80 FR 37985 - Approval and Promulgation of Implementation Plans; Mississippi; Memphis, TN-MS-AR Emissions Inventory for the 2008 8-Hour Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 127 (July 2, 2015)
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 37985-37988 | |
| FR Document | 2015-16080 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Rules and Regulations] [Pages 37985-37988] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16080] [[Page 37985]] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0247; FRL-9929-84-Region 4] Approval and Promulgation of Implementation Plans; Mississippi; Memphis, TN-MS-AR Emissions Inventory for the 2008 8-Hour Ozone Standard AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve the portion of the state implementation plan (SIP) revision submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ) on January 14, 2015, that addresses the base year emissions inventory requirements for the State's portion of the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area''). A base year emissions inventory is required for all ozone nonattainment areas. The Area is comprised of Shelby County in Tennessee, Crittenden County in Arkansas, and a portion of DeSoto County in Mississippi. EPA will take action on the emissions inventories for the Tennessee and Arkansas portions of the Area in separate actions. DATES: This direct final rule is effective August 31, 2015 without further notice, unless EPA receives adverse comment by August 3, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2015-0247, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (404) 562-9019. 4. Mail: ``EPA-R04-OAR-2015-0247,'' Air Regulatory Management Section, (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA-R04-OAR- 2015-0247. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI 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 in 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: Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm). See 73 FR 16436. 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 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 Clean Air Act (CAA or Act) requires EPA to designate as nonattainment any area that is violating the NAAQS, based on the three most recent years of 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. At the time of designation, the Memphis, TN-MS-AR Area was classified as a marginal nonattainment [[Page 37986]] area for the 2008 8-hour ozone NAAQS. On March 6, 2015, EPA finalized a rule entitled ``Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule) that establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 FR 12264. This rule establishes nonattainment area attainment dates based on Table 1 of section 181(a) of the CAA, including an attainment date three years after the July 20, 2012, effective date, for areas classified as marginal for the 2008 8- hour ozone NAAQS. Therefore, the attainment date for the Memphis, TN- MS-AR Area is July 20, 2015. --------------------------------------------------------------------------- \1\ The SIP Requirements Rule 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, reasonably available control measures, major new source review, emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. The rule also revokes the 1997 ozone NAAQS and establishes anti-backsliding requirements. --------------------------------------------------------------------------- Based on the nonattainment designation, Mississippi was required to develop a nonattainment SIP revision addressing certain CAA requirements. Specifically, pursuant to CAA section 182(a)(1), Mississippi was required to submit a SIP revision addressing emissions inventory requirements. Ground level ozone is not emitted directly into the air, but is created by chemical reactions between oxides of nitrogen (NOX ) and volatile organic compounds (VOC) in the presence of sunlight. Emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are some of the major sources of NOX and VOC. Section 182(a)(1) of the CAA requires states with areas designated nonattainment for the ozone NAAQS to submit a SIP revision providing a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area. NOX and VOCs are the relevant pollutants because they are the precursors of ozone. On January 14, 2015, Mississippi submitted a SIP revision containing a base year emissions inventory for its portion of the Memphis, TN-MS-AR Area. EPA is now taking action to approve the portion of the SIP revision addressing the emissions inventory as meeting the requirements of sections 110 and 182(a)(1) of the CAA. More information on EPA's analysis of Mississippi's emissions inventory is provided below. II. Analysis of the State's Base Year Emissions Inventory As discussed above, section 182(a)(1) of the CAA requires states to submit a comprehensive, accurate, and current inventory of actual emissions from all sources of the relevant pollutant or pollutants in each ozone non-attainment area. The section 182(a)(1) base year inventory is defined in the SIP Requirements Rule as ``a comprehensive, accurate, current inventory of actual emissions from sources of VOC and NOX emitted within the boundaries of the nonattainment area as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The inventory year must be selected consistent with the baseline year for the RFP plan as required by 40 CFR 51.1110(b),\2\ and the inventory must include actual ozone season day emissions as defined in 40 CFR 51.1100(cc) \3\ and contain data elements consistent with the detail required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e). In addition, the point source emissions included in the inventory must be reported according to the point source emissions thresholds of the Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart