81 FR 20543 - Air Plan Approval and Designation of Areas; MS; Redesignation of the DeSoto County, 2008 8-Hour Ozone Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 68 (April 8, 2016)
Federal Register Volume 81, Issue 68 (April 8, 2016)
| Page Range | 20543-20545 | |
| FR Document | 2016-08155 |
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)] [Rules and Regulations] [Pages 20543-20545] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08155] [[Page 20543]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2015-0743; FRL-9944-74-Region 4] Air Plan Approval and Designation of Areas; MS; Redesignation of the DeSoto County, 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On December 11, 2015, the State of Mississippi, through the Mississippi Department of Environment Quality (MDEQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Mississippi that is within the Memphis, Tennessee- Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area'') and a related State Implementation Plan (SIP) revision containing a maintenance plan for the Area. EPA is taking the following separate final actions related to the December 11, 2015, redesignation request and SIP revision: Determining that the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone national ambient air quality standards (NAAQS); approving the State's plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for the year 2027 for the Mississippi portion of the Area, into the SIP; and redesignating the Mississippi portion of the Area to attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the 2027 MVEBs for the Mississippi portion of the Area adequate for the purposes of transportation conformity. DATES: This rule will be effective May 9, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0743. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman may be reached by phone at (404) 562-9043 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background for Final Actions On May 21, 2012, EPA designated areas as unclassifiable/attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008. See 77 FR 30088. The Memphis, TN-MS-AR Area was designated nonattainment for the 2008 8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality data. See 77 FR 30088. The Memphis, TN-MS-AR Area consists of a portion of DeSoto County in Mississippi, all of Shelby County in Tennessee, and all of Crittenden County in Arkansas. At the time of designation, the Memphis, TN-MS-AR Area was classified as a marginal nonattainment area for the 2008 8-hour ozone NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS (SIP Implementation Rule),\1\ EPA established ozone nonattainment area attainment dates based on Table 1 of section 181(a) of the Clean Air Act (CAA or Act). This established an attainment date three years after the July 20, 2012, effective date for areas classified as marginal areas for the 2008 8-hour ozone nonattainment designations. Therefore, the Memphis, TN-MS-AR Area's attainment date is July 20, 2015. --------------------------------------------------------------------------- \1\ This rule, entitled Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements and published at 80 FR 12264 (March 6, 2015), addresses a range of nonattainment area SIP requirements for the 2008 ozone NAAQS, including requirements pertaining to attainment demonstrations, reasonable further progress (RFP), reasonably available control technology (RACT), reasonably available control measures (RACM), major new source review (NSR), emission inventories, and the timing of SIP submissions and of compliance with emission control measures in the SIP. This rule also addresses the revocation of the 1997 ozone NAAQS and the anti-backsliding requirements that apply when the 1997 ozone NAAQS are revoked. --------------------------------------------------------------------------- On December 11, 2015, MDEQ requested that EPA redesignate Mississippi's portion of the Memphis, TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS and submitted a SIP revision containing the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the MVEBs for NOX and VOC for the year 2027 for the Mississippi portion of the Area.\2\ In a notice of proposed rulemaking (NPRM) published on February 11, 2016, EPA proposed to determine that the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS; to approve and incorporate into the Mississippi SIP the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2027 MVEBs for NOX and VOC for Mississippi's portion of Memphis, TN-MS-AR Area; and to redesignate the Mississippi portion of the Area to attainment for the 2008 8-hour ozone NAAQS. See 81 FR 7269. In that notice, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and VOC MVEBs for Mississippi's portion of Memphis, TN-MS-AR Area. No comments were received on the February 11, 2016, proposed rulemaking. The details of Mississippi's submittal and the rationale for EPA's actions are further explained in the NPRM. See 81 FR 7269 (February 11, 2016). --------------------------------------------------------------------------- \2\ The Mississippi Commission on Environmental Quality adopted the SIP revision containing the maintenance plan on December 2, 2015. --------------------------------------------------------------------------- II. What are the effects of these actions? Approval of Mississippi's redesignation request changes the legal designation of DeSoto County in the Mississippi portion of the Memphis, TN-MS-AR Area, found at 40 CFR 81.325, from nonattainment to attainment for the 2008 8-hour ozone NAAQS. Approval of Mississippi's associated SIP revision also incorporates a plan into the SIP for maintaining the 2008 8-hour ozone NAAQS in the Mississippi portion of the Memphis, TN- MS-AR Area through 2027. The maintenance plan establishes NOX and VOC MVEBs for 2027 for the DeSoto County portion of the Memphis, TN-MS-AR Area and includes contingency measures to remedy any future [[Page 20544]] violations of the 2008 8-hour ozone NAAQS and procedures for evaluating potential violations. The MVEBs for the Mississippi portion of the Memphis, TN-MS-AR Area, along with the allocations from the safety margin, are provided in the table below.