81 FR 40816 - Air Plan Approval and Air Quality Designation; TN; Redesignation of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 121 (June 23, 2016)
Federal Register Volume 81, Issue 121 (June 23, 2016)
| Page Range | 40816-40819 | |
| FR Document | 2016-14807 |
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)] [Rules and Regulations] [Pages 40816-40819] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14807] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 and 81 [EPA-R04-OAR-2016-0018; FRL-9948-02-Region 4] Air Plan Approval and Air Quality Designation; TN; Redesignation of the Shelby County 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On January 19, 2016, the State of Tennessee, through the Tennessee Department of Environment and Conservation (TDEC), Air Pollution Control Division, submitted a request for the Environmental Protection Agency (EPA) to redesignate the portion of Tennessee that is within the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area'') and a related State Implementation Plan (SIP) revision containing a maintenance plan and base year inventory for the Area. EPA is taking the following separate final actions related to the January 19, 2016, redesignation request and SIP revision: Approving the base year emissions inventory for the Area into the SIP; determining that the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS); approving the State's plan for maintaining attainment of the 2008 8-hour ozone NAAQS in the Area, including the motor vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOCs) for the year 2027 for the Tennessee portion of the Area, into the SIP; and redesignating the Tennessee portion of the Area to attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the MVEBs for the Tennessee portion of the Area adequate for the purposes of transportation conformity. DATES: This rule will be effective July 25, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0018. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann can be reached by phone at (404) 562-9029 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On May 21, 2012, EPA designated areas as unclassifiable/attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008. See 77 FR 30088. The Memphis, TN-MS-AR Area was designated nonattainment for the 2008 [[Page 40817]] 8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012) using 2008-2010 ambient air quality data. See 77 FR 30088. The Memphis, TN- MS-AR Area consists of a portion of DeSoto County in Mississippi, all of Shelby County in Tennessee, and all of Crittenden County in Arkansas. At the time of designation, the Memphis, TN-MS-AR Area was classified as a marginal nonattainment area for the 2008 8-hour ozone NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS (SIP Implementation Rule),\1\ EPA established ozone nonattainment area attainment dates based on Table 1 of section 181(a) of the Clean Air Act (CAA or Act). This established an attainment date three years after the July 20, 2012, effective date for areas classified as marginal areas for the 2008 8-hour ozone nonattainment designations. Therefore, the Memphis, TN-MS-AR Area's attainment date is July 20, 2015. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- Based on the 2008 8-hour ozone nonattainment designation for the Memphis, TN-MS-AR Area, Tennessee was required to develop a nonattainment SIP revision addressing certain Clean Air Act (CAA or Act) requirements. Specifically, pursuant to CAA section 182(a)(3)(B) and section 182(a)(1), the state was required to submit a SIP revision addressing emissions statements and base year emissions inventory requirements, respectively, for its portion of the Area. EPA approved the emissions statements requirements for the Tennessee portion of the Area into the SIP in a final action published on March 5, 2015. See 80 FR 11974. On January 19, 2016, TDEC requested that EPA redesignate Tennessee's portion of the Memphis, TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS, and submitted a SIP revision containing a section 182(a)(1) base year emissions inventory and the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the MVEBs for NOX and VOC for the year 2027 for the Tennessee portion of the Area.