A. 40 CFR 51.1115(d). --------------------------------------------------------------------------- \2\ 40 CFR 51.1110(b) states that at the time of designation for the 2008 ozone NAAQS the baseline emissions inventory shall be the emissions inventory for the most recent calendar year for which a complete triennial inventory is required to be submitted to EPA under the provisions of subpart A of the part. States may use an alternative baseline emissions inventory provided the state demonstrates why it is appropriate to use the alternative baseline year, and provided that the year selected is between the years 2008 to 2012. \3\ ``Ozone season day emissions'' is defined as an average day's emissions for a typical ozone season work weekday. The state shall select, subject to EPA approval, the particular month(s) in the ozone season and the day(s) in the work week to be represented, considering the conditions assumed in the development of RFP plans and/or emissions budgets for transportation conformity. See 40 CFR 51.1100(cc). --------------------------------------------------------------------------- Mississippi selected 2011 as the base year for the emissions inventory which is the year corresponding with the first triennial inventory under 40 CFR part 51, subpart A. This base year is one of the three years of ambient data used to designate the Area as a nonattainment area and therefore represents emissions associated with nonattainment conditions. The emissions inventory is based on data developed and submitted by MDEQ to EPA's 2011 National Emissions Inventory (NEI), and it contains data elements consistent with the detail required by 40 CFR part 51, subpart A.\4\ --------------------------------------------------------------------------- \4\ Data downloaded from the EPA EIS from the 2011 NEI was subjected to quality assurance procedures described under quality assurance details under 2011 NEI Version 1 Documentation located at http://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc. The quality assurance and quality control procedures and measures associated with this data are outlined in the State's EPA-approved Emission Inventory Quality Assurance Project Plan. --------------------------------------------------------------------------- Mississippi's emissions inventory for its portion of the Area provides 2011 emissions data for NOX and VOCs for the following general source categories: point, nonpoint (excluding biogenic sources), nonroad mobile, and onroad mobile. A detailed discussion of the inventory development is located in Appendix V to Mississippi's January 14, 2015, submittal which is provided in the docket for this action. The table below provides a summary of the emissions inventory. Table 1--2011 Point, Nonpoint, Nonroad Mobile, and Onroad Mobile Emissions for the Mississippi Portion of the Memphis, TN-MS-AR Area [Tons per summer day] -------------------------------------------------------------------------------------------------------------------------------------------------------- Point Nonpoint Non-road mobile On-road mobile Total ------------------ (excluding ----------------------------------------------------- biogenic County sources) NOX VOC ------------------ NOX VOC NOX VOC NOX VOC NOX VOC -------------------------------------------------------------------------------------------------------------------------------------------------------- DeSoto *...................................................... 1.533 0.817 1.267 7.062 2.054 1.658 8.969 5.178 13.847 14.734 -------------------------------------------------------------------------------------------------------------------------------------------------------- * Emissions reported for the nonattainment portion of the county. [[Page 37987]] The emissions reported for DeSoto County reflect the emissions for only the nonattainment portion of the county. The inventory contains point source emissions data for facilities located within the Mississippi portion of the Area based on Geographic Information Systems (GIS) mapping. For the remaining emissions categories, emissions for the Mississippi portion of the Area were determined based on the population of the nonattainment portion of DeSoto County. More details on the emissions inventory for individual source categories is provided below and in Appendix V to Mississippi's SIP submittal. Point sources are large, stationary, identifiable sources of emissions that release pollutants into the atmosphere. The point source emissions inventory for Mississippi's portion of the Memphis, TN-MS-AR Area was reported from the 2011 NEI data. These sources are required to submit inventory data according to the AERR. The point source emissions data meets the point source emissions thresholds of 40 CFR part 51, subpart A. Nonpoint sources are small emission stationary sources which, due to their large number, collectively have significant emissions (e.g., dry cleaners, service stations). Emissions for these sources were calculated using established factors provided by EPA. These emissions were estimated at the county-level. Mississippi calculated average summer day nonpoint source emissions by summing the nonpoint emissions during the total five summer months (May, June, July, August and September) in 2011 and dividing by the total by the number of 2011 summer days. On-road mobile sources include vehicles used on roads for transportation of passengers or freight. For on-road mobile sources, Mississippi used the 2011 emissions inventory developed by the Memphis Urban Area Metropolitan Planning Organization with input from MDEQ and others as part of the 2040 DeSoto County Nonattainment Area Moves Air Quality Conformity Demonstration. The inventory was created using EPA's Motor Vehicle Emissions Simulator (MOVES)-2010(b) mobile model to estimate emissions.