81_FR_7512 81 FR 7483 - Air Plan Approval; Tennessee: Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, Tennessee

81 FR 7483 - Air Plan Approval; Tennessee: Removal of I/M Program in Memphis and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby County, Tennessee

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 29 (February 12, 2016)

Page Range7483-7489
FR Document2016-02844

The Environmental Protection Agency (EPA) is proposing to approve the State of Tennessee's May 23, 2014, State Implementation Plan (SIP) revision, submitted through the Tennessee Department of Environment and Conservation (TDEC) on behalf of the Shelby County Health Department (SCHD), seeking to modify the SIP by removing the Inspection and Maintenance (I/M) program in the City of Memphis, Tennessee, and by incorporating Shelby County's revised maintenance plan for the 1997 8-hour ozone national ambient air quality standards (NAAQS). Among other things, the revised maintenance plan updates the emissions inventory estimates and the motor vehicle emissions budgets (MVEBs) for the years 2006 and 2021 and contains an emissions reduction measure to offset the emissions increase expected from the termination of City of Memphis I/M program. EPA has preliminarily determined that Tennessee's May 23, 2014, SIP revision is consistent with the applicable provisions of the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Proposed Rules]
[Pages 7483-7489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02844]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0250; FRL-9942-16-Region 4]


Air Plan Approval; Tennessee: Removal of I/M Program in Memphis 
and Revisions to the 1997 8-Hour Ozone Maintenance Plan for Shelby 
County, Tennessee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the State of Tennessee's May 23, 2014, State Implementation 
Plan (SIP) revision, submitted through the Tennessee Department of 
Environment and Conservation (TDEC) on behalf of the Shelby County 
Health Department (SCHD), seeking to modify the SIP by removing the 
Inspection and Maintenance (I/M) program in the City of Memphis, 
Tennessee, and by incorporating Shelby County's revised maintenance 
plan for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS). Among other things, the revised maintenance plan updates the 
emissions inventory estimates and the motor vehicle emissions budgets 
(MVEBs) for the years 2006 and 2021 and contains an emissions reduction 
measure to offset the emissions increase expected from the termination 
of City of Memphis I/M program. EPA has preliminarily determined that 
Tennessee's May 23, 2014, SIP revision is consistent with the 
applicable provisions of the Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before March 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2014-0250 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2014-0250, Air Regulatory Management Section, 
Air Planning and Implementation Branch,

[[Page 7484]]

Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2014-0250. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. Wong may be reached by phone at (404) 562-8726 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What is being proposed?
II. What is the background of the Shelby County Maintenance area?
III. What are the requirements of CAA Sections 110(l) and 193?
IV. What is EPA's analysis of Tennessee's submittal and request?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What is being proposed?

    EPA is proposing to approve Tennessee's May 23, 2014, SIP revision 
seeking to remove the City of Memphis I/M program from the SIP and to 
incorporate Shelby County's revised maintenance plan for the 1997 8-
hour ozone NAAQS into the SIP.\1\ The maintenance plan includes, among 
other things, an emissions reduction measure to offset the emissions 
increase expected from the termination of City of Memphis I/M program 
as well as revised emission inventory estimates and revised MVEBs based 
upon new modeling associated with the termination of the I/M program 
and the inclusion of the offset measure. The SIP revision also contains 
a technical demonstration that the requested removal of the I/M program 
will not interfere with attainment or maintenance of any NAAQS or with 
any other applicable requirement of the CAA.
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    \1\ The contingency measures portion of Shelby County's 
maintenance plan for the 1997 8-hour ozone NAAQS, as incorporated 
into the SIP, includes the implementation of an I/M program in 
Shelby County as a contingency measure should a monitored violation 
of the 1997 8-hour ozone NAAQS occur in the former Memphis, TN-AR 
nonattainment area. The proposed SIP revision will not remove the I/
M program from the contingency measures in the SIP-approved 
maintenance plan.
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II. What is the background of the Shelby County maintenance area?

    Shelby County was designated as nonattainment for the carbon 
monoxide (CO) NAAQS on March 3, 1978. See 43 FR 8962. Local 
transportation sources in the City of Memphis were identified as the 
prime contributors to monitored CO violations in Shelby County at that 
time. The City of Memphis I/M program was adopted as a control strategy 
to attain the CO NAAQS.
    On July 26, 1994 (59 FR 37939), EPA redesignated Shelby County to 
attainment for the CO standard and approved the initial 10-year CO 
maintenance plan for Shelby County. Subsequently, further improvements 
in automotive technology led to a consistent reduction in locally 
monitored levels of CO. On October 25, 2006, EPA approved the required 
second 10-year CO maintenance plan which demonstrated that I/M was no 
longer needed to maintain the CO NAAQS. See 71 FR 62384.
    On April 30, 2004, EPA designated Shelby County, Tennessee, and 
Crittenden County, Arkansas, as nonattainment for the 1997 8-hour ozone 
NAAQS, with a classification of `moderate' (hereinafter collectively 
referred to as the ``Memphis 1997 8-hour Ozone Area''). See 69 FR 
23858. Under CAA section 182(b)(4), moderate ozone nonattainment areas 
with a census-defined urbanized area population over a given threshold 
are required to adopt basic I/M as part of the required SIP.
    Following the initial designations for the 1997 8-hour ozone 
standard, Shelby County, the State of Tennessee, Crittenden County, and 
the State of Arkansas adopted additional measures to control ozone-
forming emissions in the region and petitioned EPA to use its 
discretion under CAA section 181(a)(4) to reclassify the area from 
moderate to marginal. On September 22, 2004, EPA granted the petition 
to reclassify the area, which removed the SIP planning requirements 
mandated of moderate ozone nonattainment areas, including the adoption 
of a mandatory I/M program, and reset the attainment deadline to June 
15, 2007. See 69 FR

[[Page 7485]]

56697. The Area failed to attain the 1997 8-hour ozone NAAQS by the 
marginal area attainment deadline. Consequently, on March 28, 2008, EPA 
reclassified the Area as a moderate nonattainment area. See 73 FR 
16547. This reclassification reset the attainment deadline to June 15, 
2010, with an attainment plan SIP revision due on March 1, 2009, to 
address all CAA requirements for a moderate ozone nonattainment area, 
including an I/M program in Shelby County pursuant to CAA section 
184(b)(4).
    The end of the 2008 ozone monitoring season resulted in a design 
value for the Memphis 1997 8-hour Ozone Area that met the NAAQS. 
Tennessee, Mississippi, and Arkansas prepared separate, but 
coordinated, redesignation requests and maintenance plans for their 
respective portions of the Area. Tennessee, on behalf of Shelby County, 
submitted the redesignation request and maintenance plan for its 
portion of the 1997 8-hour Ozone Area to EPA on February 26, 2009, 
prior to the attainment plan SIP revision due date.
    EPA approved Tennessee's redesignation request and maintenance plan 
on January 4, 2010. See 75 FR 56. Although there was no longer a 
mandatory requirement to implement I/M in Shelby County under section 
184(b)(4) of the CAA, the City of Memphis continued to operate its I/M 
program, and the SIP-approved maintenance plan for the 1997 8-hour 
ozone NAAQS includes the implementation of a basic I/M program in 
Shelby County as a contingency measure in the event that the 1997 8-
hour ozone NAAQS is violated in the 1997 8-hour Ozone Area after 
redesignation. In mid-2012, the Memphis City Council voted to defund 
the City of Memphis I/M program beginning with Fiscal Year 2013/2014. 
Vehicle inspection operations at all four City of Memphis inspection 
stations ended on June 28, 2013. Tennessee's May 23, 2014, SIP 
submission addresses the termination of this program.
    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). EPA 
designated Shelby County; Crittenden County, Arkansas; and a portion of 
Desoto County, Mississippi, as a marginal nonattainment area for the 
2008 8-hour ozone NAAQS on April 30, 2012 (effective July 20, 2012) 
(hereinafter collectively referred to as the ``Memphis 2008 8-hour 
Ozone Area''). See 77 FR 30088 (May 21, 2012). Currently, monitoring 
data for the Memphis 2008 8-hour Ozone Area indicates that the Area has 
attaining data for the 2008 8-hour ozone NAAQS. As noted previously, 
marginal ozone nonattainment areas are not required to adopt an I/M 
program.

III. What are the requirements of CAA Sections 110(l) and 193?

    Section 110(l) of the CAA requires that a revision to the SIP not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (RFP) (as defined in section 171), or any 
other applicable requirement of the Act. Tennessee's May 23, 2014, SIP 
revision includes a demonstration that the requested actions comply 
with section 110(l) of the CAA. EPA evaluates each section 110(l) 
noninterference demonstration on a case-by-case basis considering the 
circumstances of each SIP revision.
    EPA interprets 110(l) as applying to SIP revisions for all areas of 
the country, whether attainment, nonattainment, unclassifiable, or 
maintenance for one or more of the six criteria pollutants.\2\ EPA also 
interprets section 110(l) to require a demonstration addressing all 
criteria pollutants whose emissions and/or ambient concentrations may 
change as a result of the SIP revision. The degree of analysis focused 
on any particular NAAQS varies depending on the nature of the emissions 
associated with the proposed SIP revision.
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    \2\ The six NAAQS for which EPA establishes health and welfare 
based standards are CO, lead, NO2, ozone, PM, and 
SO2.
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    In nonattainment areas, EPA will generally not approve a SIP 
revision under 110(l) that allows additional emissions of pollutants 
for which the area is designated nonattainment in the absence of 
equivalent emissions reductions or an attainment demonstration 
addressing the proposed changes to the SIP. ``Equivalent'' emissions 
reductions are reductions that are equal to or greater than those 
reductions achieved by the control measure approved in the SIP. To show 
that compensating emissions reductions are equivalent, adequate 
justification must be provided. The compensating, equivalent reductions 
must represent actual emissions reductions achieved in a 
contemporaneous time frame to the change of the existing SIP control 
measure in order to preserve the status quo level of air emissions. If 
the status quo is preserved, noninterference is demonstrated. In 
addition to being contemporaneous, the equivalent emissions reductions 
must also be permanent, enforceable, quantifiable, and surplus.
    Section 193 of the CAA prohibits the modification of control 
measures in effect before November 15, 1990, in a nonattainment area 
for any air pollutant unless the modification insures equivalent or 
greater emission reductions of that pollutant. Shelby County included a 
section 193 analysis in its SIP revision because it requested removal 
of the I/M program from the SIP, because Shelby County is in a 
nonattainment area for the 2008 8-hour ozone NAAQS, and because I/M 
programs may impact ozone air quality.\3\ As discussed in Section IV, 
Shelby County included emissions reductions from the closure of the 
Cleo, Inc. (Cleo) facility to offset the estimated increase in 
emissions due to the termination of the City of Memphis I/M program and 
to support the State's analysis of its requested actions under CAA 
sections 110(l) and 193 as they relate to the ozone NAAQS.\4\
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    \3\ Shelby County is designated nonattainment only for the 2008 
8-hour ozone NAAQS.
    \4\ The Cleo facility was a gift wrap manufacturing plant and 
warehouse located at 4025 Viscount Avenue, Memphis, Tennessee.
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IV. What is EPA's analysis of Tennessee's submittal and request?

