
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Proposed Rules]
[Pages 7269-7279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02725]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2015-0743; FRL-9942-01-Region 4]


Air Plan Approval and Designation of Areas; MS; Redesignation of 
the DeSoto County, 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On December 11, 2015, the State of Mississippi, through the 
Mississippi Department of Environment Quality (MDEQ), submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the portion of Mississippi 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

[[Page 7270]]

Implementation Plan (SIP) revision containing a maintenance plan for 
the Area. EPA is proposing to determine that the Memphis, TN-MS-AR Area 
is attaining the 2008 8-hour ozone national ambient air quality 
standards (NAAQS); to approve the State's plan for maintaining 
attainment of the 2008 8-hour ozone NAAQS in the Area, including the 
motor vehicle emission budgets (MVEBs) for nitrogen oxides 
(NOX) and volatile organic compounds (VOC) for the year 2027 
for the Mississippi portion of the Area, into the SIP; and to 
redesignate the Mississippi 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 Mississippi 
portion of the Memphis, TN-MS-AR Area.

DATES: Comments must be received on or before March 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0743 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of 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. Mr. Lakeman may be reached by phone at (404) 562-9043 or 
via electronic mail at lakeman.sean@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of Mississippi's proposed NOX 
and VOC MVEBs for the Mississippi portion of the area?
VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs for the Mississippi portion of 
the area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Actions
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following three separate but related 
actions, one of which involves multiple elements: (1) To determine that 
the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS; 
\1\ (2) to approve Mississippi's plan for maintaining the 2008 8-hour 
ozone NAAQS (maintenance plan), including the associated MVEBs for the 
Mississippi portion of the Memphis, TN-MS-AR Area, into the SIP; and 
(3) to redesignate the Mississippi portion of the Memphis, TN-MS-AR 
Area to attainment for the 2008 8-hour ozone NAAQS. EPA is also 
notifying the public of the status of EPA's adequacy determination for 
the MVEBs for the Mississippi portion of the Memphis, TN-MS-AR Area. 
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. This proposed actions are summarized below and 
described in greater detail throughout this notice of proposed 
rulemaking.
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    \1\ On August 27, 2015, EPA published a notice of proposed 
rulemaking entitled ``Determinations of Attainment by the Attainment 
Date, Extensions of the Attainment Date, and Reclassification of 
Several Areas Classified as Marginal for the 2008 Ozone National 
Ambient Air Quality Standards'' proposing to determine that the 
Memphis, TN-MS-AR Area attained the 2008 8-hour ozone NAAQS by the 
applicable attainment date of July 20, 2015, based on 2012-2014 
monitoring data. See 80 FR 51992. Any final action on the August 27, 
2015 proposed rule will occur in a separate rulemaking from this 
proposed action.
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    EPA is making the preliminary determination that the Memphis, TN-
MS-AR Area is attaining the 2008 8-hour ozone NAAQS based on recent air 
quality data and proposing to approve Mississippi's maintenance plan 
for its portion of the Memphis, TN-MS-AR Area as meeting the 
requirements of section 175A (such approval being one of the Clean Air 
Act (CAA or Act) criteria for redesignation to attainment status). The 
maintenance plan is designed to keep the Memphis, TN-MS-AR Area in 
attainment of the 2008 8-hour ozone NAAQS through 2027. The maintenance 
plan includes 2027 MVEBs for NOX and VOC for the Mississippi 
portion of the Memphis, TN-MS-AR Area for transportation conformity 
purposes. EPA is proposing to approve these MVEBs and incorporate them 
into the Mississippi SIP.
    EPA also proposes to determine that the Mississippi portion of the 
Memphis, TN-MS-AR Area has met the requirements for redesignation under 
section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is 
proposing to approve a request to change the legal designation of 
DeSoto County within the Mississippi portion of the Memphis, TN-MS-AR 
Area, as found at 40 CFR part 81, from nonattainment to attainment for 
the 2008 8-hour ozone NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy 
process for the 2027 NOX and VOC MVEBs for the Mississippi 
portion of the Memphis, TN-MS-AR Area. The Adequacy comment period 
began on November 2, 2015, with EPA's posting of the availability of 
Mississippi's submissions on EPA's Adequacy Web site (http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm#desoto-ms).
    The Adequacy comment period for these MVEBs closed on December 2, 
2015. No comments, adverse or otherwise, were received during the 
Adequacy comment period. Please see section VII of this proposed 
rulemaking for further explanation of this process and for more details 
on the MVEBs.
    In summary, this notice of proposed rulemaking is in response to 
Mississippi's December 11, 2015, redesignation request and associated 
SIP submission that address the specific issues summarized previously 
and the necessary elements described in section 107(d)(3)(E) of the CAA 
for redesignation of the Mississippi portion of the Memphis, TN-MS-AR 
Area to attainment for the 2008 8-hour ozone NAAQS.

II. What is the background for EPA's proposed actions?

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth highest daily 
maximum 8-hour average ambient air quality ozone

