Air Plan Approval and Air Quality Designation; TN; Redesignation of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment, 40816-40819 [2016-14807]
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Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T01–1123 to read as
follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 165.T01–1123 Safety Zone; Pleasure
Beach Bridge, Bridgeport, CT.
(a) Location. The following area is a
safety zone: All navigable waters of the
entrance channel to Johnsons Creek in
the vicinity of Pleasure Beach Bridge,
Bridgeport, CT bound inside an area
that starts at a point on land at position
41–10.2N, 073–10.7W and then cast
along the shoreline to a point on land
at position 41–9.57N, 073–9.54W and
then south across the channel to a point
on land at position 41–9.52N, 073–
9.58W and then west along the
shoreline to a point on land at position
41–9.52N, 073–10.5W and then north
across the channel back to the point of
origin.
(b) Enforcement period. This rule will
be enforced from 12:01 a.m. on January
1, 2016 to 12:01 a.m. on July 1, 2016.
(c) Definitions. The following
definitions apply to this section: A
‘‘designated representative’’ is any Coast
Guard commissioned, warrant or petty
officer of the U.S. Coast Guard who has
been designated by the COTP, Sector
Long Island Sound, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or loud
hailer. ‘‘Official patrol vessels’’ may
consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law
enforcement vessels assigned or
approved by the COTP Sector Long
Island Sound. In addition, members of
the Coast Guard Auxiliary may be
present to inform vessel operators of
this regulation.
(d) Regulations. (l) The general
regulations contained in § 165.23 apply.
(2) In accordance with the general
regulations in § 165.23, entry into or
movement within this zone is
prohibited unless authorized by the
Captain of the Port, Long Island Sound.
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(3) Operators of vessels desiring to
enter or operate within the safety zone
should contact the COTP Sector Long
Island Sound at 203–468–4401 (Sector
LIS command center) or the designated
representative via VHF channel 16 to
obtain permission to do so.
(4) Any vessel given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Sector Long Island
Sound, or the designated on-scene
representative.
(5) Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of the
vessel shall proceed as directed.
Dated: December 30, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
Editorial note: This document was
received for publication by the Office of
Federal Register on June 20, 2016.
[FR Doc. 2016–14908 Filed 6–22–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–R04–OAR–2016–0018; FRL–9948–02–
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 (EPA).
ACTION: Final rule.
AGENCY:
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-MississippiArkansas (Memphis, TN-MS-AR) 2008
8-hour ozone nonattainment area
(hereafter referred to as the ‘‘Memphis,
TN-MS-AR Area’’ or ‘‘Area’’) and a
related State Implementation Plan (SIP)
revision containing a maintenance plan
and base year inventory for the Area.
EPA is taking the following separate
final actions related to the January 19,
2016, redesignation request and SIP
revision: Approving the base year
emissions inventory for the Area into
the SIP; determining that the Memphis,
TN-MS-AR Area is attaining the 2008 8hour ozone National Ambient Air
SUMMARY:
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Quality Standards (NAAQS); approving
the State’s plan for maintaining
attainment of the 2008 8-hour ozone
NAAQS in the Area, including the
motor vehicle emissions budgets
(MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) for
the year 2027 for the Tennessee portion
of the Area, into the SIP; and
redesignating the Tennessee portion of
the Area to attainment for the 2008 8hour ozone NAAQS. Additionally, EPA
finds the MVEBs for the Tennessee
portion of the Area adequate for the
purposes of transportation conformity.
DATES: This rule will be effective July
25, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0018. 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: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
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:
I. Background
On May 21, 2012, EPA designated
areas as unclassifiable/attainment or
nonattainment for the 2008 8-hour
ozone NAAQS that was promulgated on
March 27, 2008. See 77 FR 30088. The
Memphis, TN-MS-AR Area was
designated nonattainment for the 2008
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8-hour ozone NAAQS on May 21, 2012
(effective July 20, 2012) using 2008–
2010 ambient air quality data. See 77 FR
30088. The Memphis, TN-MS-AR Area
consists of a portion of DeSoto County
in Mississippi, all of Shelby County in
Tennessee, and all of Crittenden County
in Arkansas. 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),1 EPA established
ozone nonattainment area attainment
dates based on Table 1 of section 181(a)
of the Clean Air Act (CAA or Act). 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.
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 base year
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 final action
published on March 5, 2015. See 80 FR
11974.