    Tennessee's May 23, 2014, SIP revision seeks to remove the City of 
Memphis I/M program from the SIP and incorporate Shelby County's 
revised maintenance plan for the 1997 8-hour ozone NAAQS. The 
maintenance plan includes, among other things, an emissions reduction 
measure to offset the emissions increase expected from the termination 
of City of Memphis I/M program as well as revised emission inventory 
estimates and revised MVEBs based upon new modeling associated with the 
requested removal of the I/M program and upon the inclusion of an 
offset measure.\5\ The SIP revision also contains a technical 
demonstration to support the State's analysis of its requested actions 
under CAA sections 110(l) and 193. The revised MVEBs are discussed 
later on in this document.
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    \5\ The other revisions to the maintenance plan are textual 
changes addressing the requested removal of the I/M program, the 
inclusion of the Cleo facility offsets, the revised MVEBs and 
emissions inventory, and voluntary measures that may improve ozone 
air quality in the 1997 8-hour Ozone Area. These textual changes do 
not result in emissions increases and therefore will not interfere 
with attainment or maintenance of any NAAQS.
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a. Non-interference Analyses Related to the Removal of the City of 
Memphis I/M Program

    Tennessee's SIP revision includes an evaluation of the impact that 
the requested removal of the City of Memphis I/M program would have on 
attainment and maintenance of the NAAQS for each criteria pollutant. 
This

[[Page 7486]]

notice focuses on the ozone and particulate matter (PM) NAAQS because 
the termination of the I/M program is expected to increase VOC 
emissions from on-road mobile sources and because VOCs are precursors 
to ozone and PM.6 7 8 9 The SIP revision includes revised 
mobile source emissions modeling using EPA's Motor Vehicle Emission 
Simulator (MOVES) on-road mobile source model to estimate the emissions 
increases associated with the termination of the I/M program. As part 
of its technical demonstration under CAA sections 110(l) and 193, 
Tennessee's SIP revision quantifies the emissions reductions from the 
closure of the Cleo, Inc. facility for use as offsets for the requested 
removal of the I/M program from the SIP and includes those offsets in 
its revised maintenance plan for incorporation into the SIP.
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    \6\ EPA redesignated Shelby County to attainment for the CO 
NAAQS in 1994. See 59 FR 37939. On October 25, 2006, EPA approved 
the second ten-year CO maintenance plan for the Memphis/Shelby 
County CO Maintenance Area with a 2017 CO safety margin of 480.69 
tpd that did not include the I/M program and concluded that the I/M 
program is not necessary for maintenance of the CO standard. See 71 
FR 62384.
    \7\ Sulfur dioxide (SO2) is emitted from motor 
vehicles, but the amount emitted is a function of the sulfur content 
of the fuel being combusted. Because the I/M program did not address 
fuel composition, its termination has no impact on SO2 
emissions.
    \8\ The termination of the I/M program will have no impact on 
lead emissions because lead is no longer blended into on-road motor 
fuel.
    \9\ On February 17, 2012, EPA designated all counties in 
Tennessee as unclassifiable/attainment for the 2010 NO2 
NAAQS. See 77 FR 9532. NO2 is a subset of NOX, 
and as shown in the mobile source modeling, termination of the I/M 
program does not increase NOX emissions.
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i. Non-Interference Analysis for the Ozone NAAQS
    The SIP revision quantifies the potential emissions increases in 
NOX and VOC due to the termination of the I/M program using 
MOVES2010b,\10\ the most current EPA-approved on-road emission model at 
the time that Tennessee submitted its SIP revision, with inputs 
developed by the current travel demand model (TDM) used by the Memphis 
Area Metropolitan Planning Organization (MPO). Shelby County chose 2013 
as the year for analysis of the affected change in emissions after 
consultation with air quality and transportation partners, including 
the MPO and EPA, because the I/M program terminated in June 2013.
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    \10\ Shelby County's 2010b MOVES modeling conforms with EPA's 
modeling guidance at the time of the SIP submittal.
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    The 2013 inputs for the MOVES model were developed by interpolating 
TDM results for 2011 and 2015 in order to use the model to estimate the 
emissions increases in 2013 associated with the termination of the 
Memphis I/M program. The results of this modeling are provided in Table 
1:

                  Table 1--On-Road Mobile Source Emissions Comparison for the 2013 Ozone Season
----------------------------------------------------------------------------------------------------------------
                                                      No I/M         With I/M                 Change
                                                 ---------------------------------------------------------------
                                                     tons/day        tons/day        tons/day       percentage
----------------------------------------------------------------------------------------------------------------
VOC.............................................          13.609          13.257           0.352            2.66
NOX.............................................          29.652          29.652           0.000            0.00
----------------------------------------------------------------------------------------------------------------

    The County's on-road mobile source modeling predicts that the 
termination of the City of Memphis I/M program will increase 2013 ozone 
season VOC by approximately 0.352 tons per ozone season day and will 
not increase NOX emissions. Therefore, the SIP revision 
includes VOC emissions reductions that offset 128.48 tons per year 
(tpy) (0.352 tons per day (tpd) multiplied by 365 days per year).\11\
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    \11\ Using an annual average provides a more conservative 
estimate for the total amount of emissions reductions needed as an 
offset.
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    Tennessee's SIP revision seeks to incorporate the emissions 
reductions from the closure of the Cleo facility for use as offsets for 
the termination of the I/M program. The company ceased operation in 
2011 and submitted a letter to Shelby County on January 4, 2012, 
requesting termination of its Title V air permit effective at the end 
of 2011, making the reductions permanent and enforceable. SCHD issued a 
Title V termination letter on April 3, 2012. Shelby County quantified 
the emissions reductions associated with the Cleo facility shutdown by 
averaging the certified annual emissions reported by the facility to 
the County in 2009 and 2010, the last two full years of operation. In 
2009 and 2010, Cleo reported and paid air pollution fees on actual VOC 
emissions of 239.1 tons and 254.5 tons, respectively, resulting in an 
annual average of 246.8 tpy (0.676 tpd across the calendar year). 
During the same operational period, Cleo averaged 1.09 tpy of 
NOX emissions (0.003 tpd across the calendar year). Shelby 
County banked the Cleo shutdown emissions reductions for use as 
industrial permitting offsets in the Memphis 2008 8-hour Ozone Area and 
has elected to remove 0.387 tpd (0.352 tpd multiplied by the 1.1:1 
offset ratio in CAA section 182(a)(4)) of these shutdown VOC emissions 
reductions from the bank to offset the estimated VOC emissions increase 
resulting from the termination of the I/M Program. EPA proposes to 
agree with the County's technical demonstration.
ii. Non-Interference Analysis for the PM NAAQS
    Shelby County evaluated the potential for the requested removal of 
the I/M program to interfere with maintenance of the PM NAAQS in the 
County because studies have shown that VOCs can be a precursor to PM in 
certain chemical and meteorological circumstances. The County concluded 
that the termination of the I/M program would not interfere with 
attainment or maintenance of the PM2.5 NAAQS because the 
PM2.5 design values for the Area are below the 
PM2.5 NAAQS; VOC emissions are projected to decline through 
2021 without the I/M program; and the VOC emissions reductions from the 
shutdown of the Cleo facility offset the projected VOC emissions 
increases from the termination of the I/M program. EPA proposes to 
agree with the County's technical demonstration.

b. 1997 8-Hour Ozone NAAQS Maintenance Plan--Emissions Inventory Update

    The revised maintenance plan included in Tennessee's SIP revision 
contains an updated emissions inventory with emissions projections that 
account for the termination of the I/M program and the closure of the 
Cleo facility. Shelby County emissions for 2021 remain the same as 
those provided in the Shelby County 1997 8-hour Ozone Maintenance Plan 
approved by EPA on January 4, 2010 (75 FR 56), with the exception of 
on-road mobile and point source emissions. On-road emissions for 2006 
and 2021 in the revised maintenance plan were remodeled using 
MOVES2010b, and they replace the on-road emissions

[[Page 7487]]

estimates derived from the previous model, MOBILE6.2. The MOVES model 
includes the road class VMT as an input file and generates on-road 
mobile source emissions estimates that take into consideration expected 
Federal tailpipe standards, fleet turnover, and new fuels. The MOVES 
modeling accounts for the termination of the I/M program in 2013.
    Point source emissions for 2006 remain the same; however, Tennessee 
adjusted the 2021 point source emissions for VOCs and NOX 
from the 2010 1997 8-hour Ozone Maintenance Plan by including the 
emissions reductions resulting from the closure of the Cleo facility. 
The change in emissions for on-road and point source is reflected in 
Table 2, and projections for on-road mobile, point, area, and non-road 
mobile sources are presented in Table 3. The revised maintenance 
inventory demonstrates that future emissions of VOCs and NOX 
through 2021 will remain below those in base year 2006, thereby 
indicating that Shelby County will continue to maintain the 1997 8-hour 
ozone NAAQS through the end of the maintenance plan period.