[[Page 7271]]

concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15. 
Ambient air quality monitoring data for the 3-year period must meet a 
data completeness requirement. The ambient air quality monitoring data 
completeness requirement is met when the average percent of days with 
valid ambient monitoring data is greater than 90 percent, and no single 
year has less than 75 percent data completeness as determined in 
Appendix I of part 50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of complete, quality assured, and 
certified ambient air quality data at the conclusion of the designation 
process. The Memphis, TN-MS-AR Area was designated nonattainment for 
the 2008 8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012) 
using 2008-2010 ambient air quality data. See 77 FR 30088 (May 21, 
2012). At the time of designation, the Memphis, TN-MS-AR Area was 
classified as a marginal nonattainment area for the 2008 8-hour ozone 
NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS 
(SIP Implementation Rule),\2\ EPA established ozone nonattainment area 
attainment dates based on Table 1 of section 181(a) of the CAA. This 
established an attainment date three years after the July 20, 2012, 
effective date for areas classified as marginal areas for the 2008 8-
hour ozone nonattainment designations. Therefore, the Memphis, TN-MS-AR 
Area's attainment date is July 20, 2015.
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    \2\ This rule, entitled Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements and published at 80 FR 12264 (March 6, 2015), addresses 
a range of nonattainment area SIP requirements for the 2008 ozone 
NAAQS, including requirements pertaining to attainment 
demonstrations, reasonable further progress (RFP), reasonably 
available control technology (RACT), reasonably available control 
measures (RACM), major new source review (NSR), emission 
inventories, and the timing of SIP submissions and of compliance 
with emission control measures in the SIP. This rule also addresses 
the revocation of the 1997 ozone NAAQS and the anti-backsliding 
requirements that apply when the 1997 ozone NAAQS are revoked.
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III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) The Administrator 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k); (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A; and, (5) the state containing such area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990 (57 FR 13498), and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. Why is EPA proposing these actions?

    On December 11, 2015, the State of Mississippi, through MDEQ, 
requested that EPA redesignate the Mississippi portion of the Memphis, 
TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS. EPA's 
evaluation indicates that the entire Memphis, TN-MS-AR Area has 
attained the 2008 8-hour ozone NAAQS, and that the Mississippi portion 
of the Memphis, TN-MS-AR Area meets the requirements for redesignation 
as set forth in section 107(d)(3)(E), including the maintenance plan 
requirements under section 175A of the CAA. As a result, EPA is 
proposing to take the three related actions summarized in section I of 
this notice.

V. What is EPA's analysis of the request?

    As stated previously, in accordance with the CAA, EPA proposes in 
this action to: (1) Determine that the Memphis, TN-MS-AR Area is 
attaining the 2008 8-hour ozone NAAQS; (2) approve the Mississippi 
portion of the Memphis, TN-MS-AR Area's 2008 8-hour ozone NAAQS 
maintenance plan, including the associated MVEBs, into the Mississippi 
SIP; and (3) redesignate the Mississippi portion of the Memphis, TN-MS-
AR Area to attainment for the 2008 8-hour ozone NAAQS. The five 
redesignation criteria provided under CAA section 107(d)(3)(E) are 
discussed in greater detail for the Area in the following paragraphs of 
this section.

Criteria (1)--The Memphis, TN-MS-AR Area has Attained the 2008 8-Hour 
Ozone NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be 
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the 
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15 
and Appendix I of part 50, based on three complete, consecutive 
calendar years of quality-assured air

[[Page 7272]]

quality monitoring data. To attain the NAAQS, the 3-year average of the 
fourth-highest daily maximum 8-hour average ozone concentrations 
measured at each monitor within an area over each year must not exceed 
0.075 ppm. Based on the data handling and reporting convention 
described in 40 CFR part 50, Appendix I, the NAAQS are attained if the 
design value is 0.075 ppm or below. The data must be collected and 
quality-assured in accordance with 40 CFR part 58 and recorded in the 
EPA Air Quality System (AQS). The monitors generally should have 
remained at the same location for the duration of the monitoring period 
required for demonstrating attainment.
    In this action, EPA is proposing to determine that the Memphis, TN-
MS-AR Area is attaining the 2008 8-hour ozone NAAQS. EPA reviewed ozone 
monitoring data from monitoring stations in the Memphis, TN-MS-AR Area 
for the 2008 8-hour ozone NAAQS for 2012-2014, and the design values 
for each monitor in the Area are less than 0.075 ppm. These data have 
been quality-assured, are recorded in Aerometric Information Retrieval 
System (AIRS-AQS), and indicate that the Area is attaining the 2008 8-
hour ozone NAAQS. The fourth-highest 8-hour ozone values at each 
monitor for 2012, 2013, 2014, and the 3-year averages of these values 
(i.e., design values), are summarized in Table 1, below.

                  Table 1--2012-2014 Design Value Concentrations for the Memphis, TN-MS-AR Area
                                                      [ppm]
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                                                       4th Highest 8-hour ozone value (ppm)        3-Year design
                                                 ------------------------------------------------  values (ppm)
           Location                   Site                                                       ---------------
                                                       2012            2013            2014          2012-2014
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DeSoto, MS....................  Hernando........           0.075           0.065           0.067           0.069
Shelby, TN....................  Frayser.........           0.083           0.069           0.067           0.073
Shelby, TN....................  Orgill Park.....           0.084           0.063           0.065           0.070
Shelby, TN....................  Shelby Farms....           0.086           0.069           0.066           0.073
Crittenden, AR................  Marion..........           0.079           0.067           0.067           0.071
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    The 3-year design value for 2012-2014 for the Memphis, TN-MS-AR 
Area is 0.073 ppm,\3\ which meets the NAAQS. EPA has reviewed 2015 
preliminary monitoring data for the Area, and that data indicates that 
the Area continues to attain.\4\ In this action, EPA is proposing to 
determine that Memphis, TN-MS-AR Area is attaining the 2008 8-hour 
ozone NAAQS. EPA will not take final action to approve the 
redesignation if the 3-year design value exceeds the NAAQS prior to EPA 
finalizing the redesignation. As discussed in more detail below, the 
State of Mississippi has committed to continue monitoring in this Area 
in accordance with 40 CFR part 58.
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    \3\ The highest 3-year design value at a monitoring station is 
considered the design value for the Area.
    \4\ This preliminary data is available at EPA's air data Web 
site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
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Criteria (2)--Mississippi Has a Fully Approved SIP Under Section 110(k) 
for the Mississippi Portion of the Memphis, TN-MS-AR Area; and Criteria 
(5)--Mississippi Has Met All Applicable Requirements Under Section 110 
and Part D of Title I of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Mississippi has met all applicable SIP 
requirements for the Mississippi portion of the Area under section 110 
of the CAA (general SIP requirements) for purposes of redesignation. 
Additionally, EPA proposes to find that the Mississippi SIP satisfies 
the criterion that it meets applicable SIP requirements for purposes of 
redesignation under part D of title I of the CAA in accordance with 
section 107(d)(3)(E)(v). Further, EPA proposes to determine that the 
SIP is fully approved with respect to all requirements applicable for 
purposes of redesignation in accordance with section 107(d)(3)(E)(ii). 
In making these determinations, EPA ascertained which requirements are 
applicable to the Area and, if applicable, that they are fully approved 
under section 110(k). SIPs must be fully approved only with respect to 
requirements that were applicable prior to submittal of the complete 
redesignation request.
a. The Mississippi Portion of the Memphis, TN-MS-AR Area Has Met All 
Applicable Requirements Under Section 110 and Part D of the CAA
    General SIP requirements. General SIP elements and requirements are 
delineated in section 110(a)(2) of title I, part A of the CAA. These 
requirements include, but are not limited to, the following: Submittal 
of a SIP that has been adopted by the state after reasonable public 
notice and hearing; provisions for establishment and operation of 
appropriate procedures needed to monitor ambient air quality; 
implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (NSR permit programs); provisions for air pollution 
modeling; and provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a state regardless of the 
designation of any one particular area in the state. Thus, EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation.
    In addition, EPA believes that other section 110(a)(2) elements 
that are

