[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Proposed Rules]
[Pages 2091-2102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-586]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2009-0202; FRL-9103-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Arkansas; Redesignation of
the Crittenden County, Arkansas Portion of the Memphis, Tennessee-
Arkansas 1997 8-Hour Ozone Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: On February 24, 2009, the State of Arkansas, through the
Arkansas Department of Environmental Quality (ADEQ), submitted a
request to redesignate the Arkansas portion of the bi-state Memphis,
Tennessee-Arkansas (Memphis TN-AR) 1997 8-hour ozone nonattainment area
to attainment for the
[[Page 2092]]
8-hour ozone National Ambient Air Quality Standard (NAAQS); and to
approve the State Implementation Plan (SIP) revision containing a
maintenance plan for the Arkansas portion of the bi-state Memphis TN-AR
Area. The bi-state Memphis TN-AR 1997 8-hour ozone nonattainment area
is composed of Memphis, Shelby County, Tennessee (Shelby County) and
Crittenden County, Arkansas. In this action, EPA proposes to approve
the 1997 8-hour ozone redesignation request for Crittenden County,
Arkansas. Additionally, EPA proposes to approve the 1997 8-hour ozone
maintenance plan for Crittenden County, including the state motor
vehicle emissions budgets (MVEBs) for nitrogen oxides (NOX)
and volatile organic compounds (VOCs) for the years 2006 and 2021. This
proposed approval of Arkansas' redesignation request is based on EPA's
determination that Arkansas has demonstrated that Crittenden County has
met the criteria for redesignation to attainment specified in the Clean
Air Act (CAA), including the determination that the entire Memphis TN-
AR ozone nonattainment area has attained the 1997 8-hour ozone
standard.
DATES: Comments must be received on or before February 16, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0202, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (214) 665-7263.
4. Mail: EPA-R06-OAR-2009-0202 Air Planning Section, Multimedia
Planning and Permitting Division, U.S. Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
5. Hand Delivery or Courier: Mr. Guy Donaldson, Chief, Air Planning
Section, Air Planning Branch, Multimedia Planning and Permitting
Division, U.S. Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2009-0202. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Planning Section, Air
Branch, Multimedia Planning and Permitting Division, U.S. Environmental
Protection Agency, Region 6, 1445 Ross Avenue, Suite 1200, Dallas,
Texas 75202-2733. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Riley, Air Planning
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-8542;
fax number 214-665-7263; e-mail address [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Proposed Actions Is EPA Taking?
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 the Effect of EPA's Proposed Actions?
VI. What Is EPA's Analysis of the Request?
VII. What Is EPA's Analysis of Arkansas' Proposed State
NOX and VOC MVEBs for Crittenden County, Arkansas?
VIII. What Is the Status of EPA's Adequacy Determination for the
Proposed State NOX and VOC MVEBs for the Years 2006 and
2021 for Crittenden County, Arkansas?
IX. Proposed Action on the Redesignation Request and Maintenance
Plan SIP Revision Including Proposed Approval of the 2006 and 2021
State NOX and VOC MVEBs for Crittenden County, Arkansas
X. Statutory and Executive Order Reviews
I. What Proposed Actions Is EPA Taking?
EPA proposes several related actions, which are summarized below
and described in greater detail throughout this notice of rulemaking:
(1) To redesignate Crittenden County, Arkansas to attainment for
the 1997 8-hour ozone NAAQS. EPA proposes to determine that the bi-
state Memphis, TN-AR Area has attained the 1997 8-hour ozone standard,
and that the Crittenden County, Arkansas portion has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
The bi-state Memphis, TN-AR 1997 8-hour ozone area comprises Shelby
County in Tennessee and Crittenden County in Arkansas. Today's proposal
addresses only the Arkansas portion of the bi-state Memphis, TN-AR 1997
8-hour ozone area. EPA is now proposing to approve a request to change
the legal designation of Crittenden County, Arkansas from nonattainment
to attainment for the 1997 8-hour ozone NAAQS.
(2) To approve Arkansas' 1997 8-hour ozone maintenance plan into
the Arkansas SIP, including the 2006 and 2021 motor vehicle emissions
budgets (MVEB's) that are part of the maintenance plan. EPA has already
made a finding of adequacy for the MVEBs (74 FR 21356). These MVEBs
apply only to Crittenden County, Arkansas. MVEB's contained in the
Tennessee submittal for Shelby County will be addressed in a separate
action. EPA proposes to approve Arkansas' 1997 8-hour ozone maintenance
plan for Crittenden County (such approval being
[[Page 2093]]
one of the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to help keep the Memphis TN-AR area (of
which Crittenden County is a part) in attainment of the 1997 8-hour
ozone NAAQS through 2021.
II. What Is the Background for EPA's Proposed Actions?
Ground-level ozone is not emitted directly by sources. Rather,
emissions of NOX and VOC react in the presence of sunlight
to form ground-level ozone. NOX and VOC are precursors of
ozone. The CAA establishes a process for air quality management through
the NAAQS. EPA establishes NAAQS for criteria pollutants as the maximum
level of air pollution allowed to protect public health and welfare.
