby County was designated as
nonattainment for the carbon monoxide
(CO) NAAQS on March 3, 1978 (43 FR
8962). Local transportation sources in
the City of Memphis were identified as
the prime contributors to monitored CO
violations in Shelby County at that time.
The City of Memphis I/M program was
adopted as a control strategy to attain
the CO NAAQS.
On July 26, 1994 (59 FR 37939), EPA
redesignated Shelby County to
attainment for the CO standard and
approved the initial 10-year CO
maintenance plan for Shelby County.
Subsequently, further improvements in
automotive technology led to a
consistent reduction in locally
monitored levels of CO. On October 25,
2006 (71 FR 62384), EPA approved the
required second 10-year CO
maintenance plan which demonstrated
that I/M was no longer needed to
maintain the CO NAAQS.
On April 30, 2004 (69 FR 23858), EPA
designated Shelby County, Tennessee,
and Crittenden County, Arkansas, as
nonattainment for the 1997 8-hour
ozone NAAQS, with a classification of
‘moderate’ (hereinafter collectively
referred to as the ‘‘Memphis 1997 8hour Ozone Area’’).1 Under CAA section
182(b)(4), moderate ozone
nonattainment areas with a censusdefined urbanized area population over
a given threshold are required to adopt
basic I/M as part of the required SIP.
Following the initial designations for
the 1997 8-hour ozone standard, Shelby
County, the State of Tennessee,
Crittenden County, and the State of
Arkansas adopted additional measures
to control ozone-forming emissions in
the region and petitioned EPA to use its
discretion under CAA section 181(a)(4)
to reclassify the Area from moderate to
marginal. On September 22, 2004 (69 FR
56697), EPA granted the petition to
reclassify the Area, which removed the
SIP planning requirements mandated of
moderate ozone nonattainment areas,
including the adoption of a mandatory
I/M program, and reset the attainment
deadline to June 15, 2007. The Area
1 On March 12, 2008, EPA promulgated a revised
8-hour ozone NAAQS of 0.075 parts per million.
See 73 FR 16436 (March 27, 2008). EPA designated
Shelby County; Crittenden County, Arkansas; and a
portion of Desoto County, Mississippi, as a marginal
nonattainment area for the 2008 8-hour ozone
NAAQS on April 30, 2012 (effective July 20, 2012).
See 77 FR 30088 (May 21, 2012). Currently,
monitoring data for the Memphis 2008 8-hour
Ozone Area indicates that the Area has attaining
data for the 2008 8-hour ozone NAAQS. As noted
above, marginal ozone nonattainment areas are not
required to adopt an I/M program.
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failed to attain the 1997 8-hour ozone
NAAQS by the marginal area attainment
deadline. Consequently, on March 28,
2008 (73 FR 16547), EPA reclassified the
Area as a moderate nonattainment area.
This reclassification reset the attainment
deadline to June 15, 2010, with an
attainment plan SIP revision due on
March 1, 2009, to address all CAA
requirements for a moderate ozone
nonattainment area, including an I/M
program in Shelby County pursuant to
CAA section 184(b)(4).
The end of the 2008 ozone monitoring
season resulted in a design value for the
Memphis 1997 8-hour Ozone Area that
met the NAAQS. Tennessee,
Mississippi, and Arkansas prepared
separate, but coordinated, redesignation
requests and maintenance plans for
their respective portions of the Area.
Tennessee, on behalf of Shelby County,
submitted the redesignation request and
maintenance plan for its portion of the
1997 8-hour Ozone Area to EPA on
February 26, 2009, prior to the
attainment plan SIP revision due date.
EPA approved Tennessee’s
redesignation request and maintenance
plan on January 4, 2010 (75 FR 56).
Although there was no longer a
mandatory requirement to implement I/
M in Shelby County under section
184(b)(4) of the CAA, the City of
Memphis continued to operate its I/M
program, and the SIP-approved
maintenance plan for the 1997 8-hour
ozone NAAQS includes the
implementation of a basic I/M program
in Shelby County as a contingency
measure in the event that the 1997 8hour ozone NAAQS is violated in the
1997 8-hour Ozone Area after
redesignation. In mid-2012, the
Memphis City Council voted to defund
the City of Memphis I/M program
beginning with Fiscal Year 2013/2014.
Vehicle inspection operations at all four
City of Memphis inspection stations
ended on June 28, 2013. Tennessee’s
May 23, 2014, SIP submission addresses
the termination of this program.