                               Table 2--Change in NOX and VOC Emissions Inventory
                                           [Ozone season tons per day]
----------------------------------------------------------------------------------------------------------------
                                                       VOC
-----------------------------------------------------------------------------------------------------------------
                 Type inventory                       Year           On-road                  Point
----------------------------------------------------------------------------------------------------------------
Base year......................................            2006           -1.23  No change
Projection.....................................            2021           -2.80  -0.676
----------------------------------------------------------------------------------------------------------------
                                                       NOX
----------------------------------------------------------------------------------------------------------------
Base year......................................            2006            2.14  No change
Projection.....................................            2021           -0.96  -0.003
----------------------------------------------------------------------------------------------------------------


                                                        Table 3--NOX and VOC Emissions Inventory
                                                               [Ozone season tons per day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           VOC
---------------------------------------------------------------------------------------------------------------------------------------------------------
             Type inventory                    Year            Area          Non-road        On-road *       Point **          Total         Baseline
--------------------------------------------------------------------------------------------------------------------------------------------------------
Base year...............................            2006          37.531          22.698          23.986          13.665          97.880          97.880
Projection..............................            2021          47.039          19.734           8.558          17.715          93.046          97.880
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Base year...............................            2006           2.101          26.657          58.013          14.458         101.229         101.229
Projection..............................            2021           2.695          21.607          16.035          18.373          58.710         101.229
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 2006 on-road emissions include emissions reductions from the City of Memphis I/M program, and the 2021 on-road emissions projections include emissions
  increases from the termination of the City of Memphis I/M program.
** The 2021 point source projections for VOC and NOX account for the shutdown of the Cleo facility and have been reduced from the 2021 VOC and NOX point
  source projections in the 2010 maintenance plan by 0.676 tpd and 0.003 tpd, respectively.

c. What are the Revised MVEBs?

    Tennessee's May 23, 2014, maintenance plan revision updates the 
MVEBs for 2006 and 2021 using on-road mobile source emissions estimates 
from MOVES and removes the MVEBs for 2009 and 2017. The revised 2021 
MVEB accounts for the termination of the I/M program and the shutdown 
of the Cleo facility. These budgets are used by transportation 
authorities to assure that transportation plans, programs, and projects 
are consistent with, and conform to, the maintenance of acceptable air 
quality in the Memphis 1997 8-hour Ozone Area.
    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a transportation 
plan does not conform, most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP. The regional 
emissions analysis is one, but not the only, requirement for 
implementing transportation conformity. Transportation conformity is a 
requirement for nonattainment and maintenance areas. Maintenance areas 
are areas that were previously nonattainment for a particular NAAQS but 
have since been redesignated to attainment with an approved maintenance 
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment 
demonstration) and maintenance plans create MVEBs for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEBs for other years 
as well. The MVEB is the portion of the total allowable emissions in 
the maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule (58 FR

[[Page 7488]]

62188). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB.
    According to 40 CFR 93.118, a maintenance plan must establish MVEBs 
for the last year of the maintenance plan (in this case, 2021). The 
updated MVEBs in the revised maintenance plan for the 1997 8-hour ozone 
NAAQS are for the base year (2006) and the last year of the first 10-
year maintenance plan (2021). The 2021 MVEB reflects the total on-road 
mobile source emissions for 2021 plus an allocation from the available 
VOC and NOX safety margins. The MVEBs are presented in Table 
4.

                Table 4--Shelby County VOC and NOX MVEBs
                       (Ozone season tons per day)
------------------------------------------------------------------------
                                               2006            2021
------------------------------------------------------------------------
NOX.....................................          58.013          56.428
VOC.....................................          23.986          12.782
------------------------------------------------------------------------

    The previously approved 1997 8-hour ozone maintenance plan for 
Shelby County contained interim MVEBs for years 2006, 2009, and 2017 in 
addition to the required maintenance year MVEB of 2021. The consensus 
formed during the interagency consultation process was that MVEBs 
should only be set for 2006 and 2021.\12\ Therefore, the revised 
maintenance plan removes the interim budgets for years 2009 and 2017.
---------------------------------------------------------------------------

    \12\ The transportation conformity provisions of the CAA require 
interagency consultation in the development of MVEBs. The 
consultation process involves federal agencies (EPA, Federal Highway 
Administration, and Federal Transit Administration), state and local 
transportation agencies, state and local air agencies, and 
metropolitan planning organizations.
---------------------------------------------------------------------------

    Under 40 CFR 93.101, the safety margin is the difference between 
the attainment level and the projected level, from all sources, of 
emissions in the maintenance plan. The attainment level of emissions is 
the level of emissions during one of the years in which Shelby County 
met the 1997 8-hour ozone NAAQS. The safety margin, in whole or in 
part, can be allocated to the transportation sector as long as total 
emissions from all categories remain below the attainment level.
    For the revised 2021 MVEBs, Shelby County allocated ninety-five 
percent of the VOC and NOX safety margin emissions to the 
MVEB.\13\ Specifically, Shelby County allocated 4.224 tpd of the 
available VOC safety margin and 40.393 tpd of the available 
NOX safety margin to the 2021 MVEBs. The remaining safety 
margin in 2021 for VOC is 0.223 tpd and for NOX is 2.126 
tpd. The allocation from the safety margins is available because of 
reductions of VOC and NOX that have occurred, and are 
projected to occur through 2021, primarily from mobile sources. VOC and 
NOX reductions are anticipated from non-road mobile source 
categories, but not to the extent that they occur in the on-road source 
category. VOC reductions from area sources are also anticipated to 
occur due to control techniques instituted on a federal level on 
industrial manufacturing activities. However, future population 
increases act to balance area source reductions such that there is a 
net increase in VOC emissions in this source category.
---------------------------------------------------------------------------

    \13\ Shelby County calculated the NOX safety margin 
by subtracting 2021 projected emissions from 2006 baseline emissions 
and further subtracting 0.387 tpd to account for the offset applied 
to the removal of the City of Memphis I/M program (i.e., 97.880 tpd 
(2006 baseline)-93.046 tpd (2021 projection)-0.387 tpd (offset 
applied) = 4.447 tpd (NOX safety margin)).
---------------------------------------------------------------------------

    The MVEB is constrained to assure that the total emissions from all 
source categories do not exceed the 2006 attainment year emissions. The 
MVEBs are consistent with the plan for maintaining total emissions from 
all source categories at or below the 2006 VOC and NOX 
emission levels through 2021. For future year conformity 
determinations, transportation authorities must rely on the MVEBs 
unless plan revisions occur. Through this rulemaking, EPA is proposing 
to approve the MVEBs for NOX and VOC for 2006 and 2021 for 
Shelby County because EPA believes that the County maintains the 1997 
8-hour ozone NAAQS with the emissions at the levels of the budgets. 
After thorough review, EPA is proposing to approve the budgets because 
they are consistent with maintenance of the 2008 8-hour ozone NAAQS 
through 2021.

V. Proposed Action

    EPA is proposing to approve Tennessee's May 23, 2014, SIP revision 
that seeks to remove the City of Memphis I/M program from the SIP and 
incorporate Shelby County's revised maintenance plan for the 1997 8-
hour ozone NAAQS that includes an emission reduction measure to offset 
the emission increases associated with the requested removal of the I/M 
program from the SIP. The revised maintenance plan also contains 
updated attainment inventories and updated MVEBs for NOX and 
VOC for 2006 and 2021 for Shelby County.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed 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, October 7, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications 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.

[[Page 7489]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 28, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-02844 Filed 2-11-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                              Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                                7483