\5\ County level on-road modeling was conducted using county-specific vehicle population, and other local data. Mississippi developed its on-road emissions inventory using the State's MOVES2010b modeling results for each ozone nonattainment county. Mississippi developed its inventory according to the current EPA emissions inventory guidance for on-road mobile sources.\6\ --------------------------------------------------------------------------- \5\ Mississippi used EPA's Motor Vehicle Emissions Simulator (MOVES) version 2010b. According to the Emissions Inventory Guidance for Ozone [& PM] NAAQS Implementation and Regional Haze Regulations, all states but California, for on-road mobile emissions should be estimated with the latest EPA on-road mobile model, MOVES, following the latest guidance available at http://www.epa.gov/otaq/models/moves/index.htm#sip. \6\ This guidance includes: Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations, EPA-454/R- 05-001 (August 2005, updated November 2005); Policy Guidance on the Use of MOVES2010 for State Implementation Plan Development, Transportation Conformity, and Other Purposes, EPA-420-B-09-046 (December 2009); and Technical Guidance on the Use of MOVES2010 for Emission Inventory Preparation in State Implementation Plans and Transportation Conformity, EPA-420-B-10-023 (April 2010). --------------------------------------------------------------------------- Non-road mobile sources include vehicles, engines, and equipment used for construction, agriculture, recreation, and other purposes that do not use roadways (e.g., lawn mowers, construction equipment, railroad locomotives, and aircraft). The emissions from non-road mobile sources other than rail yards and airports were derived from 2011 NEI. EPA estimated non-road emissions for the 2011 NEI using the NONROAD model. Mississippi developed its inventory according to the current EPA emissions inventory guidance for non-road mobile sources.\7\ For the reasons discussed above, EPA has determined that Mississippi's emissions inventory meets the requirements under CAA section 182(a)(1) and the SIP Requirements Rule for the 2008 8-hour ozone NAAQS. --------------------------------------------------------------------------- \7\ This guidance includes: Procedures for Emission Inventory Preparation, Volume IV: Mobile Sources, EPA-450/4-81-026d (July 1991). --------------------------------------------------------------------------- III. Final Action EPA is approving the portion of the SIP revision submitted by Mississippi on January 14, 2015, that addresses the base year emissions inventory for the Memphis, TN-MS-AR Area. EPA has concluded that this portion of the State's submission meets the requirements of sections 110 and 182 of the CAA. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective August 31, 2015 without further notice unless the Agency receives adverse comments by August 3, 2015. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on August 31, 2015 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the Agency may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); [[Page 37988]] Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 31, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 18, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart Z--Mississippi 0 2. Section 52.1270(e) is amended by adding a new entry for ``2011 Base Year Emissions Inventory for the Mississippi portion of the Memphis, TN-MS-AR 2008 Ozone NAAQS Nonattainment Area'' at the end of the table to read as follows: Sec. 52.1270 Identification of plan. * * * * * (e) * * * EPA-Approved Mississippi Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable geographic submittal date/ EPA Approval date Explanation provision or nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2011 Base Year Emissions Inventory DeSoto County portion 1/14/2015 7/02/2015 [Insert for the Mississippi portion of of Memphis, TN-AR-MS citation of the Memphis, TN-MS-AR 2008 Ozone 2008 8-hour Ozone publication]. NAAQS Nonattainment Area. Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-16080 Filed 7-1-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37985
ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW., publicly available only in hard copy
AGENCY Atlanta, Georgia 30303–8960. form. Publicly available docket
5. Hand Delivery or Courier: Lynorae materials are available either
40 CFR Part 52 Benjamin, Chief, Air Regulatory electronically in www.regulations.gov or
Management Section, Air Planning and in hard copy at the Air Regulatory
[EPA–R04–OAR–2015–0247; FRL–9929–84– Implementation Branch, Air, Pesticides Management Section, Air Planning and
Region 4] and Toxics Management Division, U.S. Implementation Branch, Air, Pesticides
Approval and Promulgation of Environmental Protection Agency, and Toxics Management Division, U.S.
Implementation Plans; Mississippi; Region 4, 61 Forsyth Street SW., Environmental Protection Agency,
Memphis, TN–MS–AR Emissions Atlanta, Georgia 30303–8960. Such Region 4, 61 Forsyth Street SW.,
Inventory for the 2008 8-Hour Ozone deliveries are only accepted during the Atlanta, Georgia 30303–8960. EPA
Regional Office’s normal hours of requests that if at all possible, you
Standard
operation. The Regional Office’s official contact the person listed in the FOR
AGENCY: Environmental Protection hours of business are Monday through FURTHER INFORMATION CONTACT section to
Agency. Friday, 8:30 a.m. to 4:30 p.m., excluding schedule your inspection. The Regional
ACTION: Direct final rule. Federal holidays. Office’s official hours of business are
Instructions: Direct your comments to Monday through Friday, 8:30 a.m. to
SUMMARY: The Environmental Protection Docket ID No. EPA–R04–OAR–2015– 4:30 p.m., excluding Federal holidays.
