81_FR_1893 81 FR 1884 - Approval and Promulgation of Implementation Plans; Arkansas; Crittenden County Base Year Emission Inventory

81 FR 1884 - Approval and Promulgation of Implementation Plans; Arkansas; Crittenden County Base Year Emission Inventory

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 9 (January 14, 2016)

Page Range1884-1887
FR Document2016-00559

The Environmental Protection Agency (EPA) is approving a revision to the Arkansas State Implementation Plan (SIP) submitted to meet the Clean Air Act (CAA) emissions inventory (EI) requirement for the Crittenden County ozone nonattainment area. EPA is approving the SIP revision because it satisfies the CAA EI requirement for Crittenden County under the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS). The inventory includes emissions data for Nitrogen Oxides (NO<INF>X</INF>) and Volatile Organic Compounds (VOCs). EPA is approving the revisions pursuant to section 110 and part D of the CAA and EPA's regulations.

Federal Register, Volume 81 Issue 9 (Thursday, January 14, 2016)
[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Rules and Regulations]
[Pages 1884-1887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00559]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0647; FRL-9941-21-Region 6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Crittenden County Base Year Emission Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the Arkansas State Implementation Plan (SIP) submitted to 
meet the Clean Air Act (CAA) emissions inventory (EI) requirement for 
the Crittenden County ozone nonattainment area. EPA is approving the 
SIP revision because it

[[Page 1885]]

satisfies the CAA EI requirement for Crittenden County under the 2008 
8-hour ozone National Ambient Air Quality Standards (NAAQS). The 
inventory includes emissions data for Nitrogen Oxides (NOX) 
and Volatile Organic Compounds (VOCs). EPA is approving the revisions 
pursuant to section 110 and part D of the CAA and EPA's regulations.

DATES: This rule is effective on March 14, 2016 without further notice, 
unless the EPA receives relevant adverse comment by March 14, 2016. If 
the EPA receives such comment, the EPA will publish a timely withdrawal 
in the Federal Register informing the public that this rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0647, at http://www.regulations.gov or via email to 
Schwartz.Colin@epa.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The 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. The 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, please contact Mr. Colin Schwartz, 214-
665-7262, Schwartz.Colin@epa.gov. For 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.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. Colin Schwartz, 214-665-7262, 
Schwartz.Colin@epa.gov. To inspect the hard copy materials, please 
schedule an appointment with Mr. Schwartz or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

A. The 2008 Ozone NAAQS and Emissions Inventory Requirement

    On March 12, 2008, the EPA revised the eight-hour ozone NAAQS from 
0.08 parts per million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 
2008). The EPA designated Crittenden County as a nonattainment area for 
the 2008 ozone NAAQS (77 FR 30088, May 21, 2012).\1\
---------------------------------------------------------------------------

    \1\ On October 1, 2015, the EPA strengthened the ozone standard 
to 0.070 ppm (80 FR 65292, October 26, 2015). The EPA has not made 
designations under this new standard and the emission inventory 
under evaluation in this rulemaking does not address that standard.
---------------------------------------------------------------------------

    CAA sections 172(c)(3) and 182(a)(1) require states to develop and 
submit as a SIP revision an emissions inventory for all areas 
designated as nonattainment for the ozone NAAQS. 42 U.S.C. 172(c) and 
182(a). An emissions inventory is an estimation of actual emissions of 
air pollutants in an area. Ground-level ozone, O3, is a gas 
that is formed by the reaction of VOCs and NOX in the 
atmosphere in the presence of sunlight. These precursor emissions are 
emitted by many types of pollution sources, including power plants and 
industrial emissions sources, on-road and non-road motor vehicles and 
engines, and smaller sources, collectively referred to as area sources. 
The EIs provide data for a variety of air quality planning tasks 
including establishing baseline emission levels, calculating federally 
required emission reduction targets, emission inputs into air quality 
simulation models, and tracking emissions over time. The total EI of 
VOC and NOX for an area are summarized from the estimates 
developed for four general categories of emissions sources: Point, 
area, mobile, and biogenic. The EPA's 2008 ozone standard SIP 
requirements rule recommends that states use 2011 as a base year to 
address EI requirements (80 FR 12264, 34190, March 6, 2015).

B. Arkansas' Submittal

    On August 28, 2015, Arkansas submitted to the EPA the SIP revision 
addressing the emissions inventory requirement for Crittenden County 
under the 2008 ozone NAAQS. The inventory includes estimates of 2011 
NOX and VOC emissions in tons per year. The 2011 Base Year 
Inventory is the starting point for calculating the reductions 
necessary to meet the requirements of the CAA. Sections 172 (c)(3) and 
182(b)(1) of the CAA require that nonattainment plan provisions include 
an inventory of actual emissions from all sources of relevant 
pollutants in the nonattainment area. The inventory includes all area, 
point, non-road mobile, and on-road mobile source emissions in the 
Crittenden County ozone nonattainment area. The inventory also includes 
a description of the methods used to estimate emissions. A copy of the 
submittal is available in the electronic docket for this action.