                                                      docket at http://www.regulations.gov                    on board and displaying a Coast Guard                   Dated: January 29, 2016.
                                                      and can be viewed by following that                     ensign.                                               Lonnie P. Harrison, Jr.,
                                                      Web site’s instructions. Additionally, if                  (4) Participant means all persons and              Captain, U.S. Coast Guard, Captain of the
                                                      you go to the online docket and sign up                 vessels participating in the Bay Bridge               Port Baltimore.
                                                      for email alerts, you will be notified                  Paddle event under the auspices of the                [FR Doc. 2016–02814 Filed 2–11–16; 8:45 am]
                                                      when comments are posted or a final                     Marine Event Permit issued to the event               BILLING CODE 9110–04–P
                                                      rule is published.                                      sponsor and approved by Commander,
                                                      List of Subjects in 33 CFR Part 100                     Coast Guard Sector Baltimore.
                                                                                                                 (c) Special local regulations: (1) The             ENVIRONMENTAL PROTECTION
                                                        Marine safety, Navigation (water),                    Coast Guard Patrol Commander may                      AGENCY
                                                      Reporting and recordkeeping                             forbid and control the movement of all
                                                      requirements, Waterways.                                vessels and persons, including event                  40 CFR Part 52
                                                        For the reasons discussed in the                      participants, in the regulated area.                  [EPA–R04–OAR–2014–0250; FRL–9942–16–
                                                      preamble, the Coast Guard proposes to                   When hailed or signaled by an official                Region 4]
                                                      amend 33 CFR part 100 as follows:                       patrol, a vessel or person in the
                                                                                                              regulated area shall immediately                      Air Plan Approval; Tennessee:
                                                      PART 100—SAFETY OF LIFE ON                              comply with the directions given.                     Removal of I/M Program in Memphis
                                                      NAVIGABLE WATERS                                        Failure to do so may result in expulsion              and Revisions to the 1997 8-Hour
                                                                                                              from the area, citation for failure to                Ozone Maintenance Plan for Shelby
                                                      ■ 1. The authority citation for part 100
                                                                                                              comply, or both. The Coast Guard Patrol               County, Tennessee
                                                      continues to read as follows:
                                                                                                              Commander may terminate the event, or
                                                          Authority: 33 U.S.C. 1233.                                                                                AGENCY:  Environmental Protection
                                                                                                              the operation of any support vessel
                                                                                                                                                                    Agency (EPA).
                                                      ■ 2. Add a temporary § 100.35–T05–                      participating in the event, at any time it
                                                                                                              is deemed necessary for the protection                ACTION: Proposed rule.
                                                      1126 to read as follows:
                                                                                                              of life or property.
                                                      § 100.501–T05–1126 Special Local                                                                              SUMMARY:   The Environmental Protection
                                                                                                                 (2) Except for participants and vessels            Agency (EPA) is proposing to approve
                                                      Regulation; Chesapeake Bay, between
                                                      Sandy Point and Kent Island, MD.
                                                                                                              already at berth, mooring, or anchor, all             the State of Tennessee’s May 23, 2014,
                                                                                                              persons and vessels within the regulated              State Implementation Plan (SIP)
                                                         (a) Regulated area. The following                    area at the time it is implemented are to
                                                      location is a regulated area: All                                                                             revision, submitted through the
                                                                                                              depart the regulated area.                            Tennessee Department of Environment
                                                      navigable waters of the Chesapeake Bay
                                                                                                                 (3) Persons desiring to transit the                and Conservation (TDEC) on behalf of
                                                      between and adjacent to the spans of the
                                                                                                              regulated area must first obtain                      the Shelby County Health Department
                                                      William P. Lane Jr. Memorial Bridges
                                                                                                              authorization from the Captain of the                 (SCHD), seeking to modify the SIP by
                                                      from shoreline to shoreline, bounded to
                                                                                                              Port Baltimore or Coast Guard Patrol                  removing the Inspection and
                                                      the north by a line drawn parallel and
                                                                                                              Commander. Prior to the enforcement                   Maintenance (I/M) program in the City
                                                      500 yards north of the north bridge span
                                                                                                              period, to seek permission to transit the             of Memphis, Tennessee, and by
                                                      that originates from the western
                                                                                                              area, the Captain of the Port Baltimore               incorporating Shelby County’s revised
                                                      shoreline at latitude 39°00′36″ N.,
                                                                                                              can be contacted at telephone number                  maintenance plan for the 1997 8-hour
                                                      longitude 076°23′05″ W., and thence
                                                                                                              410–576–2693 or on Marine Band                        ozone national ambient air quality
                                                      eastward to the eastern shoreline at
                                                                                                              Radio, VHF–FM channel 16 (156.8                       standards (NAAQS). Among other
                                                      latitude 38°59′14″ N., longitude
                                                                                                              MHz). During the enforcement period,                  things, the revised maintenance plan
                                                      076°20′00″ W., and bounded to the
                                                                                                              to seek permission to transit the area,               updates the emissions inventory
                                                      south by a line drawn parallel and 500
                                                                                                              the Coast Guard Patrol Commander can                  estimates and the motor vehicle
                                                      yards south of the south bridge span
                                                                                                              be contacted on Marine Band Radio,                    emissions budgets (MVEBs) for the years
                                                      that originates from the western
                                                                                                              VHF–FM channel 16 (156.8 MHz) for                     2006 and 2021 and contains an
                                                      shoreline at latitude 39°00′16″ N.,
                                                                                                              direction.                                            emissions reduction measure to offset
                                                      longitude 076°24′30″ W., and thence
                                                      eastward to the eastern shoreline at                       (4) The Coast Guard may be assisted                the emissions increase expected from
                                                      latitude 38°58′38.5″ N., longitude                      in the patrol and enforcement of the                  the termination of City of Memphis I/M
                                                      076°20′06″ W. All coordinates reference                 regulated area by other Federal, State,               program. EPA has preliminarily
                                                      Datum NAD 1983.                                         and local agencies. The Coast Guard                   determined that Tennessee’s May 23,
                                                         (b) Definitions. (1) Captain of the Port             Patrol Commander and official patrol                  2014, SIP revision is consistent with the
                                                      Baltimore means the Commander, U.S.                     vessels enforcing this regulated area can             applicable provisions of the Clean Air
                                                      Coast Guard Sector Baltimore, Maryland                  be contacted on marine band radio                     Act (CAA or Act).
                                                      or any Coast Guard commissioned,                        VHF–FM channel 16 (156.8 MHz) and                     DATES: Written comments must be
                                                      warrant or petty officer who has been                   channel 22A (157.1 MHz).                              received on or before March 14, 2016.
                                                      authorized by the Captain of the Port to                   (5) The Coast Guard will publish a                 ADDRESSES: Submit your comments,
                                                      act on his behalf.                                      notice in the Fifth Coast Guard District              identified by Docket ID Number EPA–
                                                         (2) Coast Guard Patrol Commander                     Local Notice to Mariners and issue a                  R04–OAR–2014–0250 by one of the
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      means a commissioned, warrant, or                       marine information broadcast on VHF–                  following methods:
                                                      petty officer of the U.S. Coast Guard                   FM marine band radio announcing                         1. www.regulations.gov: Follow the
                                                      who has been designated by the                          specific event date and times.                        on-line instructions for submitting
                                                      Commander, Coast Guard Sector                              (d) Enforcement period. This section               comments.
                                                      Baltimore.                                              will be enforced from 7:30 a.m. until                   2. Email: R4-ARMS@epa.gov.
                                                         (3) Official Patrol means any vessel                 12:30 p.m. on May 14, 2016, and if                      3. Fax: (404) 562–9019.
                                                      assigned or approved by Commander,                      necessary, due to inclement weather,                    4. Mail: EPA–R04–OAR–2014–0250,
                                                      Coast Guard Sector Baltimore with a                     from 7:30 a.m. until 12:30 p.m. on May                Air Regulatory Management Section, Air
                                                      commissioned, warrant, or petty officer                 15, 2016.                                             Planning and Implementation Branch,


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                                                      7484                    Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules

                                                      Air, Pesticides and Toxics Management                   material, such as copyrighted material,               and revised MVEBs based upon new
                                                      Division, U.S. Environmental Protection                 is not placed on the Internet and will be             modeling associated with the
                                                      Agency, Region 4, 61 Forsyth Street                     publicly available only in hard copy                  termination of the I/M program and the
                                                      SW., Atlanta, Georgia 30303–8960.                       form. Publicly available docket                       inclusion of the offset measure. The SIP
                                                         5. Hand Delivery or Courier: Ms.                     materials are available either                        revision also contains a technical
                                                      Lynorae Benjamin, Chief, Air Regulatory                 electronically in www.regulations.gov or              demonstration that the requested
                                                      Management Section, Air Planning and                    in hard copy at the Air Regulatory                    removal of the I/M program will not
                                                      Implementation Branch, Air, Pesticides                  Management Section, Air Planning and                  interfere with attainment or
                                                      and Toxics Management Division, U.S.                    Implementation Branch, Air, Pesticides                maintenance of any NAAQS or with any
                                                      Environmental Protection Agency,                        and Toxics Management Division, U.S.                  other applicable requirement of the
                                                      Region 4, 61 Forsyth Street SW.,                        Environmental Protection Agency,                      CAA.
                                                      Atlanta, Georgia 30303–8960. Such                       Region 4, 61 Forsyth Street SW.,
                                                      deliveries are only accepted during the                                                                       II. What is the background of the
                                                                                                              Atlanta, Georgia 30303–8960. EPA                      Shelby County maintenance area?
                                                      Regional Office’s normal hours of                       requests that if at all possible, you
                                                      operation. The Regional Office’s official               contact the person listed in the FOR                     Shelby County was designated as
                                                      hours of business are Monday through                    FURTHER INFORMATION CONTACT section to                nonattainment for the carbon monoxide
                                                      Friday, 8:30 a.m. to 4:30 p.m., excluding               schedule your inspection. The Regional                (CO) NAAQS on March 3, 1978. See 43
                                                      Federal holidays.                                       Office’s official hours of business are               FR 8962. Local transportation sources in
                                                         Instructions: Direct your comments to                Monday through Friday, 8:30 a.m. to                   the City of Memphis were identified as
                                                      Docket ID No. EPA–R04–OAR–2014–                         4:30 p.m., excluding federal holidays.                the prime contributors to monitored CO
                                                      0250. EPA’s policy is that all comments                                                                       violations in Shelby County at that time.
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      received will be included in the public                                                                       The City of Memphis I/M program was
                                                                                                              Richard Wong, Air Regulatory                          adopted as a control strategy to attain
                                                      docket without change and may be
                                                      made available online at                                Management Section, Air Planning and                  the CO NAAQS.
                                                      www.regulations.gov, including any                      Implementation Branch, Air, Pesticides                   On July 26, 1994 (59 FR 37939), EPA
                                                      personal information provided, unless                   and Toxics Management Division, U.S.                  redesignated Shelby County to
                                                      the comment includes information                        Environmental Protection Agency,                      attainment for the CO standard and
                                                      claimed to be Confidential Business                     Region 4, 61 Forsyth Street, SW.,                     approved the initial 10-year CO
                                                      Information (CBI) or other information                  Atlanta, Georgia 30303–8960. Mr. Wong                 maintenance plan for Shelby County.
                                                      whose disclosure is restricted by statute.              may be reached by phone at (404) 562–                 Subsequently, further improvements in
                                                      Do not submit through                                   8726 or via electronic mail at                        automotive technology led to a
                                                      www.regulations.gov or email,                           wong.richard@epa.gov.                                 consistent reduction in locally
                                                      information that you consider to be CBI                 SUPPLEMENTARY INFORMATION:                            monitored levels of CO. On October 25,
                                                      or otherwise protected. The                             Table of Contents                                     2006, EPA approved the required
                                                      www.regulations.gov Web site is an                                                                            second 10-year CO maintenance plan
                                                      ‘‘anonymous access’’ system, which                      I. What is being proposed?                            which demonstrated that I/M was no
                                                      means EPA will not know your identity                   II. What is the background of the Shelby              longer needed to maintain the CO
                                                      or contact information unless you                            County Maintenance area?                         NAAQS. See 71 FR 62384.
                                                      provide it in the body of your comment.                 III. What are the requirements of CAA                    On April 30, 2004, EPA designated
                                                      If you send an email comment directly                        Sections 110(l) and 193?                         Shelby County, Tennessee, and
                                                      to EPA without going through                            IV. What is EPA’s analysis of                         Crittenden County, Arkansas, as
                                                      www.regulations.gov, your email                              Tennessee’s submittal and request?               nonattainment for the 1997 8-hour
                                                      address will be automatically captured                  V. Proposed Action                                    ozone NAAQS, with a classification of
                                                      and included as part of the comment                     VI. Statutory and Executive Order                     ‘moderate’ (hereinafter collectively
                                                      that is placed in the public docket and                      Reviews                                          referred to as the ‘‘Memphis 1997 8-
                                                      made available on the Internet. If you                  I. What is being proposed?                            hour Ozone Area’’). See 69 FR 23858.
                                                      submit an electronic comment, EPA                                                                             Under CAA section 182(b)(4), moderate
                                                      recommends that you include your                          EPA is proposing to approve                         ozone nonattainment areas with a
                                                      name and other contact information in                   Tennessee’s May 23, 2014, SIP revision                census-defined urbanized area
                                                      the body of your comment and with any                   seeking to remove the City of Memphis                 population over a given threshold are
                                                      disk or CD–ROM you submit. If EPA                       I/M program from the SIP and to                       required to adopt basic I/M as part of
                                                      cannot read your comment due to                         incorporate Shelby County’s revised                   the required SIP.
                                                      technical difficulties and cannot contact               maintenance plan for the 1997 8-hour                     Following the initial designations for
                                                      you for clarification, EPA may not be                   ozone NAAQS into the SIP.1 The                        the 1997 8-hour ozone standard, Shelby
                                                      able to consider your comment.                          maintenance plan includes, among                      County, the State of Tennessee,
                                                      Electronic files should avoid the use of                other things, an emissions reduction                  Crittenden County, and the State of
                                                      special characters, any form of                         measure to offset the emissions increase              Arkansas adopted additional measures
                                                      encryption, and be free of any defects or               expected from the termination of City of              to control ozone-forming emissions in
                                                      viruses. For additional information                     Memphis I/M program as well as                        the region and petitioned EPA to use its
                                                      about EPA’s public docket visit the EPA                 revised emission inventory estimates                  discretion under CAA section 181(a)(4)
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                                                      Docket Center homepage at http://                                                                             to reclassify the area from moderate to
                                                                                                                1 The contingency measures portion of Shelby
                                                      www.epa.gov/epahome/dockets.htm.                                                                              marginal. On September 22, 2004, EPA
                                                                                                              County’s maintenance plan for the 1997 8-hour
                                                         Docket: All documents in the                         ozone NAAQS, as incorporated into the SIP,
                                                                                                                                                                    granted the petition to reclassify the
                                                      electronic docket are listed in the                     includes the implementation of an I/M program in      area, which removed the SIP planning
                                                      www.regulations.gov index. Although                     Shelby County as a contingency measure should a       requirements mandated of moderate
                                                      listed in the index, some information                   monitored violation of the 1997 8-hour ozone          ozone nonattainment areas, including
                                                                                                              NAAQS occur in the former Memphis, TN–AR
                                                      may not be publicly available, i.e., CBI                nonattainment area. The proposed SIP revision will
                                                                                                                                                                    the adoption of a mandatory I/M
                                                      or other information whose disclosure is                not remove the I/M program from the contingency       program, and reset the attainment
                                                      restricted by statute. Certain other                    measures in the SIP-approved maintenance plan.        deadline to June 15, 2007. See 69 FR