[[Page 7273]]

neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110(a)(2) and 
part D requirements which are linked with a particular area's 
designation and classification are the relevant measures to evaluate in 
reviewing a redesignation request. This approach is consistent with 
EPA's existing policy on applicability (i.e., for redesignations) of 
conformity and oxygenated fuels requirements, as well as with section 
184 ozone transport requirements. See Reading, Pennsylvania, proposed 
and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 
24826, May 7, 2008); Cleveland-Akron-Loraine, Ohio, final rulemaking 
(61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60 
FR 62748, December 7, 1995). See also the discussion on this issue in 
the Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and 
in the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 
19, 2001).
    EPA has reviewed Mississippi's SIP and has concluded that it meets 
the general SIP requirements under section 110(a)(2) of the CAA to the 
extent they are applicable for purposes of redesignation. EPA has 
previously approved provisions of Mississippi's SIP addressing CAA 
section 110(a)(2) requirements including provisions addressing the 2008 
ozone NAAQS. See 80 FR 11131 (March 2, 2015); 80 FR 14019 (March 18, 
2015). These requirements are, however, statewide requirements that are 
not linked to the ozone nonattainment status of the Area. Therefore, 
EPA believes that these SIP elements are not applicable requirements 
for purposes of review of Mississippi's ozone redesignation request.
    Title I, Part D, applicable SIP requirements. Section 172(c) of the 
CAA sets forth the basic requirements of attainment plans for 
nonattainment areas that are required to submit them pursuant to 
section 172(b). Subpart 2 of part D, which includes section 182 of the 
CAA, establishes specific requirements for ozone nonattainment areas 
depending on the area's nonattainment classification. As provided in 
Subpart 2, a marginal ozone nonattainment area, such as the Memphis, 
TN-MS-AR Area, must submit an emissions inventory that complies with 
section 172(c)(3), but the specific requirements of section 182(a) 
apply in lieu of the demonstration of attainment (and contingency 
measures) required by section 172(c). 42 U.S.C. 7511a(a). A thorough 
discussion of the requirements contained in sections 172(c) and 182 can 
be found in the General Preamble for Implementation of Title I (57 FR 
13498).
    Section 182(a) Requirements. Section 182(a)(1) requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from sources of VOC and NOX emitted within the 
boundaries of the ozone nonattainment area. Mississippi provided an 
emissions inventory for the Memphis, TN-MS-AR Area to EPA in a January 
14, 2015, SIP submission. On July 2, 2015, EPA published a direct final 
rule approving this emissions inventory into the SIP. See 80 FR 37985.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC RACT rules that were required under 
section 172(b)(3) of the CAA (and related guidance) prior to the 1990 
CAA amendments. The Mississippi portion of the Memphis, TN-MS-AR Area 
is not subject to the section 182(a)(2) RACT ``fix up'' because the 
Area was designated as nonattainment after the enactment of the 1990 
CAA amendments.
    Section 182(a)(2)(B) requires each state with a marginal ozone 
nonattainment area that implemented, or was required to implement, an 
inspection and maintenance (I/M) program prior to the 1990 CAA 
amendments to submit a SIP revision providing for an I/M program no 
less stringent than that required prior to the 1990 amendments or 
already in the SIP at the time of the amendments, whichever is more 
stringent. The Mississippi portion of the Memphis, TN-MS-AR Area is not 
subject to the section 182(a)(2)(B) requirement because it was 
designated as nonattainment after the enactment of the 1990 CAA 
amendments and did not have an I/M program in place prior to those 
amendments.
    Regarding the permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), Mississippi does not have an 
approved part D NSR program in place. However, EPA has determined that 
areas being redesignated need not comply with the requirement that a 
NSR program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without part D NSR, because PSD 
requirements will apply after redesignation. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Mississippi's PSD program will become 
applicable in the Memphis, TN-MS-AR Area upon redesignation to 
attainment.
    Section 182(a)(3) requires states to submit periodic inventories 
and emissions statements. Section 182(a)(3)(A) requires states to 
submit a periodic inventory every three years. As discussed later on in 
the section of this notice titled Criteria (4)(e), Verification of 
Continued Attainment, the State will continue to update its emissions 
inventory at least once every three years. Under section 182(a)(3)(B), 
each state with an ozone nonattainment area must submit a SIP revision 
requiring emissions statements to be submitted to the state by sources 
within that nonattainment area. Mississippi provided a SIP revision to 
EPA on August 28, 2015, addressing the section 182(a)(3)(B) emissions 
statements requirement, and on January 12, 2016, EPA published a final 
rule approving this SIP revision. See 81 FR 1320.
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs, and projects that 
are developed, funded, or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with Federal conformity regulations relating to 
consultation, enforcement, and enforceability that EPA promulgated 
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \5\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state rules have not been 
approved. See Wall v.