C. What criteria must be met for the EPA to approve this SIP revision?

    Section 182(a)(1) of the CAA requires states with nonattainment 
areas to submit a comprehensive and accurate inventory of ozone 
precursor emissions from all sources within two years of the effective 
date of designation, which was July 20, 2012. Also, Section 172(c)(3) 
requires that such an inventory shall include a comprehensive accurate, 
current inventory of actual emissions from all sources of the relevant 
pollutant or pollutants in such area, including such periodic revisions 
as the Administrator may determine necessary to assure that the 
requirements of this part are met.

II. The EPA's Evaluation

    EPA reviewed the revision for consistency with the requirements of 
EPA regulations. A summary of EPA's analysis is provided below. For a 
full discussion of our evaluation, please see our Technical Support 
Document (TSD).
    Sections 172(c)(3) and 182(a)(1) of the CAA require an inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment area. The 2011 base year emission inventory data include 
all point, area, and non-road and on-road mobile sources in Crittenden 
County. Point source emissions were entered through the State and Local 
Emissions Inventory System (SLEIS) and area sources were developed in 
accordance with the federal Air Emissions Reporting Requirements (AERR) 
rule. Non-road mobile sources utilized the National Mobile Inventory 
Model (NMIM) while the on-road sources used the Motor Vehicle Emissions 
Simulator (MOVES2010b). The EPA has determined that the inventory was 
developed in accordance with CAA guidelines and that the revised 2011 
base year emission inventory is approvable. The submittal meets the 
goal of reaching attainment by reducing O3 forming 
precursors. Table 1 lists the emissions inventory for the Crittenden 
County area. For more detail on how the

[[Page 1886]]

emissions inventories were estimated and evaluated, see the TSD.

                                                    Table 1--Base Year Emissions Inventory, 2011 Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Ozone season                    Ozone season                    Ozone season
                        Category                             daily NOX      Annual NOX       daily VOC      Annual VOC       daily CO        Annual CO
Units                                                           Tons/day       Tons/year        Tons/day       Tons/year        Tons/day       Tons/year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................          0.0017            .063            .051          186.84           0.004            1.58
Area....................................................            8.70        3,165.17           24.90        8,868.94           20.32        7,375.56
Non-road Mobile.........................................            2.11          582.63            3.66          881.35           13.78        3,476.63
On-road Mobile..........................................            6.80           2,542            2.42             845           23.13           9,051
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           17.61        6,290.43           31.49       10,782.13          57.234       19,904.77
--------------------------------------------------------------------------------------------------------------------------------------------------------

III. Final Action

    We are approving revisions to the Arkansas SIP that pertain to the 
2008 ozone SIP emissions inventory for Crittenden County, as are listed 
in Table 1.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on March 14, 2016 
without further notice unless we receive relevant adverse comment by 
February 16, 2016. If we receive relevant adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
relevant adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the 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, described in the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

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 and will not impose substantial 
direct costs on tribal governments or preempt tribal law as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The EPA will submit a report containing this rule 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 March 14, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)
    Samuel Coleman was designated the Acting Regional Administrator on 
December 30, 2015 through the order of succession outlined in Regional 
Order R6-1110.1, a copy of which is included in the docket for this 
action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by

[[Page 1887]]

reference, Ozone, Reporting and recordkeeping requirements, Volatile 
Organic Compounds.

    Dated: December 30, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    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 E--Arkansas

0
2. In Sec.  52.170(e), the third table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures'' is amended by 
adding an entry for ``Crittenden County Base Year Emission Inventory 
for the 2008 Ozone Standard'' to the end of the table.
    The addition reads as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable        State
                                   geographic or     submittal/
     Name of SIP provision         nonattainment     effective   EPA approval date           Explanation
                                        area            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Crittenden County Base Year      Crittenden County    8/28/2015  1/13/2016 [Insert  ............................
 Emission Inventory for the                                       Federal Register
 2008 Ozone Standard.                                             citation].
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[FR Doc. 2016-00559 Filed 1-13-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                1884              Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations

                                                IV. Statutory and Executive Order                       Thus, Executive Order 13175 does not                   shall not postpone the effectiveness of
                                                Reviews                                                 apply to this action.                                  such rule or action. This action may not
                                                                                                                                                               be challenged later in proceedings to
                                                  Additional information about these                    G. Executive Order 13045: Protection of
                                                                                                                                                               enforce its requirements (see section
                                                statutes and Executive Orders can be                    Children From Environmental Health
                                                                                                                                                               307(b)(2)).
                                                found at http://www2.epa.gov/laws-                      Risks and Safety Risks
                                                regulations/laws-and-executive-orders.                    The EPA interprets Executive Order                   List of Subjects in 40 CFR Part 52
                                                A. Executive Order 12866: Regulatory                    13045 as applying only to those                          Environmental protection, Air
                                                Planning and Review and Executive                       regulatory actions that concern                        pollution control, Incorporation by
                                                Order 13563: Improving Regulation and                   environmental health or safety risks that              reference, Intergovernmental relations,
                                                Regulatory Review                                       the EPA has reason to believe may                      Nitrogen dioxide, Ozone, Particulate
                                                                                                        disproportionately affect children, per                matter, Reporting and recordkeeping
                                                  This action is not a significant                      the definition of ‘‘covered regulatory                 requirements, Sulfur dioxide, Volatile
                                                regulatory action and was therefore not                 action’’ in section 2–202 of the                       organic compounds.
                                                submitted to the Office of Management                   Executive Order. This action is not
                                                and Budget (OMB) for review.                                                                                     Dated: December 24, 2015.
                                                                                                        subject to Executive Order 13045                       Alexis Strauss,
                                                B. Paperwork Reduction Act (PRA)                        because it does not impose additional
                                                                                                                                                               Acting Regional Administrator, Region IX.
                                                                                                        requirements beyond those imposed by
                                                  This action does not impose an
                                                                                                        state law.                                               Part 52, Chapter I, Title 40 of the Code
                                                information collection burden under the
                                                                                                                                                               of Federal Regulations is amended as
                                                PRA because this action does not                        H. Executive Order 13211: Actions That
                                                                                                                                                               follows:
                                                impose additional requirements beyond                   Significantly Affect Energy Supply,
                                                those imposed by state law.                             Distribution, or Use                                   PART 52—APPROVAL AND
                                                C. Regulatory Flexibility Act (RFA)                       This action is not subject to Executive              PROMULGATION OF
                                                                                                        Order 13211, because it is not a                       IMPLEMENTATION PLANS
                                                   I certify that this action will not have             significant regulatory action under
                                                a significant economic impact on a                      Executive Order 12866.                                 ■ 1. The authority citation for part 52
                                                substantial number of small entities                                                                           continues to read as follows:
                                                under the RFA. This action will not                     I. National Technology Transfer and
                                                                                                                                                                   Authority: 42 U.S.C. 7401 et seq.
                                                impose any requirements on small                        Advancement Act (NTTAA)
                                                entities beyond those imposed by state                    Section 12(d) of the NTTAA directs                   Subpart DD—Nevada
                                                law.                                                    the EPA to use voluntary consensus
                                                                                                        standards in its regulatory activities                 § 52.1470    [Amended]
                                                D. Unfunded Mandates Reform Act
                                                (UMRA)                                                  unless to do so would be inconsistent                  ■  2. In § 52.1470 in paragraph (c), Table
                                                                                                        with applicable law or otherwise                       3 is amended by removing the entries
                                                  This action does not contain any                      impractical. The EPA believes that this                for ‘‘Section 29,’’ ‘‘Section 30:
                                                unfunded mandate as described in                        action is not subject to the requirements              Subsections 30.1–30.7 (excluding
                                                UMRA, 2 U.S.C. 1531–1538, and does                      of section 12(d) of the NTTAA because                  subsection 30.4),’’ ‘‘Section 30
                                                not significantly or uniquely affect small              application of those requirements would                (Incinerators): Subsection 30.4,’’ and
                                                governments. This action does not                       be inconsistent with the CAA.                          ‘‘Section 30 (Incinerators): Subsection
                                                impose additional requirements beyond                                                                          30.8.’’
                                                those imposed by state law.                             J. Executive Order 12898: Federal
                                                                                                        Actions To Address Environmental                       [FR Doc. 2016–00340 Filed 1–13–16; 8:45 am]
                                                Accordingly, no additional costs to
                                                state, local, or tribal governments, or to              Justice in Minority Populations and                    BILLING CODE 6560–50–P

