[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Proposed Rules]
[Pages 7269-7279]
[FR Doc No: 2016-02725]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2015-0743; FRL-9942-01-Region 4]

Air Plan Approval and Designation of Areas; MS; Redesignation of
the DeSoto County, 2008 8-Hour Ozone Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: On December 11, 2015, the State of Mississippi, through the
Mississippi Department of Environment Quality (MDEQ), submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the portion of Mississippi that is within the Memphis, Tennessee-
Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-hour ozone
nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR
Area'' or ``Area'') and to approve a State

Implementation Plan (SIP) revision containing a maintenance plan for
the Area. EPA is proposing to determine that the Memphis, TN-MS-AR Area
is attaining the 2008 8-hour ozone national ambient air quality
standards (NAAQS); to approve the State's plan for maintaining
attainment of the 2008 8-hour ozone NAAQS in the Area, including the
motor vehicle emission budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds (VOC) for the year 2027
for the Mississippi portion of the Area, into the SIP; and to
redesignate the Mississippi portion of the Area to attainment for the
2008 8-hour ozone NAAQS. EPA is also notifying the public of the status
of EPA's adequacy determination for the MVEBs for the Mississippi
portion of the Memphis, TN-MS-AR Area.

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0743 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Mr. Lakeman may be reached by phone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the request?
VI. What is EPA's analysis of Mississippi's proposed NOX
and VOC MVEBs for the Mississippi portion of the area?
VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the Mississippi portion of
the area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Actions
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following three separate but related
actions, one of which involves multiple elements: (1) To determine that
the Memphis, TN-MS-AR Area is attaining the 2008 8-hour ozone NAAQS;
\1\ (2) to approve Mississippi's plan for maintaining the 2008 8-hour
ozone NAAQS (maintenance plan), including the associated MVEBs for the
Mississippi portion of the Memphis, TN-MS-AR Area, into the SIP; and
(3) to redesignate the Mississippi portion of the Memphis, TN-MS-AR
Area to attainment for the 2008 8-hour ozone NAAQS. EPA is also
notifying the public of the status of EPA's adequacy determination for
the MVEBs for the Mississippi portion of the Memphis, TN-MS-AR Area.
The Memphis, TN-MS-AR Area consists of a portion of DeSoto County in
Mississippi, all of Shelby County in Tennessee, and all of Crittenden
County in Arkansas. This proposed actions are summarized below and
described in greater detail throughout this notice of proposed
rulemaking.
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    \1\ On August 27, 2015, EPA published a notice of proposed
rulemaking entitled ``Determinations of Attainment by the Attainment
Date, Extensions of the Attainment Date, and Reclassification of
Several Areas Classified as Marginal for the 2008 Ozone National
Ambient Air Quality Standards'' proposing to determine that the
Memphis, TN-MS-AR Area attained the 2008 8-hour ozone NAAQS by the
applicable attainment date of July 20, 2015, based on 2012-2014
monitoring data. See 80 FR 51992. Any final action on the August 27,
2015 proposed rule will occur in a separate rulemaking from this
proposed action.
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    EPA is making the preliminary determination that the Memphis, TN-
MS-AR Area is attaining the 2008 8-hour ozone NAAQS based on recent air
quality data and proposing to approve Mississippi's maintenance plan
for its portion of the Memphis, TN-MS-AR Area as meeting the
requirements of section 175A (such approval being one of the Clean Air
Act (CAA or Act) criteria for redesignation to attainment status). The
maintenance plan is designed to keep the Memphis, TN-MS-AR Area in
attainment of the 2008 8-hour ozone NAAQS through 2027. The maintenance
plan includes 2027 MVEBs for NOX and VOC for the Mississippi
portion of the Memphis, TN-MS-AR Area for transportation conformity
purposes. EPA is proposing to approve these MVEBs and incorporate them
into the Mississippi SIP.
    EPA also proposes to determine that the Mississippi portion of the
Memphis, TN-MS-AR Area has met the requirements for redesignation under
section 107(d)(3)(E) of the CAA. Accordingly, in this action, EPA is
proposing to approve a request to change the legal designation of
DeSoto County within the Mississippi portion of the Memphis, TN-MS-AR
Area, as found at 40 CFR part 81, from nonattainment to attainment for
the 2008 8-hour ozone NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy
process for the 2027 NOX and VOC MVEBs for the Mississippi
portion of the Memphis, TN-MS-AR Area. The Adequacy comment period
began on November 2, 2015, with EPA's posting of the availability of
Mississippi's submissions on EPA's Adequacy Web site (http://www3.epa.gov/otaq/stateresources/transconf/currsips.htm#desoto-ms).
    The Adequacy comment period for these MVEBs closed on December 2,
2015. No comments, adverse or otherwise, were received during the
Adequacy comment period. Please see section VII of this proposed
rulemaking for further explanation of this process and for more details
on the MVEBs.
    In summary, this notice of proposed rulemaking is in response to
Mississippi's December 11, 2015, redesignation request and associated
SIP submission that address the specific issues summarized previously
and the necessary elements described in section 107(d)(3)(E) of the CAA
for redesignation of the Mississippi portion of the Memphis, TN-MS-AR
Area to attainment for the 2008 8-hour ozone NAAQS.

II. What is the background for EPA's proposed actions?

    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). Under
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth highest daily
maximum 8-hour average ambient air quality ozone

concentrations is less than or equal to 0.075 ppm. See 40 CFR 50.15.
Ambient air quality monitoring data for the 3-year period must meet a
data completeness requirement. The ambient air quality monitoring data
completeness requirement is met when the average percent of days with
valid ambient monitoring data is greater than 90 percent, and no single
year has less than 75 percent data completeness as determined in
Appendix I of part 50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of complete, quality assured, and
certified ambient air quality data at the conclusion of the designation
process. The Memphis, TN-MS-AR Area was designated nonattainment for
the 2008 8-hour ozone NAAQS on May 21, 2012 (effective July 20, 2012)
using 2008-2010 ambient air quality data. See 77 FR 30088 (May 21,
2012). At the time of designation, the Memphis, TN-MS-AR Area was
classified as a marginal nonattainment area for the 2008 8-hour ozone
NAAQS. In the final implementation rule for the 2008 8-hour ozone NAAQS
(SIP Implementation Rule),\2\ EPA established ozone nonattainment area
attainment dates based on Table 1 of section 181(a) of the CAA. This
established an attainment date three years after the July 20, 2012,
effective date for areas classified as marginal areas for the 2008 8-
hour ozone nonattainment designations. Therefore, the Memphis, TN-MS-AR
Area's attainment date is July 20, 2015.
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    \2\ This rule, entitled Implementation of the 2008 National
Ambient Air Quality Standards for Ozone: State Implementation Plan
Requirements and published at 80 FR 12264 (March 6, 2015), addresses
a range of nonattainment area SIP requirements for the 2008 ozone
NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology (RACT), reasonably available control
measures (RACM), major new source review (NSR), emission
inventories, and the timing of SIP submissions and of compliance
with emission control measures in the SIP. This rule also addresses
the revocation of the 1997 ozone NAAQS and the anti-backsliding
requirements that apply when the 1997 ozone NAAQS are revoked.
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III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and, (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the
General Preamble for the Implementation of title I of the CAA
Amendments of 1990 (57 FR 13498), and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.

IV. Why is EPA proposing these actions?

    On December 11, 2015, the State of Mississippi, through MDEQ,
requested that EPA redesignate the Mississippi portion of the Memphis,
TN-MS-AR Area to attainment for the 2008 8-hour ozone NAAQS. EPA's
evaluation indicates that the entire Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS, and that the Mississippi portion
of the Memphis, TN-MS-AR Area meets the requirements for redesignation
as set forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. As a result, EPA is
proposing to take the three related actions summarized in section I of
this notice.