[[Page 7274]]

EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this interpretation); see 
also 60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida). 
Nonetheless, Mississippi has an approved conformity SIP for the 
Mississippi portion of the Memphis, TN-MS-AR Area. See 78 FR 67952 
(November 13, 2013). Thus, EPA proposes that the Mississippi portion of 
the Memphis, TN-MS-AR Area has satisfied all applicable requirements 
for purposes of redesignation under section 110 and part D of title I 
of the CAA.
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    \5\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the MVEBs that are established in control 
strategy SIPs and maintenance plans.
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b. The Mississippi Portion of the Memphis, TN-MS-AR Area Has a Fully 
Approved Applicable SIP Under Section 110(k) of the CAA
    As discussed previously, EPA has fully approved the State's SIP for 
the Mississippi portion of the Memphis, TN-MS-AR Area under section 
110(k) of the CAA for all requirements applicable for purposes of 
redesignation. See, e.g., 80 FR 11131 (March 2, 2015); 80 FR 14019 
(March 18, 2015). EPA may rely on prior SIP approvals in approving a 
redesignation request (see Calcagni Memorandum at p. 3; Southwestern 
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 
1998); Wall, 265 F.3d 426) plus any additional measures it may approve 
in conjunction with a redesignation action (see 68 FR 25426 (May 12, 
2003) and citations therein). EPA believes that the section 110 
elements that are neither connected with nonattainment plan submissions 
nor linked to an area's nonattainment status are not applicable 
requirements for purposes of redesignation, and EPA has approved all 
part D requirements applicable for purposes of this redesignation. See 
80 FR 37985 (July 2, 2015) and 80 FR 1320 (January 12, 2016).

Criteria (3)--The Air Quality Improvement in the Memphis, TN-MS-AR Area 
Is Due to Permanent and Enforceable Reductions in Emissions Resulting 
From Implementation of the SIP and Applicable Federal Air Pollution 
Control Regulations and Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP, applicable Federal air pollution 
control regulations, and other permanent and enforceable reductions 
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that 
Mississippi has demonstrated that the observed air quality improvement 
in the Memphis, TN-MS-AR Area is due to permanent and enforceable 
reductions in emissions resulting from Federal measures. EPA proposes 
to agree with the State's conclusion that meteorology has not had a 
significant role in the steady decline in ozone concentrations in the 
Area.\6\
---------------------------------------------------------------------------

    \6\ The State compared temperature and wind data for each of the 
design value attainment years (2012-2014) with the 30-year averages 
for the Area. See pp.10-15 of Mississippi's December 11, 2015, 
submission for the State's meteorological analysis.
---------------------------------------------------------------------------

    Federal measures enacted in recent years have resulted in permanent 
emission reductions. The Federal measures that have been implemented 
include the following:
    Tier 2 vehicle and fuel standards. Implementation began in 2004 and 
requires all passenger vehicles in any manufacturer's fleet to meet an 
average standard of 0.07 grams of NOX per mile. 
Additionally, in January 2006 the sulfur content of gasoline was 
required to be on average 30 ppm which assists in lowering the 
NOX emissions. Most gasoline sold in Mississippi prior to 
January 2006 had a sulfur content of about 300 ppm.\7\ EPA expects that 
these standards will reduce NOX emissions from vehicles by 
approximately 74 percent by 2030, translating to nearly 3 million tons 
annually by 2030.\8\
---------------------------------------------------------------------------

    \7\ Mississippi also identified Tier 3 Motor Vehicle Emissions 
and Fuel Standards as a federal measure. EPA issued this rule in 
April 28, 2014, which applies to light duty passenger cars and 
trucks. EPA promulgated this rule to reduce air pollution from new 
passenger cars and trucks beginning in 2017. Tier 3 emission 
standards will lower sulfur content of gasoline and lower the 
emissions standards.
    \8\ EPA, Regulatory Announcement, EPA420-F-99-051 (December 
1999), available at: http://www.epa.gov/tier2/documents/f99051.pdf.
---------------------------------------------------------------------------

    Large non-road diesel engines rule. This rule was promulgated in 
2004, and is being phased in between 2008 through 2014. This rule will 
also reduce the sulfur content in the nonroad diesel fuel. When fully 
implemented, this rule will reduce NOX, VOC, particulate 
matter, and carbon monoxide. These emission reductions are federally 
enforceable. EPA issued this rule in June 2004, which applies to diesel 
engines used in industries, such as construction, agriculture, and 
mining. It is estimated that compliance with this rule will cut 
NOX emissions from non-road diesel engines by up to 90 
percent nationwide.
    Heavy-duty gasoline and diesel highway vehicle standards. EPA 
issued this rule in January 2001 (66 FR 5002). This rule includes 
standards limiting the sulfur content of diesel fuel, which went into 
effect in 2004. A second phase took effect in 2007, which further 
reduced the highway diesel fuel sulfur content to 15 ppm, leading to 
additional reductions in combustion NOX and VOC emissions. 
EPA expects that this rule will achieve a 95 percent reduction in 
NOX emissions from diesel trucks and buses and will reduce 
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty 
vehicles that comply with these emission standards.\9\
---------------------------------------------------------------------------