\3\ --------------------------------------------------------------------------- \3\ As discussed in the NPRM, the safety margin is the difference between the attainment level of emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. Mississippi chose to allocate a portion of the available safety margin to the NOX and VOC MVEBs for 2027. MDEQ has allocated 5.26 tpd of the NOX safety margin to the 2027 NOX MVEB and 2.46 tpd of the VOC safety margin to the 2027 VOC MVEB. MVEBs for the Mississippi Portion of the Memphis, TN-MS-AR Area [tpd] ------------------------------------------------------------------------ 2027 ------------------------------- NOX VOC ------------------------------------------------------------------------ On-Road Emissions....................... 2.74 2.54 Safety Margin Allocated to MVEB......... 5.26 2.46 ------------------------------- Conformity MVEB..................... 8.00 5.00 ------------------------------------------------------------------------ III. Final Actions EPA is taking three separate final actions regarding Mississippi's December 11, 2015, request to redesignate the Mississippi portion of the Memphis, TN-MS-AR Area to attainment and associated SIP revision. First, EPA is determining that the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS. Second, EPA is approving and incorporating the maintenance plan for the Memphis, TN-MS-AR Area, including the NOX and VOC MVEBs for 2027, into the Mississippi SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS through 2027. Third, EPA is determining that Mississippi has met the criteria under CAA section 107(d)(3)(E) for redesignation of the State's portion of the Memphis, TN-MS-AR Area from nonattainment to attainment for the 2008 8-hour ozone NAAQS. On this basis, EPA is approving Mississippi's redesignation request. As mentioned above, approval of the redesignation request changes the official designation of DeSoto County in the Mississippi portion of the Memphis, TN-MS-AR Area for the 2008 8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that EPA finds the newly- established NOX and VOC MVEBs for the Mississippi portion of the Memphis, TN-MS-AR Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3). IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, these actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these actions:Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); are not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in [[Page 20545]] 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 June 7, 2016. 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. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: March 29, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR parts 52 and 81 are 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 an entry for ``2008 8-hour ozone Maintenance Plan for the DeSoto County portion of Memphis, TN-AR- MS 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable State submittal Name of non-regulatory SIP geographic or date/effective EPA Approval date Explanation provision nonattainment area date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 8-hour ozone Maintenance Plan DeSoto County portion 12/2/2015 4/8/2016 [Insert citation of for the DeSoto County portion of of Memphis, TN-AR-MS publication]. Memphis, TN-AR-MS Nonattainment Nonattainment Area. Area. -------------------------------------------------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. In Sec. 81.325, the table entitled ``Mississippi-2008 8-Hour Ozone NAAQS (Primary and secondary)'' is amended under ``Memphis, TN-MS-AR:'' By revising the entry for ``DeSoto County (part) Portion along MPO Lines'' to read as follows: Sec. 81.325 Mississippi. * * * * * Mississippi-2008 8-Hour Ozone NAAQS [Primary and secondary] -------------------------------------------------------------------------------------------------------------------------------------------------------- Designation Classification Designated area --------------------------------------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type -------------------------------------------------------------------------------------------------------------------------------------------------------- Memphis, TN-MS-AR: \2\ ........... ......................................... ........... ......................................... DeSoto County (part) Portion along MPO 4/8/2016 Attainment............................... Lines. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. * * * * * [FR Doc. 2016-08155 Filed 4-7-16; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION available either electronically through established an attainment date three
AGENCY www.regulations.gov or in hard copy at years after the July 20, 2012, effective
the Air Regulatory Management Section, date for areas classified as marginal
40 CFR Parts 52 and 81 Air Planning and Implementation areas for the 2008 8-hour ozone
[EPA–R04–OAR–2015–0743; FRL–9944–74- Branch, Air, Pesticides and Toxics nonattainment designations. Therefore,
Region 4] Management Division, U.S. the Memphis, TN–MS–AR Area’s
Environmental Protection Agency, attainment date is July 20, 2015.