Agency (EPA) is taking direct final 0247. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT:
action to approve the portion of the state received will be included in the public
Tiereny Bell, Air Regulatory
implementation plan (SIP) revision docket without change and may be
Management Section, Air Planning and
submitted by the State of Mississippi, made available online at
Implementation Branch, Air, Pesticides
through the Mississippi Department of www.regulations.gov, including any
and Toxics Management Division, U.S.
Environmental Quality (MDEQ) on personal information provided, unless
Environmental Protection Agency,
January 14, 2015, that addresses the the comment includes information
Region 4, 61 Forsyth Street SW.,
base year emissions inventory claimed to be Confidential Business
Atlanta, Georgia 30303–8960. Ms. Bell
requirements for the State’s portion of Information (CBI) or other information
can be reached at (404) 562–9088 and
the Memphis, Tennessee-Mississippi- whose disclosure is restricted by statute.
via electronic mail at bell.tiereny@
Arkansas (Memphis, TN–MS–AR) 2008 Do not submit through
www.regulations.gov or email, epa.gov.
8-hour ozone national ambient air
quality standards (NAAQS) information that you consider to be CBI SUPPLEMENTARY INFORMATION:
nonattainment area (hereafter referred to or otherwise protected. The I. Background
as the ‘‘Memphis, TN–MS–AR Area’’ or www.regulations.gov Web site is an
‘‘anonymous access’’ system, which On March 12, 2008, EPA promulgated
‘‘Area’’). A base year emissions
means EPA will not know your identity a revised 8-hour ozone NAAQS of 0.075
inventory is required for all ozone
or contact information unless you parts per million (ppm). See 73 FR
nonattainment areas. The Area is
provide it in the body of your comment. 16436. Under EPA’s regulations at 40
comprised of Shelby County in
If you send an email comment directly CFR part 50, the 2008 8-hour ozone
Tennessee, Crittenden County in
to EPA without going through NAAQS is attained when the 3-year
Arkansas, and a portion of DeSoto
www.regulations.gov, your email average of the annual fourth-highest
County in Mississippi. EPA will take
address will be automatically captured daily maximum 8-hour average ambient
action on the emissions inventories for
and included as part of the comment air quality ozone concentrations is less
the Tennessee and Arkansas portions of
that is placed in the public docket and than or equal to 0.075 ppm. See 40 CFR
the Area in separate actions.
made available on the Internet. If you 50.15. Ambient air quality monitoring
DATES: This direct final rule is effective data for the 3-year period must meet a
submit an electronic comment, EPA
August 31, 2015 without further notice, recommends that you include your data completeness requirement. The
unless EPA receives adverse comment name and other contact information in ambient air quality monitoring data
by August 3, 2015. If EPA receives such the body of your comment and with any completeness requirement is met when
comments, it will publish a timely disk or CD–ROM you submit. If EPA the average percent of days with valid
withdrawal of the direct final rule in the cannot read your comment due to ambient monitoring data is greater than
Federal Register informing the public technical difficulties and cannot contact 90 percent, and no single year has less
that this rule will not take effect. you for clarification, EPA may not be than 75 percent data completeness as
ADDRESSES: Submit your comments, able to consider your comment. determined in appendix I of part 50.