    \9\ 66 FR 5002, 5012 (January 18, 2001). Mississippi also 
identified Federal rules requiring manufacturers to install on-board 
diagnostic (OBD) systems for heavy-duty vehicles and for engines 
certified for use in heavy-duty vehicles. EPA promulgated these 
rules to help ensure that the projected benefits from the relevant 
federal vehicle emissions standards are realized.
---------------------------------------------------------------------------

    Nonroad spark-ignition engines and recreational engines standards. 
The nonroad spark-ignition and recreational engine standards, effective 
in July 2003, regulate NOX, hydrocarbons, and carbon 
monoxide from groups of previously unregulated nonroad engines. These 
engine standards apply to large spark-ignition engines (e.g., forklifts 
and airport ground service equipment), recreational vehicles (e.g., 
off-highway motorcycles and all-terrain-vehicles), and recreational 
marine diesel engines sold in the United States and imported after the 
effective date of these standards. When all of the nonroad spark-
ignition and recreational engine standards are fully implemented, an 
overall 72 percent reduction in hydrocarbons, 80 percent reduction in 
NOX, and 56 percent reduction in carbon monoxide emissions 
are expected by 2020. These controls reduce ambient concentrations of 
ozone, carbon monoxide, and fine particulate matter.
    National Program for greenhouse gas (GHG) emissions and Fuel 
Economy Standards. The federal GHG and fuel economy standards apply to 
light-duty cars and trucks in model years 2012-2016 (phase 1) and 2017-
2025 (phase 2). The final standards are projected to result in an 
average industry fleet-wide level of 163 grams/mile of carbon dioxide 
which is equivalent to 54.5 miles per gallon if achieved exclusively 
through fuel economy improvements. The fuel economy standards result in 
less fuel being consumed, and therefore less NOX emissions 
released.
    EPA proposes to find that the improvements in air quality in the 
Memphis, TN-MS-AR Area are due to real, permanent and enforceable 
reductions in NOX and VOC emissions resulting from Federal 
measures.

[[Page 7275]]

Criteria (4)--The Mississippi Portion of the Memphis, TN-MS-AR Area Has 
a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Mississippi portion of the Memphis, TN-MS-AR Area to attainment for the 
2008 8-hour ozone NAAQS, MDEQ submitted a SIP revision to provide for 
the maintenance of the 2008 8-hour ozone NAAQS for at least 10 years 
after the effective date of redesignation to attainment. EPA believes 
that this maintenance plan meets the requirements for approval under 
section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain 
contingency measures as EPA deems necessary to assure prompt correction 
of any future 2008 8-hour ozone violations. The Calcagni Memorandum 
provides further guidance on the content of a maintenance plan, 
explaining that a maintenance plan should address five requirements: 
The attainment emissions inventory, maintenance demonstration, 
monitoring, verification of continued attainment, and a contingency 
plan. As is discussed more fully below, EPA has preliminarily 
determined that Mississippi's maintenance plan includes all the 
necessary components and is thus proposing to approve it as a revision 
to the Mississippi SIP.
b. Attainment Emissions Inventory
    EPA is proposing to determine that the Memphis, TN-MS-AR Area has 
attained the 2008 8-hour ozone NAAQS based on quality-assured 
monitoring data for the 3-year period from 2012-2014, and is continuing 
to attain the standard based on preliminary 2015 data. Mississippi 
selected 2012 as the base year (i.e., attainment emissions inventory 
year) for developing a comprehensive emissions inventory for 
NOX and VOC, for which projected emissions could be 
developed for 2017, 2020, and 2027. The attainment inventory identifies 
a level of emissions in the Area that is sufficient to attain the 2008 
8-hour ozone NAAQS. Mississippi began development of the attainment 
inventory by first generating a baseline emissions inventory for the 
State's portion of the Memphis, TN-MS-AR Area. The projected summer day 
emission inventories have been estimated using projected rates of 
growth in population, traffic, economic activity, and other parameters. 
In addition to comparing the final year of the plan (2027) to the base 
year (2012), Mississippi compared interim years to the baseline to 
demonstrate that these years are also expected to show continued 
maintenance of the 2008 8-hour ozone standard.
    The emissions inventory is composed of four major types of sources: 
Point, area, on-road mobile, and non-road mobile. Complete descriptions 
of how the inventories were developed are located in Appendix A through 
Appendix D of the December 11, 2015 submittal, which can be found in 
the docket for this action. Point source emissions are tabulated from 
data collected by direct on-site measurements of emissions or from mass 
balance calculations utilizing approved emission factors. For each 
projected year's inventory, point sources are adjusted by growth 
factors based on Standard Industrial Classification codes generated 
using growth patterns obtained from County Business Patterns. For Title 
V sources, the actual 2012 emissions were used. Rail yard and airport 
emissions reported were obtained from the EPA's 2011 National Emission 
Inventory.
    For area sources, emissions are estimated by multiplying an 
emission factor by some known indicator of collective activity such as 
production, number of employees, or population. For each projected 
year's inventory, area source emissions are changed by population 
growth, projected production growth, or estimated employment growth.
    The non-road mobile sources emissions are calculated using 
NONROAD2008 within EPA's Motor Vehicle Emission Simulator (MOVES2014) 
model, with the exception of the railroad locomotives which were 
estimated by taking activity and multiplying by an emission factor. For 
each projected year's inventory, the emissions are estimated using 
EPA's MOVES2014 model with activity input such as projected landing and 
takeoff data for aircraft.
    For on-road mobile sources, EPA's MOVES2014 mobile model is run to 
generate emissions. The MOVES2014 model includes the road class vehicle 
miles traveled (VMT) as an input file and can directly output the 
estimated emissions. For each projected year's inventory, the on-road 
mobile sources emissions are calculated by running the MOVES mobile 
model for the future year with the projected VMT to generate emissions 
that take into consideration expected Federal tailpipe standards, fleet 
turnover, and new fuels.
    The 2012 NOX and VOC emissions for the Mississippi 
portion of the Memphis, TN-MS-AR Area, as well as the emissions for 
other years, were developed consistent with EPA guidance and are 
summarized in Tables 2 through 3 of the following subsection discussing 
the maintenance demonstration. See Appendix B through Appendix D of the 
December 11, 2015, submission for more detailed information on the 
emissions inventory.
c. Maintenance Demonstration
    The maintenance plan associated with the redesignation request 
includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the 2008 8-hour ozone 
NAAQS by providing information to support the demonstration that 
current and future emissions of NOX and VOC remain at or 
below 2012 emissions levels.
    (ii) Uses 2012 as the attainment year and includes future emissions 
inventory projections for 2017, 2020, and 2027.
    (iii) Identifies an ``out year'' at least 10 years after the time 
necessary for EPA to review and approve the maintenance plan. Per 40 
CFR part 93, NOX and VOC MVEBs were established for the last 
year (2027) of the maintenance plan (see section VII below).
    (iv) Provides actual (2012) and projected emissions inventories, in 
tons per summer day (tpsd), for the Mississippi portion of the Memphis, 
TN-MS-AR Area, as shown in Tables 2 and 3, below.