\2\ In a notice of proposed rulemaking (NPRM) published on April 19, 2016, EPA proposed to: (1) Approve and incorporate the base year emissions inventory into the SIP as meeting the requirements of section 182(a)(1); (2) determine that the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS; (3) approve and incorporate into the Tennessee SIP the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including the 2027 MVEBs for NOX and VOC for Tennessee's portion of Memphis, TN-MS-AR Area; and (4) redesignate the Tennessee portion of the Area to attainment for the 2008 8-hour ozone NAAQS. See 81 FR 22948. In that notice, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and VOC MVEBs for Tennessee's portion of Memphis, TN-MS-AR Area. No comments were received on the April 19, 2016, proposed rulemaking. The details of Tennessee's submittal and the rationale for EPA's actions are further explained in the NPRM. See 81 FR 22948 (April 19, 2016). --------------------------------------------------------------------------- \2\ The Tennessee Department of Environment and Conservation Air Pollution Control Board adopted the SIP revision containing the maintenance plan on January 13, 2016. --------------------------------------------------------------------------- II. What are the effects of these actions? Approval of Tennessee's redesignation request changes the legal designation of Shelby County in the Memphis, TN-MS-AR Area, found at 40 CFR 81.325, from nonattainment to attainment for the 2008 8-hour ozone NAAQS. Approval of Tennessee's associated SIP revision also incorporates a section 182(a)(1) base year emissions inventory and a plan into the SIP for maintaining the 2008 8-hour ozone NAAQS in the Tennessee portion of the Area through 2027. The maintenance plan establishes NOX and VOC MVEBs for 2027 for the Shelby County, Tennessee and includes contingency measures to remedy any future violations of the 2008 8-hour ozone NAAQS and procedures for evaluating potential violations. The MVEBs for the Tennessee portion of the Memphis, TN-MS-AR Area, along with the allocations from the safety margin, are provided in the table below.\3\ --------------------------------------------------------------------------- \3\ As discussed in the NPRM, the safety margin is the difference between the attainment level of emissions (from all sources) and the projected level of emissions (from all sources) in the maintenance plan. Tennessee chose to allocate a portion of the available safety margin to the NOX and VOC MVEBs for 2027. TDEC has allocated 49.04 tpd of the NOX safety margin to the 2027 NOX MVEB and 13.19 tpd of the VOC safety margin to the 2027 VOC MVEB. MVEBs for the Tennessee Portion of the Memphis, TN-MS-AR Area [tpd] ------------------------------------------------------------------------ 2027 ----------------- NOX VOC ------------------------------------------------------------------------ On-Road Emissions..................................... 12.51 5.81 Safety Margin Allocated to MVEBs...................... 49.04 13.19 Conformity MVEBs...................................... 61.56 19.01 ------------------------------------------------------------------------ III. Final Action EPA is taking a number of final actions regarding Tennessee's January 19, 2016, request to redesignate the Tennessee portion of the Memphis, TN-MS-AR Area to attainment and associated SIP revision. First, EPA is approving and incorporating Tennessee's section 182(a)(1) base year emissions inventory for the Tennessee portion of the Area into the SIP. Second, EPA is determining that the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS. Third, EPA is approving and incorporating the maintenance plan for the Tennessee portion of the Memphis, TN-MS-AR Area, including the NOX and VOC MVEBs for 2027, into the Tennessee SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS through 2027. Fourth, EPA is determining that Tennessee has met the criteria under CAA section 107(d)(3)(E) for redesignation of the State's portion of the Memphis, TN-MS-AR Area from nonattainment to attainment for the 2008 8-hour ozone NAAQS. On this basis, EPA is approving Tennessee's redesignation request. As mentioned above, approval of the redesignation request changes the official designation of Shelby County, Tennessee for the 2008 8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that EPA finds the newly- established NOX and VOC MVEBs for the Tennessee portion of the Memphis, TN-MS-AR Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e)(3). IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section [[Page 40818]] 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, these actions merely approve state law as meeting federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these actions:Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); are not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. These actions are not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of these actions must be filed in the United States Court of Appeals for the appropriate circuit by August 22, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of these actions for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. These actions may not be challenged later in proceedings to enforce their requirements. See section 307(b)(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: June 10, 2016. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR parts 52 and 81 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart RR--Tennessee 0 2. Section 52.2220(e) is amended by adding entries for ``2008 8-hour Ozone Maintenance Plan for the Memphis TN-MS-AR Area'' and ``2008 8- hour Ozone Emissions Inventory for the Memphis TN-MS-AR Area'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * EPA Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic or State EPA approval provision nonattainment area effective date date Explanation ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 8-hour Ozone Maintenance Shelby County.............. 