V. What is EPA's analysis of the request?

    As stated previously, in accordance with the CAA, EPA proposes in
this action to: (1) Determine that the Memphis, TN-MS-AR Area is
attaining the 2008 8-hour ozone NAAQS; (2) approve the Mississippi
portion of the Memphis, TN-MS-AR Area's 2008 8-hour ozone NAAQS
maintenance plan, including the associated MVEBs, into the Mississippi
SIP; and (3) redesignate the Mississippi portion of the Memphis, TN-MS-
AR Area to attainment for the 2008 8-hour ozone NAAQS. The five
redesignation criteria provided under CAA section 107(d)(3)(E) are
discussed in greater detail for the Area in the following paragraphs of
this section.

Criteria (1)--The Memphis, TN-MS-AR Area has Attained the 2008 8-Hour
Ozone NAAQS

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). For ozone, an area may be
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15
and Appendix I of part 50, based on three complete, consecutive
calendar years of quality-assured air

quality monitoring data. To attain the NAAQS, the 3-year average of the
fourth-highest daily maximum 8-hour average ozone concentrations
measured at each monitor within an area over each year must not exceed
0.075 ppm. Based on the data handling and reporting convention
described in 40 CFR part 50, Appendix I, the NAAQS are attained if the
design value is 0.075 ppm or below. The data must be collected and
quality-assured in accordance with 40 CFR part 58 and recorded in the
EPA Air Quality System (AQS). The monitors generally should have
remained at the same location for the duration of the monitoring period
required for demonstrating attainment.
    In this action, EPA is proposing to determine that the Memphis, TN-
MS-AR Area is attaining the 2008 8-hour ozone NAAQS. EPA reviewed ozone
monitoring data from monitoring stations in the Memphis, TN-MS-AR Area
for the 2008 8-hour ozone NAAQS for 2012-2014, and the design values
for each monitor in the Area are less than 0.075 ppm. These data have
been quality-assured, are recorded in Aerometric Information Retrieval
System (AIRS-AQS), and indicate that the Area is attaining the 2008 8-
hour ozone NAAQS. The fourth-highest 8-hour ozone values at each
monitor for 2012, 2013, 2014, and the 3-year averages of these values
(i.e., design values), are summarized in Table 1, below.

                  Table 1--2012-2014 Design Value Concentrations for the Memphis, TN-MS-AR Area
                                                      [ppm]
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                                                       4th Highest 8-hour ozone value (ppm)        3-Year design
                                                 ------------------------------------------------  values (ppm)
           Location                   Site                                                       ---------------
                                                       2012            2013            2014          2012-2014
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DeSoto, MS....................  Hernando........           0.075           0.065           0.067           0.069
Shelby, TN....................  Frayser.........           0.083           0.069           0.067           0.073
Shelby, TN....................  Orgill Park.....           0.084           0.063           0.065           0.070
Shelby, TN....................  Shelby Farms....           0.086           0.069           0.066           0.073
Crittenden, AR................  Marion..........           0.079           0.067           0.067           0.071
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    The 3-year design value for 2012-2014 for the Memphis, TN-MS-AR
Area is 0.073 ppm,\3\ which meets the NAAQS. EPA has reviewed 2015
preliminary monitoring data for the Area, and that data indicates that
the Area continues to attain.\4\ In this action, EPA is proposing to
determine that Memphis, TN-MS-AR Area is attaining the 2008 8-hour
ozone NAAQS. EPA will not take final action to approve the
redesignation if the 3-year design value exceeds the NAAQS prior to EPA
finalizing the redesignation. As discussed in more detail below, the
State of Mississippi has committed to continue monitoring in this Area
in accordance with 40 CFR part 58.
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    \3\ The highest 3-year design value at a monitoring station is
considered the design value for the Area.
    \4\ This preliminary data is available at EPA's air data Web
site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_files.html#Daily.
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Criteria (2)--Mississippi Has a Fully Approved SIP Under Section 110(k)
for the Mississippi Portion of the Memphis, TN-MS-AR Area; and Criteria
(5)--Mississippi Has Met All Applicable Requirements Under Section 110
and Part D of Title I of the CAA

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Mississippi has met all applicable SIP
requirements for the Mississippi portion of the Area under section 110
of the CAA (general SIP requirements) for purposes of redesignation.
Additionally, EPA proposes to find that the Mississippi SIP satisfies
the criterion that it meets applicable SIP requirements for purposes of
redesignation under part D of title I of the CAA in accordance with
section 107(d)(3)(E)(v). Further, EPA proposes to determine that the
SIP is fully approved with respect to all requirements applicable for
purposes of redesignation in accordance with section 107(d)(3)(E)(ii).
In making these determinations, EPA ascertained which requirements are
applicable to the Area and, if applicable, that they are fully approved
under section 110(k). SIPs must be fully approved only with respect to
requirements that were applicable prior to submittal of the complete
redesignation request.
a. The Mississippi Portion of the Memphis, TN-MS-AR Area Has Met All
Applicable Requirements Under Section 110 and Part D of the CAA
    General SIP requirements. General SIP elements and requirements are
delineated in section 110(a)(2) of title I, part A of the CAA. These
requirements include, but are not limited to, the following: Submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (NSR permit programs); provisions for air pollution
modeling; and provisions for public and local agency participation in
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
    In addition, EPA believes that other section 110(a)(2) elements
that are

neither connected with nonattainment plan submissions nor linked with
an area's attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110(a)(2) and
part D requirements which are linked with a particular area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. This approach is consistent with
EPA's existing policy on applicability (i.e., for redesignations) of
conformity and oxygenated fuels requirements, as well as with section
184 ozone transport requirements. See Reading, Pennsylvania, proposed
and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR
24826, May 7, 2008); Cleveland-Akron-Loraine, Ohio, final rulemaking
(61 FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60
FR 62748, December 7, 1995). See also the discussion on this issue in
the Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and
in the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October
19, 2001).
    EPA has reviewed Mississippi's SIP and has concluded that it meets
the general SIP requirements under section 110(a)(2) of the CAA to the
extent they are applicable for purposes of redesignation. EPA has
previously approved provisions of Mississippi's SIP addressing CAA
section 110(a)(2) requirements including provisions addressing the 2008
ozone NAAQS. See 80 FR 11131 (March 2, 2015); 80 FR 14019 (March 18,
2015). These requirements are, however, statewide requirements that are
not linked to the ozone nonattainment status of the Area. Therefore,
EPA believes that these SIP elements are not applicable requirements
for purposes of review of Mississippi's ozone redesignation request.
    Title I, Part D, applicable SIP requirements. Section 172(c) of the
CAA sets forth the basic requirements of attainment plans for
nonattainment areas that are required to submit them pursuant to
section 172(b). Subpart 2 of part D, which includes section 182 of the
CAA, establishes specific requirements for ozone nonattainment areas
depending on the area's nonattainment classification. As provided in
Subpart 2, a marginal ozone nonattainment area, such as the Memphis,
TN-MS-AR Area, must submit an emissions inventory that complies with
section 172(c)(3), but the specific requirements of section 182(a)
apply in lieu of the demonstration of attainment (and contingency
measures) required by section 172(c). 42 U.S.C. 7511a(a). A thorough
discussion of the requirements contained in sections 172(c) and 182 can
be found in the General Preamble for Implementation of Title I (57 FR
13498).
    Section 182(a) Requirements. Section 182(a)(1) requires states to
submit a comprehensive, accurate, and current inventory of actual
emissions from sources of VOC and NOX emitted within the
boundaries of the ozone nonattainment area. Mississippi provided an
emissions inventory for the Memphis, TN-MS-AR Area to EPA in a January
14, 2015, SIP submission. On July 2, 2015, EPA published a direct final
rule approving this emissions inventory into the SIP. See 80 FR 37985.
    Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC RACT rules that were required under
section 172(b)(3) of the CAA (and related guidance) prior to the 1990
CAA amendments. The Mississippi portion of the Memphis, TN-MS-AR Area
is not subject to the section 182(a)(2) RACT ``fix up'' because the
Area was designated as nonattainment after the enactment of the 1990
CAA amendments.
    Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented, or was required to implement, an
inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision providing for an I/M program no
less stringent than that required prior to the 1990 amendments or
already in the SIP at the time of the amendments, whichever is more
stringent. The Mississippi portion of the Memphis, TN-MS-AR Area is not
subject to the section 182(a)(2)(B) requirement because it was
designated as nonattainment after the enactment of the 1990 CAA
amendments and did not have an I/M program in place prior to those
amendments.
    Regarding the permitting and offset requirements of section
182(a)(2)(C) and section 182(a)(4), Mississippi does not have an
approved part D NSR program in place. However, EPA has determined that
areas being redesignated need not comply with the requirement that a
NSR program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR, because PSD
requirements will apply after redesignation. A more detailed rationale
for this view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' Mississippi's PSD program will become
applicable in the Memphis, TN-MS-AR Area upon redesignation to
attainment.
    Section 182(a)(3) requires states to submit periodic inventories
and emissions statements. Section 182(a)(3)(A) requires states to
submit a periodic inventory every three years. As discussed later on in
the section of this notice titled Criteria (4)(e), Verification of
Continued Attainment, the State will continue to update its emissions
inventory at least once every three years. Under section 182(a)(3)(B),
each state with an ozone nonattainment area must submit a SIP revision
requiring emissions statements to be submitted to the state by sources
within that nonattainment area. Mississippi provided a SIP revision to
EPA on August 28, 2015, addressing the section 182(a)(3)(B) emissions
statements requirement, and on January 12, 2016, EPA published a final
rule approving this SIP revision. See 81 FR 1320.
    Section 176 Conformity Requirements. Section 176(c) of the CAA
requires states to establish criteria and procedures to ensure that
federally supported or funded projects conform to the air quality
planning goals in the applicable SIP. The requirement to determine
conformity applies to transportation plans, programs, and projects that
are developed, funded, or approved under title 23 of the United States
Code (U.S.C.) and the Federal Transit Act (transportation conformity)
as well as to all other federally supported or funded projects (general
conformity). State transportation conformity SIP revisions must be
consistent with Federal conformity regulations relating to
consultation, enforcement, and enforceability that EPA promulgated
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \5\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state rules have not been
approved. See Wall v.

EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this interpretation); see
also 60 FR 62748 (December 7, 1995) (redesignation of Tampa, Florida).
Nonetheless, Mississippi has an approved conformity SIP for the
Mississippi portion of the Memphis, TN-MS-AR Area. See 78 FR 67952
(November 13, 2013). Thus, EPA proposes that the Mississippi portion of
the Memphis, TN-MS-AR Area has satisfied all applicable requirements
for purposes of redesignation under section 110 and part D of title I
of the CAA.
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    \5\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from the MVEBs that are established in control
strategy SIPs and maintenance plans.
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b. The Mississippi Portion of the Memphis, TN-MS-AR Area Has a Fully
Approved Applicable SIP Under Section 110(k) of the CAA
    As discussed previously, EPA has fully approved the State's SIP for
the Mississippi portion of the Memphis, TN-MS-AR Area under section
110(k) of the CAA for all requirements applicable for purposes of
redesignation. See, e.g., 80 FR 11131 (March 2, 2015); 80 FR 14019
(March 18, 2015). EPA may rely on prior SIP approvals in approving a
redesignation request (see Calcagni Memorandum at p. 3; Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any additional measures it may approve
in conjunction with a redesignation action (see 68 FR 25426 (May 12,
2003) and citations therein). EPA believes that the section 110
elements that are neither connected with nonattainment plan submissions
nor linked to an area's nonattainment status are not applicable
requirements for purposes of redesignation, and EPA has approved all
part D requirements applicable for purposes of this redesignation. See
80 FR 37985 (July 2, 2015) and 80 FR 1320 (January 12, 2016).

Criteria (3)--The Air Quality Improvement in the Memphis, TN-MS-AR Area
Is Due to Permanent and Enforceable Reductions in Emissions Resulting
From Implementation of the SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable Federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that
Mississippi has demonstrated that the observed air quality improvement
in the Memphis, TN-MS-AR Area is due to permanent and enforceable
reductions in emissions resulting from Federal measures. EPA proposes
to agree with the State's conclusion that meteorology has not had a
significant role in the steady decline in ozone concentrations in the
Area.\6\
---------------------------------------------------------------------------

    \6\ The State compared temperature and wind data for each of the
design value attainment years (2012-2014) with the 30-year averages
for the Area. See pp.10-15 of Mississippi's December 11, 2015,
submission for the State's meteorological analysis.
---------------------------------------------------------------------------

    Federal measures enacted in recent years have resulted in permanent
emission reductions. The Federal measures that have been implemented
include the following:
    Tier 2 vehicle and fuel standards. Implementation began in 2004 and
requires all passenger vehicles in any manufacturer's fleet to meet an
average standard of 0.07 grams of NOX per mile.
Additionally, in January 2006 the sulfur content of gasoline was
required to be on average 30 ppm which assists in lowering the
NOX emissions. Most gasoline sold in Mississippi prior to
January 2006 had a sulfur content of about 300 ppm.\7\ EPA expects that
these standards will reduce NOX emissions from vehicles by
approximately 74 percent by 2030, translating to nearly 3 million tons
annually by 2030.\8\
---------------------------------------------------------------------------

    \7\ Mississippi also identified Tier 3 Motor Vehicle Emissions
and Fuel Standards as a federal measure. EPA issued this rule in
April 28, 2014, which applies to light duty passenger cars and
trucks. EPA promulgated this rule to reduce air pollution from new
passenger cars and trucks beginning in 2017. Tier 3 emission
standards will lower sulfur content of gasoline and lower the
emissions standards.
    \8\ EPA, Regulatory Announcement, EPA420-F-99-051 (December
1999), available at: http://www.epa.gov/tier2/documents/f99051.pdf.
---------------------------------------------------------------------------

    Large non-road diesel engines rule. This rule was promulgated in
2004, and is being phased in between 2008 through 2014. This rule will
also reduce the sulfur content in the nonroad diesel fuel. When fully
implemented, this rule will reduce NOX, VOC, particulate
matter, and carbon monoxide. These emission reductions are federally
enforceable. EPA issued this rule in June 2004, which applies to diesel
engines used in industries, such as construction, agriculture, and
mining. It is estimated that compliance with this rule will cut
NOX emissions from non-road diesel engines by up to 90
percent nationwide.
    Heavy-duty gasoline and diesel highway vehicle standards. EPA
issued this rule in January 2001 (66 FR 5002). This rule includes
standards limiting the sulfur content of diesel fuel, which went into
effect in 2004. A second phase took effect in 2007, which further
reduced the highway diesel fuel sulfur content to 15 ppm, leading to
additional reductions in combustion NOX and VOC emissions.
EPA expects that this rule will achieve a 95 percent reduction in
NOX emissions from diesel trucks and buses and will reduce
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty
vehicles that comply with these emission standards.\9\
---------------------------------------------------------------------------

    \9\ 66 FR 5002, 5012 (January 18, 2001). Mississippi also
identified Federal rules requiring manufacturers to install on-board
diagnostic (OBD) systems for heavy-duty vehicles and for engines
certified for use in heavy-duty vehicles. EPA promulgated these
rules to help ensure that the projected benefits from the relevant
federal vehicle emissions standards are realized.
---------------------------------------------------------------------------

    Nonroad spark-ignition engines and recreational engines standards.
The nonroad spark-ignition and recreational engine standards, effective
in July 2003, regulate NOX, hydrocarbons, and carbon
monoxide from groups of previously unregulated nonroad engines. These
engine standards apply to large spark-ignition engines (e.g., forklifts
and airport ground service equipment), recreational vehicles (e.g.,
off-highway motorcycles and all-terrain-vehicles), and recreational
marine diesel engines sold in the United States and imported after the
effective date of these standards. When all of the nonroad spark-
ignition and recreational engine standards are fully implemented, an
overall 72 percent reduction in hydrocarbons, 80 percent reduction in
NOX, and 56 percent reduction in carbon monoxide emissions
are expected by 2020. These controls reduce ambient concentrations of
ozone, carbon monoxide, and fine particulate matter.
    National Program for greenhouse gas (GHG) emissions and Fuel
Economy Standards. The federal GHG and fuel economy standards apply to
light-duty cars and trucks in model years 2012-2016 (phase 1) and 2017-
2025 (phase 2). The final standards are projected to result in an
average industry fleet-wide level of 163 grams/mile of carbon dioxide
which is equivalent to 54.5 miles per gallon if achieved exclusively
through fuel economy improvements. The fuel economy standards result in
less fuel being consumed, and therefore less NOX emissions
released.
    EPA proposes to find that the improvements in air quality in the
Memphis, TN-MS-AR Area are due to real, permanent and enforceable
reductions in NOX and VOC emissions resulting from Federal
measures.

