
[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
                                                       -----------------
                                                          NOX      VOC
------------------------------------------------------------------------
On-Road Emissions.....................................    12.51     5.81
Safety Margin Allocated to MVEBs......................    49.04    13.19
Conformity MVEBs......................................    61.56    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, 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]
 BILLING CODE 6560-50-P