Air Plan Approval and Designation of Region 4, 61 Forsyth Street SW., On December 11, 2015, MDEQ
Areas; MS; Redesignation of the Atlanta, Georgia 30303–8960. EPA requested that EPA redesignate
DeSoto County, 2008 8-Hour Ozone requests that if at all possible, you Mississippi’s portion of the Memphis,
Nonattainment Area to Attainment contact the person listed in the FOR TN–MS–AR Area to attainment for the
FURTHER INFORMATION CONTACT section to 2008 8-hour ozone NAAQS and
AGENCY: Environmental Protection schedule your inspection. The Regional submitted a SIP revision containing the
Agency (EPA). Office’s official hours of business are State’s plan for maintaining attainment
ACTION: Final rule. Monday through Friday 8:30 a.m. to of the 2008 8-hour ozone standard in the
SUMMARY: On December 11, 2015, the 4:30 p.m., excluding federal holidays. Area, including the MVEBs for NOX and
State of Mississippi, through the FOR FURTHER INFORMATION CONTACT: VOC for the year 2027 for the
Mississippi Department of Environment Sean Lakeman of the Air Regulatory Mississippi portion of the Area.2 In a
Quality (MDEQ), submitted a request for Management Section, Air Planning and notice of proposed rulemaking (NPRM)
the Environmental Protection Agency Implementation Branch, Air, Pesticides published on February 11, 2016, EPA
(EPA) to redesignate the portion of and Toxics Management Division, U.S. proposed to determine that the
Mississippi that is within the Memphis, Environmental Protection Agency, Memphis, TN–MS–AR Area is attaining
Tennessee-Mississippi-Arkansas Region 4, 61 Forsyth Street SW., the 2008 8-hour ozone NAAQS; to
(Memphis, TN–MS–AR) 2008 8-hour Atlanta, Georgia 30303–8960. Mr. approve and incorporate into the
ozone nonattainment area (hereafter Lakeman may be reached by phone at Mississippi SIP the State’s plan for
referred to as the ‘‘Memphis, TN–MS– (404) 562–9043 or via electronic mail at maintaining attainment of the 2008 8-
AR Area’’ or ‘‘Area’’) and a related State lakeman.sean@epa.gov. hour ozone standard in the Area,
Implementation Plan (SIP) revision SUPPLEMENTARY INFORMATION: including the 2027 MVEBs for NOX and
containing a maintenance plan for the VOC for Mississippi’s portion of
I. Background for Final Actions Memphis, TN–MS–AR Area; and to
Area. EPA is taking the following
separate final actions related to the On May 21, 2012, EPA designated redesignate the Mississippi portion of
December 11, 2015, redesignation areas as unclassifiable/attainment or the Area to attainment for the 2008 8-
request and SIP revision: Determining nonattainment for the 2008 8-hour hour ozone NAAQS. See 81 FR 7269. In
that the Memphis, TN–MS–AR Area is ozone NAAQS that was promulgated on that notice, EPA also notified the public
attaining the 2008 8-hour ozone national March 27, 2008. See 77 FR 30088. The of the status of the Agency’s adequacy
ambient air quality standards (NAAQS); Memphis, TN–MS–AR Area was determination for the NOX and VOC
approving the State’s plan for designated nonattainment for the 2008 MVEBs for Mississippi’s portion of
maintaining attainment of the 2008 8- 8-hour ozone NAAQS on May 21, 2012 Memphis, TN–MS–AR Area. No
hour ozone NAAQS in the Area, (effective July 20, 2012) using 2008– comments were received on the
including the motor vehicle emission 2010 ambient air quality data. See 77 FR February 11, 2016, proposed
budgets (MVEBs) for nitrogen oxides 30088. The Memphis, TN–MS–AR Area rulemaking. The details of Mississippi’s
(NOX) and volatile organic compounds consists of a portion of DeSoto County submittal and the rationale for EPA’s
(VOC) for the year 2027 for the in Mississippi, all of Shelby County in actions are further explained in the
Mississippi portion of the Area, into the Tennessee, and all of Crittenden County NPRM. See 81 FR 7269 (February 11,
SIP; and redesignating the Mississippi in Arkansas. At the time of designation, 2016).
portion of the Area to attainment for the the Memphis, TN–MS–AR Area was
classified as a marginal nonattainment II. What are the effects of these actions?