In a notice of proposed rulemaking
(NPRM) published on February 12, 2016
(81 FR 7483), EPA proposed to approve
the May 23, 2014, SIP revision. No
comments were received on the
February 12, 2012, NPRM. The details of
Tennessee’s submittal and the rationale
for EPA’s actions are further explained
in the NPRM.
II. Revised MVEBs
Tennessee’s May 23, 2014,
maintenance plan revision updates the
MVEBs for 2006 and 2021 using on-road
mobile source emissions estimates from
MOVES and removes the MVEBs for
2009 and 2017. The revised 2021 MVEB
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accounts for the termination of the I/M
program and the shutdown of the Cleo,
Inc. facility.2 These budgets are used by
transportation authorities to assure that
transportation plans, programs, and
projects are consistent with, and
conform to, the maintenance of
acceptable air quality in the Memphis
1997 8-hour Ozone Area.
Under section 176(c) of the CAA, new
transportation plans, programs, and
projects, such as the construction of
new highways, must ‘‘conform’’ to (i.e.,
be consistent with) the part of the state’s
air quality plan that addresses pollution
from cars and trucks. Conformity to the
SIP means that transportation activities
will not cause new air quality
violations, worsen existing violations, or
delay timely attainment of the NAAQS
or any interim milestones. If a
transportation plan does not conform,
most new projects that would expand
the capacity of roadways cannot go
forward. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of such
transportation activities to a SIP. The
regional emissions analysis is one, but
not the only, requirement for
implementing transportation
conformity. Transportation conformity
is a requirement for nonattainment and
maintenance areas. Maintenance areas
are areas that were previously
nonattainment for a particular NAAQS
but have since been redesignated to
attainment with an approved
maintenance plan for that NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs and maintenance plans for
nonattainment areas. These control
strategy SIPs (including RFP and
attainment demonstration) and
maintenance plans create MVEBs for
criteria pollutants and/or their
precursors to address pollution from
cars and trucks. Per 40 CFR part 93, a
MVEB must be established for the last
year of the maintenance plan. A state
may adopt MVEBs for other years as
well. The MVEB is the portion of the
total allowable emissions in the
maintenance demonstration that is
allocated to highway and transit vehicle
use and emissions. See 40 CFR 93.101.
The MVEB serves as a ceiling on
emissions from an area’s planned
transportation system. The MVEB
2 As discussed in the NPRM, the maintenance
plan revision includes emissions reductions from
the closure of the Cleo, Inc. facility to offset the
estimated increase in emissions due to the
termination of the City of Memphis I/M program.
The Cleo facility was a gift wrap manufacturing
plant and warehouse located at 4025 Viscount
Avenue, Memphis, Tennessee.
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concept is further explained in the
preamble to the November 24, 1993 (58
FR 62188), Transportation Conformity
Rule. The preamble also describes how
to establish the MVEB in the SIP and
how to revise the MVEB. According to
40 CFR 93.118, a maintenance plan
must establish MVEBs for the last year
of the maintenance plan (in this case,
2021). The updated MVEBs in the
revised maintenance plan for the 1997
8-hour ozone NAAQS are for the base
year (2006) and the last year of the first
10-year maintenance plan (2021). The
2021 MVEB reflects the total on-road
mobile source emissions for 2021 plus
an allocation from the available volatile
organic compounds (VOC) and nitrogen
oxides (NOX) safety margins.3 The
MVEBs are presented in Table 1, below.
TABLE 1—SHELBY COUNTY VOC AND
NOX MVEBS
[Ozone season tons per day]
2006
NOX ..........................
VOC ..........................
58.013
23.986
2021
56.428
12.782
The previously-approved 1997 8-hour
ozone maintenance plan for Shelby
County contained interim MVEBs for
years 2006, 2009, and 2017 in addition
to the required maintenance year MVEB
of 2021. The consensus formed during
the interagency consultation process
was that MVEBs should only be set for
2006 and 2021.4 Therefore, the revised
maintenance plan removes the interim
budgets for years 2009 and 2017.
III. Final Action
EPA is approving Tennessee’s May
23, 2014, SIP revision seeking to remove
the City of Memphis I/M program from
the SIP and to incorporate Shelby
County’s revised maintenance plan for
the 1997 8-hour ozone NAAQS into the
SIP.5 The maintenance plan includes,
3 The 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. As discussed in the
NPRM, Shelby County chose to allocate 4.224 tpd
of the available VOC safety margin and 40.393 tpd
of the available NOX safety margin to the 2021
MVEBs.