On July 18, 1997, EPA promulgated a revised 8-hour ozone standard
of 0.08 parts per million (ppm). This standard is more stringent than
the previous 1-hour ozone standard. Under EPA regulations at 40 CFR
part 50, the 8-hour ozone standard 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 0.08 ppm (i.e.,
0.084 ppm when rounding is considered). (See, 69 FR 23857 (April 30,
2004) for further information.) 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. Specifically,
section 2.3 of 40 CFR part 50, Appendix I, ``Comparisons with the
Primary and Secondary Ozone Standards'' states:
The primary and secondary ozone ambient air quality standards are
met at an ambient air quality monitoring site when the 3-year average
of the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. The number of
significant figures in the level of the standard dictates the rounding
convention for comparing the computed 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration with the level
of the standard. The third decimal place of the computed value is
rounded, with values equal to or greater than 5 rounding up. Thus, a
computed 3-year average ozone concentration of 0.085 ppm is the
smallest value that is greater than 0.08 ppm.;
The CAA requires EPA to designate as nonattainment any area that
was violating the 1997 8-hour ozone NAAQS based on the three most
recent years of ambient air quality data. The CAA contains two sets of
provisions--subpart 1 and subpart 2--that address planning and control
requirements for ozone nonattainment areas. (Both are found in title I,
part D.) Subpart 1 (which EPA refers to as ``basic'' nonattainment)
contains general, less prescriptive, requirements for nonattainment
areas for any pollutant--including ozone--governed by a NAAQS. Subpart
2 (which EPA refers to as ``classified'' nonattainment) provides more
specific requirements for certain ozone nonattainment areas. Some 1997
8-hour ozone nonattainment areas are subject only to the provisions of
subpart 1. Other 1997 8-hour ozone nonattainment areas are also subject
to the provisions of subpart 2. Under EPA's Phase 1 1997 8-hour ozone
implementation rule (69 FR 23857) (Phase 1 Rule), signed on April 15,
2004, and published April 30, 2004, an area was classified under
subpart 2 based on its 1997 8-hour ozone design value (i.e., the 3-year
average of the annual fourth-highest daily maximum 8-hour average ozone
concentrations), if it had a 1-hour design value at or above 0.121 ppm
(the lowest 1-hour design value in Table 1 of subpart 2). All other
areas are covered under subpart 1, based upon their 8-hour ambient air
quality design value.
Shelby County, Tennessee was originally designated as a marginal
nonattainment area for the 1-hour ozone standard on November 6, 1991
(56 FR 56694). Crittenden County, Arkansas was not part of the
nonattainment area during the 1991 1-hour designations. On February 16,
1995 (60 FR 3352) Shelby County was redesignated as attainment for the
1-hour ozone standard and is considered to be a 1-hour maintenance area
subject to a CAA section 175A maintenance plan for the 1-hour standard.
On April 30, 2004, EPA designated the Memphis, TN-AR Area (which
then included Crittenden County, Arkansas) as a ``moderate'' 1997 8-
hour ozone nonattainment area (see, 69 FR 23857, April 30, 2004). On
July 15, 2004, pursuant to section 181(a)(4) of the CAA, the States of
Tennessee and Arkansas submitted a petition to EPA Regions 4 and 6,
requesting a downward reclassification of the Memphis TN-AR
nonattainment area from ``moderate'' to ``marginal'' for the 1997 8-
hour ozone standard. The petition was based on the area's ``moderate''
design value of .092 ppm being within five percent of the maximum
``marginal'' design value of 0.091 ppm. Pursuant to Section 181(a)(4),
areas with design values within five percent of the standard may
request a reclassification under specific circumstances. Factors for
EPA to consider as part of such a request are described in section
181(a)(4) of the CAA. The petition for reclassification to ``marginal''
was approved by EPA, and became effective on November 22, 2004 (see, 69
FR 56697, September 22, 2004). As a result of the downward
classification, the new attainment date for the Memphis TN-AR
``marginal'' nonattainment area was set at June 15, 2007, consistent
with the CAA, with an attainment determination to be based on 2004-2006
air quality data.
Air quality data monitored for the Memphis TN-AR nonattainment area
subsequently showed that the area did not attain the 1997 8-hour ozone
NAAQS by the June 15, 2007, deadline. Section 181(b)(2)(A) of the CAA
provides that, when EPA finds that an area failed to attain by the
applicable date, the area is reclassified by operation of law to the
higher of: The next higher classification or the classification
applicable to the area's ozone design value at the time of the required
notice under section 181(b)(2)(B). The next higher classification for
the Memphis TN-AR Nonattainment Area was ``moderate.'' On March 28,
2008, the Memphis TN-AR nonattainment area was reclassified as
``moderate'' (73 FR 16547). EPA set a deadline of March 1, 2009 for the
State to submit the moderate area SIP provisions required under the
area's new classification (73 FR 16550).
In 2008, the ambient ozone data for the Memphis TN-AR Area showed
attainment of the 1997 8-hour ozone NAAQS, using data from the 3-year
period of 2006-2008. On February 24, 2009, Arkansas requested
redesignation of Crittenden County, Arkansas to attainment for the 1997
8-hour ozone NAAQS. The redesignation request included three years of
complete, quality-assured ambient air quality data for the ozone
seasons (March 1st thru November 30th) of 2006-2008, indicating that
the 1997 8-hour ozone NAAQS has been achieved for the entire Memphis
TN-AR Area. Under the CAA, nonattainment areas may be redesignated to
attainment if sufficient, complete, quality-assured data is available
for the Administrator to determine that the area has attained the
standard and the area meets the other CAA redesignation requirements in
section 107(d)(3)(E).
[[Page 2094]]
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 under section 110 and part D of the
CAA.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of title I of the CAA Amendments of 1990, on April
16, 1992 (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 (ACT) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
6. ``Technical Support Documents (TSD's) 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 February 24, 2009, Arkansas requested redesignation of the
Arkansas portion (Crittenden County) of the bi-state Memphis TN-AR 1997
8-hour ozone nonattainment area to attainment for the 1997 8-hour ozone
standard. EPA's evaluation indicates that the bi-state Memphis Area has
attained the standard and that Crittenden County has met the
requirements for redesignation set forth in section 107(d)(3)(E),
including the maintenance plan requirements under section 175A of the
CAA. EPA is also announcing the status of its adequacy determination
and proposing approval of the 2006 and 2021 NOX and VOC
MVEBs which are relevant to the requested redesignation.