01/13/2016 6/23/2016 Plan for the Memphis TN-MS-AR [Insert Area. citation of publication]. 2008 8-hour Ozone Emissions Shelby County.............. 01/13/2016 6/23/2016 Inventory for the Memphis TN- [Insert MS-AR Area. citation of publication]. ---------------------------------------------------------------------------------------------------------------- [[Page 40819]] PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 4. In Sec. 81.343, the table entitled ``Tennessee--2008 8-Hour Ozone NAAQS (Primary and secondary)'' is amended under ``Memphis, TN-MS-AR:'' by revising the entry for ``Shelby County'' to read as follows: Sec. 81.343 Tennessee. * * * * * Tennessee--2008 8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ----------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Memphis, TN-MS-AR: \2\ Shelby County................. 6/23/2016 Attainment........... * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. * * * * * [FR Doc. 2016-14807 Filed 6-22-16; 8:45 am] BILLING CODE 6560-50-P
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List of Subjects in 33 CFR Part 165 (3) Operators of vessels desiring to Quality Standards (NAAQS); approving
Harbors, Marine safety, Navigation enter or operate within the safety zone the State’s plan for maintaining
(water), Reporting and recordkeeping should contact the COTP Sector Long attainment of the 2008 8-hour ozone
requirements, Security measures, Island Sound at 203–468–4401 (Sector NAAQS in the Area, including the
Waterways. LIS command center) or the designated motor vehicle emissions budgets
representative via VHF channel 16 to (MVEBs) for nitrogen oxides (NOX) and
For the reasons discussed in the volatile organic compounds (VOCs) for
obtain permission to do so.
preamble, the Coast Guard amends 33 (4) Any vessel given permission to the year 2027 for the Tennessee portion
CFR part 165 as follows: enter or operate in the safety zone must of the Area, into the SIP; and
PART 165—REGULATED NAVIGATION comply with all directions given to redesignating the Tennessee portion of
AREAS AND LIMITED ACCESS AREAS them by the COTP Sector Long Island the Area to attainment for the 2008 8-
Sound, or the designated on-scene hour ozone NAAQS. Additionally, EPA
■ 1. The authority citation for part 165 representative. finds the MVEBs for the Tennessee
continues to read as follows: (5) Upon being hailed by a U.S. Coast portion of the Area adequate for the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Guard vessel by siren, radio, flashing purposes of transportation conformity.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; light or other means, the operator of the DATES: This rule will be effective July
Department of Homeland Security Delegation vessel shall proceed as directed. 25, 2016.
No. 0170.1. Dated: December 30, 2015. ADDRESSES: EPA has established a
■ 2. Add § 165.T01–1123 to read as E.J. Cubanski, III, docket for this action under Docket
follows: Captain, U.S. Coast Guard, Captain of the Identification No. EPA–R04–OAR–
§ 165.T01–1123 Safety Zone; Pleasure Port Sector Long Island Sound. 2016–0018. All documents in the docket
Beach Bridge, Bridgeport, CT. are listed on the www.regulations.gov
Editorial note: This document was
(a) Location. The following area is a Web site. Although listed in the index,
received for publication by the Office of
safety zone: All navigable waters of the Federal Register on June 20, 2016. some information may not be publicly
entrance channel to Johnsons Creek in available, i.e., Confidential Business
[FR Doc. 2016–14908 Filed 6–22–16; 8:45 am]
the vicinity of Pleasure Beach Bridge, Information or other information whose
BILLING CODE 9110–04–P
Bridgeport, CT bound inside an area disclosure is restricted by statute.
that starts at a point on land at position Certain other material, such as
41–10.2N, 073–10.7W and then cast copyrighted material, is not placed on
ENVIRONMENTAL PROTECTION the Internet and will be publicly
along the shoreline to a point on land AGENCY
at position 41–9.57N, 073–9.54W and available only in hard copy form.
then south across the channel to a point Publicly available docket materials are
40 CFR Part 52 and 81 available either electronically through
on land at position 41–9.52N, 073–
9.58W and then west along the [EPA–R04–OAR–2016–0018; FRL–9948–02– www.regulations.gov or in hard copy at
shoreline to a point on land at position Region 4] the Air Regulatory Management Section,
41–9.52N, 073–10.5W and then north Air Planning and Implementation
Air Plan Approval and Air Quality Branch, Air, Pesticides and Toxics
across the channel back to the point of Designation; TN; Redesignation of the
origin. Management Division, U.S.