4 The transportation conformity provisions of the
CAA require interagency consultation in the
development of MVEBs. The consultation process
involves federal agencies (EPA, Federal Highway
Administration, and Federal Transit
Administration), state and local transportation
agencies, state and local air agencies, and
metropolitan planning organizations.
5 The contingency measures portion of Shelby
County’s maintenance plan for the 1997 8-hour
ozone NAAQS, as incorporated into the SIP,
includes the implementation of an I/M program in
Shelby County as a contingency measure should a
monitored violation of the 1997 8-hour ozone
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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
among other things, an emissions
reduction measure to offset the
emissions increase expected from the
termination of City of Memphis I/M
program as well as revised emission
inventory estimates and revised 2006
and 2021 MVEBs based upon new
modeling associated with the
termination of the I/M program and the
inclusion of the offset measure. 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 CAA, 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, 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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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.
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.
25607
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 28, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: April 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
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 RR—Tennessee
2. Section 52.2220(e), is amended by
adding an entry for ‘‘8-Hour Ozone
Maintenance plan for the Shelby
County, Tennessee Area’’ at the end of
the table to read as follows:
■
§ 52.2220
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
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Name of non-regulatory
SIP provision
*
Revised 8-Hour Ozone
Maintenance plan for
the Shelby County,
Tennessee Area.
Applicable geographic
or nonattainment area
*
*
Memphis, Shelby County.
NAAQS occur in the former Memphis, TN-AR
nonattainment area. Today’s final action does not
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State
effective
date
5/14/2014
EPA approval date
Explanation
*
*
4/29/2016 [Insert citation of publication].
*
*
Revises the maintenance plan approved by EPA
on 1/4/10 to include a revised emissions inventory, revised MVEBs, and an emissions reduction measure to offset the termination of
the City of Memphis I/M program.
remove the I/M program from the contingency
measures in the SIP-approved maintenance plan.
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Federal Register / Vol. 81, No. 83 / Friday, April 29, 2016 / Rules and Regulations
[FR Doc. 2016–10166 Filed 4–28–16; 8:45 am]
Table of Contents
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background for Final Rule
II. Summary of Proposed Rule
III. Public Comments and EPA Responses
IV. Final Action
V. Statutory and Executive Order Reviews
we provide our response to the public
comment and take final action to
approve the rescissions of the outdated
test methods and performance test
specifications based on the proposal
published on February 11, 2016.
40 CFR Part 52
I. Background for Final Rule
II. Summary of Proposed Rule
On February 11, 2016 (81 FR 7259),
we proposed to approve revisions to the
Arizona SIP under the Clean Air Act
(CAA or ‘‘Act’’) and provided a 30-day
comment period. The revisions include
rescissions of certain statutory
provisions, administrative and
prohibitory rules, and test methods. The
EPA also proposed to correct certain
errors in previous actions on prior
revisions to the Arizona SIP and to
make certain other corrections.
On that same date, we issued a direct
final rule (81 FR 7209) taking final
action effective April 11, 2016 but
indicated that, if we received adverse
comments by the end of the comment
period, we would publish a withdrawal
of the direct final rule in the Federal
Register prior to the effective date
informing the public that the direct final
rule will not take effect. The February
11, 2016 proposed rule indicated that if
the EPA received adverse comment on
an amendment, paragraph, or section of
the direct final rule and if that provision
may be severed from the remainder of
the rule, the EPA may adopt as final
those provisions of the rule that are not
the subject of an adverse comment.
We received a timely adverse
comment on a specific test method for
which we had approved rescission and
found that our action on the test method
(and other test methods and
performance test specifications from the
same approved SIP revision submittal)
could be severed from the rest of the
rule. Thus, we published a partial
withdrawal of the direct final rule in the
Federal Register at 81 FR 19495 (April
5, 2016), affecting only the action as it
relates to the test method for which the
comment was received (and the other
test methods and performance test
specifications that were submitted and
approved on the same dates as the test
method in question). In today’s action,
In our February 11, 2016 proposed
rule (81 FR 7259), we directed
commenters to the direct final rule for
a detailed rationale for the proposed
approval of the SIP revisions and for the
proposed corrections. As such, the
following paragraphs summarize the
background information and evaluation
included in the direct final rule also
published on February 11, 2016 (81 FR
7209) as it relates to the test methods
and performance test specifications that
are the subject of this final rule.