V. What Is the Effect of EPA's Proposed Actions?
Approval of Arkansas' redesignation request would change the legal
designation of Crittenden County for the 1997 8-hour ozone NAAQS found
at 40 CFR part 81. Approval of Arkansas' request would also incorporate
into the Arkansas SIP, a plan for Crittenden County for maintaining the
1997 8-hour ozone NAAQS in the area through 2021. This maintenance plan
includes contingency measures to remedy future violations of the 1997
8-hour ozone NAAQS. The maintenance plan also establishes state
NOX and VOC MVEBs for Crittenden County. Table 1 identifies
the state NOX and VOC MVEBs for the year 2006 and 2021 for
Crittenden County.
Table 1--Crittenden County NOX and VOC MVEBs
[Summer season tons per day]
------------------------------------------------------------------------
2006 2021
------------------------------------------------------------------------
NOX................................................... 6.27 1.84
VOC................................................... 2.95 1.39
------------------------------------------------------------------------
Approval of Arkansas' maintenance plan would also result in
approval of the NOX and VOC state MVEBs. Additionally, EPA
is notifying the public of the status of its adequacy determination for
the 2006 and 2021 NOX and VOC state MVEBs pursuant to 40 CFR
93.118(f)(1).
VI. What Is EPA's Analysis of the Request?
EPA proposes to determine that the Crittenden County portion of the
Memphis TN-AR 1997 8-hour ozone nonattainment area has attained the
1997 8-hour ozone standard, and that all other redesignation criteria
have been met for that portion of the Memphis TN-AR area. The basis for
EPA's determination for the area is discussed in greater detail below.
Criteria (1)--Crittenden County, Arkansas has attained the 1997 8-
hour ozone NAAQS.
EPA proposes to determine that the Crittenden County portion of the
Memphis TN-AR area has attained the 1997 8-hour ozone NAAQS. For ozone,
an area may be considered to be attaining the 1997 8-hour ozone NAAQS
if the air quality in the nonattainment area meets the standard, as
determined in accordance with 40 CFR 50.10 and Appendix I of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. To attain this standard, the 3-year
average of the fourth-highest daily maximum 1997 8-hour average ozone
concentrations measured at each monitor within an area over each year
must not exceed 0.08 ppm. Based on the rounding convention described in
40 CFR part 50, Appendix I, the standard is attained if the design
value is 0.084 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
[[Page 2095]]
have remained at the same location for the duration of the monitoring
period required for demonstrating attainment.
EPA reviewed ozone monitoring data from ambient ozone monitoring
stations in the Memphis TN-AR area for the ozone season from 2006-2008.
This data has been quality assured and is recorded in AQS. The fourth
high averages for 2006, 2007 and 2008, and the 3-year average of these
values (i.e., design values), are summarized in Table 2:
Table 2--Annual 4th Max High and Design Value Concentration for 1997 8-Hour Ozone for the Memphis, TN-AR Area
[In parts per million]
----------------------------------------------------------------------------------------------------------------
County Shelby County, Tennessee Crittenden County,
----------------------------------------------------------------------------------------- Arkansas
Memphis-Frayser -----------------------
Monitor (AQS ID) Boulevard (47- Edmond Orgill Park Marion (05-
157-0021) (47-157-1004) 035-0005)
----------------------------------------------------------------------------------------------------------------
2006.................................... 0.083 0.084 0.089
2007.................................... 0.081 0.080 0.084
2008.................................... 0.084 0.077 0.074
Design Value............................ 0.082 0.080 0.082
----------------------------------------------------------------------------------------------------------------
As discussed above, the design value for an area is the highest
design value recorded at any monitor in the area. Therefore, the design
value for the Memphis TN-AR Area is 0.082 ppm, which meets the standard
as described above. Preliminary data from 2009 also indicate the area
continues to attain the standard. The data from 2009 is considered
preliminary because it has not yet completed full data certification.
As discussed in more detail below, Arkansas has committed to continue
monitoring in this area in accordance with 40 CFR part 58. The data
submitted by Arkansas provides an adequate demonstration that
Crittenden County (as part of the Memphis TN-AR area) has attained the
1997 8-hour ozone NAAQS.
Criteria (2)--Arkansas has a fully approved SIP under section
110(k) for Crittenden County and Criteria (5)--Arkansas has met all
Applicable Requirements under Section 110 and part D of the CAA.
Below is a summary of how these two criteria were met.
EPA has determined that Arkansas has met all applicable SIP
requirements for Crittenden County under section 110 of the CAA
(general SIP requirements). EPA has also determined that the Arkansas
SIP satisfies the criterion that it meet applicable SIP requirements
under part D of title I of the CAA (including requirements specific to
subpart 2 marginal 1997 8-hour ozone nonattainment areas) in accordance
with section 107(d)(3)(E)(v). In addition, EPA has determined 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 that if applicable, they are fully approved
under section 110(k). SIPs must be fully approved only with respect to
applicable requirements.
a. Crittenden County, Arkansas Has Met All Applicable Requirements
Under Section 110 and Part D of the CAA
The September 4, 1992, Calcagni Memorandum (see ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' Memorandum
from John Calcagni, Director, Air Quality Management Division,
September 4, 1992) describes EPA's interpretation of section
107(d)(3)(E). Under this interpretation, to qualify for redesignation,
states requesting redesignation to attainment must meet only the
relevant CAA requirements that come due prior to the submittal of a
complete redesignation request. See also, Michael Shapiro Memorandum,
(``SIP Requirements for Areas Submitting Requests for Redesignation to
Attainment of the Ozone and Carbon Monoxide NAAQS On or After November
15, 1992,'' September 17, 1993), and 60 FR 12459, 12465-66 (March 7,
1995) (redesignation of Detroit-Ann Arbor, Michigan). Applicable
requirements of the CAA that come due subsequent to the area's
submittal of a complete redesignation request remain applicable until a
redesignation is approved, but are not required as a prerequisite to
redesignation. See, section 175A(c) of the CAA; Sierra Club, 375 F.3d
537 (7th Cir. 2004); see also, 68 FR 25424, 25427 (May 12, 2003)
(redesignation of St. Louis, Missouri).