Shelby County 2008 8-Hour Ozone Environmental Protection Agency,
(b) Enforcement period. This rule will Nonattainment Area to Attainment
be enforced from 12:01 a.m. on January Region 4, 61 Forsyth Street SW.,
1, 2016 to 12:01 a.m. on July 1, 2016. AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. EPA
(c) Definitions. The following Agency (EPA). requests that if at all possible, you
definitions apply to this section: A ACTION: Final rule.
contact the person listed in the FOR
‘‘designated representative’’ is any Coast FURTHER INFORMATION CONTACT section to
Guard commissioned, warrant or petty SUMMARY: On January 19, 2016, the State schedule your inspection. The Regional
officer of the U.S. Coast Guard who has of Tennessee, through the Tennessee Office’s official hours of business are
been designated by the COTP, Sector Department of Environment and Monday through Friday 8:30 a.m. to
Long Island Sound, to act on his or her Conservation (TDEC), Air Pollution 4:30 p.m., excluding Federal holidays.
behalf. The designated representative Control Division, submitted a request FOR FURTHER INFORMATION CONTACT: Jane
may be on an official patrol vessel or for the Environmental Protection Spann, Air Regulatory Management
may be on shore and will communicate Agency (EPA) to redesignate the portion Section, Air Planning and
with vessels via VHF–FM radio or loud of Tennessee that is within the Implementation Branch, Pesticides and
hailer. ‘‘Official patrol vessels’’ may Memphis, Tennessee-Mississippi- Toxics Management Division, Region 4,
consist of any Coast Guard, Coast Guard Arkansas (Memphis, TN-MS-AR) 2008 U.S. Environmental Protection Agency,
Auxiliary, state, or local law 8-hour ozone nonattainment area 61 Forsyth Street SW., Atlanta, Georgia
enforcement vessels assigned or (hereafter referred to as the ‘‘Memphis, 30303–8960. Ms. Spann can be reached
approved by the COTP Sector Long TN-MS-AR Area’’ or ‘‘Area’’) and a by phone at (404) 562–9029 or via
Island Sound. In addition, members of related State Implementation Plan (SIP) electronic mail at spann.jane@epa.gov.
the Coast Guard Auxiliary may be revision containing a maintenance plan SUPPLEMENTARY INFORMATION:
present to inform vessel operators of and base year inventory for the Area.
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EPA is taking the following separate I. Background
this regulation.
(d) Regulations. (l) The general final actions related to the January 19, On May 21, 2012, EPA designated
regulations contained in § 165.23 apply. 2016, redesignation request and SIP areas as unclassifiable/attainment or
(2) In accordance with the general revision: Approving the base year nonattainment for the 2008 8-hour
regulations in § 165.23, entry into or emissions inventory for the Area into ozone NAAQS that was promulgated on
movement within this zone is the SIP; determining that the Memphis, March 27, 2008. See 77 FR 30088. The
prohibited unless authorized by the TN-MS-AR Area is attaining the 2008 8- Memphis, TN-MS-AR Area was
Captain of the Port, Long Island Sound. hour ozone National Ambient Air designated nonattainment for the 2008
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![Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40817
8-hour ozone NAAQS on May 21, 2012 portion of the Area.2 In a notice of MVEBS FOR THE TENNESSEE PORTION
(effective July 20, 2012) using 2008– proposed rulemaking (NPRM) published OF THE MEMPHIS, TN-MS-AR AREA
2010 ambient air quality data. See 77 FR on April 19, 2016, EPA proposed to: (1) [tpd]
30088. The Memphis, TN-MS-AR Area Approve and incorporate the base year
consists of a portion of DeSoto County emissions inventory into the SIP as 2027
in Mississippi, all of Shelby County in meeting the requirements of section
Tennessee, and all of Crittenden County 182(a)(1); (2) determine that the NOX VOC
in Arkansas. At the time of designation, Memphis, TN-MS-AR Area is attaining
the Memphis, TN-MS-AR Area was On-Road Emissions .......... 12.51 5.81
the 2008 8-hour ozone NAAQS; (3) Safety Margin Allocated to
classified as a marginal nonattainment approve and incorporate into the MVEBs .......................... 49.04 13.19