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                                                                              Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                                   7485

                                                      56697. The Area failed to attain the                    hour ozone NAAQS. As noted                            effect before November 15, 1990, in a
                                                      1997 8-hour ozone NAAQS by the                          previously, marginal ozone                            nonattainment area for any air pollutant
                                                      marginal area attainment deadline.                      nonattainment areas are not required to               unless the modification insures
                                                      Consequently, on March 28, 2008, EPA                    adopt an I/M program.                                 equivalent or greater emission
                                                      reclassified the Area as a moderate                                                                           reductions of that pollutant. Shelby
                                                                                                              III. What are the requirements of CAA
                                                      nonattainment area. See 73 FR 16547.                                                                          County included a section 193 analysis
                                                      This reclassification reset the attainment              Sections 110(l) and 193?
                                                                                                                                                                    in its SIP revision because it requested
                                                      deadline to June 15, 2010, with an                         Section 110(l) of the CAA requires                 removal of the I/M program from the
                                                      attainment plan SIP revision due on                     that a revision to the SIP not interfere              SIP, because Shelby County is in a
                                                      March 1, 2009, to address all CAA                       with any applicable requirement                       nonattainment area for the 2008 8-hour
                                                      requirements for a moderate ozone                       concerning attainment and reasonable                  ozone NAAQS, and because I/M
                                                      nonattainment area, including an I/M                    further progress (RFP) (as defined in                 programs may impact ozone air quality.3
                                                      program in Shelby County pursuant to                    section 171), or any other applicable                 As discussed in Section IV, Shelby
                                                      CAA section 184(b)(4).                                  requirement of the Act. Tennessee’s                   County included emissions reductions
                                                         The end of the 2008 ozone monitoring                 May 23, 2014, SIP revision includes a                 from the closure of the Cleo, Inc. (Cleo)
                                                      season resulted in a design value for the               demonstration that the requested                      facility to offset the estimated increase
                                                      Memphis 1997 8-hour Ozone Area that                     actions comply with section 110(l) of                 in emissions due to the termination of
                                                      met the NAAQS. Tennessee,                               the CAA. EPA evaluates each section                   the City of Memphis I/M program and
                                                      Mississippi, and Arkansas prepared                      110(l) noninterference demonstration on               to support the State’s analysis of its
                                                      separate, but coordinated, redesignation                a case-by-case basis considering the                  requested actions under CAA sections
                                                      requests and maintenance plans for                      circumstances of each SIP revision.                   110(l) and 193 as they relate to the
                                                      their respective portions of the Area.                     EPA interprets 110(l) as applying to               ozone NAAQS.4
                                                      Tennessee, on behalf of Shelby County,                  SIP revisions for all areas of the country,
                                                      submitted the redesignation request and                 whether attainment, nonattainment,                    IV. What is EPA’s analysis of
                                                      maintenance plan for its portion of the                 unclassifiable, or maintenance for one                Tennessee’s submittal and request?
                                                      1997 8-hour Ozone Area to EPA on                        or more of the six criteria pollutants.2                Tennessee’s May 23, 2014, SIP
                                                      February 26, 2009, prior to the                         EPA also interprets section 110(l) to                 revision seeks to remove the City of
                                                      attainment plan SIP revision due date.                  require a demonstration addressing all                Memphis I/M program from the SIP and
                                                         EPA approved Tennessee’s                             criteria pollutants whose emissions and/              incorporate Shelby County’s revised
                                                      redesignation request and maintenance                   or ambient concentrations may change                  maintenance plan for the 1997 8-hour
                                                      plan on January 4, 2010. See 75 FR 56.                  as a result of the SIP revision. The                  ozone NAAQS. The maintenance plan
                                                      Although there was no longer a                          degree of analysis focused on any                     includes, among other things, an
                                                      mandatory requirement to implement I/                   particular NAAQS varies depending on                  emissions reduction measure to offset
                                                      M in Shelby County under section                        the nature of the emissions associated                the emissions increase expected from
                                                      184(b)(4) of the CAA, the City of                       with the proposed SIP revision.                       the termination of City of Memphis I/M
                                                      Memphis continued to operate its I/M                       In nonattainment areas, EPA will                   program as well as revised emission
                                                      program, and the SIP-approved                           generally not approve a SIP revision                  inventory estimates and revised MVEBs
                                                      maintenance plan for the 1997 8-hour                    under 110(l) that allows additional                   based upon new modeling associated
                                                      ozone NAAQS includes the                                emissions of pollutants for which the                 with the requested removal of the I/M
                                                      implementation of a basic I/M program                   area is designated nonattainment in the               program and upon the inclusion of an
                                                      in Shelby County as a contingency                       absence of equivalent emissions                       offset measure.5 The SIP revision also
                                                      measure in the event that the 1997 8-                   reductions or an attainment                           contains a technical demonstration to
                                                      hour ozone NAAQS is violated in the                     demonstration addressing the proposed                 support the State’s analysis of its
                                                      1997 8-hour Ozone Area after                            changes to the SIP. ‘‘Equivalent’’                    requested actions under CAA sections
                                                      redesignation. In mid-2012, the                         emissions reductions are reductions that              110(l) and 193. The revised MVEBs are
                                                      Memphis City Council voted to defund                    are equal to or greater than those                    discussed later on in this document.
                                                      the City of Memphis I/M program                         reductions achieved by the control
                                                      beginning with Fiscal Year 2013/2014.                   measure approved in the SIP. To show                  a. Non-interference Analyses Related to
                                                      Vehicle inspection operations at all four               that compensating emissions reductions                the Removal of the City of Memphis I/
                                                      City of Memphis inspection stations                     are equivalent, adequate justification                M Program
                                                      ended on June 28, 2013. Tennessee’s                     must be provided. The compensating,                      Tennessee’s SIP revision includes an
                                                      May 23, 2014, SIP submission addresses                  equivalent reductions must represent                  evaluation of the impact that the
                                                      the termination of this program.                        actual emissions reductions achieved in               requested removal of the City of
                                                         On March 12, 2008, EPA promulgated                   a contemporaneous time frame to the                   Memphis I/M program would have on
                                                      a revised 8-hour ozone NAAQS of 0.075                                                                         attainment and maintenance of the
                                                                                                              change of the existing SIP control
                                                      parts per million (ppm). See 73 FR                                                                            NAAQS for each criteria pollutant. This
                                                                                                              measure in order to preserve the status
                                                      16436 (March 27, 2008). EPA designated
                                                                                                              quo level of air emissions. If the status
                                                      Shelby County; Crittenden County,
                                                                                                              quo is preserved, noninterference is                    3 Shelby County is designated nonattainment only
                                                      Arkansas; and a portion of Desoto                                                                             for the 2008 8-hour ozone NAAQS.
                                                                                                              demonstrated. In addition to being
                                                      County, Mississippi, as a marginal                                                                              4 The Cleo facility was a gift wrap manufacturing
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                                                                              contemporaneous, the equivalent
                                                      nonattainment area for the 2008 8-hour                                                                        plant and warehouse located at 4025 Viscount
                                                                                                              emissions reductions must also be                     Avenue, Memphis, Tennessee.
                                                      ozone NAAQS on April 30, 2012
                                                                                                              permanent, enforceable, quantifiable,                   5 The other revisions to the maintenance plan are
                                                      (effective July 20, 2012) (hereinafter
                                                                                                              and surplus.                                          textual changes addressing the requested removal of
                                                      collectively referred to as the ‘‘Memphis                  Section 193 of the CAA prohibits the               the I/M program, the inclusion of the Cleo facility
                                                      2008 8-hour Ozone Area’’). See 77 FR                    modification of control measures in
                                                                                                                                                                    offsets, the revised MVEBs and emissions
                                                      30088 (May 21, 2012). Currently,                                                                              inventory, and voluntary measures that may
                                                                                                                                                                    improve ozone air quality in the 1997 8-hour Ozone
                                                      monitoring data for the Memphis 2008                      2 The six NAAQS for which EPA establishes           Area. These textual changes do not result in
                                                      8-hour Ozone Area indicates that the                    health and welfare based standards are CO, lead,      emissions increases and therefore will not interfere
                                                      Area has attaining data for the 2008 8-                 NO2, ozone, PM, and SO2.                              with attainment or maintenance of any NAAQS.