2008 8-hour ozone NAAQS.
Additionally, EPA finds the 2027 area for the 2008 8-hour ozone NAAQS. Approval of Mississippi’s
MVEBs for the Mississippi portion of In the final implementation rule for the redesignation request changes the legal
the Area adequate for the purposes of 2008 8-hour ozone NAAQS (SIP designation of DeSoto County in the
transportation conformity. Implementation Rule),1 EPA established Mississippi portion of the Memphis,
ozone nonattainment area attainment TN–MS–AR Area, found at 40 CFR
DATES: This rule will be effective May 9,
dates based on Table 1 of section 181(a) 81.325, from nonattainment to
2016.
of the Clean Air Act (CAA or Act). This attainment for the 2008 8-hour ozone
ADDRESSES: EPA has established a
NAAQS. Approval of Mississippi’s
docket for this action under Docket 1 This rule, entitled Implementation of the 2008
associated SIP revision also incorporates
Identification No. EPA–R04–OAR– National Ambient Air Quality Standards for Ozone:
a plan into the SIP for maintaining the
2015–0743. All documents in the docket State Implementation Plan Requirements and
2008 8-hour ozone NAAQS in the
are listed on the www.regulations.gov published at 80 FR 12264 (March 6, 2015),
addresses a range of nonattainment area SIP Mississippi portion of the Memphis,
Web site. Although listed in the index, requirements for the 2008 ozone NAAQS, including TN–MS–AR Area through 2027. The
some information is not publicly requirements pertaining to attainment
maintenance plan establishes NOX and
asabaliauskas on DSK3SPTVN1PROD with RULES
available, i.e., Confidential Business demonstrations, reasonable further progress (RFP),
reasonably available control technology (RACT), VOC MVEBs for 2027 for the DeSoto
Information or other information whose reasonably available control measures (RACM), County portion of the Memphis, TN–
disclosure is restricted by statute. major new source review (NSR), emission MS–AR Area and includes contingency
Certain other material, such as inventories, and the timing of SIP submissions and
of compliance with emission control measures in measures to remedy any future
copyrighted material, is not placed on
the SIP. This rule also addresses the revocation of
the Internet and will be publicly the 1997 ozone NAAQS and the anti-backsliding 2 The Mississippi Commission on Environmental
available only in hard copy form. requirements that apply when the 1997 ozone Quality adopted the SIP revision containing the
Publicly available docket materials are NAAQS are revoked. maintenance plan on December 2, 2015.
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violations of the 2008 8-hour ozone Mississippi portion of the Memphis, allocations from the safety margin, are
NAAQS and procedures for evaluating TN–MS–AR Area, along with the provided in the table below.3
potential violations. The MVEBs for the
MVEBS FOR THE MISSISSIPPI PORTION OF THE MEMPHIS, TN–MS–AR AREA
[tpd]
2027
NOX VOC
On-Road Emissions ................................................................................................................................................. 2.74 2.54
Safety Margin Allocated to MVEB ........................................................................................................................... 5.26 2.46
Conformity MVEB ............................................................................................................................................. 8.00 5.00
III. Final Actions IV. Statutory and Executive Order in the Unfunded Mandates Reform Act
Reviews of 1995 (Pub. L. 104–4);
EPA is taking three separate final • do not have Federalism
actions regarding Mississippi’s Under the CAA, redesignation of an
implications as specified in Executive
December 11, 2015, request to area to attainment and the
Order 13132 (64 FR 43255, August 10,
redesignate the Mississippi portion of accompanying approval of a
1999);
maintenance plan under section • are not economically significant
the Memphis, TN–MS–AR Area to
107(d)(3)(E) are actions that affect the regulatory actions based on health or
attainment and associated SIP revision.