                                                the private sector, will result from this               Low-Income Population
                                                action.                                                   The EPA lacks the discretionary                      ENVIRONMENTAL PROTECTION
                                                E. Executive Order 13132: Federalism                    authority to address environmental                     AGENCY
                                                                                                        justice in this rulemaking.
                                                  This action does not have federalism                                                                         40 CFR Part 52
                                                implications. It will not have substantial              K. Congressional Review Act (CRA)
                                                direct effects on the states, on the                      This action is subject to the CRA, and               [EPA–R06–OAR–2015–0647; FRL–9941–21–
                                                relationship between the national                       the EPA will submit a rule report to                   Region 6]
                                                government and the states, or on the                    each House of the Congress and to the                  Approval and Promulgation of
                                                distribution of power and                               Comptroller General of the United                      Implementation Plans; Arkansas;
                                                responsibilities among the various                      States. This action is not a ‘‘major rule’’            Crittenden County Base Year Emission
                                                levels of government.                                   as defined by 5 U.S.C. 804(2).                         Inventory
                                                F. Executive Order 13175: Coordination                  L. Petitions for Judicial Review
                                                With Indian Tribal Governments                                                                                 AGENCY: Environmental Protection
                                                                                                          Under section 307(b)(1) of the Clean                 Agency (EPA).
                                                  This action does not have tribal                      Air Act, petitions for judicial review of              ACTION: Direct final rule.
                                                implications, as specified in Executive                 this action must be filed in the United
                                                Order 13175, because the SIP is not                     States Court of Appeals for the                        SUMMARY:  The Environmental Protection
mstockstill on DSK4VPTVN1PROD with RULES




                                                approved to apply on any Indian                         appropriate circuit by March 14, 2016.                 Agency (EPA) is approving a revision to
                                                reservation land or in any other area                   Filing a petition for reconsideration by               the Arkansas State Implementation Plan
                                                where the EPA or an Indian tribe has                    the Administrator of this final rule does              (SIP) submitted to meet the Clean Air
                                                demonstrated that a tribe has                           not affect the finality of this rule for the           Act (CAA) emissions inventory (EI)
                                                jurisdiction, and will not impose                       purposes of judicial review nor does it                requirement for the Crittenden County
                                                substantial direct costs on tribal                      extend the time within which a petition                ozone nonattainment area. EPA is
                                                governments or preempt tribal law.                      for judicial review may be filed, and                  approving the SIP revision because it


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                                                                  Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations                                           1885