General SIP requirements. Section 110(a)(2) of title I of the CAA
delineates the general requirements for a SIP, which include
enforceable emissions limitations and other control measures, means, or
techniques, provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality,
and programs to enforce the limitations. 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 transport
of air pollutants (NOX SIP Call, Clean Air Interstate Rule
(CAIR)). 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
[[Page 2096]]
the designation of any one particular area in the state. Thus, we do
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 the other section 110 elements not
connected with nonattainment plan submissions and not 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 and part D requirements
that 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,
1997); 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 believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Therefore, as discussed above, for purposes of redesignation, they are
not considered applicable requirements. We have reviewed the Arkansas
SIP and have concluded it meets the general requirements of section
110, to the extent that these are applicable for redesignation. EPA has
previously approved provisions in the Arkansas SIP addressing section
110 elements under the 1-hour ozone NAAQS (See, 40 CFR 52.172).
In a letter to EPA dated March 28, 2008, the State set forth its
belief that the existing SIP is also sufficient to meet the CAA
110(a)(2) requirements for the 1997 8-hour ozone NAAQS. EPA has not yet
approved this submission, but such approval is not necessary for
purposes of redesignation.
Part D requirements. EPA has also determined that the Arkansas SIP
meets applicable SIP requirements under part D of the CAA. Sections
172-176 of the CAA, found in subpart 1 of part D, set forth the basic
nonattainment requirements applicable to all nonattainment areas.
Section 182 of the CAA, found in subpart 2 of part D, establishes
additional specific requirements depending on the area's nonattainment
classification and applies to the Memphis TN-AR area. As discussed in
Section II, Crittenden County was classified as marginal, and then
reclassified to moderate. In the reclassification, EPA required that
the necessary SIP revisions for the new moderate area requirements be
submitted by both Tennessee and Arkansas as expeditiously as
practicable, but no later than March 1, 2009. The request for
redesignation was submitted by Arkansas on February 24, 2009, prior to
the date that the moderate area requirements came due. Thus, for
purposes of redesignation, only the marginal area requirements under
Part D, subpart 2 are applicable to Crittenden County.
A SIP revision submitted to EPA by the State of Arkansas on
November 19, 2007 satisfied the marginal area requirements set forth in
section 182(a)(1). This submittal consisted of an emissions inventory
for the year 2002 containing NOX, VOC and carbon monoxide
(CO) emissions as precursors to ozone formation, as well as a revision
to State Regulation 19, Chapter 7 (Sampling, Monitoring, and Reporting
Requirements), to require emissions statements. EPA approved this SIP
revision on January 15, 2009 (74 FR 2383). Requirements set forth in
sections 182(a)(2)(A) (Reasonably Available Control Technology
Corrections) and 182(a)(2)(B) (Savings Clause for Vehicle Inspection
and Maintenance) are not applicable to Crittenden County due to its
status of attainment of the 1-hour ozone standard. Requirements set
forth in section 182(a)(2)(C) (Permit Programs) are discussed in the
NSR Requirements section of this notice.
In addition to the fact that only the marginal classification part
D requirements became due prior to submission of the redesignation
request and therefore are applicable for purposes of redesignation, EPA
believes it is reasonable to interpret the conformity requirements as
not requiring approval prior to redesignation.
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
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 conformity revisions must be consistent with Federal
conformity regulations relating to consultation, enforcement and
enforceability that the CAA required the EPA to promulgate.
EPA believes it is reasonable to interpret the conformity SIP
requirements as not applying for purposes of evaluating the
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, 438-40 (6th Cir. 2001) (upholding this interpretation).
See also, 60 FR 62748 (December 7, 1995, Tampa, Florida). Although
Crittenden County does not currently have fully approved conformity
rules, a Memorandum of Agreement outlining interagency consultation
procedures is in place for transportation conformity purposes.
NSR Requirements. Arkansas' permitting requirements for major
sources in or impacting upon nonattainment areas are set forth in
``Regulation No. 31--Nonattainment New Source Review Requirements.'' On
July 3, 2006, Arkansas submitted Regulation No. 31 to address the
marginal Nonattainment New Source Review (NNSR) permitting requirements
in Crittenden County, and EPA approved the submittal on April 12, 2007
(72 FR 18394). This regulation applies to the construction and
modification of any major stationary source of air pollution in a
nonattainment area, as required by part D of Title I of the Act.
Regulation No. 31 also includes provisions that implement EPA's
designation of Crittenden County as an Economic Development Zone (EDZ)
subject to the requirements of Section 173(a)(1)(B) of the Act. These
provisions establish VOC and NOX emissions caps and provide
for the Director of ADEQ to grant growth allowances to affected sources
in lieu of meeting the NNSR offset requirement. Arkansas has maintained
that sources locating to the Memphis area will continue to undergo new
source review requirements and existing source control will continue
under the NNSR/EDZ program until Crittenden County is redesignated to
attainment.
Upon redesignation, however, the identification of Crittenden
County as a section 173 EDZ expires under federal law. The rules that
apply for the 1997 8-hour ozone standard after
[[Page 2097]]
redesignation would be those contained in the Prevention of Significant
Deterioration (PSD) SIP program. The State must reapply for EDZ status
should Crittenden County be designated nonattainment under a revised 8-
hour primary ozone standard. In any event, EPA notes that fully
approved NSR is not required for redesignation to attainment as long as
PSD applies after redesignation, and the area has shown it can attain
and maintain without nonattainment NSR.
EPA has also determined that areas being redesignated need not
comply with the requirement that a nonattainment NSR program be
approved prior to redesignation, provided that the area demonstrates
maintenance of the standard without a part D NSR program in effect
since PSD requirements will apply after redesignation. The 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 (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment.''
Arkansas in its submittal for Crittenden County showed that sources
locating to the Crittenden area will be subject to PSD requirements and
has demonstrated that Crittenden County will be able to maintain the
standard without a part D nonattainment NSR program in effect.