[[Page 7276]]



    Table 2--Actual and Projected Average Summer Day NOX Emissions (tpsd) for the Mississippi Portion of the
                                             Memphis, TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            1.78            1.81            1.83            1.89
Area............................................            1.24            1.25            1.25            1.24
Non-road........................................            2.89            2.29            2.06            1.78
On-road.........................................            8.66            5.34            3.53            2.74
                                                 ---------------------------------------------------------------
    Total.......................................           14.57           10.68            8.68            7.65
----------------------------------------------------------------------------------------------------------------


    Table 3--Actual and Projected Average Summer Day VOC Emissions (tpsd) for the Mississippi Portion of the
                                             Memphis, TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            0.84            0.77            0.77            0.79
Area............................................            6.49            6.57            6.59            6.54
Non-road........................................            1.86            1.41            1.33            1.28
On-road.........................................            5.75            3.92            2.51            2.54
                                                 ---------------------------------------------------------------
    Total.......................................           14.94           12.67           11.19           11.15
----------------------------------------------------------------------------------------------------------------

    Tables 2 and 3 summarize the 2012 and future projected emissions of 
NOX and VOC from the Mississippi portion of the Memphis, TN-
MS-AR Area. In situations where local emissions are the primary 
contributor to nonattainment, such as the Memphis, TN-MS-AR Area, if 
the future projected emissions in the nonattainment area remain at or 
below the baseline emissions in the nonattainment area, then the 
ambient air quality standard should not be exceeded in the future. 
Mississippi has projected emissions as described previously and 
determined that emissions in the Mississippi portion of the Memphis, 
TN-MS-AR Area will remain below those in the attainment year inventory 
for the duration of the maintenance plan.
    As discussed in section VI of this proposed rulemaking, a safety 
margin is the difference between the attainment level of emissions 
(from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The attainment level of emissions is 
the level of emissions during one of the years in which the area met 
the NAAQS. Mississippi selected 2012 as the attainment emissions 
inventory year for the Mississippi portion of the Memphis, TN-MS-AR 
Area. Mississippi calculated safety margins in its submittal for years 
2017, 2020, and 2027. The State has allocated a portion of the 2027 
safety margin to the 2027 MVEBs for the Memphis, TN-MS-AR Area.

 Table 4--Safety Margins for the Mississippi Portion of the Memphis, TN-
                               MS-AR Area
------------------------------------------------------------------------
                  Year                       VOC (tpd)       NOX (tpd)
------------------------------------------------------------------------
2017....................................            2.27            3.89
2020....................................            3.75            5.90
2027....................................            3.79            6.92
------------------------------------------------------------------------

    The State has decided to allocate a portion of the available safety 
margin to the 2027 MVEBs to allow for unanticipated growth in VMT, 
changes and uncertainty in vehicle mix assumptions, etc., that will 
influence the emission estimations. MDEQ has allocated 5.26 tpd of the 
NOX safety margin to the 2027 NOX MVEB and 2.46 
tpd of the VOC safety margin to the 2027 VOC MVEB. After allocation of 
the available safety margin, the remaining safety margin is 1.66 tpd 
for NOX and 1.33 tpd for VOC. This allocation and the 
resulting available safety margin for the Mississippi portion of the 
Memphis, TN-MS-AR Area are discussed further in section VI of this 
proposed rulemaking along with the MVEBs to be used for transportation 
conformity proposes.
d. Monitoring Network
    There are five monitors measuring ozone in the Memphis, TN-MS-AR 
Area, of which one is located in the Mississippi portion of the 
Memphis, TN-MS-AR Area. In its maintenance plan, Mississippi has 
committed to continue operation of the monitor in the Mississippi 
portion of the Memphis, TN-MS-AR Area in compliance with 40 CFR part 58 
and has thus addressed the requirement for monitoring. EPA approved 
Mississippi's monitoring plan on November 7, 2014.
e. Verification of Continued Attainment
    The State of Mississippi, through MDEQ, has the legal authority to 
enforce and implement the maintenance plan for the Mississippi portion 
of the Area. This includes the authority to adopt, implement, and 
enforce any subsequent emissions control contingency measures 
determined to be necessary to correct future ozone attainment problems. 
The State has committed to track the progress of the maintenance plan 
by updating its emissions inventory at least once every three years and 
reviewing the updated emissions inventories for the area using the 
latest emissions factors, models, and methodologies.
    Additionally, under the Consolidated Emissions Reporting Rule 
(CERR) and Air Emissions Reporting Requirements (AERR), MDEQ is 
required to develop a comprehensive, annual, statewide emissions 
inventory every three years that is due twelve to eighteen months after 
the completion of the inventory year. The AERR inventory years match 
the base year and final year of the inventory for the maintenance plan, 
and are within one or two years of the interim inventory years of the 
maintenance plan. Therefore, MDEQ commits to compare the CERR and AERR 
inventories as they are developed with the maintenance plan to 
determine if additional steps are necessary for continued maintenance 
of the 2008 8-hour ozone NAAQS in this Area.