                                                satisfies the CAA EI requirement for                    appointment with Mr. Schwartz or Mr.                   requirements of the CAA. Sections 172
                                                Crittenden County under the 2008 8-                     Bill Deese at 214–665–7253.                            (c)(3) and 182(b)(1) of the CAA require
                                                hour ozone National Ambient Air                         SUPPLEMENTARY INFORMATION:                             that nonattainment plan provisions
                                                Quality Standards (NAAQS). The                          Throughout this document ‘‘we,’’ ‘‘us,’’               include an inventory of actual emissions
                                                inventory includes emissions data for                   and ‘‘our’’ means the EPA.                             from all sources of relevant pollutants in
                                                Nitrogen Oxides (NOX) and Volatile                                                                             the nonattainment area. The inventory
                                                Organic Compounds (VOCs). EPA is                        I. Background                                          includes all area, point, non-road
                                                approving the revisions pursuant to                     A. The 2008 Ozone NAAQS and                            mobile, and on-road mobile source
                                                section 110 and part D of the CAA and                   Emissions Inventory Requirement                        emissions in the Crittenden County
                                                EPA’s regulations.                                                                                             ozone nonattainment area. The
                                                                                                           On March 12, 2008, the EPA revised                  inventory also includes a description of
                                                DATES:  This rule is effective on March                 the eight-hour ozone NAAQS from 0.08                   the methods used to estimate emissions.
                                                14, 2016 without further notice, unless                 parts per million (ppm) to 0.075 ppm.                  A copy of the submittal is available in
                                                the EPA receives relevant adverse                       (73 FR 16436, March 27, 2008). The EPA                 the electronic docket for this action.
                                                comment by March 14, 2016. If the EPA                   designated Crittenden County as a
                                                receives such comment, the EPA will                     nonattainment area for the 2008 ozone                  C. What criteria must be met for the EPA
                                                publish a timely withdrawal in the                      NAAQS (77 FR 30088, May 21, 2012).1                    to approve this SIP revision?
                                                Federal Register informing the public                      CAA sections 172(c)(3) and 182(a)(1)                   Section 182(a)(1) of the CAA requires
                                                that this rule will not take effect.                    require states to develop and submit as                states with nonattainment areas to
                                                ADDRESSES:   Submit your comments,                      a SIP revision an emissions inventory                  submit a comprehensive and accurate
                                                identified by Docket No. EPA–R06–                       for all areas designated as                            inventory of ozone precursor emissions
                                                OAR–2015–0647, at http://                               nonattainment for the ozone NAAQS. 42                  from all sources within two years of the
                                                www.regulations.gov or via email to                     U.S.C. 172(c) and 182(a). An emissions                 effective date of designation, which was
                                                Schwartz.Colin@epa.gov. Follow the                      inventory is an estimation of actual                   July 20, 2012. Also, Section 172(c)(3)
                                                online instructions for submitting                      emissions of air pollutants in an area.                requires that such an inventory shall
                                                comments. Once submitted, comments                      Ground-level ozone, O3, is a gas that is               include a comprehensive accurate,
                                                cannot be edited or removed from                        formed by the reaction of VOCs and                     current inventory of actual emissions
                                                Regulations.gov. The EPA may publish                    NOX in the atmosphere in the presence                  from all sources of the relevant
                                                any comment received to its public                      of sunlight. These precursor emissions                 pollutant or pollutants in such area,
                                                docket. Do not submit electronically any                are emitted by many types of pollution                 including such periodic revisions as the
                                                information you consider to be                          sources, including power plants and                    Administrator may determine necessary
                                                Confidential Business Information (CBI)                 industrial emissions sources, on-road                  to assure that the requirements of this
                                                or other information whose disclosure is                and non-road motor vehicles and                        part are met.
                                                restricted by statute. Multimedia                       engines, and smaller sources,
                                                                                                        collectively referred to as area sources.              II. The EPA’s Evaluation
                                                submissions (audio, video, etc.) must be
                                                accompanied by a written comment.                       The EIs provide data for a variety of air                 EPA reviewed the revision for
                                                The written comment is considered the                   quality planning tasks including                       consistency with the requirements of
                                                official comment and should include                     establishing baseline emission levels,                 EPA regulations. A summary of EPA’s
                                                discussion of all points you wish to                    calculating federally required emission                analysis is provided below. For a full
                                                make. The EPA will generally not                        reduction targets, emission inputs into                discussion of our evaluation, please see
                                                consider comments or comment                            air quality simulation models, and                     our Technical Support Document (TSD).
                                                                                                        tracking emissions over time. The total                   Sections 172(c)(3) and 182(a)(1) of the
                                                contents located outside of the primary
                                                                                                        EI of VOC and NOX for an area are                      CAA require an inventory of actual
                                                submission (i.e. on the web, cloud, or
                                                                                                        summarized from the estimates                          emissions from all sources of relevant
                                                other file sharing system). For
                                                                                                        developed for four general categories of               pollutants in the nonattainment area.
                                                additional submission methods, please
                                                                                                        emissions sources: Point, area, mobile,                The 2011 base year emission inventory
                                                contact Mr. Colin Schwartz, 214–665–
                                                                                                        and biogenic. The EPA’s 2008 ozone                     data include all point, area, and non-
                                                7262, Schwartz.Colin@epa.gov. For the
                                                                                                        standard SIP requirements rule                         road and on-road mobile sources in
                                                full EPA public comment policy,
                                                                                                        recommends that states use 2011 as a                   Crittenden County. Point source
                                                information about CBI or multimedia
                                                                                                        base year to address EI requirements (80               emissions were entered through the
                                                submissions, and general guidance on
                                                                                                        FR 12264, 34190, March 6, 2015).                       State and Local Emissions Inventory
                                                making effective comments, please visit
                                                                                                                                                               System (SLEIS) and area sources were
                                                http://www2.epa.gov/dockets/                            B. Arkansas’ Submittal                                 developed in accordance with the
                                                commenting-epa-dockets.
                                                                                                          On August 28, 2015, Arkansas                         federal Air Emissions Reporting
                                                   Docket: The index to the docket for                  submitted to the EPA the SIP revision                  Requirements (AERR) rule. Non-road
                                                this action is available electronically at              addressing the emissions inventory                     mobile sources utilized the National
                                                www.regulations.gov and in hard copy                    requirement for Crittenden County                      Mobile Inventory Model (NMIM) while
                                                at EPA Region 6, 1445 Ross Avenue,                      under the 2008 ozone NAAQS. The                        the on-road sources used the Motor
                                                Suite 700, Dallas, Texas. While all                     inventory includes estimates of 2011                   Vehicle Emissions Simulator
                                                documents in the docket are listed in                   NOX and VOC emissions in tons per                      (MOVES2010b). The EPA has
                                                the index, some information may be                      year. The 2011 Base Year Inventory is                  determined that the inventory was
                                                publicly available only at the hard copy                the starting point for calculating the                 developed in accordance with CAA
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                                                location (e.g., copyrighted material), and              reductions necessary to meet the                       guidelines and that the revised 2011
                                                some may not be publicly available at                                                                          base year emission inventory is
                                                either location (e.g., CBI).                              1 On October 1, 2015, the EPA strengthened the       approvable. The submittal meets the
                                                FOR FURTHER INFORMATION CONTACT:               Mr.      ozone standard to 0.070 ppm (80 FR 65292, October      goal of reaching attainment by reducing
                                                                                                        26, 2015). The EPA has not made designations
                                                Colin Schwartz, 214–665–7262,                           under this new standard and the emission
                                                                                                                                                               O3 forming precursors. Table 1 lists the
                                                Schwartz.Colin@epa.gov. To inspect the                  inventory under evaluation in this rulemaking does     emissions inventory for the Crittenden
                                                hard copy materials, please schedule an                 not address that standard.                             County area. For more detail on how the


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                                                1886                     Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations

                                                emissions inventories were estimated
                                                and evaluated, see the TSD.