area for the 2008 8-hour ozone NAAQS. Tennessee SIP the State’s plan for Conformity MVEBs ........... 61.56 19.01
In the final implementation rule for the maintaining attainment of the 2008 8-
2008 8-hour ozone NAAQS (SIP hour ozone standard in the Area, III. Final Action
Implementation Rule),1 EPA established including the 2027 MVEBs for NOX and
ozone nonattainment area attainment VOC for Tennessee’s portion of EPA is taking a number of final
dates based on Table 1 of section 181(a) Memphis, TN-MS-AR Area; and (4) actions regarding Tennessee’s January
of the Clean Air Act (CAA or Act). This redesignate the Tennessee portion of the 19, 2016, request to redesignate the
established an attainment date three Area to attainment for the 2008 8-hour Tennessee portion of the Memphis, TN-
years after the July 20, 2012, effective ozone NAAQS. See 81 FR 22948. In that MS-AR Area to attainment and
date for areas classified as marginal notice, EPA also notified the public of associated SIP revision. First, EPA is
areas for the 2008 8-hour ozone the status of the Agency’s adequacy approving and incorporating
nonattainment designations. Therefore, determination for the NOX and VOC Tennessee’s section 182(a)(1) base year
the Memphis, TN-MS-AR Area’s MVEBs for Tennessee’s portion of emissions inventory for the Tennessee
attainment date is July 20, 2015. Memphis, TN-MS-AR Area. No portion of the Area into the SIP.
Second, EPA is determining that the
Based on the 2008 8-hour ozone comments were received on the April
Memphis, TN-MS-AR Area is attaining
nonattainment designation for the 19, 2016, proposed rulemaking. The
the 2008 8-hour ozone NAAQS.
Memphis, TN-MS-AR Area, Tennessee details of Tennessee’s submittal and the Third, EPA is approving and
was required to develop a rationale for EPA’s actions are further incorporating the maintenance plan for
nonattainment SIP revision addressing explained in the NPRM. See 81 FR the Tennessee portion of the Memphis,
certain Clean Air Act (CAA or Act) 22948 (April 19, 2016). TN-MS-AR Area, including the NOX and
requirements. Specifically, pursuant to VOC MVEBs for 2027, into the
II. What are the effects of these actions?
CAA section 182(a)(3)(B) and section Tennessee SIP. The maintenance plan
182(a)(1), the state was required to Approval of Tennessee’s demonstrates that the Area will
submit a SIP revision addressing redesignation request changes the legal continue to maintain the 2008 8-hour
emissions statements and base year designation of Shelby County in the ozone NAAQS through 2027.
emissions inventory requirements, Memphis, TN-MS-AR Area, found at 40 Fourth, EPA is determining that
respectively, for its portion of the Area. CFR 81.325, from nonattainment to Tennessee has met the criteria under
EPA approved the emissions statements attainment for the 2008 8-hour ozone CAA section 107(d)(3)(E) for
requirements for the Tennessee portion NAAQS. Approval of Tennessee’s redesignation of the State’s portion of
of the Area into the SIP in a final action associated SIP revision also incorporates the Memphis, TN-MS-AR Area from
published on March 5, 2015. See 80 FR a section 182(a)(1) base year emissions nonattainment to attainment for the
11974. inventory and a plan into the SIP for 2008 8-hour ozone NAAQS. On this
On January 19, 2016, TDEC requested maintaining the 2008 8-hour ozone basis, EPA is approving Tennessee’s
that EPA redesignate Tennessee’s NAAQS in the Tennessee portion of the redesignation request. As mentioned
portion of the Memphis, TN-MS-AR Area through 2027. The maintenance above, approval of the redesignation
Area to attainment for the 2008 8-hour plan establishes NOX and VOC MVEBs request changes the official designation
ozone NAAQS, and submitted a SIP for 2027 for the Shelby County, of Shelby County, Tennessee for the
revision containing a section 182(a)(1) Tennessee and includes contingency 2008 8-hour ozone NAAQS from
base year emissions inventory and the measures to remedy any future nonattainment to attainment, as found
State’s plan for maintaining attainment violations of the 2008 8-hour ozone at 40 CFR part 81.