On January 19, 2016, TDEC requested
that EPA redesignate Tennessee’s
portion of the Memphis, TN-MS-AR
Area to attainment for the 2008 8-hour
ozone NAAQS, and submitted a SIP
revision containing a section 182(a)(1)
base year emissions inventory and the
State’s plan for maintaining attainment
of the 2008 8-hour ozone standard in the
Area, including the MVEBs for NOX and
VOC for the year 2027 for the Tennessee
1 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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portion of the Area.2 In a notice of
proposed rulemaking (NPRM) published
on April 19, 2016, EPA proposed to: (1)
Approve and incorporate the base year
emissions inventory into the SIP as
meeting the requirements of section
182(a)(1); (2) determine that the
Memphis, TN-MS-AR Area is attaining
the 2008 8-hour ozone NAAQS; (3)
approve and incorporate into the
Tennessee SIP the State’s plan for
maintaining attainment of the 2008 8hour ozone standard in the Area,
including the 2027 MVEBs for NOX and
VOC for Tennessee’s portion of
Memphis, TN-MS-AR Area; and (4)
redesignate the Tennessee portion of the
Area to attainment for the 2008 8-hour
ozone NAAQS. See 81 FR 22948. In that
notice, EPA also notified the public of
the status of the Agency’s adequacy
determination for the NOX and VOC
MVEBs for Tennessee’s portion of
Memphis, TN-MS-AR Area. No
comments were received on the April
19, 2016, proposed rulemaking. The
details of Tennessee’s submittal and the
rationale for EPA’s actions are further
explained in the NPRM. See 81 FR
22948 (April 19, 2016).
II. What are the effects of these actions?
Approval of Tennessee’s
redesignation request changes the legal
designation of Shelby County in 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 Tennessee’s
associated SIP revision also incorporates
a section 182(a)(1) base year emissions
inventory and a plan into the SIP for
maintaining the 2008 8-hour ozone
NAAQS in the Tennessee portion of the
Area through 2027. The maintenance
plan establishes NOX and VOC MVEBs
for 2027 for the Shelby County,
Tennessee and includes contingency
measures to remedy any future
violations of the 2008 8-hour ozone
NAAQS and procedures for evaluating
potential violations. The MVEBs for the
Tennessee portion of the Memphis, TNMS-AR Area, along with the allocations
from the safety margin, are provided in
the table below.3
2 The Tennessee Department of Environment and
Conservation Air Pollution Control Board adopted
the SIP revision containing the maintenance plan
on January 13, 2016.
3 As discussed in the NPRM, 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. Tennessee chose to allocate a portion of the
available safety margin to the NOX and VOC MVEBs
for 2027. TDEC 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.
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MVEBS FOR THE TENNESSEE PORTION
OF THE MEMPHIS, TN-MS-AR AREA
[tpd]
2027
NOX
On-Road Emissions ..........
Safety Margin Allocated to
MVEBs ..........................
Conformity MVEBs ...........
VOC
12.51
5.81
49.04
61.56
13.19
19.01
III. Final Action
EPA is taking a number of final
actions regarding Tennessee’s January
19, 2016, request to redesignate the
Tennessee portion of the Memphis, TNMS-AR Area to attainment and
associated SIP revision. First, EPA is
approving and incorporating
Tennessee’s section 182(a)(1) base year
emissions inventory for the Tennessee
portion of the Area into the SIP.
Second, EPA is determining that the
Memphis, TN-MS-AR Area is attaining
the 2008 8-hour ozone NAAQS.
Third, EPA is approving and
incorporating the maintenance plan for
the Tennessee portion of the Memphis,
TN-MS-AR Area, including the NOX and
VOC MVEBs for 2027, into the
Tennessee SIP. The maintenance plan
demonstrates that the Area will
continue to maintain the 2008 8-hour
ozone NAAQS through 2027.
Fourth, EPA is determining that
Tennessee has met the criteria under
CAA section 107(d)(3)(E) for
redesignation of the State’s portion of
the Memphis, TN-MS-AR Area from
nonattainment to attainment for the
2008 8-hour ozone NAAQS. On this
basis, EPA is approving Tennessee’s
redesignation request. As mentioned
above, approval of the redesignation
request changes the official designation
of Shelby County, Tennessee 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 Tennessee
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 CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
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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 actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For this reason,
these actions:
• Are not significant regulatory
actions 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.