                                                                                                         TABLE 1—BASE YEAR EMISSIONS INVENTORY, 2011 DATA
                                                                                                                  Ozone season                             Ozone season                          Ozone season
                                                                        Category                                                       Annual NOX                             Annual VOC                        Annual CO
                                                                                                                    daily NOX                               daily VOC                              daily CO

                                                                           Units                                     Tons/day             Tons/year          Tons/day          Tons/year           Tons/day     Tons/year

                                                Point .........................................................              0.0017              .063                 .051           186.84             0.004          1.58
                                                Area ..........................................................                8.70          3,165.17                24.90         8,868.94             20.32      7,375.56
                                                Non-road Mobile ......................................                          2.11           582.63                 3.66           881.35             13.78      3,476.63
                                                On-road Mobile ........................................                         6.80            2,542                 2.42              845             23.13         9,051

                                                      Total ..................................................                17.61          6,290.43                31.49        10,782.13            57.234     19,904.77



                                                III. Final Action                                                      those imposed by state law. For that                     tribal implications and will not impose
                                                   We are approving revisions to the                                   reason, this action:                                     substantial direct costs on tribal
                                                Arkansas SIP that pertain to the 2008                                     • Is not a ‘‘significant regulatory                   governments or preempt tribal law as
                                                ozone SIP emissions inventory for                                      action’’ subject to review by the Office                 specified by Executive Order 13175 (65
                                                Crittenden County, as are listed in Table                              of Management and Budget under                           FR 67249, November 9, 2000).
                                                1.                                                                     Executive Orders 12866 (58 FR 51735,                        The Congressional Review Act, 5
                                                   The EPA is publishing this rule                                     October 4, 1993) and 13563 (76 FR 3821,                  U.S.C. 801 et seq., as added by the Small
                                                without prior proposal because we view                                 January 21, 2011);                                       Business Regulatory Enforcement
                                                this as a non-controversial amendment                                     • Does not impose an information                      Fairness Act of 1996, generally provides
                                                and anticipate no adverse comments.                                    collection burden under the provisions                   that before a rule may take effect, the
                                                However, in the proposed rules section                                 of the Paperwork Reduction Act (44                       agency promulgating the rule must
                                                of this Federal Register publication, we                               U.S.C. 3501 et seq.);                                    submit a rule report, which includes a
                                                are publishing a separate document that                                   • Is certified as not having a                        copy of the rule, to each House of the
                                                will serve as the proposal to approve the                              significant economic impact on a                         Congress and to the Comptroller General
                                                SIP revision if relevant adverse                                       substantial number of small entities                     of the United States. The EPA will
                                                comments are received. This rule will                                  under the Regulatory Flexibility Act (5                  submit a report containing this rule and
                                                be effective on March 14, 2016 without                                 U.S.C. 601 et seq.);                                     other required information to the U.S.
                                                further notice unless we receive relevant                                 • Does not contain any unfunded                       Senate, the U.S. House of
                                                adverse comment by February 16, 2016.                                  mandate or significantly or uniquely                     Representatives, and the Comptroller
                                                If we receive relevant adverse                                         affect small governments, described in                   General of the United States prior to
                                                comments, we will publish a timely                                     the Unfunded Mandates Reform Act of                      publication of the rule in the Federal
                                                withdrawal in the Federal Register                                     1995 (Pub. L. 104–4);                                    Register. A major rule cannot take effect
                                                informing the public that the rule will                                   • Does not have Federalism                            until 60 days after it is published in the
                                                not take effect. We will address all                                   implications as specified in Executive                   Federal Register. This action is not a
                                                public comments in a subsequent final                                  Order 13132 (64 FR 43255, August 10,                     ‘‘major rule’’ as defined by 5 U.S.C.
                                                rule based on the proposed rule. We                                    1999);                                                   804(2).
                                                will not institute a second comment                                       • Is not an economically significant                     Under section 307(b)(1) of the CAA,
                                                period on this action. Any parties                                     regulatory action based on health or                     petitions for judicial review of this
                                                interested in commenting must do so                                    safety risks subject to Executive Order                  action must be filed in the United States
                                                now. Please note that if we receive                                    13045 (62 FR 19885, April 23, 1997);                     Court of Appeals for the appropriate
                                                relevant adverse comment on an                                            • Is not a significant regulatory action              circuit by March 14, 2016. Filing a
                                                amendment, paragraph, or section of                                    subject to Executive Order 13211 (66 FR                  petition for reconsideration by the
                                                this rule and if that provision may be                                 28355, May 22, 2001);                                    Administrator of this final rule does not
                                                severed from the remainder of the rule,                                   • Is not subject to requirements of                   affect the finality of this rule for the
                                                we may adopt as final those provisions                                 section 12(d) of the National                            purposes of judicial review nor does it
                                                of the rule that are not the subject of an                             Technology Transfer and Advancement                      extend the time within which a petition
                                                adverse comment.                                                       Act of 1995 (15 U.S.C. 272 note) because                 for judicial review may be filed, and
                                                                                                                       application of those requirements would                  shall not postpone the effectiveness of
                                                IV. Statutory and Executive Order                                      be inconsistent with the CAA; and                        such rule or action. This action may not
                                                Reviews                                                                   • Does not provide EPA with the                       be challenged later in proceedings to
                                                  Under the CAA, the Administrator is                                  discretionary authority to address, as                   enforce its requirements. (See section
                                                required to approve a SIP submission                                   appropriate, disproportionate human                      307(b)(2).)
                                                that complies with the provisions of the                               health or environmental effects, using                      Samuel Coleman was designated the
                                                Act and applicable Federal regulations.                                practicable and legally permissible                      Acting Regional Administrator on
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                                    methods, under Executive Order 12898                     December 30, 2015 through the order of
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                                                Thus, in reviewing SIP submissions, the                                (59 FR 7629, February 16, 1994).                         succession outlined in Regional Order
                                                EPA’s role is to approve state choices,                                In addition, the SIP is not approved to                  R6–1110.1, a copy of which is included
                                                provided that they meet the criteria of                                apply on any Indian reservation land or                  in the docket for this action.
                                                the CAA. Accordingly, this action                                      in any other area where EPA or an
                                                merely approves state law as meeting                                   Indian tribe has demonstrated that a                     List of Subjects in 40 CFR Part 52
                                                Federal requirements and does not                                      tribe has jurisdiction. In those areas of                  Environmental protection, Air
                                                impose additional requirements beyond                                  Indian country, the rule does not have                   pollution control, Incorporation by