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                                                      7486                             Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules

                                                      notice focuses on the ozone and                                             the Cleo, Inc. facility for use as offsets                       Memphis Area Metropolitan Planning
                                                      particulate matter (PM) NAAQS because                                       for the requested removal of the I/M                             Organization (MPO). Shelby County
                                                      the termination of the I/M program is                                       program from the SIP and includes                                chose 2013 as the year for analysis of
                                                      expected to increase VOC emissions                                          those offsets in its revised maintenance                         the affected change in emissions after
                                                      from on-road mobile sources and                                             plan for incorporation into the SIP.                             consultation with air quality and
                                                      because VOCs are precursors to ozone                                                                                                         transportation partners, including the
                                                      and PM.6 7 8 9 The SIP revision includes                                    i. Non-Interference Analysis for the
                                                                                                                                  Ozone NAAQS                                                      MPO and EPA, because the I/M program
                                                      revised mobile source emissions                                                                                                              terminated in June 2013.
                                                      modeling using EPA’s Motor Vehicle                                             The SIP revision quantifies the
                                                      Emission Simulator (MOVES) on-road                                          potential emissions increases in NOX                                The 2013 inputs for the MOVES
                                                      mobile source model to estimate the                                         and VOC due to the termination of the                            model were developed by interpolating
                                                      emissions increases associated with the                                     I/M program using MOVES2010b,10 the                              TDM results for 2011 and 2015 in order
                                                      termination of the I/M program. As part                                     most current EPA-approved on-road                                to use the model to estimate the
                                                      of its technical demonstration under                                        emission model at the time that                                  emissions increases in 2013 associated
                                                      CAA sections 110(l) and 193,                                                Tennessee submitted its SIP revision,                            with the termination of the Memphis I/
                                                      Tennessee’s SIP revision quantifies the                                     with inputs developed by the current                             M program. The results of this modeling
                                                      emissions reductions from the closure of                                    travel demand model (TDM) used by the                            are provided in Table 1:

                                                                              TABLE 1—ON-ROAD MOBILE SOURCE EMISSIONS COMPARISON FOR THE 2013 OZONE SEASON
                                                                                                                                                                                     No I/M         With I/M                   Change

                                                                                                                                                                                 tons/day           tons/day          tons/day         percentage

                                                      VOC .................................................................................................................             13.609              13.257          0.352               2.66
                                                      NOX ..................................................................................................................            29.652              29.652          0.000               0.00



                                                        The County’s on-road mobile source                                        254.5 tons, respectively, resulting in an                        maintenance of the PM2.5 NAAQS
                                                      modeling predicts that the termination                                      annual average of 246.8 tpy (0.676 tpd                           because the PM2.5 design values for the
                                                      of the City of Memphis I/M program                                          across the calendar year). During the                            Area are below the PM2.5 NAAQS; VOC
                                                      will increase 2013 ozone season VOC by                                      same operational period, Cleo averaged                           emissions are projected to decline
                                                      approximately 0.352 tons per ozone                                          1.09 tpy of NOX emissions (0.003 tpd                             through 2021 without the I/M program;
                                                      season day and will not increase NOX                                        across the calendar year). Shelby County                         and the VOC emissions reductions from
                                                      emissions. Therefore, the SIP revision                                      banked the Cleo shutdown emissions                               the shutdown of the Cleo facility offset
                                                      includes VOC emissions reductions that                                      reductions for use as industrial                                 the projected VOC emissions increases
                                                      offset 128.48 tons per year (tpy) (0.352                                    permitting offsets in the Memphis 2008                           from the termination of the I/M
                                                      tons per day (tpd) multiplied by 365                                        8-hour Ozone Area and has elected to                             program. EPA proposes to agree with
                                                      days per year).11                                                           remove 0.387 tpd (0.352 tpd multiplied                           the County’s technical demonstration.
                                                         Tennessee’s SIP revision seeks to                                        by the 1.1:1 offset ratio in CAA section
                                                      incorporate the emissions reductions                                                                                                         b. 1997 8-Hour Ozone NAAQS
                                                                                                                                  182(a)(4)) of these shutdown VOC
                                                      from the closure of the Cleo facility for                                                                                                    Maintenance Plan—Emissions Inventory
                                                                                                                                  emissions reductions from the bank to
                                                      use as offsets for the termination of the                                                                                                    Update
                                                                                                                                  offset the estimated VOC emissions
                                                      I/M program. The company ceased                                             increase resulting from the termination                             The revised maintenance plan
                                                      operation in 2011 and submitted a letter                                    of the I/M Program. EPA proposes to                              included in Tennessee’s SIP revision
                                                      to Shelby County on January 4, 2012,                                        agree with the County’s technical                                contains an updated emissions
                                                      requesting termination of its Title V air                                   demonstration.                                                   inventory with emissions projections
                                                      permit effective at the end of 2011,                                                                                                         that account for the termination of the
                                                      making the reductions permanent and                                         ii. Non-Interference Analysis for the PM                         I/M program and the closure of the Cleo
                                                      enforceable. SCHD issued a Title V                                          NAAQS                                                            facility. Shelby County emissions for
                                                      termination letter on April 3, 2012.                                           Shelby County evaluated the potential                         2021 remain the same as those provided
                                                      Shelby County quantified the emissions                                      for the requested removal of the I/M                             in the Shelby County 1997 8-hour
                                                      reductions associated with the Cleo                                         program to interfere with maintenance                            Ozone Maintenance Plan approved by
                                                      facility shutdown by averaging the                                          of the PM NAAQS in the County                                    EPA on January 4, 2010 (75 FR 56), with
                                                      certified annual emissions reported by                                      because studies have shown that VOCs                             the exception of on-road mobile and
                                                      the facility to the County in 2009 and                                      can be a precursor to PM in certain                              point source emissions. On-road
                                                      2010, the last two full years of                                            chemical and meteorological                                      emissions for 2006 and 2021 in the
                                                      operation. In 2009 and 2010, Cleo                                           circumstances. The County concluded                              revised maintenance plan were
                                                      reported and paid air pollution fees on                                     that the termination of the I/M program                          remodeled using MOVES2010b, and
                                                      actual VOC emissions of 239.1 tons and                                      would not interfere with attainment or                           they replace the on-road emissions
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                         6 EPA redesignated Shelby County to attainment                              7 Sulfur dioxide (SO ) is emitted from motor                  for the 2010 NO2 NAAQS. See 77 FR 9532. NO2 is
                                                                                                                                                          2
                                                      for the CO NAAQS in 1994. See 59 FR 37939. On                               vehicles, but the amount emitted is a function of the            a subset of NOX, and as shown in the mobile source
                                                      October 25, 2006, EPA approved the second ten-                              sulfur content of the fuel being combusted. Because              modeling, termination of the I/M program does not
                                                      year CO maintenance plan for the Memphis/Shelby                             the I/M program did not address fuel composition,                increase NOX emissions.
                                                      County CO Maintenance Area with a 2017 CO                                   its termination has no impact on SO2 emissions.                     10 Shelby County’s 2010b MOVES modeling
                                                                                                                                     8 The termination of the I/M program will have                conforms with EPA’s modeling guidance at the time
                                                      safety margin of 480.69 tpd that did not include the
                                                      I/M program and concluded that the I/M program                              no impact on lead emissions because lead is no                   of the SIP submittal.
                                                                                                                                  longer blended into on-road motor fuel.                             11 Using an annual average provides a more
                                                      is not necessary for maintenance of the CO                                     9 On February 17, 2012, EPA designated all                    conservative estimate for the total amount of
                                                      standard. See 71 FR 62384.
                                                                                                                                  counties in Tennessee as unclassifiable/attainment               emissions reductions needed as an offset.