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.
These actions are 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 these
actions must be filed in the United
States Court of Appeals for the
appropriate circuit by August 22, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of these actions 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. These actions
may not be challenged later in
proceedings to enforce their
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: June 10, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 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 entries for ‘‘2008 8-hour Ozone
Maintenance Plan for the Memphis TNMS-AR Area’’ and ‘‘2008 8-hour Ozone
Emissions Inventory for the Memphis
TN-MS-AR 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
Applicable geographic
or nonattainment area
State effective
date
*
*
*
2008 8-hour Ozone Maintenance Plan for the Memphis
TN-MS-AR Area.
2008 8-hour Ozone Emissions Inventory for the Memphis TN-MS-AR Area.
*
Shelby County ...........
*
01/13/2016
Shelby County ...........
01/13/2016
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EPA approval date
*
6/23/2016 [Insert citation of
publication].
6/23/2016 [Insert citation of
publication].
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Explanation
*
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Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations
Authority: 42 U.S.C. 7401, et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
AR:’’ by revising the entry for ‘‘Shelby
County’’ to read as follows:
4. In § 81.343, the table entitled
‘‘Tennessee—2008 8-Hour Ozone
NAAQS (Primary and secondary)’’ is
amended under ‘‘Memphis, TN-MS-
■
3. The authority citation for part 81
continues to read as follows:
■
§ 81.343
*
Tennessee.
*
*
*
*
TENNESSEE—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
Date 1
*
*
*
*
Memphis, TN-MS-AR: 2
Shelby County ................................................................................................
*
1 This
*
*
*
6/23/2016
*
Date 1
Type
Type
*
*
*
*
Attainment.
*
date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
2 Excludes
*
*
*
*
3722. You may request this notice in an
alternative format for the visually
impaired.
*
[FR Doc. 2016–14807 Filed 6–22–16; 8:45 am]
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045–AA65
Civil Monetary Penalties Inflation
Adjustment
Corporation for National and
Community Service.
ACTION: Interim final rule.
AGENCY:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Background
The Corporation for National
and Community Service (CNCS) is
updating its regulations to reflect
required inflation-related increases to
the civil monetary penalties in its
regulations, pursuant to the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES: Effective date: This rule is
effective August 1, 2016.
Comment due date: Technical
comments may be submitted until July
25, 2016.
ADDRESSES: You may send your
comments electronically through the
Federal government’s one-stop
rulemaking Web site at
www.regulations.gov. Also, you may
mail or deliver your comments to
Phyllis Green, Executive Assistant,
Office of General Counsel, at the
Corporation for National and
Community Service, 250 E Street SW.,
Washington, DC 20525. Due to
continued delays in CNCS’s receipt of
mail, we strongly encourage comments
to be submitted online electronically.
The TDD/TTY number is 800–833–
SUMMARY:
VerDate Sep<11>2014
16:58 Jun 22, 2016
Jkt 238001
Phyllis Green, Executive Assistant,
Office of General Counsel, at 202–606–
6709 or email to pgreen@cns.gov.
Individuals who use a
telecommunications device for the deaf
(TTY–TDD) may call 800–833–3722
between 8:00 a.m. and 8:00 p.m. Eastern
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
The Corporation for National and
Community Service (CNCS) is a federal
agency that engages more than five
million Americans in service through its
AmeriCorps, Senior Corps, Social
Innovation Fund, and Volunteer
Generation Fund programs, and leads
the President’s national call to service
initiative, United We Serve. For more
information, visit NationalService.gov.
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Sec. 701 of
Pub. L. 114–74) (the ‘‘Act’’) to improve
the effectiveness of civil monetary
penalties and to maintain the deterrent
effect of such penalties. The Act
requires agencies to make a ‘‘catch-up’’
adjustment to the level of civil monetary
penalties through an interim final
rulemaking and to adjust the civil
monetary penalties for inflation
annually.
II. Method of Calculation
CNCS identified two civil monetary
penalties in its regulations and
calculated the catch-up adjustments as
specified in the February 24, 2016, OMB
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Memorandum of the Heads of Executive
Departments and Agencies, M–16–06,
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015. A civil
monetary penalty under the act is a
penalty, fine, or other sanction that is
for a specific monetary amount as
provided by Federal law or has a
maximum amount provided for by
federal law and is assessed or enforced
by an agency pursuant to Federal law
and is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts. (See 28
U.S.C. 2461 note).