Criteria (4)--The Mississippi Portion of the Memphis, TN-MS-AR Area Has
a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Mississippi portion of the Memphis, TN-MS-AR Area to attainment for the
2008 8-hour ozone NAAQS, MDEQ submitted a SIP revision to provide for
the maintenance of the 2008 8-hour ozone NAAQS for at least 10 years
after the effective date of redesignation to attainment. EPA believes
that this maintenance plan meets the requirements for approval under
section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future 2008 8-hour ozone violations. The Calcagni Memorandum
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
The attainment emissions inventory, maintenance demonstration,
monitoring, verification of continued attainment, and a contingency
plan. As is discussed more fully below, EPA has preliminarily
determined that Mississippi's maintenance plan includes all the
necessary components and is thus proposing to approve it as a revision
to the Mississippi SIP.
b. Attainment Emissions Inventory
    EPA is proposing to determine that the Memphis, TN-MS-AR Area has
attained the 2008 8-hour ozone NAAQS based on quality-assured
monitoring data for the 3-year period from 2012-2014, and is continuing
to attain the standard based on preliminary 2015 data. Mississippi
selected 2012 as the base year (i.e., attainment emissions inventory
year) for developing a comprehensive emissions inventory for
NOX and VOC, for which projected emissions could be
developed for 2017, 2020, and 2027. The attainment inventory identifies
a level of emissions in the Area that is sufficient to attain the 2008
8-hour ozone NAAQS. Mississippi began development of the attainment
inventory by first generating a baseline emissions inventory for the
State's portion of the Memphis, TN-MS-AR Area. The projected summer day
emission inventories have been estimated using projected rates of
growth in population, traffic, economic activity, and other parameters.
In addition to comparing the final year of the plan (2027) to the base
year (2012), Mississippi compared interim years to the baseline to
demonstrate that these years are also expected to show continued
maintenance of the 2008 8-hour ozone standard.
    The emissions inventory is composed of four major types of sources:
Point, area, on-road mobile, and non-road mobile. Complete descriptions
of how the inventories were developed are located in Appendix A through
Appendix D of the December 11, 2015 submittal, which can be found in
the docket for this action. Point source emissions are tabulated from
data collected by direct on-site measurements of emissions or from mass
balance calculations utilizing approved emission factors. For each
projected year's inventory, point sources are adjusted by growth
factors based on Standard Industrial Classification codes generated
using growth patterns obtained from County Business Patterns. For Title
V sources, the actual 2012 emissions were used. Rail yard and airport
emissions reported were obtained from the EPA's 2011 National Emission
Inventory.
    For area sources, emissions are estimated by multiplying an
emission factor by some known indicator of collective activity such as
production, number of employees, or population. For each projected
year's inventory, area source emissions are changed by population
growth, projected production growth, or estimated employment growth.
    The non-road mobile sources emissions are calculated using
NONROAD2008 within EPA's Motor Vehicle Emission Simulator (MOVES2014)
model, with the exception of the railroad locomotives which were
estimated by taking activity and multiplying by an emission factor. For
each projected year's inventory, the emissions are estimated using
EPA's MOVES2014 model with activity input such as projected landing and
takeoff data for aircraft.
    For on-road mobile sources, EPA's MOVES2014 mobile model is run to
generate emissions. The MOVES2014 model includes the road class vehicle
miles traveled (VMT) as an input file and can directly output the
estimated emissions. For each projected year's inventory, the on-road
mobile sources emissions are calculated by running the MOVES mobile
model for the future year with the projected VMT to generate emissions
that take into consideration expected Federal tailpipe standards, fleet
turnover, and new fuels.
    The 2012 NOX and VOC emissions for the Mississippi
portion of the Memphis, TN-MS-AR Area, as well as the emissions for
other years, were developed consistent with EPA guidance and are
summarized in Tables 2 through 3 of the following subsection discussing
the maintenance demonstration. See Appendix B through Appendix D of the
December 11, 2015, submission for more detailed information on the
emissions inventory.
c. Maintenance Demonstration
    The maintenance plan associated with the redesignation request
includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the 2008 8-hour ozone
NAAQS by providing information to support the demonstration that
current and future emissions of NOX and VOC remain at or
below 2012 emissions levels.
    (ii) Uses 2012 as the attainment year and includes future emissions
inventory projections for 2017, 2020, and 2027.
    (iii) Identifies an ``out year'' at least 10 years after the time
necessary for EPA to review and approve the maintenance plan. Per 40
CFR part 93, NOX and VOC MVEBs were established for the last
year (2027) of the maintenance plan (see section VII below).
    (iv) Provides actual (2012) and projected emissions inventories, in
tons per summer day (tpsd), for the Mississippi portion of the Memphis,
TN-MS-AR Area, as shown in Tables 2 and 3, below.

    Table 2--Actual and Projected Average Summer Day NOX Emissions (tpsd) for the Mississippi Portion of the
                                             Memphis, TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            1.78            1.81            1.83            1.89
Area............................................            1.24            1.25            1.25            1.24
Non-road........................................            2.89            2.29            2.06            1.78
On-road.........................................            8.66            5.34            3.53            2.74
                                                 ---------------------------------------------------------------
    Total.......................................           14.57           10.68            8.68            7.65
----------------------------------------------------------------------------------------------------------------

    Table 3--Actual and Projected Average Summer Day VOC Emissions (tpsd) for the Mississippi Portion of the
                                             Memphis, TN-MS-AR Area
----------------------------------------------------------------------------------------------------------------
                     Sector                            2012            2017            2020            2027
----------------------------------------------------------------------------------------------------------------
Point...........................................            0.84            0.77            0.77            0.79
Area............................................            6.49            6.57            6.59            6.54
Non-road........................................            1.86            1.41            1.33            1.28
On-road.........................................            5.75            3.92            2.51            2.54
                                                 ---------------------------------------------------------------
    Total.......................................           14.94           12.67           11.19           11.15
----------------------------------------------------------------------------------------------------------------

    Tables 2 and 3 summarize the 2012 and future projected emissions of
NOX and VOC from the Mississippi portion of the Memphis, TN-
MS-AR Area. In situations where local emissions are the primary
contributor to nonattainment, such as the Memphis, TN-MS-AR Area, if
the future projected emissions in the nonattainment area remain at or
below the baseline emissions in the nonattainment area, then the
ambient air quality standard should not be exceeded in the future.
Mississippi has projected emissions as described previously and
determined that emissions in the Mississippi portion of the Memphis,
TN-MS-AR Area will remain below those in the attainment year inventory
for the duration of the maintenance plan.
    As discussed in section VI of this proposed rulemaking, a safety
margin is the difference between the attainment level of emissions
(from all sources) and the projected level of emissions (from all
sources) in the maintenance plan. The attainment level of emissions is
the level of emissions during one of the years in which the area met
the NAAQS. Mississippi selected 2012 as the attainment emissions
inventory year for the Mississippi portion of the Memphis, TN-MS-AR
Area. Mississippi calculated safety margins in its submittal for years
2017, 2020, and 2027. The State has allocated a portion of the 2027
safety margin to the 2027 MVEBs for the Memphis, TN-MS-AR Area.

