81 FR 24030 - Approval and Promulgation of Implementation Plans; AR; Redesignation of the Crittenden County, 2008 8-Hour Ozone Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 79 (April 25, 2016)
Federal Register Volume 81, Issue 79 (April 25, 2016)
| Page Range | 24030-24033 | |
| FR Document | 2016-09451 |
[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)] [Rules and Regulations] [Pages 24030-24033] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09451] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R06-OAR-2015-0852; FRL-9945-40-Region 6] Approval and Promulgation of Implementation Plans; AR; Redesignation of the Crittenden County, 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On December 10, 2015, the State of Arkansas, through the Arkansas Department of Environment Quality (ADEQ), submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Arkansas that is within the Memphis, Tennessee-Mississippi- Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area'') and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. EPA has determined that the Memphis, TN- MS-AR Area is attaining the 2008 8-hour ozone national ambient air quality standards (NAAQS); is approving the State's plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, [[Page 24031]] including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for the years 2012 and 2027 for the Arkansas portion of the Area, into the SIP; and is redesignating the Arkansas portion of the Area to attainment for the 2008 8-hour ozone NAAQS. EPA is also notifying the public of the status of EPA's adequacy determination for the MVEBs for the Arkansas portion of the Memphis, TN-MS-AR Area. DATES: This rule is effective on May 25, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0852. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., 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 http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our February 10, 2016 proposal (81 FR 7046). In that document, we proposed to determine that the Memphis, TN-MS-AR Area is continuing to attain the 2008 8-hour ozone NAAQS; to approve and incorporate into the Arkansas SIP the State's plan for maintaining attainment of the 2008 8- hour ozone standard in the Area, including the 2012 and 2027 MVEBs for NOX and VOC for Arkansas' portion of Memphis, TN-MS-AR Area; and to redesignate the Arkansas portion of the Area to attainment for the 2008 8-hour ozone NAAQS. In that notice, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and VOC MVEBs for Arkansas' portion of the Memphis, TN- MS-AR Area. No comments were received. The details of Arkansas' submittal and the rationale for EPA's actions are further explained in the February 10, 2016 proposal. II. What are the effects of these actions? Approval of Arkansas' redesignation request changes the legal designation of Crittenden County in the Arkansas 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 Arkansas' associated SIP revision also incorporates a plan into the SIP for maintaining the 2008 8-hour ozone NAAQS in the Arkansas portion of the Memphis, TN-MS-AR Area through 2027. The maintenance plan establishes NOX and VOC MVEBs for 2012 and 2027 for the Crittenden County portion of the Memphis, TN-MS-AR Area and includes contingency measures\1\ to remedy any future violations of the 2008 8-hour ozone NAAQS and procedures for evaluation of potential violations. The MVEBs, in tons per day (tpd) for the Arkansas portion of the Memphis, TN-MS-AR Area along with the allocations from the safety margin, are provided in the table below.\2\ --------------------------------------------------------------------------- \1\ On January 20, 2016, ADEQ clarified ADEQ's commitment is to adopt and implement contingency measures upon a violation-triggering event if it is determined that the violation is caused by a source or sources within Crittenden County. Clarification Letter from Stuart Spencer to Ron Curry, January 20, 2016 (Clarification Letter). A copy is contained in the docket for this rulemaking. \2\ Arkansas has chosen to allocate a portion of the available safety margin to the NOX and VOC MVEBs for 2027. ADEQ has allocated 6.29 tpd to the 2027 NOX MVEB and 1.10 tpd to the 2027 VOC MVEB. MVEBs for the Arkansas Portion of the Memphis, TN-MS-AR Area [tpd] ---------------------------------------------------------------------------------------------------------------- 2012 2027 --------------------------------------------------------------- NOX VOC NOX VOC ---------------------------------------------------------------------------------------------------------------- On-Road Emissions............................... 