status of a geographical area and do not safety risks subject to Executive Order
First, EPA is determining that the
impose any additional regulatory 13045 (62 FR 19885, April 23, 1997);
Memphis, TN–MS–AR Area is attaining requirements on sources beyond those
the 2008 8-hour ozone NAAQS. • are not significant regulatory
imposed by state law. A redesignation to actions subject to Executive Order
Second, EPA is approving and attainment does not in and of itself 13211 (66 FR 28355, May 22, 2001);
incorporating the maintenance plan for create any new requirements, but rather • are not subject to requirements of
the Memphis, TN–MS–AR Area, results in the applicability of section 12(d) of the National
including the NOX and VOC MVEBs for requirements contained in the CAA for Technology Transfer and Advancement
2027, into the Mississippi SIP. The areas that have been redesignated to Act of 1995 (15 U.S.C. 272 note) because
maintenance plan demonstrates that the attainment. Moreover, the Administrator application of those requirements would
Area will continue to maintain the 2008 is required to approve a SIP submission be inconsistent with the CAA; and
8-hour ozone NAAQS through 2027. that complies with the provisions of the • will not have disproportionate
Act and applicable Federal regulations. human health or environmental effects
Third, EPA is determining that
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). under Executive Order 12898 (59 FR
Mississippi has met the criteria under Thus, in reviewing SIP submissions,
CAA section 107(d)(3)(E) for 7629, February 16, 1994).
EPA’s role is to approve state choices, The SIP is not approved to apply on
redesignation of the State’s portion of provided that they meet the criteria of any Indian reservation land or in any
the Memphis, TN–MS–AR Area from the CAA. Accordingly, these actions other area where EPA or an Indian tribe
nonattainment to attainment for the merely approve state law as meeting has demonstrated that a tribe has
2008 8-hour ozone NAAQS. On this Federal requirements and do not impose jurisdiction. In those areas of Indian
basis, EPA is approving Mississippi’s additional requirements beyond those country, the rule does not have tribal
redesignation request. As mentioned imposed by state law. For this reason, implications as specified by Executive
above, approval of the redesignation these actions: Order 13175 (65 FR 67249, November 9,
request changes the official designation • Are not significant regulatory 2000), nor will it impose substantial
of DeSoto County in the Mississippi actions subject to review by the Office direct costs on tribal governments or
portion of the Memphis, TN–MS–AR of Management and Budget under preempt tribal law.
Area for the 2008 8-hour ozone NAAQS Executive Orders 12866 (58 FR 51735, The Congressional Review Act, 5
from nonattainment to attainment, as October 4, 1993) and 13563 (76 FR 3821, U.S.C. 801 et seq., as added by the Small
found at 40 CFR part 81. January 21, 2011); Business Regulatory Enforcement
EPA is also notifying the public that • do not impose an information Fairness Act of 1996, generally provides
collection burden under the provisions that before a rule may take effect, the
EPA finds the newly-established NOX
of the Paperwork Reduction Act (44 agency promulgating the rule must
and VOC MVEBs for the Mississippi
U.S.C. 3501 et seq.); submit a rule report, which includes a
portion of the Memphis, TN–MS–AR
• are certified as not having a copy of the rule, to each House of the
Area adequate for the purpose of significant economic impact on a Congress and to the Comptroller General
transportation conformity. Within 24 substantial number of small entities of the United States. EPA will submit a
months from this final rule, the under the Regulatory Flexibility Act (5 report containing this action and other
asabaliauskas on DSK3SPTVN1PROD with RULES
transportation partners will need to U.S.C. 601 et seq.); required information to the U.S. Senate,
demonstrate conformity to the new NOX • do not contain any unfunded the U.S. House of Representatives, and
and VOC MVEBs pursuant to 40 CFR mandate or significantly or uniquely the Comptroller General of the United
93.104(e)(3). affect small governments, as described States prior to publication of the rule in
3 As discussed in the NPRM, the safety margin is of emissions (from all sources) in the maintenance for 2027. MDEQ has allocated 5.26 tpd of the NOX
the difference between the attainment level of plan. Mississippi chose to allocate a portion of the safety margin to the 2027 NOX MVEB and 2.46 tpd
emissions (from all sources) and the projected level available safety margin to the NOX and VOC MVEBs of the VOC safety margin to the 2027 VOC MVEB.