The inflation adjustment for each
applicable civil monetary penalty is
determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
of October of the year in which the
amount of each civil money penalty was
most recently established or modified.
CNCS identified two civil penalties in
its regulations: (1) The penalty
associated with Restrictions on
Lobbying (45 CFR 1230.400) and (2) the
penalty associated with the Program
Fraud Civil Remedies Act (45 CFR
2554.1).
In 1989, Congress established civil
monetary penalties related to
Restrictions on Lobbying (Section 319,
Pub. L. 101–121; 31 U.S.C. 1352)
ranging from $10,000 to $100,000. The
multiplier for 1989 is 1.89361. Thus, the
new range of possible civil monetary
penalties is from $18,936 to $189,361.
The Program Fraud Civil Remedies
Act of 1986 (Pub. L. 99–509) established
a civil monetary penalty with an upper
limit of $5,000. The multiplier for 1986
is 2.15628. Thus, the new upper limit of
the civil monetary penalty is $10,781.
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]]>Agencies
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40816-40819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14807]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 and 81
[EPA-R04-OAR-2016-0018; FRL-9948-02-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 (EPA).
ACTION: Final rule.
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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
``Memphis, TN-MS-AR Area'' or ``Area'') and a related State
Implementation Plan (SIP) revision containing a maintenance plan and
base year inventory for the Area. EPA is taking the following separate
final actions related to the January 19, 2016, redesignation request
and SIP revision: Approving the base year emissions inventory for the
Area into the SIP; determining that the Memphis, TN-MS-AR Area is
attaining the 2008 8-hour ozone National Ambient Air Quality Standards
(NAAQS); approving the State's plan for maintaining attainment of the
2008 8-hour ozone NAAQS in the Area, including the motor vehicle
emissions budgets (MVEBs) for nitrogen oxides (NOX) and
volatile organic compounds (VOCs) for the year 2027 for the Tennessee
portion of the Area, into the SIP; and redesignating the Tennessee
portion of the Area to attainment for the 2008 8-hour ozone NAAQS.
Additionally, EPA finds the MVEBs for the Tennessee portion of the Area
adequate for the purposes of transportation conformity.
DATES: This rule will be effective July 25, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0018. 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: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 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:
I. Background
On May 21, 2012, EPA designated areas as unclassifiable/attainment
or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated
on March 27, 2008. See 77 FR 30088. The Memphis, TN-MS-AR Area was
designated nonattainment for the 2008
[[Page 40817]]
8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012) using
2008-2010 ambient air quality data. See 77 FR 30088. The Memphis, TN-
MS-AR Area consists of a portion of DeSoto County in Mississippi, all
of Shelby County in Tennessee, and all of Crittenden County in
Arkansas. 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),\1\ EPA established ozone nonattainment area
attainment dates based on Table 1 of section 181(a) of the Clean Air
Act (CAA or Act). 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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\1\ 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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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 base year 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 final action published on March 5, 2015. See 80
FR 11974.
On January 19, 2016, TDEC requested that EPA redesignate
Tennessee's portion of the Memphis, TN-MS-AR Area to attainment for the
2008 8-hour ozone NAAQS, and submitted a SIP revision containing a
section 182(a)(1) base year emissions inventory and the State's plan
for maintaining attainment of the 2008 8-hour ozone standard in the
Area, including the MVEBs for NOX and VOC for the year 2027
for the Tennessee portion of the Area.\2\ In a notice of proposed
rulemaking (NPRM) published on April 19, 2016, EPA proposed to: (1)
Approve and incorporate the base year emissions inventory into the SIP
as meeting the requirements of section 182(a)(1); (2) determine that
the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS;
(3) approve and incorporate into the Tennessee SIP the State's plan for
maintaining attainment of the 2008 8-hour ozone standard in the Area,
including the 2027 MVEBs for NOX and VOC for Tennessee's
portion of Memphis, TN-MS-AR Area; and (4) redesignate the Tennessee
portion of the Area to attainment for the 2008 8-hour ozone NAAQS. See
81 FR 22948. In that notice, EPA also notified the public of the status
of the Agency's adequacy determination for the NOX and VOC
MVEBs for Tennessee's portion of Memphis, TN-MS-AR Area. No comments
were received on the April 19, 2016, proposed rulemaking. The details
of Tennessee's submittal and the rationale for EPA's actions are
further explained in the NPRM. See 81 FR 22948 (April 19, 2016).