13.04 2.35 5.18 0.98 Safety Margin Allocated to MVEB................. N/A N/A 6.29 1.10 Conformity MVEB................................. 13.04 2.35 11.47 2.08 ---------------------------------------------------------------------------------------------------------------- III. Final Actions EPA is taking three separate final actions regarding the Memphis, TN-MS-AR Area's redesignation to attainment and maintenance of the 2008 8-hour ozone NAAQS. First, EPA is determining that the Memphis, TN-MS- AR Area is continuing to attain the 2008 8-hour ozone NAAQS. Second, EPA is approving and incorporating the maintenance plan (including the Clarification Letter) for the Memphis, TN-MS-AR Area, including the NOX and VOC MVEBs for 2012 and 2027, into the Arkansas SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS through 2027, and the budgets meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Third, EPA is determining that Arkansas has met the criteria under CAA section 107(d)(3)(E) for the Memphis, TN-MS-AR Area for redesignation from nonattainment to attainment for the 2008 8-hour ozone NAAQS. On this basis, EPA is approving Arkansas' redesignation request for the 2008 8-hour ozone NAAQS for the Arkansas portion of the Memphis, TN-MS-AR Area. As mentioned above, approval of the redesignation request changes the official designation of Crittenden County in the Arkansas 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 Arkansas 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 Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable [[Page 24032]] 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 Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 Clean Air Act; 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. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 24, 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: April 13, 2014. Ron Curry, 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 in the Arkansas SIP'' is amended by adding an entry at the end of the table for ``2008 8-hour ozone Redesignation Request, Maintenance Plan, and Clarification Letter for the Crittenden County portion of Memphis, TN-AR-MS Nonattainment Area'' to read as follows: Sec. 52.170 Identification of plan. * * * * * (e) * * * EPA Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- Applicable State Name of SIP provision geographic or submittal/ EPA approval date Explanation nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 2008 8-hour ozone Redesignation Crittenden County 12/10/2015 4/25/2016 [Insert ................... Request, Maintenance Plan, and portion of Federal Register Clarification Letter for the Memphis, TN-AR-MS citation]. Crittenden County portion of Nonattainment Area. Memphis, TN-AR-MS Nonattainment Area. ---------------------------------------------------------------------------------------------------------------- [[Page 24033]] 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. 81.304, the table entitled ``Arkansas-2008 8-Hour Ozone NAAQS (Primary and secondary)'' is amended by revising the heading of the entry for ``Memphis, TN-MS-AR Crittenden County'' to read as follows: Sec. 81.304 Arkansas. * * * * * Arkansas--2008 8-Hour Ozone NAAQS (Primary and Secondary) ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ------------------------------------------------------------------------------ Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- Memphis, TN-MS-AR \2\ Crittenden 4/25/2016 Attainment......... County. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. \3\ Includes any Indian country in each county or area, unless otherwise specified. * * * * * [FR Doc. 2016-09451 Filed 4-22-16; 8:45 am] BILLING CODE 6560-50-P
![24030 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
ADDRESSES section of this preamble for tribe has jurisdiction. In those areas of Subpart F—California
more information). Indian country, the rule does not have
tribal implications and will not impose ■ 2. Section 52.220 is amended by
V. Statutory and Executive Order adding paragraphs (c)(350)(i)(C)(3) and
substantial direct costs on tribal
Reviews (c)(441)(i)(D)(4) to read as follows:
governments or preempt tribal law as
Under the Clean Air Act, the specified by Executive Order 13175 (65
Administrator is required to approve a § 52.220 Identification of plan.
FR 67249, November 9, 2000).
SIP submission that complies with the The Congressional Review Act, 5 * * * * *
provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small (c) * * *
federal regulations. 42 U.S.C. 7410(k); (350) * * *
Business Regulatory Enforcement
40 CFR 52.02(a). Thus, in reviewing SIP (i) * * *
Fairness Act of 1996, generally provides
submissions, the EPA’s role is to (C) * * *
that before a rule may take effect, the
approve state choices, provided that (3) Previously approved on January
agency promulgating the rule must
they meet the criteria of the Clean Air 10, 2008 in paragraph(c)(350)(i)(C)(1) of
submit a rule report, which includes a
Act. Accordingly, this action merely this section and now deleted with
copy of the rule, to each House of the
approves state law as meeting federal replacement in paragraph
Congress and to the Comptroller General
requirements and does not impose (c)(441)(i)(D)(4), Rule 4702, ‘‘Internal
of the United States. The EPA will
additional requirements beyond those Combustion Engines,’’ amended on
submit a report containing this action
imposed by state law. For that reason, January 18, 2007.
and other required information to the
this action: U.S. Senate, the U.S. House of * * * * *
• Is not a significant regulatory action Representatives, and the Comptroller (441) * * *
subject to review by the Office of General of the United States prior to (i) * * *
Management and Budget under publication of the rule in the Federal (D) * * *
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect (4) Rule 4702, ‘‘Internal Combustion
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the Engines,’’ amended on November 14,
January 21, 2011); Federal Register. This action is not a 2013.