 Table 4--Safety Margins for the Mississippi Portion of the Memphis, TN-
                               MS-AR Area
------------------------------------------------------------------------
                  Year                       VOC (tpd)       NOX (tpd)
------------------------------------------------------------------------
2017....................................            2.27            3.89
2020....................................            3.75            5.90
2027....................................            3.79            6.92
------------------------------------------------------------------------

    The State has decided to allocate a portion of the available safety
margin to the 2027 MVEBs to allow for unanticipated growth in VMT,
changes and uncertainty in vehicle mix assumptions, etc., that will
influence the emission estimations. MDEQ has allocated 5.26 tpd of the
NOX safety margin to the 2027 NOX MVEB and 2.46
tpd of the VOC safety margin to the 2027 VOC MVEB. After allocation of
the available safety margin, the remaining safety margin is 1.66 tpd
for NOX and 1.33 tpd for VOC. This allocation and the
resulting available safety margin for the Mississippi portion of the
Memphis, TN-MS-AR Area are discussed further in section VI of this
proposed rulemaking along with the MVEBs to be used for transportation
conformity proposes.
d. Monitoring Network
    There are five monitors measuring ozone in the Memphis, TN-MS-AR
Area, of which one is located in the Mississippi portion of the
Memphis, TN-MS-AR Area. In its maintenance plan, Mississippi has
committed to continue operation of the monitor in the Mississippi
portion of the Memphis, TN-MS-AR Area in compliance with 40 CFR part 58
and has thus addressed the requirement for monitoring. EPA approved
Mississippi's monitoring plan on November 7, 2014.
e. Verification of Continued Attainment
    The State of Mississippi, through MDEQ, has the legal authority to
enforce and implement the maintenance plan for the Mississippi portion
of the Area. This includes the authority to adopt, implement, and
enforce any subsequent emissions control contingency measures
determined to be necessary to correct future ozone attainment problems.
The State has committed to track the progress of the maintenance plan
by updating its emissions inventory at least once every three years and
reviewing the updated emissions inventories for the area using the
latest emissions factors, models, and methodologies.
    Additionally, under the Consolidated Emissions Reporting Rule
(CERR) and Air Emissions Reporting Requirements (AERR), MDEQ is
required to develop a comprehensive, annual, statewide emissions
inventory every three years that is due twelve to eighteen months after
the completion of the inventory year. The AERR inventory years match
the base year and final year of the inventory for the maintenance plan,
and are within one or two years of the interim inventory years of the
maintenance plan. Therefore, MDEQ commits to compare the CERR and AERR
inventories as they are developed with the maintenance plan to
determine if additional steps are necessary for continued maintenance
of the 2008 8-hour ozone NAAQS in this Area.

f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. A state
should also identify specific indicators to be used to determine when
the contingency measures need to be implemented. The maintenance plan
must include a requirement that a state will implement all measures
with respect to control of the pollutant that were contained in the SIP
before redesignation of the area to attainment in accordance with
section 175A(d).
    The contingency plan included in the submittal includes a
triggering mechanism to determine when contingency measures are needed
and a process of developing and implementing appropriate control
measures. The primary trigger is a violation of the 2008 8-hour ozone
NAAQS (i.e., when the three-year average of the 4th highest values is
equal to or greater than 0.076 ppm at a monitor in the Area). If the
quality assured/quality controlled (QA/QC) data indicates a violating
design value, the trigger date will be the date of the design value
violation and not the final QA/QC date. If the initial monitoring data
indicates a possible violation but later QA/QC indicates that a
violation did not occur, then a triggering event will not have occurred
and contingency measures will not be implemented. The secondary trigger
is activated when MDEQ forecasts ozone levels above the 2008 8-hour
ozone NAAQS although no actual violation of the 2008 8-hour ozone NAAQS
has occurred.
    Once the primary or secondary trigger is activated, the MDEQ, shall
commence analyses including an emissions inventory assessment to
determine those emission control measures that will be required for
attaining or maintaining the 2008 8-hour ozone NAAQS. At least one of
the following contingency measures will be adopted and implemented
within 18 to 24 months upon a primary triggering event:
     Implementation of diesel retrofit programs, including
incentives for performing retrofits for fleet vehicle operations;
     Voluntary engine idling reduction programs;
     MDEQ will work with Mississippi Department of
Transportation to have air quality alerts posted on the Intelligent
Transportation System boards located in DeSoto County encouraging
motorists to take actions to reduce emissions when forecasted ozone
levels will exceed; and
     Other measures deemed appropriate at the time as a result
of advances in control technologies.\10\
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    \10\ If the State adopts a voluntary emission reduction measure
as a contingency measure necessary to attain or maintain the NAAQS,
EPA will evaluate approvability in accordance with relevant Agency
guidance regarding the incorporation of voluntary measures into
SIPs. See, e.g., Memorandum from Richard D. Wilson, Acting
Administrator for Air and Radiation, to EPA Regional Administrators
re: Guidance on Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans (SIPs) (October 24,
1997); EPA, Office of Air and Radiation, Incorporating Emerging and
Voluntary Measures in a State Implementation Plan (SIP) (September
2004).
---------------------------------------------------------------------------

    If the secondary trigger is activated, MDEQ will suspend all open
burning permits within the County until the forecast shows improvement.
    EPA preliminarily concludes that the maintenance plan adequately
addresses the five basic components of a maintenance plan: the
attainment emissions inventory, maintenance demonstration, monitoring,
verification of continued attainment, and a contingency plan.
Therefore, EPA proposes that the maintenance plan SIP revision
submitted by Mississippi for the State's portion of the Area meets the
requirements of section 175A of the CAA and is approvable.

VI. What is EPA's analysis of Mississippi's proposed NOX and
VOC MVEBs for the Mississippi portion of the 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
requirements) and maintenance plans create MVEBs (or in this case sub-
area 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 62188). The preamble also describes how to establish the MVEB in
the SIP and how to revise the MVEB.
    As part of the interagency consultation process on setting MVEBs,
MDEQ held discussions to determine what years to set MVEBs for the
Memphis, TN-MS-AR maintenance plan. According to the transportation
conformity rule, a maintenance plan must establish MVEBs for the last
year of the maintenance plan (in this case, 2027). See 40 CFR 93.118.
Table 5, below, provides the NOX and VOC MVEBs for 2027.

Table 5--MVEBs for the Mississippi Portion of the Memphis, TN-MS-AR Area
                                  [tpd]
------------------------------------------------------------------------
                                                       2027
                                         -------------------------------
                                                NOX             VOC
------------------------------------------------------------------------
Base Year On-Road Emissions.............            2.74            2.54
Safety Margin Allocated to MVEB.........            5.26            2.46
Conformity MVEB.........................            8.00            5.00
------------------------------------------------------------------------

    As mentioned previously, Mississippi has chosen to allocate a
portion of the available safety margin to the NOX and VOC
MVEBs for 2027. As discussed in section V of this proposed rulemaking
notice, a safety margin is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The attainment level of
emissions is the level of emissions during one of the years in which
the area met the NAAQS. As discussed previously, Mississippi has
selected 2012 as the base year.
    Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and VOC for 2027 for the Mississippi portion of the
Memphis, TN-MS-AR Area because EPA believes that the Area maintains the
2008 8-hour ozone NAAQS with the emissions at the levels of the
budgets. Once the MVEBs for the Mississippi portion of the Memphis, TN-
MS-AR Area are approved or found adequate (whichever is completed
first), they must be used for future conformity determinations. After
thorough review, EPA has preliminary determined that the budgets meet
the adequacy criteria, as outlined in 40 CFR 93.118(e)(4), and is
proposing to approve the budgets because they are consistent with
maintenance of the 2008 8-hour ozone NAAQS through 2027.

VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for the Mississippi portion of
the area?