identified by Docket ID No. EPA–R04– Electronic files should avoid the use of Upon promulgation of a new or
OAR–2015–0247, by one of the special characters, any form of revised NAAQS, the Clean Air Act
following methods: encryption, and be free of any defects or (CAA or Act) requires EPA to designate
1. www.regulations.gov: Follow the viruses. For additional information as nonattainment any area that is
on-line instructions for submitting about EPA’s public docket visit the EPA violating the NAAQS, based on the
comments. Docket Center homepage at http:// three most recent years of ambient air
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
2. Email: R4–ARMS@epa.gov. www.epa.gov/epahome/dockets.htm. quality data at the conclusion of the
3. Fax: (404) 562–9019. Docket: All documents in the designation process. The Memphis, TN–
4. Mail: ‘‘EPA–R04–OAR–2015– electronic docket are listed in the MS–AR Area was designated
0247,’’ Air Regulatory Management www.regulations.gov index. Although nonattainment for the 2008 8-hour
Section, (formerly the Regulatory listed in the index, some information is ozone NAAQS on May 21, 2012
Development Section), Air Planning and not publicly available, i.e., CBI or other (effective July 20, 2012), using 2008–
Implementation Branch (formerly the information whose disclosure is 2010 ambient air quality data. See 77 FR
Air Planning Branch), Air, Pesticides restricted by statute. Certain other 30088. At the time of designation, the
and Toxics Management Division, U.S. material, such as copyrighted material, Memphis, TN–MS–AR Area was
Environmental Protection Agency, is not placed on the Internet and will be classified as a marginal nonattainment
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![37986 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
area for the 2008 8-hour ozone NAAQS. ozone NAAQS to submit a SIP revision include actual ozone season day
On March 6, 2015, EPA finalized a rule providing a comprehensive, accurate, emissions as defined in 40 CFR
entitled ‘‘Implementation of the 2008 and current inventory of actual 51.1100(cc) 3 and contain data elements
National Ambient Air Quality Standards emissions from all sources of the consistent with the detail required by 40
for Ozone: State Implementation Plan relevant pollutant or pollutants in such CFR part 51, subpart A. See 40 CFR
Requirements’’ (SIP Requirements Rule) area. NOX and VOCs are the relevant 51.1115(a), (c), (e). In addition, the point
that establishes the requirements that pollutants because they are the source emissions included in the
state, tribal, and local air quality precursors of ozone. inventory must be reported according to
management agencies must meet as they On January 14, 2015, Mississippi the point source emissions thresholds of
develop implementation plans for areas submitted a SIP revision containing a the Air Emissions Reporting
where air quality exceeds the 2008 8- base year emissions inventory for its Requirements (AERR) in 40 CFR part 51,
hour ozone NAAQS.1 See 80 FR 12264. portion of the Memphis, TN–MS–AR subpart A. 40 CFR 51.1115(d).
This rule establishes nonattainment area Area. EPA is now taking action to Mississippi selected 2011 as the base
attainment dates based on Table 1 of approve the portion of the SIP revision year for the emissions inventory which
section 181(a) of the CAA, including an addressing the emissions inventory as is the year corresponding with the first
attainment date three years after the July meeting the requirements of sections triennial inventory under 40 CFR part
20, 2012, effective date, for areas 110 and 182(a)(1) of the CAA. More 51, subpart A. This base year is one of
classified as marginal for the 2008 8- information on EPA’s analysis of the three years of ambient data used to
hour ozone NAAQS. Therefore, the Mississippi’s emissions inventory is designate the Area as a nonattainment
attainment date for the Memphis, TN– provided below.
area and therefore represents emissions
MS–AR Area is July 20, 2015. II. Analysis of the State’s Base Year associated with nonattainment
Based on the nonattainment Emissions Inventory conditions. The emissions inventory is
designation, Mississippi was required to As discussed above, section 182(a)(1) based on data developed and submitted
develop a nonattainment SIP revision of the CAA requires states to submit a by MDEQ to EPA’s 2011 National
addressing certain CAA requirements. comprehensive, accurate, and current Emissions Inventory (NEI), and it
Specifically, pursuant to CAA section inventory of actual emissions from all contains data elements consistent with
182(a)(1), Mississippi was required to sources of the relevant pollutant or the detail required by 40 CFR part 51,
submit a SIP revision addressing pollutants in each ozone non-attainment subpart A.4
emissions inventory requirements. area. The section 182(a)(1) base year Mississippi’s emissions inventory for
Ground level ozone is not emitted inventory is defined in the SIP its portion of the Area provides 2011
directly into the air, but is created by Requirements Rule as ‘‘a emissions data for NOX and VOCs for
chemical reactions between oxides of comprehensive, accurate, current the following general source categories:
nitrogen (NOX) and volatile organic inventory of actual emissions from point, nonpoint (excluding biogenic
compounds (VOC) in the presence of sources of VOC and NOX emitted within sources), nonroad mobile, and onroad
sunlight. Emissions from industrial the boundaries of the nonattainment mobile. A detailed discussion of the
facilities and electric utilities, motor area as required by CAA section inventory development is located in
vehicle exhaust, gasoline vapors, and 182(a)(1).’’ See 40 CFR 51.1100(bb). The Appendix V to Mississippi’s January 14,
chemical solvents are some of the major inventory year must be selected 2015, submittal which is provided in
sources of NOX and VOC. Section consistent with the baseline year for the the docket for this action. The table
182(a)(1) of the CAA requires states with RFP plan as required by 40 CFR below provides a summary of the
areas designated nonattainment for the 51.1110(b),2 and the inventory must emissions inventory.