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\2\ The Tennessee Department of Environment and Conservation Air
Pollution Control Board adopted the SIP revision containing the
maintenance plan on January 13, 2016.
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II. What are the effects of these actions?
Approval of Tennessee's redesignation request changes the legal
designation of Shelby County in 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 Tennessee's associated SIP revision also
incorporates a section 182(a)(1) base year emissions inventory and a
plan into the SIP for maintaining the 2008 8-hour ozone NAAQS in the
Tennessee portion of the Area through 2027. The maintenance plan
establishes NOX and VOC MVEBs for 2027 for the Shelby
County, Tennessee and includes contingency measures to remedy any
future violations of the 2008 8-hour ozone NAAQS and procedures for
evaluating potential violations. The MVEBs for the Tennessee portion of
the Memphis, TN-MS-AR Area, along with the allocations from the safety
margin, are provided in the table below.\3\
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\3\ As discussed in the NPRM, 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. Tennessee chose to allocate a portion of the
available safety margin to the NOX and VOC MVEBs for
2027. TDEC 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.
MVEBs for the Tennessee Portion of the Memphis, TN-MS-AR Area
[tpd]
------------------------------------------------------------------------
2027
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NOX VOC
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On-Road Emissions..................................... 12.51 5.81
Safety Margin Allocated to MVEBs...................... 49.04 13.19
Conformity MVEBs...................................... 61.56 19.01
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III. Final Action
EPA is taking a number of final actions regarding Tennessee's
January 19, 2016, request to redesignate the Tennessee portion of the
Memphis, TN-MS-AR Area to attainment and associated SIP revision.
First, EPA is approving and incorporating Tennessee's section 182(a)(1)
base year emissions inventory for the Tennessee portion of the Area
into the SIP.
Second, EPA is determining that the Memphis, TN-MS-AR Area is
attaining the 2008 8-hour ozone NAAQS.
Third, EPA is approving and incorporating the maintenance plan for
the Tennessee portion of the Memphis, TN-MS-AR Area, including the
NOX and VOC MVEBs for 2027, into the Tennessee SIP. The
maintenance plan demonstrates that the Area will continue to maintain
the 2008 8-hour ozone NAAQS through 2027.
Fourth, EPA is determining that Tennessee has met the criteria
under CAA section 107(d)(3)(E) for redesignation of the State's portion
of the Memphis, TN-MS-AR Area from nonattainment to attainment for the
2008 8-hour ozone NAAQS. On this basis, EPA is approving Tennessee's
redesignation request. As mentioned above, approval of the
redesignation request changes the official designation of Shelby
County, Tennessee 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 Tennessee 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 CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section
[[Page 40818]]
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 actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these actions:
Are not significant regulatory actions 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.
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. These actions are 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 these actions must be filed in the United States Court of Appeals
for the appropriate circuit by August 22, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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. These actions may not be challenged later in proceedings to
enforce their 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: June 10, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR parts 52 and 81 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 entries for ``2008 8-hour
Ozone Maintenance Plan for the Memphis TN-MS-AR Area'' and ``2008 8-
hour Ozone Emissions Inventory for the Memphis TN-MS-AR 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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Name of non-regulatory SIP Applicable geographic or State EPA approval
provision nonattainment area effective date date Explanation
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* * * * * * *
2008 8-hour Ozone Maintenance Shelby County.............. 01/13/2016 6/23/2016
Plan for the Memphis TN-MS-AR [Insert
Area. citation of
publication].
2008 8-hour Ozone Emissions Shelby County.............. 01/13/2016 6/23/2016
Inventory for the Memphis TN- [Insert
MS-AR Area. citation of
publication].
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[[Page 40819]]
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. 81.343, the table entitled ``Tennessee--2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended under ``Memphis, TN-MS-AR:''
by revising the entry for ``Shelby County'' to read as follows:
Sec. 81.343 Tennessee.
* * * * *
Tennessee--2008 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area -----------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Memphis, TN-MS-AR: \2\
Shelby County................. 6/23/2016 Attainment...........
* * * * * * *
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
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[FR Doc. 2016-14807 Filed 6-22-16; 8:45 am]
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