[[Page 7277]]

f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the state. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    The contingency plan included in the submittal includes a 
triggering mechanism to determine when contingency measures are needed 
and a process of developing and implementing appropriate control 
measures. The primary trigger is a violation of the 2008 8-hour ozone 
NAAQS (i.e., when the three-year average of the 4th highest values is 
equal to or greater than 0.076 ppm at a monitor in the Area). If the 
quality assured/quality controlled (QA/QC) data indicates a violating 
design value, the trigger date will be the date of the design value 
violation and not the final QA/QC date. If the initial monitoring data 
indicates a possible violation but later QA/QC indicates that a 
violation did not occur, then a triggering event will not have occurred 
and contingency measures will not be implemented. The secondary trigger 
is activated when MDEQ forecasts ozone levels above the 2008 8-hour 
ozone NAAQS although no actual violation of the 2008 8-hour ozone NAAQS 
has occurred.
    Once the primary or secondary trigger is activated, the MDEQ, shall 
commence analyses including an emissions inventory assessment to 
determine those emission control measures that will be required for 
attaining or maintaining the 2008 8-hour ozone NAAQS. At least one of 
the following contingency measures will be adopted and implemented 
within 18 to 24 months upon a primary triggering event:
     Implementation of diesel retrofit programs, including 
incentives for performing retrofits for fleet vehicle operations;
     Voluntary engine idling reduction programs;
     MDEQ will work with Mississippi Department of 
Transportation to have air quality alerts posted on the Intelligent 
Transportation System boards located in DeSoto County encouraging 
motorists to take actions to reduce emissions when forecasted ozone 
levels will exceed; and
     Other measures deemed appropriate at the time as a result 
of advances in control technologies.\10\
---------------------------------------------------------------------------

    \10\ If the State adopts a voluntary emission reduction measure 
as a contingency measure necessary to attain or maintain the NAAQS, 
EPA will evaluate approvability in accordance with relevant Agency 
guidance regarding the incorporation of voluntary measures into 
SIPs. See, e.g., Memorandum from Richard D. Wilson, Acting 
Administrator for Air and Radiation, to EPA Regional Administrators 
re: Guidance on Incorporating Voluntary Mobile Source Emission 
Reduction Programs in State Implementation Plans (SIPs) (October 24, 
1997); EPA, Office of Air and Radiation, Incorporating Emerging and 
Voluntary Measures in a State Implementation Plan (SIP) (September 
2004).
---------------------------------------------------------------------------

    If the secondary trigger is activated, MDEQ will suspend all open 
burning permits within the County until the forecast shows improvement.
    EPA preliminarily concludes that the maintenance plan adequately 
addresses the five basic components of a maintenance plan: the 
attainment emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. 
Therefore, EPA proposes that the maintenance plan SIP revision 
submitted by Mississippi for the State's portion of the Area meets the 
requirements of section 175A of the CAA and is approvable.

VI. What is EPA's analysis of Mississippi's proposed NOX and 
VOC MVEBs for the Mississippi portion of the area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a transportation 
plan does not conform, most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP. The regional 
emissions analysis is one, but not the only, requirement for 
implementing transportation conformity. Transportation conformity is a 
requirement for nonattainment and maintenance areas. Maintenance areas 
are areas that were previously nonattainment for a particular NAAQS but 
have since been redesignated to attainment with an approved maintenance 
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment demonstration 
requirements) and maintenance plans create MVEBs (or in this case sub-
area MVEBs) for criteria pollutants and/or their precursors to address 
pollution from cars and trucks. Per 40 CFR part 93, a MVEB must be 
established for the last year of the maintenance plan. A state may 
adopt MVEBs for other years as well. The MVEB is the portion of the 
total allowable emissions in the maintenance demonstration that is 
allocated to highway and transit vehicle use and emissions. See 40 CFR 
93.101. The MVEB serves as a ceiling on emissions from an area's 
planned transportation system. The MVEB concept is further explained in 
the preamble to the November 24, 1993, Transportation Conformity Rule 
(58 FR 62188). The preamble also describes how to establish the MVEB in 
the SIP and how to revise the MVEB.
    As part of the interagency consultation process on setting MVEBs, 
MDEQ held discussions to determine what years to set MVEBs for the 
Memphis, TN-MS-AR maintenance plan. According to the transportation 
conformity rule, a maintenance plan must establish MVEBs for the last 
year of the maintenance plan (in this case, 2027). See 40 CFR 93.118. 
Table 5, below, provides the NOX and VOC MVEBs for 2027.