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. * * * * *
collection burden under the provisions 804(2). [FR Doc. 2016–09430 Filed 4–22–16; 8:45 am]
of the Paperwork Reduction Act (44 BILLING CODE 6560–50–P
Under section 307(b)(1) of the Clean
U.S.C. 3501 et seq.);
• is certified as not having a Air Act, petitions for judicial review of
significant economic impact on a this action must be filed in the United
ENVIRONMENTAL PROTECTION
substantial number of small entities States Court of Appeals for the
AGENCY
under the Regulatory Flexibility Act (5 appropriate circuit by June 24, 2016.
U.S.C. 601 et seq.); Filing a petition for reconsideration by 40 CFR Parts 52 and 81
• does not contain any unfunded the Administrator of this final rule does
not affect the finality of this action for [EPA–R06–OAR–2015–0852; FRL–9945–40–
mandate or significantly or uniquely Region 6]
affect small governments, as described the purposes of judicial review nor does
in the Unfunded Mandates Reform Act it extend the time within which a
Approval and Promulgation of
of 1995 (Pub. L. 104–4); petition for judicial review may be filed,
Implementation Plans; AR;
• does not have Federalism and shall not postpone the effectiveness
Redesignation of the Crittenden
implications as specified in Executive of such rule or action. This action may
County, 2008 8-Hour Ozone
Order 13132 (64 FR 43255, August 10, not be challenged later in proceedings to
Nonattainment Area to Attainment
1999); enforce its requirements (see section
• is not an economically significant 307(b)(2)). AGENCY: Environmental Protection
regulatory action based on health or List of Subjects in 40 CFR Part 52 Agency (EPA).
safety risks subject to Executive Order ACTION: Final rule.
13045 (62 FR 19885, April 23, 1997); Environmental protection, Air
• is not a significant regulatory action pollution control, Incorporation by SUMMARY: On December 10, 2015, the
subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, State of Arkansas, through the Arkansas
28355, May 22, 2001); Nitrogen dioxide, Ozone, Particulate Department of Environment Quality
• is not subject to requirements of matter, Reporting and recordkeeping (ADEQ), submitted a request for the
Section 12(d) of the National requirements, Sulfur oxides, Volatile Environmental Protection Agency (EPA)
Technology Transfer and Advancement organic compounds. to redesignate the portion of Arkansas
Act of 1995 (15 U.S.C. 272 note) because Dated: March 17, 2016. that is within the Memphis, Tennessee-
application of those requirements would Mississippi-Arkansas (Memphis, TN-
Jared Blumenfeld,
be inconsistent with the Clean Air Act; MS-AR) 2008 8-hour ozone
Regional Administrator, Region IX.
and nonattainment area (hereafter referred to
• does not provide the EPA with the Part 52, Chapter I, Title 40 of the Code as the ‘‘Memphis, TN-MS-AR Area’’ or
discretionary authority to address, as of Federal Regulations is amended as ‘‘Area’’) and to approve a State
appropriate, disproportionate human follows: Implementation Plan (SIP) revision
health or environmental effects, using containing a maintenance plan for the
jstallworth on DSK7TPTVN1PROD with RULES
practicable and legally permissible PART 52—APPROVAL AND Area. EPA has determined that the
methods, under Executive Order 12898 PROMULGATION OF Memphis, TN-MS-AR Area is attaining
(59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS the 2008 8-hour ozone national ambient
In addition, the SIP is not approved air quality standards (NAAQS); is
to apply on any Indian reservation land ■ 1. The authority citation for part 52 approving the State’s plan for
or in any other area where the EPA or continues to read as follows: maintaining attainment of the 2008 8-
an Indian tribe has demonstrated that a Authority: 42 U.S.C. 7401 et seq. hour ozone NAAQS in the Area,
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![Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24031
including the motor vehicle emission www.regulations.gov or in hard copy at comments were received. The details of
budgets (MVEBs) for nitrogen oxides the EPA Region 6, 1445 Ross Avenue, Arkansas’ submittal and the rationale
(NOX) and volatile organic compounds Suite 700, Dallas, Texas 75202–2733. for EPA’s actions are further explained
(VOC) for the years 2012 and 2027 for FOR FURTHER INFORMATION CONTACT: in the February 10, 2016 proposal.