On March 10, 2015 and January 13,
2016, the Arizona Department of
Environmental Quality (ADEQ)
submitted rescissions of certain
statutory and regulatory provisions from
the applicable Arizona SIP. Under CAA
section 110(k)(3), the EPA is obligated to
approve, disapprove, or conditionally
approve SIPs and SIP revisions,
including rescissions. As noted above,
the rescissions relate to certain statutory
provisions, administrative and
prohibitory rules, and test methods. In
our February 11, 2016 direct final rule
(81 FR 7209), we approved all of the
rescissions included in the two SIP
revisions except for certain test methods
and performance test specifications, for
which we withdrew direct final action.
In our direct final rule, we also
corrected certain errors in previous
actions on prior revisions to the Arizona
SIP and to make certain other
corrections, but because no adverse
comments were received on the
corrections, we did not withdraw any
part of the error corrections portion of
the direct final rule.
Table 1 lists the test methods and
performance test specifications the
rescission of which we withdrew direct
final action, the dates on which the EPA
approved the provisions as part of the
SIP, and the dates on which ADEQ
submitted the rescissions to the EPA.
[EPA–R09–OAR–2016–0028; FRL–9945–78–
Region 9]
Approval of Air Plan Revisions;
Arizona; Rescissions and Corrections
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Arizona State
Implementation Plan (SIP) under the
Clean Air Act. These revisions include
rescissions of outdated test methods and
performance test specifications. The
intended effect is to rescind
unnecessary provisions from the
applicable SIP.
DATES: This final rule is effective on
May 31, 2016.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2016–
0028 for this action. The index to the
docket is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., Confidential
Business Information). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Andrew Steckel, EPA Region IX, (415)
947–4115, steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
TABLE 1—ARIZONA SIP REGULATORY PROVISIONS THAT ADEQ HAS RESCINDED
Rescission
submittal date
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Regulatory provision
Title
EPA approval
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.01.
Arizona Testing Manual for Air Pollutant
Emissions, Section 3.02.
Method 1 Sample and Velocity Traverses
for Stationary Sources.
Method 2 Determination of Stack Gas
Velocity and Volumetric Flow Rate
(Type S Pitot Tube).
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
47 FR 17483 (April 23, 1982) .....
January 13, 2016.
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Agencies
[Federal Register Volume 81, Number 83 (Friday, April 29, 2016)]
[Rules and Regulations]
[Pages 25605-25608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10166]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0250; FRL-9945-91-Region 4]
Air Plan Approval; Removal of I/M Program in Memphis and
Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County,
Tennessee
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Tennessee's May 23, 2014, State Implementation Plan (SIP)
revision, submitted through the Tennessee Department of Environment and
Conservation (TDEC) on behalf of the Shelby County Health Department
(SCHD), seeking to modify the SIP by removing the Inspection and
Maintenance (I/M) program in the City of Memphis, Tennessee, and by
incorporating Shelby County's revised maintenance plan for the 1997 8-
hour ozone national ambient air quality standards (NAAQS). Among other
things, the revised maintenance plan updates the emissions inventory
estimates and the motor vehicle emissions budgets (MVEBs) for the years
2006 and 2021, and contains an emissions reduction measure to offset
the emissions increase expected from the termination of City of Memphis
I/M program. EPA has determined that Tennessee's May 23, 2014, SIP
revision is consistent with the applicable provisions of the Clean Air
Act (CAA or Act).
DATES: This rule is effective May 31, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0250. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be publicly available, i.e.,
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 www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Mr. Wong can be reached by phone at (404) 562-8726 or via electronic
mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Shelby County was designated as nonattainment for the carbon
monoxide (CO) NAAQS on March 3, 1978 (43 FR 8962). Local transportation
sources in the City of Memphis were identified as the prime
contributors to monitored CO violations in Shelby County at that time.
The City of Memphis I/M program was adopted as a control strategy to
attain the CO NAAQS.
On July 26, 1994 (59 FR 37939), EPA redesignated Shelby County to
attainment for the CO standard and approved the initial 10-year CO
maintenance plan for Shelby County. Subsequently, further improvements
in automotive technology led to a consistent reduction in locally
monitored levels of CO. On October 25, 2006 (71 FR 62384), EPA approved
the required second 10-year CO maintenance plan which demonstrated that
I/M was no longer needed to maintain the CO NAAQS.