Therefore, Arkansas need not have a fully approved part D NSR program
prior to approval of the redesignation request. Arkansas's PSD program
will become effective in Crittenden County upon redesignation to
attainment. See, rulemakings for Detroit, Michigan (60 FR 12467-12468,
March 7, 1995); Cleveland-Akron-Lorraine, Ohio (61 FR 20458, 20469-70,
May 7, 1996); Louisville, Kentucky (66 FR 53665, October 23, 2001);
Grand Rapids, Michigan (61 FR 31834-31837, June 21, 1996). Thus, EPA
believes that Crittenden County, Arkansas has satisfied all applicable
requirements for purposes of redesignation under section 110 and part D
of the CAA.
b. Crittenden County, Arkansas Has a Fully Approved Applicable SIP
Under Section 110(k) of the CAA
EPA has fully approved the applicable Arkansas SIP for Crittenden
County, under section 110(k) of the CAA for all requirements applicable
for purposes of redesignation. 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, at 438) plus any additional
measures it may approve in conjunction with a redesignation action.
See, 68 FR 25426 (May 12, 2003) and citations therein.
As indicated above, EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to the
area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA also believes that since the moderate
area part D requirements applicable for purposes of redesignation did
not become due prior to submission of the redesignation request, they
also are not applicable requirements for purposes of redesignation. As
set forth above, the area has met all other applicable requirements for
purposes of redesignation under its prior marginal classification.
Criteria (3)--The air quality improvement in the Memphis TN-AR 1997
8-hour Ozone 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.
EPA believes that Arkansas has demonstrated that the observed air
quality improvement in the Memphis-Crittenden County Nonattainment Area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, Federal measures, and other state
adopted measures. Additionally, new emissions control programs for
fuels and motor vehicles will help ensure a continued decrease in
emissions throughout the region.
Because Crittenden County is itself largely rural in nature,
measured reductions in ozone concentrations in and around Crittenden
County are largely attributable to permanent and enforceable reductions
from emission sources of VOCs and NOX in the Memphis area.
There were reductions in Crittenden County. Table 3 summarizes several
of the measures adopted that resulted in emissions reductions in
Crittenden County.
Table 3--Crittenden County Emission Reductions Programs
------------------------------------------------------------------------
-------------------------------------------------------------------------
Mobile Sources
------------------------------------------------------------------------
[cir] Tier 2 Fuel and Vehicle Emission Standards.
[cir] Federal Motor Vehicle Control Program.
[cir] Heavy Duty Diesel Rule (2007 Highway Rule).
------------------------------------------------------------------------
State and Local Measures
------------------------------------------------------------------------
[cir] Stage I Vapor Recovery.
[cir] Proform Company, LLC closure, air permit voided.
[cir] CIBA Corporation reclassified to minor source, MACT standard
modifications.
------------------------------------------------------------------------
Additional Voluntary Reductions
------------------------------------------------------------------------
[cir] Diesel Emissions Reduction Act--ADEQ received State Clean Diesel
Grant in October 2008.
[cir] Retrofit of city and county (21 on-road, 12 non-road trucks) w/
diesel oxidation catalyst.
[cir] Retrofit of 50 school buses w/diesel oxidation catalyst.
[cir] Retrofit of 12 refuse trucks w/diesel oxidation catalyst.
[cir] 196 California Air Resources Board certified gas cans exchanged in
Crittenden County.
[cir] Truck stop electrification (equipped 65 parking spaces in
Crittenden County).
------------------------------------------------------------------------
Emission reductions in Shelby County as a result of federal motor
vehicle controls from 2002 to 2006 are estimated to be 7 tons per day
of VOCs and 28 tons per day of NOX. Additionally, continuing
new emissions control programs will help to ensure a further decrease
in emissions throughout the area in the future. Crittenden County is
expected to receive upwind benefits in emission reductions.
Regarding point source emissions, the Tennessee Valley Authority's
(TVA) Allen Steam Plant located in Shelby County operates three coal-
fired boilers. As a result of EPA's ``Finding of Significant
Contribution and Rulemaking for Certain States in the Ozone Transport
Assessment Group Region for Purposes of Reducing Region Transport of
Ozone'' (NOX SIP Call), TVA began operation of two selective
catalytic reduction (SCR) control units during the 2002 ozone control
season, May 1st through September 30th. The third SCR began operating
in 2003. Ozone season daily NOX reductions in the area as a
result of these controls equal approximately 45 tons per day.
These are substantial reductions when compared to the remaining
total NOX inventory from all sources in Shelby and
Crittenden Counties in 2006 of 116.81 tons per day (99.09 tons per day
in Shelby County and 17.72 tons per day in Crittenden County) and a VOC
inventory of 128.67 tons per day (99.11 tons per day in Shelby County
and 29.56 tons per day in Crittenden County).
[[Page 2098]]
Because of the uncertainty introduced by the recent court actions
affecting the CAIR Rule and NOX SIP Call, EPA undertook an
analysis of the changes in NOX expected across a broader
region. In particular, EPA reviewed available projections of
NOX emissions from nearby states from 2002 to 2018. These
values are presented in Tables 4 and 5:
Table 4--2002 Base Annual Emission Inventory Summary for NOX*
----------------------------------------------------------------------------------------------------------------
Non-EGU
States EGU point point Non-road area Mobile Fires Total
----------------------------------------------------------------------------------------------------------------
AR............................. 24,722 47,698 62,472 21,700 141,894 5,492 303,978
KY............................. 201,928 38,434 104,571 39,507 156,417 534 541,391
LA............................. 111,703 199,218 114,711 93,069 180,664 6,942 706,307
MS............................. 40,433 61,533 88,787 4,200 111,914 308 307,175
MO............................. 145,438 36,144 99,306 32,435 189,852 2,442 505,617
TN............................. 152,137 64,344 96,827 17,844 238,577 217 569,946
--------------------------------------------------------------------------------
Total...................... 676,361 447,371 566,674 208,755 1,019,318 15,935 2,934,414
----------------------------------------------------------------------------------------------------------------
* From Tennessee Regional Haze SIP, Appendix D, page D.3-5 and support table for Technical Support Document for
CENRAP Emissions and Air Quality Modeling to Support Regional Haze State Implementation Plans, page 2-40,
figure 2-4.