TABLE 1—2011 POINT, NONPOINT, NONROAD MOBILE, AND ONROAD MOBILE EMISSIONS FOR THE MISSISSIPPI PORTION
OF THE MEMPHIS, TN–MS–AR AREA
[Tons per summer day]
Point Nonpoint (ex- Non-road mobile On-road mobile Total
cluding biogenic
County sources)
NOX VOC NOX VOC NOX VOC NOX VOC
NOX VOC
DeSoto * ........................................................... 1.533 0.817 1.267 7.062 2.054 1.658 8.969 5.178 13.847 14.734
* Emissions reported for the nonattainment portion of the county.
1 The SIP Requirements Rule addresses a range of inventory for the most recent calendar year for the development of RFP plans and/or emissions
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
nonattainment area SIP requirements for the 2008 which a complete triennial inventory is required to budgets for transportation conformity. See 40 CFR
ozone NAAQS, including requirements pertaining be submitted to EPA under the provisions of 51.1100(cc).
to attainment demonstrations, reasonable further subpart A of the part. States may use an alternative 4 Data downloaded from the EPA EIS from the
progress (RFP), reasonably available control baseline emissions inventory provided the state
2011 NEI was subjected to quality assurance
technology, reasonably available control measures, demonstrates why it is appropriate to use the
major new source review, emission inventories, and alternative baseline year, and provided that the year procedures described under quality assurance
the timing of SIP submissions and of compliance selected is between the years 2008 to 2012. details under 2011 NEI Version 1 Documentation
with emission control measures in the SIP. The rule 3 ‘‘Ozone season day emissions’’ is defined as an located at http://www.epa.gov/ttn/chief/net/
also revokes the 1997 ozone NAAQS and average day’s emissions for a typical ozone season 2011inventory.html#inventorydoc. The quality
establishes anti-backsliding requirements. work weekday. The state shall select, subject to EPA assurance and quality control procedures and
2 40 CFR 51.1110(b) states that at the time of approval, the particular month(s) in the ozone measures associated with this data are outlined in
designation for the 2008 ozone NAAQS the baseline season and the day(s) in the work week to be the State’s EPA-approved Emission Inventory
emissions inventory shall be the emissions represented, considering the conditions assumed in Quality Assurance Project Plan.
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![Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37987
The emissions reported for DeSoto road modeling was conducted using If EPA receives such comments, then
County reflect the emissions for only the county-specific vehicle population, and EPA will publish a document
nonattainment portion of the county. other local data. Mississippi developed withdrawing the final rule and
The inventory contains point source its on-road emissions inventory using informing the public that the rule will
emissions data for facilities located the State’s MOVES2010b modeling not take effect. All adverse comments
within the Mississippi portion of the results for each ozone nonattainment received will then be addressed in a
Area based on Geographic Information county. Mississippi developed its subsequent final rule based on the
Systems (GIS) mapping. For the inventory according to the current EPA proposed rule. EPA will not institute a
remaining emissions categories, emissions inventory guidance for on- second comment period. Parties
emissions for the Mississippi portion of road mobile sources.6 interested in commenting should do so
the Area were determined based on the Non-road mobile sources include at this time. If no such comments are
population of the nonattainment portion vehicles, engines, and equipment used received, the public is advised that this
of DeSoto County. More details on the for construction, agriculture, recreation, rule will be effective on August 31, 2015
emissions inventory for individual and other purposes that do not use and no further action will be taken on
source categories is provided below and roadways (e.g., lawn mowers, the proposed rule.
in Appendix V to Mississippi’s SIP construction equipment, railroad Please note that if EPA receives
submittal. locomotives, and aircraft). The adverse comment on an amendment,
Point sources are large, stationary, emissions from non-road mobile sources paragraph, or section of this rule and if
identifiable sources of emissions that other than rail yards and airports were that provision may be severed from the
release pollutants into the atmosphere. derived from 2011 NEI. EPA estimated remainder of the rule, the Agency may
The point source emissions inventory non-road emissions for the 2011 NEI adopt as final those provisions of the
for Mississippi’s portion of the using the NONROAD model. rule that are not the subject of an
Memphis, TN–MS–AR Area was Mississippi developed its inventory adverse comment.
reported from the 2011 NEI data. These according to the current EPA emissions
sources are required to submit inventory inventory guidance for non-road mobile IV. Statutory and Executive Order
data according to the AERR. The point sources.7 For the reasons discussed Reviews
source emissions data meets the point above, EPA has determined that Under the CAA, the Administrator is
source emissions thresholds of 40 CFR Mississippi’s emissions inventory meets required to approve a SIP submission
part 51, subpart A. the requirements under CAA section that complies with the provisions of the
Nonpoint sources are small emission 182(a)(1) and the SIP Requirements Rule Act and applicable federal regulations.