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                                                                   Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations                                                 1887

                                                reference, Ozone, Reporting and                          PART 52—APPROVAL AND                                    Provisions and Quasi-Regulatory
                                                recordkeeping requirements, Volatile                     PROMULGATION OF                                         Measures’’ is amended by adding an
                                                Organic Compounds.                                       IMPLEMENTATION PLANS                                    entry for ‘‘Crittenden County Base Year
                                                  Dated: December 30, 2015.                                                                                      Emission Inventory for the 2008 Ozone
                                                                                                         ■ 1. The authority citation for part 52                 Standard’’ to the end of the table.
                                                Samuel Coleman,                                          continues to read as follows:
                                                Acting Regional Administrator, Region 6.                                                                           The addition reads as follows:
                                                                                                             Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                 § 52.170   Identification of plan.
                                                   40 CFR part 52 is amended as follows:                 Subpart E—Arkansas
                                                                                                                                                                 *       *    *      *     *
                                                                                                         ■  2. In § 52.170(e), the third table titled                (e) * * *
                                                                                                         ‘‘EPA-Approved Nonregulatory

                                                         EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
                                                                                                                                                State
                                                                                                               Applicable geographic or       submittal/
                                                                 Name of SIP provision                                                                           EPA approval date              Explanation
                                                                                                                 nonattainment area            effective
                                                                                                                                                 date


                                                          *                 *                 *                  *                                         *                   *                      *
                                                Crittenden County Base Year Emission Inventory Crittenden County ..........                       8/28/2015 1/13/2016 [Insert Fed-
                                                  for the 2008 Ozone Standard.                                                                                eral Register citation].