Table 5--2018 Base Annual Emission Inventory Summary for NOX*
----------------------------------------------------------------------------------------------------------------
Non-EGU
States EGU point point Non-road Area Mobile Fires Total
----------------------------------------------------------------------------------------------------------------
AR............................... 34,938 36,169 34,305 25,672 33,640 5,600 170,324
KY............................... 64,378 41,034 79,392 44,346 52,263 714 282,127
LA............................... 44,485 225,748 106,685 114,374 44,806 6,969 543,067
MS............................... 21,535 61,252 68,252 4,483 30,619 1,073 187,214
MO............................... 83,181 51,489 59,625 35,213 50,861 2,442 282,811
TN............................... 31,715 62,519 70,226 19,597 69,385 405 253,847
------------------------------------------------------------------------------
Total........................ 280,232 478,211 418,485 243,685 281,574 17,203 1,708,390
----------------------------------------------------------------------------------------------------------------
* From Tennessee Regional Haze SIP, Appendix D, page D.3-5 and support table for Technical Support Document for
CENRAP Emissions and Air Quality Modeling to Support Regional Haze State Implementation Plans, page 2-40,
figure 2-4.
From 2002 to 2018 NOX emissions are projected to
decrease in the region by 1,215,024 tons/year or 41.4 percent in all.
EGU NOX anticipated decreases due to CAIR and the
NOX SIP Call were projected to be 198,150 tons per year.
However, the largest source in this region remains the motor vehicle
sector, which is projected to decrease 737,744 tons per year. Hence
even without EGU controls on NOX emissions, total
NOX emissions are projected to continually decrease
throughout the maintenance period. As is noted in the following
paragraph, the NOX SIP Call will remain in effect.
The NOX SIP Call requires states to make significant,
specific emissions reductions. It also provided a mechanism, the
NOX Budget Trading Program, which states could use to
achieve those reductions. When EPA promulgated CAIR, it discontinued
(starting in 2009) the NOX Budget Trading Program, 40 CFR
51.121(r), but created another mechanism--the CAIR ozone season trading
program--which states could use to meet their SIP Call obligations, 70
FR 25289-90. EPA notes that a number of states, when submitting SIP
revisions to require sources to participate in the CAIR ozone season
trading program, removed the SIP provisions that required sources to
participate in the NOX Budget Trading Program. In addition,
because the provisions of CAIR including the ozone season
NOX trading program remain in place during the remand (North
Carolina v. EPA, 550 F.3d 1176 (DC Cir. Dec. 23, 2008)), EPA is not
currently administering the NOX Budget Trading Program.
Nonetheless, all states regardless of the current status of their
regulations that previously required participation in the
NOX Budget Trading Program, will remain subject to all of
the requirements in the NOX SIP Call even if the existing
CAIR ozone season trading program is withdrawn or altered. In addition,
the anti-backsliding provisions of 40 CFR 51.905(f) specifically
provide that the provisions of the NOX SIP Call, including
the statewide NOX emission budgets, continue to apply after
revocation of the 1-hr standard.
All NOX SIP Call states have SIPs that currently satisfy
their obligations under the SIP Call, the SIP Call reduction
requirements are being met, and EPA will continue to enforce the
requirements of the NOX SIP Call even after any response to
the CAIR remand. For these reasons, EPA believes that regardless of the
status of the CAIR program, the NOX SIP Call requirements
can be relied upon in demonstrating maintenance. Thus, the
NOX SIP Call adds to assurances that the area will remain in
attainment.
These regional projections of emissions data have been prepared
only through 2018. However, since motor vehicle and off road emissions
continue to decrease long after a rule is adopted as the engine
population is gradually replaced by newer engines, it is reasonable to
assume that this projected decrease in regional NOX
emissions from mobile and non-road sources should continue through 2020
and assure that ozone in the Memphis region will continue to decline
throughout the 10 year maintenance period. Hence we believe the
projected regional NOX reductions are adequate to assure
that the Memphis region will continue demonstrating maintenance
throughout the 10 year maintenance period.
Criteria (4)--The area has a fully approved maintenance plan
pursuant to section 175A of the CAA.
In conjunction with its request to redesignate Crittenden County,
Arkansas (as part of the Memphis TN-AR 1997 8-hour ozone nonattainment
area) to attainment, Arkansas submitted a SIP revision to provide for
the maintenance of the 1997 8-hour ozone NAAQS for at least 10 years
after the
[[Page 2099]]
effective date of redesignation to attainment.
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 of Arkansas must submit a revised maintenance
plan, which demonstrates 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 such contingency measures, with a schedule for implementation
as EPA deems necessary to assure prompt correction of any future 8-hour
ozone violations. Section 175A of the CAA sets forth the elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. The Calcagni Memorandum provides additional guidance on the
content of a maintenance plan. The Calcagni Memorandum explains that an
ozone 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, Arkansas' maintenance plan includes all the
necessary components and is approvable as part of the redesignation
request.
b. Attainment Emissions Inventory
In coordination with Shelby County, Tennessee, Arkansas selected
2006 ``the attainment year'' for the purposes of demonstrating
attainment of the 1997 8[dash]hour ozone NAAQS. This attainment
inventory identifies the level of emissions in the area, which is
sufficient to attain the 1997 8-hour ozone standard. Arkansas began
development of this attainment inventory by first developing a baseline
emissions inventory for the Memphis area. The year 2006 was chosen as
the base year for developing a comprehensive ozone precursor emissions
inventory for which projected emissions could be developed for 2009,
2012, 2015, 2017, 2018 and 2021. The projected inventory estimates
emissions forward to 2021, which is beyond the 10-year interval
required in Section 175(A) of the CAA. Non-road mobile emissions
estimates were based on the EPA's NONROAD2005 model. On-road mobile
source emissions were calculated using EPA's MOBILE6.2 emission factors
model. The 2006 VOC and NOX emissions, as well as the
emissions for other years, for Crittenden County were developed
consistent with EPA guidance, and are summarized in Tables 6 and 7 in
the following subsection.
c. Maintenance Demonstration
The February 24, 2009 final submittal includes a maintenance plan
for Crittenden County. This demonstration:
(i) Shows compliance and maintenance of the 1997 8-hour ozone
standard by providing information to support the demonstration that
current and future emissions of VOC and NOX remain at or
below attainment year 2006 emissions levels. The year 2006 was chosen
as the attainment year because it is one of the most recent three years
(i.e., 2006, 2007, and 2008) for which Crittenden County has clean air
quality data for the 1997 8-hour ozone standard.