of the 2008 8-hour ozone standard in the NAAQS and procedures for evaluating EPA is also notifying the public that
Area, including the MVEBs for NOX and potential violations. The MVEBs for the EPA finds the newly-established NOX
VOC for the year 2027 for the Tennessee Tennessee portion of the Memphis, TN- and VOC MVEBs for the Tennessee
MS-AR Area, along with the allocations portion of the Memphis, TN-MS-AR
1 This rule, entitled Implementation of the 2008 from the safety margin, are provided in Area adequate for the purpose of
National Ambient Air Quality Standards for Ozone: the table below.3 transportation conformity. Within 24
State Implementation Plan Requirements and months from this final rule, the
published at 80 FR 12264 (March 6, 2015),
addresses a range of nonattainment area SIP 2 The Tennessee Department of Environment and transportation partners will need to
requirements for the 2008 ozone NAAQS, including Conservation Air Pollution Control Board adopted demonstrate conformity to the new NOX
requirements pertaining to attainment the SIP revision containing the maintenance plan and VOC MVEBs pursuant to 40 CFR
asabaliauskas on DSK3SPTVN1PROD with RULES
demonstrations, reasonable further progress (RFP), on January 13, 2016.
93.104(e)(3).
reasonably available control technology (RACT), 3 As discussed in the NPRM, the safety margin is
reasonably available control measures (RACM), the difference between the attainment level of IV. Statutory and Executive Order
major new source review (NSR), emission emissions (from all sources) and the projected level
inventories, and the timing of SIP submissions and of emissions (from all sources) in the maintenance
Reviews
of compliance with emission control measures in plan. Tennessee chose to allocate a portion of the Under the CAA, redesignation of an
the SIP. This rule also addresses the revocation of available safety margin to the NOX and VOC MVEBs
the 1997 ozone NAAQS and the anti-backsliding for 2027. TDEC has allocated 49.04 tpd of the NOX
area to attainment and the
requirements that apply when the 1997 ozone safety margin to the 2027 NOX MVEB and 13.19 tpd accompanying approval of a
NAAQS are revoked. of the VOC safety margin to the 2027 VOC MVEB. maintenance plan under section
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![40818 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations
107(d)(3)(E) are actions that affect the • are not significant regulatory not affect the finality of these actions for
status of a geographical area and do not actions subject to Executive Order the purposes of judicial review nor does
impose any additional regulatory 13211 (66 FR 28355, May 22, 2001); it extend the time within which a
requirements on sources beyond those • are not subject to requirements of petition for judicial review may be filed,
imposed by state law. A redesignation to Section 12(d) of the National and shall not postpone the effectiveness
attainment does not in and of itself Technology Transfer and Advancement of such rule or action. These actions
create any new requirements, but rather Act of 1995 (15 U.S.C. 272 note) because may not be challenged later in
results in the applicability of application of those requirements would proceedings to enforce their
requirements contained in the CAA for be inconsistent with the CAA; and requirements. See section 307(b)(2).
areas that have been redesignated to • will not have disproportionate List of Subjects
attainment. Moreover, the Administrator human health or environmental effects
is required to approve a SIP submission under Executive Order 12898 (59 FR 40 CFR Part 52
that complies with the provisions of the 7629, February 16, 1994).
Act and applicable federal regulations. The SIP is not approved to apply on Environmental protection, Air
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). any Indian reservation land or in any pollution control, Incorporation by
Thus, in reviewing SIP submissions, other area where EPA or an Indian tribe reference, Intergovernmental relations,
EPA’s role is to approve state choices, has demonstrated that a tribe has Nitrogen dioxide, Ozone, Reporting and
provided that they meet the criteria of jurisdiction. In those areas of Indian recordkeeping requirements, Volatile
the CAA. Accordingly, these actions country, the rule does not have tribal organic compounds.
merely approve state law as meeting implications as specified by Executive 40 CFR Part 81
federal requirements and do not impose Order 13175 (65 FR 67249, November 9,
additional requirements beyond those 2000), nor will it impose substantial Environmental protection, Air
imposed by state law. For this reason, direct costs on tribal governments or pollution control.
these actions: preempt tribal law. Dated: June 10, 2016.