                                                [FR Doc. 2016–00559 Filed 1–13–16; 8:45 am]              submission and to formalize that the                    information about CBI or multimedia
                                                BILLING CODE 6560–50–P                                   MVEB is approved, and when                              submissions, and general guidance on
                                                                                                         considered with the emissions from all                  making effective comments, please visit
                                                                                                         sources, demonstrates progress toward                   http://www2.epa.gov/dockets/
                                                ENVIRONMENTAL PROTECTION                                 attainment from the 2008 base year                      commenting-epa-dockets.
                                                AGENCY                                                   through a 2015 target year. EPA found                   FOR FURTHER INFORMATION CONTACT:
                                                                                                         these MVEBs adequate for                                Steven Brown, Environmental
                                                40 CFR Part 52                                           transportation conformity purposes in                   Protection Agency, Air Planning and
                                                [EPA–R07–OAR–2015–0587; FRL 9941–01–                     an earlier action on March 5, 2014.                     Development Branch, 11201 Renner
                                                Region 7]                                                                                                        Boulevard, Lenexa, Kansas 66219 at
                                                                                                         DATES:  This direct final rule will be
                                                                                                         effective March 14, 2016, without                       913–551–7718 or by email at
                                                Approval of Missouri’s Air Quality                                                                               brown.steven@epa.gov.
                                                Implementation Plans; Early Progress                     further notice, unless EPA receives
                                                                                                         adverse comment by February 16, 2016.                   SUPPLEMENTARY INFORMATION:
                                                Plan of the St. Louis Nonattainment
                                                                                                         If EPA receives adverse comment, we                     Throughout this document ‘‘we,’’ ‘‘us,’’
                                                Area for the 2008 Ozone National
                                                Ambient Air Quality Standard                             will publish a timely withdrawal of the                 or ‘‘our’’ refer to EPA. This section
                                                                                                         direct final rule in the Federal Register               provides additional information by
                                                AGENCY: Environmental Protection                         informing the public that the rule will                 addressing the following:
                                                Agency (EPA).                                            not take effect.                                        I. What is the background for this action?
                                                ACTION: Direct final rule.                                                                                       II. What are the criteria for early progress
                                                                                                         ADDRESSES:   Submit your comments,
                                                                                                                                                                      plans?
                                                SUMMARY:   The Environmental Protection                  identified by Docket ID No. EPA–R07–
                                                                                                                                                                 III. What is EPA’s analysis of the request?
                                                Agency (EPA) is taking direct final                      OAR–2015–0587, to http://                               IV. What are the MVEB’s for the St. Louis
                                                action to approve revisions to the State                 www.regulations.gov. Follow the online                       8-hour ozone area?
                                                Implementation Plan (SIP) submitted by                   instructions for submitting comments.                   V. What action is EPA taking?
                                                the State of Missouri consisting of the                  Once submitted, comments cannot be
                                                                                                         edited or removed from Regulations.gov.                 I. What is the background for this
                                                Early Progress Plan and motor vehicle
                                                emissions budgets (MVEBs) for volatile                   EPA may publish any comment received                    action?
                                                organic compounds (VOCs) and oxides                      to its public docket. Do not submit                        EPA’s final rule designating
                                                of nitrogen (NOX) for the St. Louis                      electronically any information you                      nonattainment areas and associated
                                                Nonattainment area under the 2008                        consider to be Confidential Business                    classifications for the 2008 ozone
                                                8-hour National Ambient Air Quality                      Information (CBI) or other information                  National Ambient Air Quality Standards
                                                Standard (NAAQS). On August 26,                          whose disclosure is restricted by statute.              (NAAQS) was published in the Federal
                                                2013, EPA received from the Missouri                     Multimedia submissions (audio, video,                   Register on May 21, 2012 (77 FR 30088).
                                                Department of Natural Resources                          etc.) must be accompanied by a written                  The St. Louis area was designated as
                                                (MDNR) an Early Progress Plan for the                    comment. The written comment is                         marginal nonattainment. The St. Louis
                                                St. Louis area showing progress toward                   considered the official comment and                     ozone area had previously been
                                                attainment under the 2008 Ozone                          should include discussion of all points                 designated nonattainment for the 1-hour
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                                                NAAQS. This submittal was developed                      you wish to make. EPA will generally                    ozone standard and had 1-hour motor
                                                to establish MVEBs for the St. Louis                     not consider comments or comment                        vehicle emissions budgets (MVEBs) for
                                                8-hour ozone nonattainment area. This                    contents located outside of the primary                 NOX and VOC established in the St.
                                                approval of the Early Progress Plan for                  submission (i.e. on the web, cloud, or                  Louis 1-hour maintenance plan SIP (66
                                                the St. Louis 8-hour ozone                               other file sharing system). For                         FR 33996). The 1-hour MVEBs were the
                                                nonattainment area fulfills EPA’s                        additional submission methods, the full                 only approved MVEBs for St. Louis and
                                                requirement to act on the MDNR SIP                       EPA public comment policy,                              were based on EPA’s MOBILE6.2


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Document Created: 2016-01-14 02:50:42
Document Modified: 2016-01-14 02:50:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on March 14, 2016 without further notice, unless the EPA receives relevant adverse comment by March 14, 2016. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMr. Colin Schwartz, 214-665-7262, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Schwartz or Mr. Bill Deese at 214-665- 7253.
FR Citation81 FR 1884 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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