stationary sources which, due to their for the 2008 8-hour ozone NAAQS. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
large number, collectively have III. Final Action Thus, in reviewing SIP submissions,
significant emissions (e.g., dry cleaners, EPA’s role is to approve state choices,
EPA is approving the portion of the
service stations). Emissions for these provided that they meet the criteria of
SIP revision submitted by Mississippi
sources were calculated using the CAA. Accordingly, this action
on January 14, 2015, that addresses the
established factors provided by EPA. merely approves state law as meeting
base year emissions inventory for the
These emissions were estimated at the federal requirements and does not
Memphis, TN–MS–AR Area. EPA has
county-level. Mississippi calculated impose additional requirements beyond
concluded that this portion of the
average summer day nonpoint source those imposed by state law. For that
State’s submission meets the
emissions by summing the nonpoint reason, this action:
requirements of sections 110 and 182 of
emissions during the total five summer
the CAA. EPA is publishing this rule • Is not a significant regulatory action
months (May, June, July, August and without prior proposal because the subject to review by the Office of
September) in 2011 and dividing by the Agency views this as a noncontroversial Management and Budget under
total by the number of 2011 summer submittal and anticipates no adverse Executive Orders 12866 (58 FR 51735,
days. comments. However, in the proposed October 4, 1993) and 13563 (76 FR 3821,
On-road mobile sources include January 21, 2011);
rules section of this Federal Register
vehicles used on roads for publication, EPA is publishing a • Does not impose an information
transportation of passengers or freight. separate document that will serve as the collection burden under the provisions
For on-road mobile sources, Mississippi proposal to approve the SIP revision of the Paperwork Reduction Act (44
used the 2011 emissions inventory should adverse comments be filed. This U.S.C. 3501 et seq.);
developed by the Memphis Urban Area rule will be effective August 31, 2015 • Is certified as not having a
Metropolitan Planning Organization without further notice unless the significant economic impact on a
with input from MDEQ and others as Agency receives adverse comments by substantial number of small entities
part of the 2040 DeSoto County August 3, 2015. under the Regulatory Flexibility Act (5
Nonattainment Area Moves Air Quality U.S.C. 601 et seq.);
Conformity Demonstration. The 6 This guidance includes: Emissions Inventory • Does not contain any unfunded
inventory was created using EPA’s Guidance for Implementation of Ozone and mandate or significantly or uniquely
Motor Vehicle Emissions Simulator Particulate Matter National Ambient Air Quality
affect small governments, as described
Standards (NAAQS) and Regional Haze
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
(MOVES)-2010(b) mobile model to in the Unfunded Mandates Reform Act
Regulations, EPA–454/R–05–001 (August 2005,
estimate emissions.5 County level on- updated November 2005); Policy Guidance on the of 1995 (Pub. L. 104–4);
Use of MOVES2010 for State Implementation Plan • Does not have Federalism
5 Mississippi used EPA’s Motor Vehicle Development, Transportation Conformity, and
Emissions Simulator (MOVES) version 2010b. Other Purposes, EPA–420–B–09–046 (December implications as specified in Executive
According to the Emissions Inventory Guidance for 2009); and Technical Guidance on the Use of Order 13132 (64 FR 43255, August 10,
Ozone [& PM] NAAQS Implementation and MOVES2010 for Emission Inventory Preparation in 1999);
Regional Haze Regulations, all states but California, State Implementation Plans and Transportation • Is not an economically significant
for on-road mobile emissions should be estimated Conformity, EPA–420–B–10–023 (April 2010).
with the latest EPA on-road mobile model, MOVES, 7 This guidance includes: Procedures for Emission regulatory action based on health or
following the latest guidance available at http:// Inventory Preparation, Volume IV: Mobile Sources, safety risks subject to Executive Order
www.epa.gov/otaq/models/moves/index.htm#sip. EPA–450/4–81–026d (July 1991). 13045 (62 FR 19885, April 23, 1997);
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![37988 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
• Is not a significant regulatory action of the United States. EPA will submit a enforce its requirements. See section
subject to Executive Order 13211 (66 FR report containing this action and other 307(b)(2).