the Arkansas portion of the Area, into Jeffrey Riley, 214–665–8542,
the SIP; and is redesignating the riley.jeffrey@epa.gov. II. What are the effects of these actions?
Arkansas portion of the Area to SUPPLEMENTARY INFORMATION: Approval of Arkansas’ redesignation
attainment for the 2008 8-hour ozone Throughout this document ‘‘we,’’ ‘‘us,’’ request changes the legal designation of
NAAQS. EPA is also notifying the and ‘‘our’’ means the EPA. Crittenden County in the Arkansas
public of the status of EPA’s adequacy portion of the Memphis, TN-MS-AR
determination for the MVEBs for the I. Background
Area, found at 40 CFR 81.325, from
Arkansas portion of the Memphis, TN- The background for this action is
nonattainment to attainment for the
MS-AR Area. discussed in detail in our February 10,
2008 8-hour ozone NAAQS. Approval of
2016 proposal (81 FR 7046). In that
DATES: This rule is effective on May 25, Arkansas’ associated SIP revision also
document, we proposed to determine
2016. incorporates a plan into the SIP for
that the Memphis, TN-MS-AR Area is
ADDRESSES: The EPA has established a continuing to attain the 2008 8-hour maintaining the 2008 8-hour ozone
docket for this action under Docket ID ozone NAAQS; to approve and NAAQS in the Arkansas portion of the
No. EPA–R06–OAR–2015–0852. All incorporate into the Arkansas SIP the Memphis, TN-MS-AR Area through
documents in the docket are listed on State’s plan for maintaining attainment 2027. The maintenance plan establishes
the http://www.regulations.gov Web of the 2008 8-hour ozone standard in the NOX and VOC MVEBs for 2012 and
site. Although listed in the index, some Area, including the 2012 and 2027 2027 for the Crittenden County portion
information is not publicly available, MVEBs for NOX and VOC for Arkansas’ of the Memphis, TN-MS-AR Area and
e.g., Confidential Business Information portion of Memphis, TN-MS-AR Area; includes contingency measures1 to
or other information whose disclosure is and to redesignate the Arkansas portion remedy any future violations of the 2008
restricted by statute. Certain other of the Area to attainment for the 2008 8-hour ozone NAAQS and procedures
material, such as copyrighted material, 8-hour ozone NAAQS. In that notice, for evaluation of potential violations.
is not placed on the Internet and will be EPA also notified the public of the The MVEBs, in tons per day (tpd) for the
publicly available only in hard copy status of the Agency’s adequacy Arkansas portion of the Memphis, TN-
form. Publicly available docket determination for the NOX and VOC MS-AR Area along with the allocations
materials are available either MVEBs for Arkansas’ portion of the from the safety margin, are provided in
electronically through http:// Memphis, TN-MS-AR Area. No the table below.2
MVEBS FOR THE ARKANSAS PORTION OF THE MEMPHIS, TN-MS-AR AREA
[tpd]
2012 2027
NOX VOC NOX VOC
On-Road Emissions ......................................................................................... 13.04 2.35 5.18 0.98
Safety Margin Allocated to MVEB ................................................................... N/A N/A 6.29 1.10
Conformity MVEB ............................................................................................ 13.04 2.35 11.47 2.08
III. Final Actions adequacy criteria contained in 40 CFR nonattainment to attainment, as found
93.118(e)(4) and (5). at 40 CFR part 81.