• Are not significant regulatory The Congressional Review Act, 5 Heather McTeer Toney,
actions subject to review by the Office U.S.C. 801 et seq., as added by the Small
of Management and Budget under Regional Administrator, Region 4.
Business Regulatory Enforcement
Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides 40 CFR parts 52 and 81 is amended
October 4, 1993) and 13563 (76 FR 3821, as follows:
that before a rule may take effect, the
January 21, 2011);
agency promulgating the rule must
• do not impose an information PART 52—APPROVAL AND
collection burden under the provisions submit a rule report, which includes a
copy of the rule, to each House of the PROMULGATION OF
of the Paperwork Reduction Act (44 IMPLEMENTATION PLANS
U.S.C. 3501 et seq.); Congress and to the Comptroller General
• are certified as not having a of the United States. EPA will submit a
report containing this action and other ■ 1. The authority citation for part 52
significant economic impact on a
required information to the U.S. Senate, continues to read as follows:
substantial number of small entities
under the Regulatory Flexibility Act (5 the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
U.S.C. 601 et seq.); the Comptroller General of the United
• do not contain any unfunded States prior to publication of the rule in Subpart RR—Tennessee
mandate or significantly or uniquely the Federal Register. A major rule
affect small governments, as described cannot take effect until 60 days after it ■ 2. Section 52.2220(e) is amended by
in the Unfunded Mandates Reform Act is published in the Federal Register. adding entries for ‘‘2008 8-hour Ozone
of 1995 (Pub. L. 104–4); These actions are not a ‘‘major rule’’ as Maintenance Plan for the Memphis TN-
• do not have Federalism defined by 5 U.S.C. 804(2). MS-AR Area’’ and ‘‘2008 8-hour Ozone
implications as specified in Executive Under section 307(b)(1) of the CAA, Emissions Inventory for the Memphis
Order 13132 (64 FR 43255, August 10, petitions for judicial review of these TN-MS-AR Area’’ at the end of the table
1999); actions must be filed in the United to read as follows:
• are not economically significant States Court of Appeals for the
§ 52.2220 Identification of plan.
regulatory actions based on health or appropriate circuit by August 22, 2016.
safety risks subject to Executive Order Filing a petition for reconsideration by * * * * *
13045 (62 FR 19885, April 23, 1997); the Administrator of this final rule does (e) * * *
EPA APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic State effective
Name of non-regulatory SIP provision EPA approval date Explanation
or nonattainment area date
* * * * * * *
2008 8-hour Ozone Maintenance Plan for the Memphis Shelby County ........... 01/13/2016 6/23/2016 [Insert citation of
asabaliauskas on DSK3SPTVN1PROD with RULES
TN-MS-AR Area. publication].
2008 8-hour Ozone Emissions Inventory for the Mem- Shelby County ........... 01/13/2016 6/23/2016 [Insert citation of
phis TN-MS-AR Area. publication].
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![Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40819
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. AR:’’ by revising the entry for ‘‘Shelby
FOR AIR QUALITY PLANNING County’’ to read as follows:
■ 4. In § 81.343, the table entitled
PURPOSES
‘‘Tennessee—2008 8-Hour Ozone § 81.343 Tennessee.