(ii) Uses 2006 as the attainment year and includes future emission
inventory projections for 2009, 2012, 2015, 2017, 2018, and 2021.
(iii) Identifies an ``out year,'' at least 10 years (and beyond)
after the time necessary for EPA to review and approve the maintenance
plan. Per 40 CFR part 93, state NOX and VOC MVEBs were
established for the last year (2021) of the maintenance plan.
Additionally, Arkansas chose, through interagency consultation, to
establish MVEBs for the year 2006 for NOX and VOC. EPA has
already notified the public of its adequacy determination for these
2006 and 2021 MVEBs pursuant to 40 CFR 93.118(f)(1) (74 FR 21356).
(iv) Provides the following actual and projected emissions
inventories, in tons per day (tpd) for Crittenden County, Arkansas.
See, Tables 6 and 7.
Table 6--Crittenden County VOC Emissions
[Summer season tons per day]
----------------------------------------------------------------------------------------------------------------
Source category 2006 2009 2012 2015 2017 2018 2021
----------------------------------------------------------------------------------------------------------------
Point............................................ 2.13 2.17 2.27 2.36 2.43 2.47 2.62
Area............................................. 21.32 21.30 21.49 21.68 21.80 21.89 22.14
On-road *........................................ 3.12 2.63 2.30 1.97 1.75 1.68 1.50
Non-road **...................................... 2.99 2.85 2.60 2.36 2.19 2.14 1.97
--------------------------------------------------------------
Total........................................ 29.56 28.94 28.65 28.36 28.17 28.18 28.23
----------------------------------------------------------------------------------------------------------------
* Calculated using MOBILE 6.2.
** Calculated using NONROAD2005c.
Table 7--Crittenden County Area NOX Emissions
[Summer season tons per day]
----------------------------------------------------------------------------------------------------------------
Source category 2006 2009 2012 2015 2017 2018 2021
----------------------------------------------------------------------------------------------------------------
Point............................................ 1.09 1.15 1.22 1.29 1.34 1.37 1.45
Area............................................. 0.90 0.90 0.91 0.91 0.92 0.92 0.93
On-road *........................................ 6.27 5.13 4.12 3.12 2.45 2.30 1.84
Non-road **...................................... 9.46 9.38 9.10 8.82 8.63 8.39 7.66
--------------------------------------------------------------
Total........................................ 17.72 16.56 15.35 14.14 13.34 12.97 11.88
----------------------------------------------------------------------------------------------------------------
* Calculated using MOBILE 6.2.
** Calculated using NONROAD2005c.
[[Page 2100]]
Although the Arkansas SIP submission provided NOX and
VOC emissions for the attainment and future years for Crittenden
County, EPA has considered emissions for the entire Memphis TN-AR area
for demonstration of maintenance. Maintenance is demonstrated if the
future year NOX and VOC emission for the entire area remains
at or below the level of the attainment year emissions. Both Tennessee
and Arkansas chose 2006 for their ``attainment year'' for this area. It
is important to note that this area is composed of two counties (Shelby
County, Tennessee and Crittenden County, Arkansas) for which emissions
should be considered. The area and point sources for both counties
indicate a steady NOX and VOC emission increase. However,
large projected reductions in mobile source emissions more than
compensate for this relatively small increase. Moreover, EPA's review
of the entire area's total inventory for NOX and VOCs
indicate that future total area emissions are below the level of the
total area attainment year emissions. Therefore, EPA believes that the
1997 8[dash]hour ozone standard will be maintained in the future for
the Memphis TN-AR area.
d. Monitoring Network
There are currently three monitors measuring ozone in the Memphis
TN-AR Area (two in Shelby County, Tennessee and one in Crittenden
County, Arkansas). ADEQ has committed, in the maintenance plan, to
continue operation of the monitor in Crittenden County in compliance
with 40 CFR part 58, and has addressed the requirement for monitoring.
e. Verification of Continued Attainment
Arkansas has the legal authority to enforce and implement the
requirements of the ozone maintenance plan. 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.
Arkansas will track the progress of the maintenance plan by
performing future reviews of triennial emissions inventory for
Crittenden County using the latest emissions factors, models and
methodologies. For these periodic inventories, Crittenden County will
review the assumptions made for the purpose of the maintenance
demonstration concerning projected growth of activity levels. If any of
these assumptions appear to have changed substantially, Arkansas will
re-project emissions.
f. Contingency Plan
The contingency plan provisions are designed to promptly correct a
violation of the NAAQS that occurs after redesignation. 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).
In the February 24, 2009, submittal, Arkansas affirms that all
programs instituted by the State and EPA will remain enforceable, and
that sources are prohibited from reducing emissions controls following
the redesignation of the area. The contingency plan included in the
submittal provides a two-phase approach to tracking and triggering
mechanisms to determine when contingency measures are needed and a
process of developing and adopting appropriate control measures.
Phase I--Potential increases in local emissions specifically, when
the certified triennial emissions inventory for VOCs or NOX exceed the
2006 base year attainment inventory by ten percent or more and at least
one documentation of an exceedance of the 1997 ozone NAAQS at any
nonattainment monitor in the area based on certified data during the
most recent monitoring season.