EPA is taking three separate final EPA is also notifying the public that
actions regarding the Memphis, TN-MS- Third, EPA is determining that
EPA finds the newly-established NOX
AR Area’s redesignation to attainment Arkansas has met the criteria under
and VOC MVEBs for the Arkansas
and maintenance of the 2008 8-hour CAA section 107(d)(3)(E) for the
portion of the Memphis, TN-MS–AR
ozone NAAQS. First, EPA is Memphis, TN-MS-AR Area for
Area adequate for the purpose of
determining that the Memphis, TN-MS- redesignation from nonattainment to transportation conformity. Within 24
AR Area is continuing to attain the 2008 attainment for the 2008 8-hour ozone months from this final rule, the
8-hour ozone NAAQS. NAAQS. On this basis, EPA is transportation partners will need to
Second, EPA is approving and approving Arkansas’ redesignation demonstrate conformity to the new NOX
incorporating the maintenance plan request for the 2008 8-hour ozone and VOC MVEBs pursuant to 40 CFR
(including the Clarification Letter) for NAAQS for the Arkansas portion of the 93.104(e)(3).
the Memphis, TN-MS-AR Area, Memphis, TN-MS-AR Area. As
including the NOX and VOC MVEBs for mentioned above, approval of the IV. Statutory and Executive Order
2012 and 2027, into the Arkansas SIP. redesignation request changes the Reviews
The maintenance plan demonstrates official designation of Crittenden Under the Clean Air Act, the
that the Area will continue to maintain County in the Arkansas portion of the Administrator is required to approve a
jstallworth on DSK7TPTVN1PROD with RULES
the 2008 8-hour ozone NAAQS through Memphis, TN-MS-AR Area for the 2008 SIP submission that complies with the
2027, and the budgets meet all of the 8-hour ozone NAAQS from provisions of the Act and applicable
1 On January 20, 2016, ADEQ clarified ADEQ’s by a source or sources within Crittenden County. 2 Arkansas has chosen to allocate a portion of the
commitment is to adopt and implement Clarification Letter from Stuart Spencer to Ron available safety margin to the NOX and VOC MVEBs
contingency measures upon a violation-triggering Curry, January 20, 2016 (Clarification Letter). A for 2027. ADEQ has allocated 6.29 tpd to the 2027
event if it is determined that the violation is caused copy is contained in the docket for this rulemaking. NOX MVEB and 1.10 tpd to the 2027 VOC MVEB.
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![24032 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations
Federal regulations. 42 U.S.C. 7410(k); • Does not provide EPA with the and shall not postpone the effectiveness
40 CFR 52.02(a). Thus, in reviewing SIP discretionary authority to address, as of such rule or action. This action may
submissions, the EPA’s role is to appropriate, disproportionate human not be challenged later in proceedings to
approve state choices, provided that health or environmental effects, using enforce its requirements. (See section
they meet the criteria of the Clean Air practicable and legally permissible 307(b)(2).)
Act. Accordingly, this action merely methods, under Executive Order 12898
List of Subjects
approves state law as meeting Federal (59 FR 7629, February 16, 1994).
requirements and does not impose In addition, the SIP is not approved 40 CFR Part 52
additional requirements beyond those to apply on any Indian reservation land
Environmental protection, Air
imposed by state law. For that reason, or in any other area where EPA or an
pollution control, Incorporation by
this action: Indian tribe has demonstrated that a
reference, Intergovernmental relations,
• Is not a ‘‘significant regulatory tribe has jurisdiction. In those areas of
Nitrogen dioxide, Ozone, Reporting and
action’’ subject to review by the Office Indian country, the rule does not have
recordkeeping requirements, Volatile
of Management and Budget under tribal implications and will not impose
organic compounds.
Executive Orders 12866 (58 FR 51735, substantial direct costs on tribal
October 4, 1993) and 13563 (76 FR 3821, governments or preempt tribal law as 40 CFR Part 81
January 21, 2011); specified by Executive Order 13175 (65
Environmental protection, Air
• Does not impose an information FR 67249, November 9, 2000).
pollution control.
collection burden under the provisions The Congressional Review Act, 5
of the Paperwork Reduction Act (44 U.S.C. 801 et seq., as added by the Small Dated: April 13, 2014.