    When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA may affirmatively find the MVEB contained
therein adequate for use in determining transportation conformity. Once
EPA affirmatively finds the submitted MVEB is adequate for
transportation conformity purposes, that MVEB must be used by state and
Federal agencies in determining whether proposed transportation
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: public notification of a SIP submission,
a public comment period, and EPA's adequacy determination. This process
for determining the adequacy of submitted MVEBs for transportation
conformity purposes was initially outlined in EPA's May 14, 1999,
guidance, ``Conformity Guidance on Implementation of March 2, 1999,
Conformity Court Decision.'' EPA adopted regulations to codify the
adequacy process in the Transportation Conformity Rule Amendments for
the ``New 8-Hour Ozone and PM2.5 National Ambient Air
Quality Standards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional
information on the adequacy process for transportation conformity
purposes is available in the proposed rule entitled, ``Transportation
Conformity Rule Amendments: Response to Court Decision and Additional
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Mississippi's maintenance plan includes
NOX and VOC MVEBs for the Mississippi portion of the
Memphis, TN-MS-AR Area for 2027, the last year of the maintenance plan.
EPA is reviewing the NOX and VOC MVEBs through the adequacy
process. The NOX and VOC MVEBs for the Mississippi portion
of the Memphis, TN-MS-AR Area, opened for public comment on EPA's
adequacy Web site on November 2, 2015, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment
period on adequacy for the 2027 MVEBs for the Mississippi portion of
the Memphis, TN-MS-AR Area closed on December 2, 2015. No comments,
adverse or otherwise, were received during EPA's adequacy process for
the MVEBs associated with Mississippi's maintenance plan.
    EPA intends to make its determination on the adequacy of the 2027
MVEBs for the Mississippi portion of the Memphis, TN-MS-AR Area for
transportation conformity purposes in the near future by completing the
adequacy process that was started on November 2, 2015. After EPA finds
the 2027 MVEBs adequate or approves them, the new MVEBs for
NOX and VOC must be used for future transportation
conformity determinations. For required regional emissions analysis
years for 2027 and beyond, the applicable budgets will be the new 2027
MVEBs established in the maintenance plan, as defined in section V of
this proposed rulemaking.

VIII. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take
final action on the issues being proposed for approval. Approval of
Mississippi's redesignation request would change the legal designation
of the portion of DeSoto County that is within the Memphis, TN-MS-AR
Area, as found at 40 CFR part 81, from nonattainment to attainment for
the 2008 8-hour ozone NAAQS. Approval of Mississippi's associated SIP
revision would also incorporate a plan for maintaining the 2008 8-hour
ozone NAAQS in the Memphis, TN-MS-AR Area through 2027 into the SIP.
This maintenance plan includes contingency measures to remedy any
future violations of the 2008 8-hour ozone NAAQS and procedures for
evaluation of potential violations. The maintenance plan also
establishes NOX and VOC MVEBs for 2027 for the Mississippi
portion of the Memphis, TN-MS-AR Area. The MVEBs are listed in Table 5
of this document. Additionally, EPA is notifying the public of the
status of EPA's adequacy determination for the newly-established
NOX and VOC MVEBs for 2027 for the Mississippi portion of
the Memphis, TN-MS-AR Area.

IX. Proposed Actions

    EPA is taking three separate but related actions regarding the
redesignation and maintenance of the 2008 8-hour ozone NAAQS for the
Mississippi portion of the Memphis, TN-MS-AR Area. First, EPA is
proposing to determine that the entire Memphis, TN-MS-AR Area is
attaining the 2008 8-hour ozone NAAQS. Second,

EPA is proposing to approve the maintenance plan for the Mississippi
portion of the Area, including the NOX and VOC MVEBs for
2027, into the Mississippi SIP. The maintenance plan demonstrates that
the Area will continue to maintain the 2008 8-hour ozone NAAQS and that
the budgets meet all of the adequacy criteria contained in 40 CFR
93.118(e)(4) and (5). Third, EPA is proposing to determine that the
Mississippi portion of the Memphis, TN-MS-AR Area has met the criteria
under CAA section 107(d)(3)(E) for redesignation from nonattainment to
attainment for the 2008 8-hour ozone NAAQS. Further, as part of this
action, EPA is describing the status of its adequacy determination for
the NOX and VOC MVEBs for 2027 in accordance with 40 CFR
93.118(f)(2). Within 24 months from the effective date of EPA's
adequacy determination for the MVEBs or the publication date for the
final rule for this action, whichever is earlier, the transportation
partners will need to demonstrate conformity to the new NOX
and VOC MVEBs pursuant to 40 CFR 93.104(e).
    If finalized, approval of the redesignation request would change
the official designation of the portion of DeSoto County that is within
the Memphis, TN-MS-AR Area, as found at 40 CFR part 81, from
nonattainment to attainment for the 2008 8-hour ozone NAAQS.

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For this reason, these
proposed actions:
     Are 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);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: January 28, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-02725 Filed 2-10-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Proposed Rules]
[Pages 51923-51926]
[FR Doc No: 2014-20787]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0450; FRL-9916-05-Region 9]

Approval and Promulgation of Implementation Plans; Arizona;
Nogales Nonattainment Area; Fine Particulate Matter Emissions
Inventories

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Arizona State Implementation Plan (SIP)
concerning 2008 and 2010 emissions inventories for the 2006 24-hour
fine particle (PM2.5) National Ambient Air Quality Standard
(NAAQS) for the Nogales PM2.5 nonattainment area. We are
approving these annual emissions inventories under the Clean Air Act
(CAA or the Act).

DATES: Any comments must arrive by October 2, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0450, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-Mail<EMAIL_ADDRESS>    3. Mail or Deliver: Jerry Wamsley (Air-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy

materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415)
947-4111<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. Background
    A. PM2.5 NAAQS
    B. Designation of PM2.5 Nonattainment Areas
    C. Submittal Requirements for PM2.5 Nonattainment
Areas
II. Procedural Requirements for SIP Revisions
    A. Submittal for the Nogales Nonattainment Area
III. Analysis of Arizona's Submittal
    A. Nogales Area Emissions Inventories
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

A. PM2.5 NAAQS

    Under section 109 of the CAA, EPA establishes national ambient air
quality standards (NAAQS or ``standards'') for certain pervasive air
pollutants (referred to as ``criteria pollutants'') and conducts
periodic reviews of the NAAQS to determine whether they should be
revised or whether new NAAQS should be established.
    On July 18, 1997, EPA revised the NAAQS for particulate matter to
add new standards for fine particles, using PM2.5 (particles
less than or equal to 2.5 micrometers in diameter) as the indicator for
the pollutant. EPA established primary and secondary annual and 24-hour
standards for PM2.5 (62 FR 38652).\1\ The annual standard
was set at 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a 3-
year average of annual mean PM2.5 concentrations, and the
24-hour standard was set at 65 [mu]g/m\3\, based on the 3-year average
of the 98th percentile of 24-hour PM2.5 concentrations at
each population-oriented monitor within an area.
---------------------------------------------------------------------------

    \1\ For a given air pollutant, ``primary'' national ambient air
quality standards are those determined by EPA as requisite to
protect the public health, and ``secondary'' standards are those
determined by EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated with the
presence of such air pollutant in the ambient air. See CAA section
109(b).
---------------------------------------------------------------------------

    On October 17, 2006, EPA revised the level of the 24-hour
PM2.5 NAAQS to 35 [mu]g/m\3\, based on a 3-year average of
the 98th percentile of 24-hour concentrations (71 FR 61144). In this
same action, EPA also retained the 1997 annual PM2.5
standard at 15.0 [mu]g/m\3\ based on a 3-year average of annual mean
PM2.5 concentrations, but with tighter constraints on the
spatial averaging criteria.