28355, May 22, 2001); required information to the U.S. Senate,
List of Subjects in 40 CFR Part 52
• Is not subject to requirements of the U.S. House of Representatives, and
Section 12(d) of the National the Comptroller General of the United Environmental protection, Air
Technology Transfer and Advancement States prior to publication of the rule in pollution control, Incorporation by
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule reference, Intergovernmental relations,
application of those requirements would cannot take effect until 60 days after it Nitrogen dioxide, Ozone, Reporting and
be inconsistent with the CAA; and is published in the Federal Register. recordkeeping requirements, Volatile
• Does not provide EPA with the This action is not a ‘‘major rule’’ as organic compounds.
discretionary authority to address, as defined by 5 U.S.C. 804(2). Dated: June 18, 2015.
appropriate, disproportionate human Under section 307(b)(1) of the CAA, Heather McTeer Toney,
health or environmental effects, using petitions for judicial review of this Regional Administrator, Region 4.
practicable and legally permissible action must be filed in the United States
methods, under Executive Order 12898 Court of Appeals for the appropriate 40 CFR part 52 is amended as follows:
(59 FR 7629, February 16, 1994). circuit by August 31, 2015. Filing a
PART 52—APPROVAL AND
In addition, the SIP is not approved petition for reconsideration by the
PROMULGATION OF
to apply on any Indian reservation land Administrator of this final rule does not
IMPLEMENTATION PLANS
or in any other area where EPA or an affect the finality of this action for the
Indian tribe has demonstrated that a purposes of judicial review nor does it ■ 1. The authority citation for part 52
tribe has jurisdiction. In those areas of extend the time within which a petition continues to read as follows:
Indian country, the rule does not have for judicial review may be filed, and
tribal implications as specified by shall not postpone the effectiveness of Authority: 42 U.S.C. 7401 et seq.
Executive Order 13175 (65 FR 67249, such rule or action. Parties with Subpart Z—Mississippi
November 9, 2000), nor will it impose objections to this direct final rule are
substantial direct costs on tribal encouraged to file a comment in ■ 2. Section 52.1270(e) is amended by
governments or preempt tribal law. response to the parallel notice of adding a new entry for ‘‘2011 Base Year
The Congressional Review Act, 5 proposed rulemaking for this action Emissions Inventory for the Mississippi
U.S.C. 801 et seq., as added by the Small published in the proposed rules section portion of the Memphis, TN–MS–AR
Business Regulatory Enforcement of this Federal Register, rather than file 2008 Ozone NAAQS Nonattainment
Fairness Act of 1996, generally provides an immediate petition for judicial Area’’ at the end of the table to read as
that before a rule may take effect, the review of this direct final rule, so that follows:
agency promulgating the rule must EPA can withdraw this direct final rule
submit a rule report, which includes a and address the comment in the § 52.1270 Identification of plan.
copy of the rule, to each House of the proposed rulemaking. This action may * * * * *
Congress and to the Comptroller General not be challenged later in proceedings to (e) * * *
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
State submittal
Applicable geographic or nonattainment
Name of non-regulatory SIP provision date/effective EPA Approval date Explanation
area date
* * * * * * *
2011 Base Year Emissions Inventory for DeSoto County portion of Memphis, TN– 1/14/2015 7/02/2015 [Insert ci-
the Mississippi portion of the Memphis, AR–MS 2008 8-hour Ozone Nonattain- tation of publica-
TN–MS–AR 2008 Ozone NAAQS Non- ment Area. tion].
attainment Area.
[FR Doc. 2015–16080 Filed 7–1–15; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Final rule.
BILLING CODE 6560–50–P AGENCY
The Environmental Protection
SUMMARY:
40 CFR Part 257 Agency (EPA or the Agency) is taking
action to amend the final rule regulating
[EPA–HQ–RCRA–2015–0331; FRL–9928–44– the disposal of coal combustion
OSWER] residuals (CCR) as solid waste under
subtitle D of the Resource Conservation
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
RIN–2050–AE81 and Recovery Act (RCRA). After
publication in the Federal Register,
Technical Amendments to the
inconsistencies resulting from
Hazardous and Solid Waste
typographical errors established two
Management System; Disposal of Coal
different effective dates in the regulatory
Combustion Residuals From Electric
Utilities—Correction of the Effective text for the final CCR rule. This action
Date corrects these inconsistencies and
revises the Code of Federal Regulations
AGENCY: Environmental Protection (CFR) so that it accurately reflects the
Agency. statutory effective date of six months
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Document Created: 2015-12-15 13:15:47
Document Modified: 2015-12-15 13:15:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective August 31, 2015 without further notice, unless EPA receives adverse comment by August 3, 2015. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that this rule will not take effect. | |
| Contact | Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via electronic mail at [email protected] | |
| FR Citation | 80 FR 37985 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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