U.S.C. 3501 et seq.); Business Regulatory Enforcement Ron Curry,
• Is certified as not having a Fairness Act of 1996, generally provides Regional Administrator, Region 6.
significant economic impact on a that before a rule may take effect, the
40 CFR part 52 is amended as follows:
substantial number of small entities agency promulgating the rule must
under the Regulatory Flexibility Act (5 submit a rule report, which includes a PART 52—APPROVAL AND
U.S.C. 601 et seq.); copy of the rule, to each House of the PROMULGATION OF
• Does not contain any unfunded Congress and to the Comptroller General IMPLEMENTATION PLANS
mandate or significantly or uniquely of the United States. EPA will submit a
affect small governments, as described report containing this action and other ■ 1. The authority citation for part 52
in the Unfunded Mandates Reform Act required information to the U.S. Senate, continues to read as follows:
of 1995 (Public Law 104–4); the U.S. House of Representatives, and
Authority: 42 U.S.C. 7401 et seq.
• Does not have Federalism the Comptroller General of the United
implications as specified in Executive States prior to publication of the rule in Subpart E—Arkansas
Order 13132 (64 FR 43255, August 10, the Federal Register. A major rule
1999); cannot take effect until 60 days after it ■ 2. In § 52.170(e) the third table titled
• Is not an economically significant is published in the Federal Register. ‘‘EPA-Approved Nonregulatory
regulatory action based on health or This action is not a ‘‘major rule’’ as Provisions and Quasi-Regulatory
safety risks subject to Executive Order defined by 5 U.S.C. 804(2). Measures in the Arkansas SIP’’ is
13045 (62 FR 19885, April 23, 1997); Under section 307(b)(1) of the Clean amended by adding an entry at the end
• Is not a significant regulatory action Air Act, petitions for judicial review of of the table for ‘‘2008 8-hour ozone
subject to Executive Order 13211 (66 FR this action must be filed in the United Redesignation Request, Maintenance
28355, May 22, 2001); States Court of Appeals for the Plan, and Clarification Letter for the
• Is not subject to requirements of appropriate circuit by June 24, 2016. Crittenden County portion of Memphis,
section 12(d) of the National Filing a petition for reconsideration by TN-AR-MS Nonattainment Area’’ to
Technology Transfer and Advancement the Administrator of this final rule does read as follows:
Act of 1995 (15 U.S.C. 272 note) because not affect the finality of this action for
application of those requirements would the purposes of judicial review nor does § 52.170 Identification of plan.
be inconsistent with the Clean Air Act; it extend the time within which a * * * * *
and petition for judicial review may be filed, (e) * * *
EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
State
Applicable geographic or
Name of SIP provision submittal/ EPA approval date Explanation
nonattainment area effective date
* * * * * * *
2008 8-hour ozone Redesignation Request, Mainte- Crittenden County portion 12/10/2015 4/25/2016 [Insert Federal
nance Plan, and Clarification Letter for the of Memphis, TN-AR-MS Register citation].
Crittenden County portion of Memphis, TN-AR-MS Nonattainment Area.
Nonattainment Area.
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![Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24033
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. ‘‘Memphis, TN-MS-AR Crittenden
FOR AIR QUALITY PLANNING County’’ to read as follows:
PURPOSES ■ 4. In § 81.304, the table entitled
‘‘Arkansas-2008 8-Hour Ozone NAAQS § 81.304 Arkansas.
■ 3. The authority citation for part 81 (Primary and secondary)’’ is amended * * * * *
continues to read as follows: by revising the heading of the entry for
ARKANSAS—2008 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY)
Designation Classification
Designated area
Date 1 Type Date 1 Type
Memphis, TN-MS-AR 2 Crittenden County .......... 4/25/2016 Attainment.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