B. Designation of PM2.5 Nonattainment Areas

    Effective December 14, 2009, EPA established the initial air
quality designations for most areas in the United States for the 2006
24-hour PM2.5 NAAQS (74 FR 58688, November 13, 2009). Among
the various areas designated in 2009, EPA designated the Nogales area
in Arizona as nonattainment for the 2006 24-hour PM2.5
NAAQS.\2\ The boundaries for this area are described in 40 CFR 81.303.
---------------------------------------------------------------------------

    \2\ The Nogales PM2.5 nonattainment area covers 76.1
square miles and is located in southern Santa Cruz County, Arizona
adjacent to the international border with Mexico.
---------------------------------------------------------------------------

C. Submittal Requirements for PM2.5 Nonattainment Areas

    Section 172(c)(3) of the CAA requires a state with an area
designated as nonattainment of a standard to submit a comprehensive,
accurate, and current inventory of actual emissions for the
nonattainment area for EPA's review and approval. EPA's requirements
for an emissions inventory for the PM2.5 NAAQS are set forth
in 40 CFR 51.1008.3 4 As applied to the 2006
PM2.5 24-hour NAAQS, this proposal is limited to the
emissions inventories for directly emitted PM2.5 and
PM2.5 precursors submitted by the Arizona Department of
Environmental Quality (ADEQ) for the Nogales nonattainment area, as
required under section 172(c)(3) of the CAA.
---------------------------------------------------------------------------

    \3\ 40 CFR 51.1008(a)(2) and (b) do not apply for the Nogales
area because they relate to requirements for attainment
demonstrations and reasonable further progress (RFP); these
requirements were suspended for the Nogales PM2.5
nonattainment area so long as the area continues to meet the
PM2.5 standard. For further discussion of our Clean Data
Policy as applied to the Nogales area, refer to our proposed rule
(77 FR 65656, October 30, 2012) and final rule (78 FR 887, January
7, 2013).
    \4\ Although the U.S. Court of Appeals for the District of
Columbia (D.C. Circuit) recently remanded this rule and directed EPA
to re-promulgate it pursuant to subpart 4 of part D, title 1 of the
CAA (see Natural Resources Defense Council v. EPA, 706 F.3d 428
(D.C. Cir. 2013)), the court's ruling in this case does not affect
EPA's action on these emissions inventories. Subpart 4 of part D,
title I of the Act contains no specific provision governing
emissions inventories for PM10 or PM2.5
nonattainment areas that supersedes the general emissions inventory
requirement for all nonattainment areas in CAA section 172(c)(3).
See ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498, (April 16, 1992).
---------------------------------------------------------------------------

    On January 7, 2013, EPA finalized a determination that the Nogales
nonattainment area had attained the 2006 24-hour PM2.5 NAAQS
(78 FR 887). This determination of attainment was based upon complete,
quality-assured, and certified ambient air monitoring data showing that
the Nogales nonattainment area had monitored attainment of the 2006 24-
hour PM2.5 NAAQS over three years, from 2009 to 2011. Based
on this determination, the requirements for Arizona to submit an
attainment demonstration, reasonably available control measures, a
reasonable further progress (RFP) plan, and contingency measures for
failure to meet RFP and attainment deadlines were suspended for so long
as the Nogales area continues to attain the 2006 24-hour
PM2.5 NAAQS. The emissions inventory submittal requirement
in CAA section 172(c)(3), however, is not suspended by our
determination of attainment. Consequently, Arizona has submitted the
Nogales area emissions inventories to address the 172(c)(3)
requirement. Please see our October 30, 2012 proposed rule for further
discussion of EPA's Clean Data Policy and its application to the
Nogales nonattainment area (77 FR 65656).

II. Procedural Requirements for SIP Revisions

    Sections 110(a)(1) and 110(l) of the Act require states to provide
reasonable notice and public hearing prior to adoption of SIP
revisions. Section 110(k)(1)(B) requires EPA to determine whether a SIP
submittal is complete within 60 days of receipt, but no later than 6
months after the date of the submittal. Any state submittal that we
have not determined to be complete or incomplete will become complete
by operation of law six months after the day of submittal. A finding of
completeness does not approve the submittal as part of the SIP and it
does not indicate that the submittal is approvable. A completeness
finding starts a twelve month clock for EPA to act on the SIP
submittal. See CAA section 110(k)(2).

A. Submittal for the Nogales Nonattainment Area

    On September 6, 2013, Arizona submitted the 2008 and 2010
PM2.5 emissions inventories for the Nogales nonattainment
area titled ``Arizona State Implementation Plan Revision for the
Nogales PM2.5 Nonattainment Area''.\5\

Arizona's submittal provides documentation of the public review process
followed by the State prior to submitting the emissions inventories to
EPA. The documentation provides evidence that reasonable notice of a
public hearing was provided to the public and that a public hearing was
conducted prior to submittal.\6\ Arizona's submittal of the Nogales
nonattainment area emissions inventories became complete by operation
of law on March 6, 2014.
---------------------------------------------------------------------------

    \5\ See letter from Eric Massey, Director, Air Quality Division,
ADEQ to Jared Blumenfeld, Regional Administrator, USEPA, dated
September 6, 2013 and enclosure titled ``Arizona State
Implementation Plan Revision for the Nogales PM2.5
Nonattainment Area''. Included within Appendix A of this document is
``Primary PM2.5 and Secondary Precursor Emissions
Inventories for 2008 and 2010,'' July 26, 2013, Arizona Department
of Environmental Quality (ADEQ), hereafter referred to as Appendix
A. Because much of the detailed emissions inventory information and
analyses for the submittal document are located within Appendix A,
this document is the substantive focus of this proposal.
    \6\ A public hearing was conducted on September 3, 2013 after 30
days prior notice. See Enclosure 4 of the submittal for public
notice documentation and public hearing transcripts.
---------------------------------------------------------------------------

    Based on the documentation provided in Arizona's SIP revision
submittal, we find that the Nogales area emissions inventories
satisfies the procedural requirements of sections 110(a)(1) and 110(l)
of the Act for revising SIPs.

III. Analysis of Arizona's Submittal

    Section 172(c)(3) of the CAA requires states to submit a
comprehensive, accurate, and current inventory of actual emissions for
each nonattainment area. EPA's requirements for an emissions inventory
for the PM2.5 NAAQS are set forth in 40 CFR 51.1008. For the
PM2.5 NAAQS, the pollutants to be inventoried are
PM2.5 and PM2.5 precursors (i.e., nitrogen oxides
(NOX), volatile organic compounds (VOCs), sulfur dioxide
(SO2), and ammonia (NH3)).\7\
---------------------------------------------------------------------------

    \7\ Emissions Inventory Guidance for Implementation of Ozone and
Particulate Matter National Ambient Air Quality Standards (NAAQS)
and Regional Haze Regulations, EPA-454-/R-05-001, August 2005,
updated November 2005. http://www.epa.gov/ttn/chief/eidocs/eiguid/
eiguidfinalnov2005.pdf.
---------------------------------------------------------------------------

A. Nogales Area Emissions Inventories

    Arizona's submitted Nogales area emissions inventories provide
annual 2008 and 2010 emissions estimates (tons per year) for
PM2.5 and PM2.5 precursors (i.e., NOX,
VOCs, SO2, and NH3). The source categories
include non-road mobile sources, non-point sources, on-road mobile
sources, and point or stationary sources. A summary of the Nogales area
emissions inventories are provided below in Tables 1 and 2. The
detailed Nogales emissions inventories are found in Appendix A of
Arizona's submittal.

                         Table 1--2008 Nogales Nonattainment Area Emissions Inventories
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
         Source category               PM2.5            VOC             NOX             SO2             NH3
----------------------------------------------------------------------------------------------------------------
Non-Road Mobile.................            13.1           158.6           142.7             2.8             0.1
Non-Point.......................           396.0           902.7            48.8            28.3            22.9
On-Road Mobile..................            25.1           426.2           912.9             7.5            14.4
Point/Stationary................             1.4             3.3            11.0             0.5               0
                                 -------------------------------------------------------------------------------
    Totals......................           435.6          1490.8          1115.4            39.1            37.4
----------------------------------------------------------------------------------------------------------------
Entries are rounded consistent with submittal, as such, totals may vary due to rounding. Source: Appendix A,
  Table 6.1.