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                                                                                       Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                                                                7487

                                                      estimates derived from the previous                                         adjusted the 2021 point source                                               Table 3. The revised maintenance
                                                      model, MOBILE6.2. The MOVES model                                           emissions for VOCs and NOX from the                                          inventory demonstrates that future
                                                      includes the road class VMT as an input                                     2010 1997 8-hour Ozone Maintenance                                           emissions of VOCs and NOX through
                                                      file and generates on-road mobile source                                    Plan by including the emissions                                              2021 will remain below those in base
                                                      emissions estimates that take into                                          reductions resulting from the closure of                                     year 2006, thereby indicating that
                                                      consideration expected Federal tailpipe                                     the Cleo facility. The change in                                             Shelby County will continue to
                                                      standards, fleet turnover, and new fuels.                                   emissions for on-road and point source                                       maintain the 1997 8-hour ozone NAAQS
                                                      The MOVES modeling accounts for the                                         is reflected in Table 2, and projections                                     through the end of the maintenance
                                                      termination of the I/M program in 2013.                                     for on-road mobile, point, area, and non-                                    plan period.
                                                         Point source emissions for 2006
                                                                                                                                  road mobile sources are presented in
                                                      remain the same; however, Tennessee

                                                                                                             TABLE 2—CHANGE IN NOX AND VOC EMISSIONS INVENTORY
                                                                                                                                               [Ozone season tons per day]

                                                                                                                                                                 VOC

                                                                                                                     Type inventory                                                                                 Year            On-road          Point

                                                      Base year ...........................................................................................................................................                2006           ¥1.23   No change
                                                      Projection ...........................................................................................................................................               2021           ¥2.80   ¥0.676

                                                                                                                                                                  NOX

                                                      Base year ...........................................................................................................................................                2006            2.14   No change
                                                      Projection ...........................................................................................................................................               2021           ¥0.96   ¥0.003


                                                                                                                        TABLE 3—NOX AND VOC EMISSIONS INVENTORY
                                                                                                                                               [Ozone season tons per day]

                                                                                                                                                                 VOC

                                                             Type inventory                           Year                       Area                   Non-road                   On-road *                   Point **           Total           Baseline

                                                      Base year .....................                         2006                    37.531                    22.698                     23.986                  13.665            97.880           97.880
                                                      Projection .....................                        2021                    47.039                    19.734                      8.558                  17.715            93.046           97.880

                                                                                                                                                                  NOX

                                                      Base year .....................                         2006                      2.101                   26.657                     58.013                  14.458          101.229           101.229
                                                      Projection .....................                        2021                      2.695                   21.607                     16.035                  18.373           58.710           101.229
                                                         * 2006 on-road emissions include emissions reductions from the City of Memphis I/M program, and the 2021 on-road emissions projections in-
                                                      clude emissions increases from the termination of the City of Memphis I/M program.
                                                         ** The 2021 point source projections for VOC and NOX account for the shutdown of the Cleo facility and have been reduced from the 2021
                                                      VOC and NOX point source projections in the 2010 maintenance plan by 0.676 tpd and 0.003 tpd, respectively.


                                                      c. What are the Revised MVEBs?                                              SIP means that transportation activities                                        Under the CAA, states are required to
                                                                                                                                  will not cause new air quality                                               submit, at various times, control strategy
                                                         Tennessee’s May 23, 2014,                                                violations, worsen existing violations, or                                   SIPs and maintenance plans for
                                                      maintenance plan revision updates the                                       delay timely attainment of the NAAQS                                         nonattainment areas. These control
                                                      MVEBs for 2006 and 2021 using on-road                                       or any interim milestones. If a                                              strategy SIPs (including RFP and
                                                      mobile source emissions estimates from                                      transportation plan does not conform,                                        attainment demonstration) and
                                                      MOVES and removes the MVEBs for                                             most new projects that would expand                                          maintenance plans create MVEBs for
                                                      2009 and 2017. The revised 2021 MVEB                                        the capacity of roadways cannot go                                           criteria pollutants and/or their
                                                      accounts for the termination of the I/M                                     forward. Regulations at 40 CFR part 93                                       precursors to address pollution from
                                                      program and the shutdown of the Cleo                                        set forth EPA policy, criteria, and                                          cars and trucks. Per 40 CFR part 93, a
                                                      facility. These budgets are used by                                         procedures for demonstrating and                                             MVEB must be established for the last
                                                      transportation authorities to assure that                                   assuring conformity of such                                                  year of the maintenance plan. A state
                                                      transportation plans, programs, and                                         transportation activities to a SIP. The                                      may adopt MVEBs for other years as
                                                      projects are consistent with, and                                           regional emissions analysis is one, but                                      well. The MVEB is the portion of the
                                                      conform to, the maintenance of                                              not the only, requirement for                                                total allowable emissions in the
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      acceptable air quality in the Memphis                                       implementing transportation                                                  maintenance demonstration that is
                                                      1997 8-hour Ozone Area.                                                     conformity. Transportation conformity                                        allocated to highway and transit vehicle
                                                         Under section 176(c) of the CAA, new                                     is a requirement for nonattainment and                                       use and emissions. See 40 CFR 93.101.
                                                      transportation plans, programs, and                                         maintenance areas. Maintenance areas                                         The MVEB serves as a ceiling on
                                                      projects, such as the construction of                                       are areas that were previously                                               emissions from an area’s planned
                                                      new highways, must ‘‘conform’’ to (i.e.,                                    nonattainment for a particular NAAQS                                         transportation system. The MVEB
                                                      be consistent with) the part of the state’s                                 but have since been redesignated to                                          concept is further explained in the
                                                      air quality plan that addresses pollution                                   attainment with an approved                                                  preamble to the November 24, 1993,
                                                      from cars and trucks. Conformity to the                                     maintenance plan for that NAAQS.                                             Transportation Conformity Rule (58 FR


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                                                      7488                    Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules

                                                      62188). The preamble also describes                  Shelby County allocated 4.224 tpd of                     complies with the provisions of the Act
                                                      how to establish the MVEB in the SIP                 the available VOC safety margin and                      and applicable Federal regulations. See
                                                      and how to revise the MVEB.                          40.393 tpd of the available NOX safety                   42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                         According to 40 CFR 93.118, a                     margin to the 2021 MVEBs. The                            Thus, in reviewing SIP submissions,
                                                      maintenance plan must establish                      remaining safety margin in 2021 for                      EPA’s role is to approve state choices,
                                                      MVEBs for the last year of the                       VOC is 0.223 tpd and for NOX is 2.126                    provided that they meet the criteria of
                                                      maintenance plan (in this case, 2021).               tpd. The allocation from the safety                      the CAA. Accordingly, this proposed
                                                      The updated MVEBs in the revised                     margins is available because of                          action merely approves state law as
                                                      maintenance plan for the 1997 8-hour                 reductions of VOC and NOX that have                      meeting Federal requirements and does
                                                      ozone NAAQS are for the base year                    occurred, and are projected to occur                     not impose additional requirements
                                                      (2006) and the last year of the first 10-            through 2021, primarily from mobile                      beyond those imposed by state law. For
                                                      year maintenance plan (2021). The 2021               sources. VOC and NOX reductions are                      that reason, this proposed action:
                                                      MVEB reflects the total on-road mobile               anticipated from non-road mobile                            • Is not a significant regulatory action
                                                      source emissions for 2021 plus an                    source categories, but not to the extent                 subject to review by the Office of
                                                      allocation from the available VOC and                that they occur in the on-road source                    Management and Budget under
                                                      NOX safety margins. The MVEBs are                    category. VOC reductions from area                       Executive Orders 12866 (58 FR 51735,
                                                      presented in Table 4.                                sources are also anticipated to occur due                October 4, 1993) and 13563 (76 FR 3821,
                                                                                                           to control techniques instituted on a                    January 21, 2011);
                                                       TABLE 4—SHELBY COUNTY VOC AND federal level on industrial                                                       • does not impose an information
                                                                        NOX MVEBS                          manufacturing activities. However,                       collection burden under the provisions
                                                                (Ozone season tons per day)                future population increases act to                       of the Paperwork Reduction Act (44
                                                                                                           balance area source reductions such that                 U.S.C. 3501 et seq.);
                                                                             2006                2021      there is a net increase in VOC emissions
                                                                                                           in this source category.                                    • is certified as not having a
                                                      NOX ..........             58.013             56.428   The MVEB is constrained to assure                      significant economic impact on a
                                                      VOC ..........             23.986             12.782 that the total emissions from all source                 substantial number of small entities
                                                                                                           categories do not exceed the 2006                        under the Regulatory Flexibility Act (5
                                                         The previously approved 1997 8-hour attainment year emissions. The MVEBs                                   U.S.C. 601 et seq.);
                                                      ozone maintenance plan for Shelby                    are consistent with the plan for                            • does not contain any unfunded
                                                      County contained interim MVEBs for                   maintaining total emissions from all                     mandate or significantly or uniquely
                                                      years 2006, 2009, and 2017 in addition               source categories at or below the 2006                   affect small governments, as described
                                                      to the required maintenance year MVEB VOC and NOX emission levels through                                     in the Unfunded Mandates Reform Act
                                                      of 2021. The consensus formed during                 2021. For future year conformity                         of 1995 (Public Law 104–4);
                                                      the interagency consultation process                 determinations, transportation                              • does not have Federalism
                                                      was that MVEBs should only be set for                authorities must rely on the MVEBs                       implications as specified in Executive
                                                      2006 and 2021. Therefore, the revised unless plan revisions occur. Through
                                                                           12
                                                                                                                                                                    Order 13132 (64 FR 43255, October 7,
                                                      maintenance plan removes the interim                 this rulemaking, EPA is proposing to                     1999);
                                                      budgets for years 2009 and 2017.                     approve the MVEBs for NOX and VOC                           • is not an economically significant
                                                         Under 40 CFR 93.101, the safety                   for 2006 and 2021 for Shelby County                      regulatory action based on health or
                                                      margin is the difference between the                 because EPA believes that the County                     safety risks subject to Executive Order
                                                      attainment level and the projected level, maintains the 1997 8-hour ozone
                                                                                                                                                                    13045 (62 FR 19885, April 23, 1997);
                                                      from all sources, of emissions in the                NAAQS with the emissions at the levels
                                                      maintenance plan. The attainment level of the budgets. After thorough review,                                    • is not a significant regulatory action
                                                      of emissions is the level of emissions                                                                        subject to Executive Order 13211 (66 FR
                                                                                                           EPA is proposing to approve the budgets                  28355, May 22, 2001);
                                                      during one of the years in which Shelby because they are consistent with
                                                      County met the 1997 8-hour ozone                                                                                 • is not subject to requirements of
                                                                                                           maintenance of the 2008 8-hour ozone                     Section 12(d) of the National
                                                      NAAQS. The safety margin, in whole or NAAQS through 2021.
                                                      in part, can be allocated to the                                                                              Technology Transfer and Advancement
                                                      transportation sector as long as total               V. Proposed Action                                       Act of 1995 (15 U.S.C. 272 note) because
                                                      emissions from all categories remain                   EPA is proposing to approve                            application of those requirements would
                                                      below the attainment level.                          Tennessee’s May 23, 2014, SIP revision                   be inconsistent with the CAA; and
                                                         For the revised 2021 MVEBs, Shelby                that seeks to remove the City of                            • does not provide EPA with the
                                                      County allocated ninety-five percent of              Memphis I/M program from the SIP and                     discretionary authority to address, as
                                                      the VOC and NOX safety margin                        incorporate Shelby County’s revised                      appropriate, disproportionate human
                                                      emissions to the MVEB. Specifically,
                                                                                      13
                                                                                                           maintenance plan for the 1997 8-hour                     health or environmental effects, using
                                                                                                           ozone NAAQS that includes an                             practicable and legally permissible
                                                        12 The transportation conformity provisions of the
                                                                                                           emission reduction measure to offset the                 methods, under Executive Order 12898
                                                      CAA require interagency consultation in the                                                                   (59 FR 7629, February 16, 1994).
                                                      development of MVEBs. The consultation process       emission increases associated with the
                                                      involves federal agencies (EPA, Federal Highway      requested removal of the I/M program                        In addition, the SIP is not approved
                                                      Administration, and Federal Transit                  from the SIP. The revised maintenance                    to apply on any Indian reservation land
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      Administration), state and local transportation      plan also contains updated attainment                    or in any other area where EPA or an
                                                      agencies, state and local air agencies, and                                                                   Indian tribe has demonstrated that a
                                                      metropolitan planning organizations.                 inventories and updated MVEBs for
                                                        13 Shelby County calculated the NO safety          NOX and VOC for 2006 and 2021 for                        tribe has jurisdiction. In those areas of
                                                                                              X
                                                      margin by subtracting 2021 projected emissions       Shelby County.                                           Indian country, the rule does not have
                                                      from 2006 baseline emissions and further                                                                      tribal implications as specified by
                                                      subtracting 0.387 tpd to account for the offset         VI. Statutory and Executive Order                     Executive Order 13175 (65 FR 67249,
                                                      applied to the removal of the City of Memphis I/        Reviews                                               November 9, 2000) nor will it impose
                                                      M program (i.e., 97.880 tpd (2006 baseline)¥93.046
                                                      tpd (2021 projection)¥0.387 tpd (offset applied) =        Under the CAA, the Administrator is                 substantial direct costs on tribal
                                                      4.447 tpd (NOX safety margin)).                         required to approve a SIP submittal that              governments or preempt tribal law.