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the Federal Register. A major rule enforce its requirements. See section PART 52—APPROVAL AND
cannot take effect until 60 days after it 307(b)(2). PROMULGATION OF
is published in the Federal Register. List of Subjects IMPLEMENTATION PLANS
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). 40 CFR Part 52 ■ 1. The authority citation for part 52
Under section 307(b)(1) of the CAA, Environmental protection, Air continues to read as follows:
petitions for judicial review of this pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq.
action must be filed in the United States reference, Intergovernmental relations,
Court of Appeals for the appropriate Nitrogen dioxide, Ozone, Reporting and Subpart Z—Mississippi
circuit by June 7, 2016. Filing a petition recordkeeping requirements, Volatile
for reconsideration by the Administrator organic compounds. ■ 2. Section 52.1270(e) is amended by
of this final rule does not affect the 40 CFR Part 81 adding an entry for ‘‘2008 8-hour ozone
finality of this action for the purposes of Maintenance Plan for the DeSoto
Environmental protection, Air
judicial review nor does it extend the County portion of Memphis, TN–AR–
pollution control.
time within which a petition for judicial MS Nonattainment Area’’ at the end of
Dated: March 29, 2016. the table to read as follows:
review may be filed, and shall not
Heather McTeer Toney,
postpone the effectiveness of such rule § 52.1270 Identification of plan.
Regional Administrator, Region 4.
or action. This action may not be * * * * *
challenged later in proceedings to 40 CFR parts 52 and 81 are amended
as follows: (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable State
Name of non-regulatory SIP provision geographic or submittal date/ EPA Approval date Explanation
nonattainment area effective date
* * * * * * *
2008 8-hour ozone Maintenance Plan for the DeSoto County por- 12/2/2015 4/8/2016 [Insert citation of
DeSoto County portion of Memphis, TN– tion of Memphis, publication].
AR–MS Nonattainment Area. TN–AR–MS Non-
attainment Area.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. AR:’’ By revising the entry for ‘‘DeSoto
FOR AIR QUALITY PLANNING County (part) Portion along MPO Lines’’
■ 4. In § 81.325, the table entitled to read as follows:
PURPOSES
‘‘Mississippi–2008 8-Hour Ozone
■ 3. The authority citation for part 81 NAAQS (Primary and secondary)’’ is § 81.325 Mississippi.
continues to read as follows: amended under ‘‘Memphis, TN–MS– * * * * *
MISSISSIPPI–2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
Memphis, TN–MS–AR: 2 .................... ........................................ ....................
DeSoto County (part) Portion along MPO Lines .................... 4/8/2016 Attainment.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * ENVIRONMENTAL PROTECTION SUMMARY: This regulation establishes
[FR Doc. 2016–08155 Filed 4–7–16; 8:45 am] AGENCY tolerances for residues of fluazinam in
BILLING CODE 6560–50–P or on cabbage, mayhaw, the cucurbit
40 CFR Part 180 vegetable crop group 9, and the tuberous
and corm vegetable subgroup 1C and
asabaliauskas on DSK3SPTVN1PROD with RULES
[EPA–HQ–OPP–2015–0197; FRL–9942–99] amends the existing tolerance for
‘‘vegetable, Brassica leafy, group 5’’ to
Fluazinam; Pesticide Tolerances read ‘‘vegetable, Brassica leafy, group 5,
except cabbage.’’ Interregional Research
AGENCY: Environmental Protection
Project Number 4 (IR–4) requested these
Agency (EPA).
tolerances under the Federal Food,
ACTION: Final rule. Drug, and Cosmetic Act (FFDCA).
VerDate Sep<11>2014 17:15 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\08APR1.SGM 08APR1](https://thefederalregister.org/doc/81_FR_20611/page/3.svg)
Document Created: 2018-02-07 13:49:50
Document Modified: 2018-02-07 13:49:50
| 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 | Final rule. | |
| Dates | This rule will be effective May 9, 2016. | |
| Contact | Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman may be reached by phone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 20543 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| 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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