                         Table 2--2010 Nogales Nonattainment Area Emissions Inventories
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
         Source category               PM2.5            VOC             NOX             SO2             NH3
----------------------------------------------------------------------------------------------------------------
Non-Road Mobile.................            13.1           159.6           142.7             2.8             0.1
Non-Point.......................           399.2           912.6            49.3            28.3            23.0
On-Road Mobile..................            20.1           369.5           743.7             4.6            13.0
Point/Stationary................             1.4             3.3            11.0             0.5               0
                                 -------------------------------------------------------------------------------
    Totals......................           433.9          1445.0           946.8            36.2            36.1
----------------------------------------------------------------------------------------------------------------
Entries are rounded consistent with submittal, as such, totals may vary due to rounding. Source: Appendix A,
  Table 6.1.

    The Nogales area primary PM2.5 and secondary precursor
emissions inventories for 2008 and 2010 include emissions estimates
from non-road mobile, non-point, on-road mobile sources, and point or
stationary sources. ADEQ derived these emissions inventories for 2008
and 2010 from emissions data for Santa Cruz County, Arizona, in EPA's
2008 National Emissions Inventory (NEI) versions 1.5 and 2.0. See
Appendix A, section 3. Using 2008 NEI county-level emissions estimates,
ADEQ allocated the share of nonattainment area emissions from county
level estimates by one of three characteristics and relative
percentages: (1) Human-induced activities/source categories were
allocated by nonattainment area population share, 66.1 percent; (2)
location-based activities/source categories were allocated by
nonattainment area share of land area, 6.15 percent; and, (3) location
specific sources, such as point sources, were fully allocated to the
nonattainment area, as applicable. See Appendix A, Table 3.1 for
population and land area allocation ratios; and, see Appendix A,
section 2 for their derivation. In the case of on-road mobile source
emissions, ADEQ estimated Santa Cruz County emissions separately from
the NEI data using EPA's on-road emissions factor model MOVES2010b and
then allocated county-level emissions to the Nogales area by population
share. ADEQ developed 2010 emissions inventory estimates for the
Nogales nonattainment area from 2008 levels by applying a 2008 to 2010
population-based growth rate of 1.1 percent, relative activity levels,
or held emissions estimates constant, as applicable. See Appendix A,
section 3.4 for ADEQ's 2010 emissions inventories discussion.
    In sum, we find this methodology reasonable and based on reliable
estimates of population and land area. We concur with the overall
methodology, basis for allocating emissions and allocation calculations
used to produce the Nogales emissions

inventories for PM2.5 and the precursor pollutants. ADEQ's
population estimates are Arizona Department of Administration estimates
that have been reconciled with U.S. Census figures. We have verified
the land area allocation ratio using geographical information system
applications. Please see our Technical Support Document (TSD) for our
detailed review and discussion of Arizona's emissions inventories
methodology and results.
    In our review, we compared the ADEQ estimates for PM2.5
and the precursor pollutants with the subsequent and final release of
the 2008 NEI version 3.0. The 2011 NEI version 1.0 was released on
September 30, 2013 and was not available for use by ADEQ. We expected
to find nominal differences between the NEI versions (1.5 and 2.0) used
by ADEQ and the final version (3.0) of the NEI based on corrections and
re-estimates from one version to the next. EPA released the 2008 NEI
version 3.0 in March 2013 prior to Arizona's submittal of the Nogales
emissions inventories in September 2013. While we did not require ADEQ
to use the 2008 NEI version 3.0 given their emissions inventories were
already drafted, we reviewed the submittal against 2008 NEI version 3.0
to ensure that any subsequent version 3.0 corrections or updates are
nominal changes to the submitted emissions inventories.
    We found that the submitted PM2.5, NH3,
NOX, and SO2 emissions inventories,
four of five emissions inventories, show little or no variance from the
2008 NEI version 3.0 emissions inventory, our comparison data base. The
submitted VOC emissions inventory shows a small under-reporting of 3-10
percent when compared either across the Santa Cruz County 2008 NEI
version 3.0 baseline emissions estimates, or to the submitted Nogales
area emissions estimates. This small overall underestimate of VOC
emissions is not significant, and becomes less significant when
considered against an adjusted increase provided by the submitted VOC
on-road mobile emissions inventory compared to the reference 2008 NEI
on-road mobile VOC emissions estimates. In this way, we consider the
adjusted difference in the submitted overall VOC emission inventory and
our reference 2008 NEI version 3.0 VOC emissions inventory to be closer
to 3 percent rather than 10 percent, a small variance in the context of
the overall PM2.5 emissions inventories. For our detailed
review, please see our TSD within the docket of this rulemaking.
    In conclusion, EPA has reviewed the results, procedures, and
methodologies Arizona used to produce the 2008 and 2010 Nogales area
PM2.5 and PM2.5 precursor emissions inventories
and finds that these emissions inventories meet the requirements of the
CAA and EPA guidance. Consequently, we propose to approve the submitted
PM2.5, NH3, NOX, SO2, and
VOC emissions inventories as meeting the CAA's section 172(c)(3)
requirement to provide a comprehensive, accurate, and current inventory
of actual emissions for the Nogales nonattainment area.\8\
---------------------------------------------------------------------------

    \8\ Please note that our review and proposed approval of
Arizona's PM2.5 emissions inventories for the Nogales
nonattainment area, their data sources, and methodologies are
specific to this submittal and may not be applicable to all
PM2.5 nonattainment areas and the related
PM2.5 and precursor emissions inventories.
---------------------------------------------------------------------------

IV. Proposed Action

    EPA is proposing to approve the 2008 and 2010 Nogales nonattainment
area PM2.5 and PM2.5 precursor emissions
inventories submitted by Arizona on September 6, 2013. In doing so, EPA
has determined that Arizona's submittal is consistent with sections 110
and 172(c)(3) of the CAA.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 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 Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

    Dated: August 20, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-20787 Filed 8-29-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Notices]
[Page 9399]
[FR Doc No: 2011-3604]

=======================================================================
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 DEPARTMENT OF TRANSPORTATION

ITS Joint Program Office; Pre-Proposal Safety Pilot Joint Bidders
Conference; Notice of Public Meeting

AGENCY: Research and Innovative Technology Administration, U.S.
Department of Transportation.

ACTION: Notice.

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    The U.S. Department of Transportation ITS Joint Program Office (ITS
JPO) is conducting a Pre-proposal Conference (``Safety Pilot Joint
Bidders Conference'') on February 22, 2011 from 8:30 a.m. to 4:30 p.m.
at the University of California--UC Washington Center, 1608 Rhode
Island Avenue, NW., Washington, DC 20036. The conference is for
interested parties to learn about and ask questions regarding the three
current US DOT procurements/solicitations listed below in support of
the Safety Pilot Program. US DOT officials will present and discuss the
procurement process and requirements for each of the three planned
procurements, as well as answer relevant questions from interested
parties.
     Safety Pilot Test Conductor--Request for Proposals (RFP)
DTFH61-11-R-00006 available at http://www.FedBizOpps.gov.
     Aftermarket Safety Devices--Request for Applications (RFA)
DTFH61-11-RA-00003 available at http://www.Grants.gov.
     Roadside Equipment--Request for Quotations (RFQ) DTFH61-
11-Q-00012 available at http://www.FedBizOpps.gov.
    The Safety Pilot is intended to establish a real world model
deployment test site for enabling wireless communications among
vehicles and with roadside equipment for use in generating data to
enable driver safety warning systems. The deployment site will
encompass vehicles of various types that include a mix of integrated,
retrofit, and aftermarket vehicle safety systems. The model deployment
data generated will be used for establishing safety benefits in support
of future policy decisions by US DOT, as well as for use by the broader
industry in developing additional connected vehicle applications.
    Interested parties are invited to attend in person or participate
by webinar. For additional information including registration, please
contact Adam Hopps<EMAIL_ADDRESS>or use the following link: http://www.itsa.org/itsa/files/safety_pilot_bidders_conference_registration.doc.

    Issued in Washington, DC, on the 11th day of February 2011.
John Augustine,
Managing Director, ITS Joint Program Office.
[FR Doc. 2011-3604 Filed 2-16-11; 8:45 am]
BILLING CODE 4910-HY-P