■ 3. The authority citation for part 81 NAAQS (Primary and secondary)’’ is * * * * *
continues to read as follows: amended under ‘‘Memphis, TN-MS-
TENNESSEE—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
* * * * * * *
Memphis, TN-MS-AR: 2
Shelby County ................................................................................................ 6/23/2016 Attainment.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * 3722. You may request this notice in an Memorandum of the Heads of Executive
[FR Doc. 2016–14807 Filed 6–22–16; 8:45 am] alternative format for the visually Departments and Agencies, M–16–06,
BILLING CODE 6560–50–P impaired. Implementation of the Federal Civil
FOR FURTHER INFORMATION CONTACT:
Penalties Inflation Adjustment Act
Phyllis Green, Executive Assistant, Improvements Act of 2015. A civil
CORPORATION FOR NATIONAL AND Office of General Counsel, at 202–606– monetary penalty under the act is a
COMMUNITY SERVICE 6709 or email to pgreen@cns.gov. penalty, fine, or other sanction that is
Individuals who use a for a specific monetary amount as
45 CFR Parts 1230 and 2554 provided by Federal law or has a
telecommunications device for the deaf
RIN 3045–AA65 (TTY–TDD) may call 800–833–3722 maximum amount provided for by
between 8:00 a.m. and 8:00 p.m. Eastern federal law and is assessed or enforced
Civil Monetary Penalties Inflation Time, Monday through Friday. by an agency pursuant to Federal law
Adjustment and is assessed or enforced pursuant to
SUPPLEMENTARY INFORMATION: an administrative proceeding or a civil
AGENCY: Corporation for National and action in the Federal courts. (See 28
I. Background
Community Service. U.S.C. 2461 note).
ACTION: Interim final rule. The Corporation for National and
The inflation adjustment for each
Community Service (CNCS) is a federal
SUMMARY: The Corporation for National applicable civil monetary penalty is
agency that engages more than five
and Community Service (CNCS) is determined using the percent increase
million Americans in service through its
updating its regulations to reflect in the Consumer Price Index for all
AmeriCorps, Senior Corps, Social
required inflation-related increases to Urban Consumers (CPI–U) for the month
Innovation Fund, and Volunteer
the civil monetary penalties in its of October of the year in which the
Generation Fund programs, and leads
regulations, pursuant to the Federal amount of each civil money penalty was
the President’s national call to service
Civil Penalties Inflation Adjustment Act most recently established or modified.
initiative, United We Serve. For more
Improvements Act of 2015. information, visit NationalService.gov. CNCS identified two civil penalties in
DATES: Effective date: This rule is On November 2, 2015, the President its regulations: (1) The penalty
effective August 1, 2016. signed into law the Federal Civil associated with Restrictions on
Comment due date: Technical Penalties Inflation Adjustment Act Lobbying (45 CFR 1230.400) and (2) the
comments may be submitted until July Improvements Act of 2015 (Sec. 701 of penalty associated with the Program
25, 2016. Pub. L. 114–74) (the ‘‘Act’’) to improve Fraud Civil Remedies Act (45 CFR
ADDRESSES: You may send your the effectiveness of civil monetary 2554.1).
comments electronically through the penalties and to maintain the deterrent In 1989, Congress established civil
Federal government’s one-stop effect of such penalties. The Act monetary penalties related to
rulemaking Web site at requires agencies to make a ‘‘catch-up’’ Restrictions on Lobbying (Section 319,
www.regulations.gov. Also, you may adjustment to the level of civil monetary Pub. L. 101–121; 31 U.S.C. 1352)
mail or deliver your comments to penalties through an interim final ranging from $10,000 to $100,000. The
Phyllis Green, Executive Assistant, rulemaking and to adjust the civil multiplier for 1989 is 1.89361. Thus, the
asabaliauskas on DSK3SPTVN1PROD with RULES
Office of General Counsel, at the monetary penalties for inflation new range of possible civil monetary
Corporation for National and annually. penalties is from $18,936 to $189,361.
Community Service, 250 E Street SW., The Program Fraud Civil Remedies
Washington, DC 20525. Due to II. Method of Calculation Act of 1986 (Pub. L. 99–509) established
continued delays in CNCS’s receipt of CNCS identified two civil monetary a civil monetary penalty with an upper
mail, we strongly encourage comments penalties in its regulations and limit of $5,000. The multiplier for 1986
to be submitted online electronically. calculated the catch-up adjustments as is 2.15628. Thus, the new upper limit of
The TDD/TTY number is 800–833– specified in the February 24, 2016, OMB the civil monetary penalty is $10,781.
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Document Created: 2018-02-08 07:41:40
Document Modified: 2018-02-08 07:41:40
| 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 July 25, 2016. | |
| Contact | Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann can be reached by phone at (404) 562-9029 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 40816 | |
| 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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