[[Page 7278]]



Table 5--MVEBs for the Mississippi Portion of the Memphis, TN-MS-AR Area
                                  [tpd]
------------------------------------------------------------------------
                                                       2027
                                         -------------------------------
                                                NOX             VOC
------------------------------------------------------------------------
Base Year On-Road Emissions.............            2.74            2.54
Safety Margin Allocated to MVEB.........            5.26            2.46
Conformity MVEB.........................            8.00            5.00
------------------------------------------------------------------------

    As mentioned previously, Mississippi has chosen to allocate a 
portion of the available safety margin to the NOX and VOC 
MVEBs for 2027. As discussed in section V of this proposed rulemaking 
notice, a safety margin is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. The attainment level of 
emissions is the level of emissions during one of the years in which 
the area met the NAAQS. As discussed previously, Mississippi has 
selected 2012 as the base year.
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and VOC for 2027 for the Mississippi portion of the 
Memphis, TN-MS-AR Area because EPA believes that the Area maintains the 
2008 8-hour ozone NAAQS with the emissions at the levels of the 
budgets. Once the MVEBs for the Mississippi portion of the Memphis, TN-
MS-AR Area are approved or found adequate (whichever is completed 
first), they must be used for future conformity determinations. After 
thorough review, EPA has preliminary determined that the budgets meet 
the adequacy criteria, as outlined in 40 CFR 93.118(e)(4), and is 
proposing to approve the budgets because they are consistent with 
maintenance of the 2008 8-hour ozone NAAQS through 2027.

VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs for the Mississippi portion of 
the area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. Once 
EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEB must be used by state and 
Federal agencies in determining whether proposed transportation 
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' EPA adopted regulations to codify the 
adequacy process in the Transportation Conformity Rule Amendments for 
the ``New 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards and Miscellaneous Revisions for Existing Areas; 
Transportation Conformity Rule Amendments--Response to Court Decision 
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional 
information on the adequacy process for transportation conformity 
purposes is available in the proposed rule entitled, ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Mississippi's maintenance plan includes 
NOX and VOC MVEBs for the Mississippi portion of the 
Memphis, TN-MS-AR Area for 2027, the last year of the maintenance plan. 
EPA is reviewing the NOX and VOC MVEBs through the adequacy 
process. The NOX and VOC MVEBs for the Mississippi portion 
of the Memphis, TN-MS-AR Area, opened for public comment on EPA's 
adequacy Web site on November 2, 2015, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment 
period on adequacy for the 2027 MVEBs for the Mississippi portion of 
the Memphis, TN-MS-AR Area closed on December 2, 2015. No comments, 
adverse or otherwise, were received during EPA's adequacy process for 
the MVEBs associated with Mississippi's maintenance plan.
    EPA intends to make its determination on the adequacy of the 2027 
MVEBs for the Mississippi portion of the Memphis, TN-MS-AR Area for 
transportation conformity purposes in the near future by completing the 
adequacy process that was started on November 2, 2015. After EPA finds 
the 2027 MVEBs adequate or approves them, the new MVEBs for 
NOX and VOC must be used for future transportation 
conformity determinations. For required regional emissions analysis 
years for 2027 and beyond, the applicable budgets will be the new 2027 
MVEBs established in the maintenance plan, as defined in section V of 
this proposed rulemaking.

VIII. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take 
final action on the issues being proposed for approval. Approval of 
Mississippi's redesignation request would change the legal designation 
of the portion of DeSoto County that is within the Memphis, TN-MS-AR 
Area, as found at 40 CFR part 81, from nonattainment to attainment for 
the 2008 8-hour ozone NAAQS. Approval of Mississippi's associated SIP 
revision would also incorporate a plan for maintaining the 2008 8-hour 
ozone NAAQS in the Memphis, TN-MS-AR Area through 2027 into the SIP. 
This maintenance plan includes contingency measures to remedy any 
future violations of the 2008 8-hour ozone NAAQS and procedures for 
evaluation of potential violations. The maintenance plan also 
establishes NOX and VOC MVEBs for 2027 for the Mississippi 
portion of the Memphis, TN-MS-AR Area. The MVEBs are listed in Table 5 
of this document. Additionally, EPA is notifying the public of the 
status of EPA's adequacy determination for the newly-established 
NOX and VOC MVEBs for 2027 for the Mississippi portion of 
the Memphis, TN-MS-AR Area.

IX. Proposed Actions

    EPA is taking three separate but related actions regarding the 
redesignation and maintenance of the 2008 8-hour ozone NAAQS for the 
Mississippi portion of the Memphis, TN-MS-AR Area. First, EPA is 
proposing to determine that the entire Memphis, TN-MS-AR Area is 
attaining the 2008 8-hour ozone NAAQS. Second,

[[Page 7279]]

EPA is proposing to approve the maintenance plan for the Mississippi 
portion of the Area, including the NOX and VOC MVEBs for 
2027, into the Mississippi SIP. The maintenance plan demonstrates that 
the Area will continue to maintain the 2008 8-hour ozone NAAQS and that 
the budgets meet all of the adequacy criteria contained in 40 CFR 
93.118(e)(4) and (5). Third, EPA is proposing to determine that the 
Mississippi portion of the Memphis, TN-MS-AR Area has met the criteria 
under CAA section 107(d)(3)(E) for redesignation from nonattainment to 
attainment for the 2008 8-hour ozone NAAQS. Further, as part of this 
action, EPA is describing the status of its adequacy determination for 
the NOX and VOC MVEBs for 2027 in accordance with 40 CFR 
93.118(f)(2). Within 24 months from the effective date of EPA's 
adequacy determination for the MVEBs or the publication date for the 
final rule for this action, whichever is earlier, the transportation 
partners will need to demonstrate conformity to the new NOX 
and VOC MVEBs pursuant to 40 CFR 93.104(e).
    If finalized, approval of the redesignation request would change 
the official designation of the portion of DeSoto County that is within 
the Memphis, TN-MS-AR Area, as found at 40 CFR part 81, from 
nonattainment to attainment for the 2008 8-hour ozone NAAQS.

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these proposed actions merely propose to approve state law 
as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For this reason, these 
proposed actions:
     Are not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 28, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-02725 Filed 2-10-16; 8:45 am]
 BILLING CODE 6560-50-P