On April 30, 2004 (69 FR 23858), EPA designated Shelby County,
Tennessee, and Crittenden County, Arkansas, as nonattainment for the
1997 8-hour ozone NAAQS, with a classification of `moderate'
(hereinafter collectively referred to as the ``Memphis 1997 8-hour
Ozone Area'').\1\ Under CAA section 182(b)(4), moderate ozone
nonattainment areas with a census-defined urbanized area population
over a given threshold are required to adopt basic I/M as part of the
required SIP.
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\1\ On March 12, 2008, EPA promulgated a revised 8-hour ozone
NAAQS of 0.075 parts per million. See 73 FR 16436 (March 27, 2008).
EPA designated Shelby County; Crittenden County, Arkansas; and a
portion of Desoto County, Mississippi, as a marginal nonattainment
area for the 2008 8-hour ozone NAAQS on April 30, 2012 (effective
July 20, 2012). See 77 FR 30088 (May 21, 2012). Currently,
monitoring data for the Memphis 2008 8-hour Ozone Area indicates
that the Area has attaining data for the 2008 8-hour ozone NAAQS. As
noted above, marginal ozone nonattainment areas are not required to
adopt an I/M program.
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Following the initial designations for the 1997 8-hour ozone
standard, Shelby County, the State of Tennessee, Crittenden County, and
the State of Arkansas adopted additional measures to control ozone-
forming emissions in the region and petitioned EPA to use its
discretion under CAA section 181(a)(4) to reclassify the Area from
moderate to marginal. On September 22, 2004 (69 FR 56697), EPA granted
the petition to reclassify the Area, which removed the SIP planning
requirements mandated of moderate ozone nonattainment areas, including
the adoption of a mandatory I/M program, and reset the attainment
deadline to June 15, 2007. The Area
[[Page 25606]]
failed to attain the 1997 8-hour ozone NAAQS by the marginal area
attainment deadline. Consequently, on March 28, 2008 (73 FR 16547), EPA
reclassified the Area as a moderate nonattainment area. This
reclassification reset the attainment deadline to June 15, 2010, with
an attainment plan SIP revision due on March 1, 2009, to address all
CAA requirements for a moderate ozone nonattainment area, including an
I/M program in Shelby County pursuant to CAA section 184(b)(4).
The end of the 2008 ozone monitoring season resulted in a design
value for the Memphis 1997 8-hour Ozone Area that met the NAAQS.
Tennessee, Mississippi, and Arkansas prepared separate, but
coordinated, redesignation requests and maintenance plans for their
respective portions of the Area. Tennessee, on behalf of Shelby County,
submitted the redesignation request and maintenance plan for its
portion of the 1997 8-hour Ozone Area to EPA on February 26, 2009,
prior to the attainment plan SIP revision due date.
EPA approved Tennessee's redesignation request and maintenance plan
on January 4, 2010 (75 FR 56). Although there was no longer a mandatory
requirement to implement I/M in Shelby County under section 184(b)(4)
of the CAA, the City of Memphis continued to operate its I/M program,
and the SIP-approved maintenance plan for the 1997 8-hour ozone NAAQS
includes the implementation of a basic I/M program in Shelby County as
a contingency measure in the event that the 1997 8-hour ozone NAAQS is
violated in the 1997 8-hour Ozone Area after redesignation. In mid-
2012, the Memphis City Council voted to defund the City of Memphis I/M
program beginning with Fiscal Year 2013/2014. Vehicle inspection
operations at all four City of Memphis inspection stations ended on
June 28, 2013. Tennessee's May 23, 2014, SIP submission addresses the
termination of this program.
In a notice of proposed rulemaking (NPRM) published on February 12,
2016 (81 FR 7483), EPA proposed to approve the May 23, 2014, SIP
revision. No comments were received on the February 12, 2012, NPRM. The
details of Tennessee's submittal and the rationale for EPA's actions
are further explained in the NPRM.
II. Revised MVEBs
Tennessee's May 23, 2014, maintenance plan revision updates the
MVEBs for 2006 and 2021 using on-road mobile source emissions estimates
from MOVES and removes the MVEBs for 2009 and 2017. The revised 2021
MVEB accounts for the termination of the I/M program and the shutdown
of the Cleo, Inc. facility.\2\ These budgets are used by transportation
authorities to assure that transportation plans, programs, and projects
are consistent with, and conform to, the maintenance of acceptable air
quality in the Memphis 1997 8-hour Ozone Area.