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                                                                               Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Proposed Rules                                               7489

                                                      List of Subjects in 40 CFR Part 52                      electronically any information you                      Dated: February 2, 2016.
                                                        Environmental protection, Air                         consider to be Confidential Business                  Jared Blumenfeld,
                                                      pollution control, Carbon monoxide,                     Information (CBI) or other information                Regional Administrator, Region IX.
                                                      Incorporation by reference,                             whose disclosure is restricted by statute.            [FR Doc. 2016–02845 Filed 2–11–16; 8:45 am]
                                                      Intergovernmental relations, Lead,                      Multimedia submissions (audio, video,                 BILLING CODE 6560–50–P
                                                      Nitrogen dioxide, Ozone, Particulate                    etc.) must be accompanied by a written
                                                      matter, Reporting and recordkeeping                     comment. The written comment is
                                                      requirements, Sulfur oxides, Volatile                   considered the official comment and                   ENVIRONMENTAL PROTECTION
                                                      organic compounds.                                      should include discussion of all points               AGENCY
                                                         Authority: 42 U.S.C. 7401 et seq.                    you wish to make. The EPA will
                                                                                                                                                                    40 CFR Part 52
                                                                                                              generally not consider comments or
                                                        Dated: January 28, 2016.                                                                                    [EPA–R10–OAR–2015–0855; FRL–9942–14–
                                                                                                              comment contents located outside of the
                                                      Heather McTeer Toney,                                   primary submission (i.e. on the web,                  Region 10]
                                                      Regional Administrator, Region 4.                       cloud, or other file sharing system). For
                                                      [FR Doc. 2016–02844 Filed 2–11–16; 8:45 am]
                                                                                                                                                                    Approval and Promulgation of
                                                                                                              additional submission methods, please                 Implementation Plans; Idaho:
                                                      BILLING CODE 6560–50–P                                  contact the person identified in the FOR              Interstate Transport Requirements for
                                                                                                              FURTHER INFORMATION CONTACT section.                  the 2010 Nitrogen Dioxide National
                                                                                                              For the full EPA public comment policy,               Ambient Air Quality Standards
                                                      ENVIRONMENTAL PROTECTION
                                                                                                              information about CBI or multimedia
                                                      AGENCY                                                                                                        AGENCY:  Environmental Protection
                                                                                                              submissions, and general guidance on
                                                                                                              making effective comments, please visit               Agency (EPA).
                                                      40 CFR Part 52
                                                                                                              http://www2.epa.gov/dockets/                          ACTION: Proposed rule.
                                                      [EPA–R09–OAR–2015–0751; FRL–9942–06–                    commenting-epa-dockets.
                                                      Region 9]                                                                                                     SUMMARY:    The Environmental Protection
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      Agency (EPA) is proposing to approve a
                                                      Revisions to the California State                       Nicole Law, EPA Region IX, (415) 947–                 submittal by the Idaho Department of
                                                      Implementation Plan, San Joaquin                        4126, Law.Nicole@epa.gov.                             Environmental Quality (Idaho DEQ)
                                                      Valley Unified Air Pollution Control                                                                          demonstrating that the State
                                                      District                                                SUPPLEMENTARY INFORMATION:     This                   Implementation Plan (SIP) meets certain
                                                                                                              document reopens the public comment                   interstate transport requirements of the
                                                      AGENCY:  Environmental Protection                       period established in the proposed rule               Clean Air Act (CAA) for the National
                                                      Agency (EPA).                                           published in the Federal Register on                  Ambient Air Quality Standards
                                                      ACTION: Proposed rule; reopening of                     December 2, 2015 (80 FR 75442) (FRL–                  (NAAQS) promulgated for nitrogen
                                                      comment period.                                         9939–64–Region 9). In that document,                  dioxide (NO2) on January 22, 2010.
                                                                                                              EPA solicited comments on a proposed                  Specifically, the Idaho DEQ reviewed
                                                      SUMMARY:   The Environmental Protection                                                                       monitoring and modeling data to show
                                                                                                              rule to approve revisions to the
                                                      Agency (EPA) issued a proposed rule in                                                                        that sources within Idaho do not
                                                                                                              SJVUAPCD’s Rule 4702 (Internal
                                                      the Federal Register on December 2,                                                                           significantly contribute to
                                                      2015, proposing to approve a revision to                Combustion Engines) and referenced a
                                                                                                              technical support document (TSD)                      nonattainment, or interfere with
                                                      the San Joaquin Valley Unified Air                                                                            maintenance, of the NO2 NAAQS in any
                                                      Pollution Control District (SJVUAPCD)                   containing further information about the
                                                                                                                                                                    other state.
                                                      portion of the California State                         rule. Due to an administrative error, the
                                                                                                                                                                    DATES: Comments must be received on
                                                      Implementation Plan (SIP). The                          TSD was not available on
                                                                                                                                                                    or before March 14, 2016.
                                                      December 2, 2015 proposal provided for                  www.regulations.gov until after the
                                                                                                                                                                    ADDRESSES: Submit your comments,
                                                      a 30-day public comment period ending                   close of the comment period on January
                                                                                                              4, 2016. Although EPA did not receive                 identified by Docket ID No. EPA–R10–
                                                      January 4, 2016. One document in the                                                                          OAR–2015–0855 at http://
                                                      docket for this proposal was not listed                 any public comments on this proposal
                                                                                                                                                                    www.regulations.gov. Follow the online
                                                      at www.regulations.gov until after the                  or any requests for the TSD, EPA is
                                                                                                                                                                    instructions for submitting comments.
                                                      comment period had closed. EPA is                       reopening the comment period for                      Once submitted, comments cannot be
                                                      reopening the comment period for 15                     another 15 days to ensure that the                    edited or removed from Regulations.gov.
                                                      days to ensure the public has an                        public has an opportunity to review and               The EPA may publish any comment
                                                      opportunity to review and comment on                    comment on all material in the docket.                received to its public docket. Do not
                                                      all material in the docket.                             Accordingly, any comments on this                     submit electronically any information
                                                      DATES: Any comments must arrive by                      proposed rule must be received on or                  you consider to be Confidential
                                                      February 29, 2016.                                      before February 29, 2016.                             Business Information (CBI) or other
                                                      ADDRESSES: Submit your comments,
                                                                                                              List of Subjects in 40 CFR Part 52                    information whose disclosure is
                                                      identified by Docket ID No. EPA–R09–                                                                          restricted by statute. Multimedia
                                                      OAR–2015–0751 at                                          Environmental protection, Air                       submissions (audio, video, etc.) must be
                                                      www.regulations.gov, or via email to                    pollution control, Carbon monoxide,                   accompanied by a written comment.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS




                                                      steckel.andrew@epa.gov.                                 Incorporation by reference,                           The written comment is considered the
                                                         For comments submitted at                            Intergovernmental relations, Nitrogen                 official comment and should include
                                                      Regulations.gov, follow the online                      dioxide, Ozone, Particulate matter,                   discussion of all points you wish to
                                                      instructions for submitting comments.                   Reporting and recordkeeping                           make. The EPA will generally not
                                                      Once submitted, comments cannot be                      requirements, Volatile organic                        consider comments or comment
                                                      edited or removed from Regulations.gov.                 compounds.                                            contents located outside of the primary
                                                      For either manner of submission, the                                                                          submission (i.e. on the Web, cloud, or
                                                      EPA may publish any comment received                      Authority: 42 U.S.C. 7401 et seq.                   other file sharing system). For
                                                      to its public docket. Do not submit                                                                           additional submission methods, the full


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Document Created: 2016-02-12 01:23:51
Document Modified: 2016-02-12 01:23:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before March 14, 2016.
ContactRichard Wong, 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. Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected]
FR Citation81 FR 7483 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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