3 Includes any Indian country in each county or area, unless otherwise specified.
* * * * * FOR FURTHER INFORMATION CONTACT: If The date of the FIRM, if one has been
[FR Doc. 2016–09451 Filed 4–22–16; 8:45 am] you want to determine whether a published, is indicated in the fourth
BILLING CODE 6560–50–P particular community was suspended column of the table. No direct Federal
on the suspension date or for further financial assistance (except assistance
information, contact Patricia Suber, pursuant to the Robert T. Stafford
DEPARTMENT OF HOMELAND Federal Insurance and Mitigation Disaster Relief and Emergency
SECURITY Administration, Federal Emergency Assistance Act not in connection with a
Management Agency, 500 C Street SW., flood) may be provided for construction
Federal Emergency Management Washington, DC 20472, (202) 646–4149. or acquisition of buildings in identified
Agency SUPPLEMENTARY INFORMATION: The NFIP SFHAs for communities not
enables property owners to purchase participating in the NFIP and identified
44 CFR Part 64 Federal flood insurance that is not for more than a year on FEMA’s initial
otherwise generally available from FIRM for the community as having
[Docket ID FEMA–2016–0002; Internal flood-prone areas (section 202(a) of the
Agency Docket No. FEMA–8431]
private insurers. In return, communities
agree to adopt and administer local Flood Disaster Protection Act of 1973,
Suspension of Community Eligibility floodplain management measures aimed 42 U.S.C. 4106(a), as amended). This
at protecting lives and new construction prohibition against certain types of
AGENCY: Federal Emergency from future flooding. Section 1315 of Federal assistance becomes effective for
Management Agency, DHS. the National Flood Insurance Act of the communities listed on the date
ACTION: Final rule. 1968, as amended, 42 U.S.C. 4022, shown in the last column. The
prohibits the sale of NFIP flood Administrator finds that notice and
SUMMARY: This rule identifies insurance unless an appropriate public public comment procedures under 5
communities where the sale of flood body adopts adequate floodplain U.S.C. 553(b), are impracticable and
insurance has been authorized under management measures with effective unnecessary because communities listed
the National Flood Insurance Program enforcement measures. The in this final rule have been adequately
(NFIP) that are scheduled for communities listed in this document no notified.
suspension on the effective dates listed longer meet that statutory requirement Each community receives 6-month,
within this rule because of for compliance with program 90-day, and 30-day notification letters
noncompliance with the floodplain regulations, 44 CFR part 59. addressed to the Chief Executive Officer
management requirements of the Accordingly, the communities will be stating that the community will be
program. If the Federal Emergency suspended on the effective date in the suspended unless the required
Management Agency (FEMA) receives third column. As of that date, flood floodplain management measures are
documentation that the community has insurance will no longer be available in met prior to the effective suspension
adopted the required floodplain the community. We recognize that some date. Since these notifications were
management measures prior to the of these communities may adopt and made, this final rule may take effect
effective suspension date given in this submit the required documentation of within less than 30 days.
rule, the suspension will not occur and legally enforceable floodplain National Environmental Policy Act.
a notice of this will be provided by management measures after this rule is This rule is categorically excluded from
publication in the Federal Register on a published but prior to the actual the requirements of 44 CFR part 10,
subsequent date. Also, information suspension date. These communities Environmental Considerations. No
identifying the current participation will not be suspended and will continue environmental impact assessment has
status of a community can be obtained to be eligible for the sale of NFIP flood been prepared.
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from FEMA’s Community Status Book insurance. A notice withdrawing the Regulatory Flexibility Act. The
(CSB). The CSB is available at http:// suspension of such communities will be Administrator has determined that this
www.fema.gov/fema/csb.shtm. published in the Federal Register. rule is exempt from the requirements of
DATES: The effective date of each In addition, FEMA publishes a Flood the Regulatory Flexibility Act because
community’s scheduled suspension is Insurance Rate Map (FIRM) that the National Flood Insurance Act of
the third date (‘‘Susp.’’) listed in the identifies the Special Flood Hazard 1968, as amended, Section 1315, 42
third column of the following tables. Areas (SFHAs) in these communities. U.S.C. 4022, prohibits flood insurance
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Document Created: 2016-04-23 01:38:48
Document Modified: 2016-04-23 01:38:48
| 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 is effective on May 25, 2016. | |
| Contact | Jeffrey Riley, 214-665-8542, [email protected] | |
| FR Citation | 81 FR 24030 | |
| 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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