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\2\ As discussed in the NPRM, the maintenance plan revision
includes emissions reductions from the closure of the Cleo, Inc.
facility to offset the estimated increase in emissions due to the
termination of the City of Memphis I/M program. The Cleo facility
was a gift wrap manufacturing plant and warehouse located at 4025
Viscount Avenue, Memphis, Tennessee.
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Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstration) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. The MVEB is the portion of the total allowable emissions in
the maintenance demonstration that is allocated to highway and transit
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a
ceiling on emissions from an area's planned transportation system. The
MVEB concept is further explained in the preamble to the November 24,
1993 (58 FR 62188), Transportation Conformity Rule. The preamble also
describes how to establish the MVEB in the SIP and how to revise the
MVEB. According to 40 CFR 93.118, a maintenance plan must establish
MVEBs for the last year of the maintenance plan (in this case, 2021).
The updated MVEBs in the revised maintenance plan for the 1997 8-hour
ozone NAAQS are for the base year (2006) and the last year of the first
10-year maintenance plan (2021). The 2021 MVEB reflects the total on-
road mobile source emissions for 2021 plus an allocation from the
available volatile organic compounds (VOC) and nitrogen oxides
(NOX) safety margins.\3\ The MVEBs are presented in Table 1,
below.
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\3\ The 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. As discussed
in the NPRM, Shelby County chose to allocate 4.224 tpd of the
available VOC safety margin and 40.393 tpd of the available
NOX safety margin to the 2021 MVEBs.
Table 1--Shelby County VOC and NOX MVEBs
[Ozone season tons per day]
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2006 2021
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NOX............................................... 58.013 56.428
VOC............................................... 23.986 12.782
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The previously-approved 1997 8-hour ozone maintenance plan for
Shelby County contained interim MVEBs for years 2006, 2009, and 2017 in
addition to the required maintenance year MVEB of 2021. The consensus
formed during the interagency consultation process was that MVEBs
should only be set for 2006 and 2021.\4\ Therefore, the revised
maintenance plan removes the interim budgets for years 2009 and 2017.
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\4\ The transportation conformity provisions of the CAA require
interagency consultation in the development of MVEBs. The
consultation process involves federal agencies (EPA, Federal Highway
Administration, and Federal Transit Administration), state and local
transportation agencies, state and local air agencies, and
metropolitan planning organizations.
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III. Final Action
EPA is approving Tennessee's May 23, 2014, SIP revision seeking to
remove the City of Memphis I/M program from the SIP and to incorporate
Shelby County's revised maintenance plan for the 1997 8-hour ozone
NAAQS into the SIP.\5\ The maintenance plan includes,
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among other things, an emissions reduction measure to offset the
emissions increase expected from the termination of City of Memphis I/M
program as well as revised emission inventory estimates and revised
2006 and 2021 MVEBs based upon new modeling associated with the
termination of the I/M program and the inclusion of the offset measure.
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).
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\5\ The contingency measures portion of Shelby County's
maintenance plan for the 1997 8-hour ozone NAAQS, as incorporated
into the SIP, includes the implementation of an I/M program in
Shelby County as a contingency measure should a monitored violation
of the 1997 8-hour ozone NAAQS occur in the former Memphis, TN-AR
nonattainment area. Today's final action does not remove the I/M
program from the contingency measures in the SIP-approved
maintenance plan.
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IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
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 CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 28, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 20, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
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 RR--Tennessee
0
2. Section 52.2220(e), is amended by adding an entry for ``8-Hour Ozone
Maintenance plan for the Shelby County, Tennessee Area'' at the end of
the table to read as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
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Applicable State
Name of non-regulatory SIP geographic or effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
Revised 8-Hour Ozone Maintenance Memphis, Shelby 5/14/2014 4/29/2016 [Insert Revises the maintenance
plan for the Shelby County, County. citation of plan approved by EPA
Tennessee Area. publication]. on 1/4/10 to include a
revised emissions
inventory, revised
MVEBs, and an
emissions reduction
measure to offset the
termination of the
City of Memphis I/M
program.
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[FR Doc. 2016-10166 Filed 4-28-16; 8:45 am]
BILLING CODE 6560-50-P