In the event this occurs, ADEQ will conduct an investigation into
the cause to determine if the data are due to reporting errors or a
non-recurring variance in the local emission profile. The investigation
will be coordinated with the Memphis/Shelby County Health Department
and the State of Tennessee as appropriate. If the investigation reveals
the data are valid, ADEQ will expand voluntary programs and develop
regulations to address the concerns. All regulatory programs will be
implemented within 24 months and include a selection of measures shown
in Table 8.
Phase II--Addresses a monitored violation of the 1997 ozone NAAQS
in the nonattainment area according to certified data during the most
recent monitoring season.
In the event this occurs, ADEQ will conduct an investigation to
determine if the cause of the violation can be attributed to errors or
clearly identifiable exceptional events outside of local control. ADEQ
will solicit the involvement of all State agencies having jurisdiction
in the surrounding area. If the investigation reveals the data are
valid, provisions will be adopted and implemented within 24 months of
the monitored violation and include a selection of measures shown in
Table 8.
Table 8--Crittenden County Contingency Measure Options
------------------------------------------------------------------------
-------------------------------------------------------------------------
[dec222] Reasonable Available Control Technology (RACT) for VOC and NOX
sources.
[dec222] Anti-idling ordinances.
[dec222] Open burning restrictions during peak ozone season (May-
September).
[dec222] Diesel retrofit/replacement initiatives.
[dec222] Programs or incentives to decrease motor vehicle use.
[dec222] Trip reduction ordinances.
[dec222] Implementation of a program to require additional emissions
reductions from stationary sources.
[dec222] Implementation of a program to enhance inspection of stationary
sources to ensure emissions control equipment is functioning properly.
[dec222] Implementation of fuel programs, including incentives for
alternative fuels.
[dec222] Employer-based transportation management plans, including
incentives.
[dec222] Programs to limit or restrict vehicle use in downtown areas, or
other areas of high emissions concentration, particularly during
periods of peak use.
[dec222] Programs for new construction and major reconstruction of paths
for use by pedestrians or by non-motorized vehicles when economically
feasible and in the public interest.
[dec222] Other currently unspecified control measures that might prove
to be advantageous.
------------------------------------------------------------------------
[[Page 2101]]
EPA believes that the maintenance plan adequately addresses the
five basic components of a maintenance plan: Attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan. The maintenance plan SIP
revision submitted by Arkansas meets the requirements of section 175A
of the CAA and is approvable.
VII. What Is EPA's Analysis of Arkansas' Proposed State NOX
and VOC MVEBs for Crittenden County, Arkansas?
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans in ozone areas. These
control strategy SIPs (reasonable further progress and attainment
demonstration) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, an MVEB is 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.
After interagency consultation with the transportation partners for
Crittenden County, Arkansas has elected to develop state MVEBs for VOC
and NOX. Arkansas has developed these MVEBs, as required,
for the last year of the Crittenden County maintenance plan, 2021, and
a base year of 2006. The NOx and VOC state MVEBs for
Crittenden County are defined in Table 9 below.
Table 9--Crittenden County NOX and VOC MVEBs
[Summer season tons per day]
------------------------------------------------------------------------
2006 2021
------------------------------------------------------------------------
NOX................................................... 6.27 1.84
VOC................................................... 2.95 1.39
------------------------------------------------------------------------
Through this rulemaking, EPA is proposing to fully approve the 2006
and 2021 MVEBs for VOC and NOX for Crittenden County into
the SIP because EPA has determined that the area maintains the 1997 8-
hour ozone standard with the emissions at the levels of the budgets.
EPA has already made a finding of adequacy for these MVEBs (74 FR
21356), and they must be used for future conformity determinations.
VIII. What Is the Status of EPA's Adequacy Determination for the
Proposed State NOX and VOC MVEBs for the Years 2006 and 2021
for Crittenden County, Arkansas?
Under section 176(c) of the CAA, new transportation 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. 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 a maintenance plan for that NAAQS.
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 an 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 finding.
This process for determining the adequacy of submitted SIP MVEBs was
initially outlined in EPA's May 14, 1999, guidance, ``Conformity
Guidance on Implementation of March 2, 1999, Conformity Court
Decision.'' This guidance was finalized 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 MVEBs 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, Arkansas' maintenance plan submission
includes VOC and NOX state MVEBs for Crittenden County for
the years 2006 and 2021. EPA reviewed both the VOCs and NOX
state MVEBs through the adequacy process. The Arkansas SIP submission,
including the Crittenden County VOC and NOX MVEBs, was open
for public comment on EPA's adequacy Web site on March 11, 2009, found
at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The
EPA public comment period on adequacy of the 2006 and 2021 VOC and
NOX state MVEBs for Crittenden County, Arkansas closed on
April 10, 2009. EPA did not receive any comments on the adequacy of the
MVEBs, nor did EPA receive any requests for the SIP submittal. On May
7, 2009, EPA made a finding of adequacy for the MVEBs included in this
8-hour ozone maintenance plan. EPA provided a separate adequacy posting
for the MVEBs in association with Shelby County, Tennessee. The status
of the adequacy process for the Shelby County MVEBs is discussed in
EPA's separate action related to Shelby County (74 FR 58277).
The new MVEBs for VOC and NOX must be used for future
transportation conformity determinations. For required regional
emissions analysis years that involve the years 2006 through 2020, the
applicable budgets for the purposes of conducting transportation
conformity will be the new 2006 MVEBs; for required regional emissions
analysis years that involve 2021 or beyond, the applicable budgets will
be the new 2021 MVEBs. The 2006 and 2021 MVEBs are defined in section
VII of this proposed rulemaking.
[[Page 2102]]
IX. Proposed Action on the Redesignation Request and Maintenance Plan
SIP Revision Including Proposed Approval of the 2006 and 2021 State
NOX and VOC MVEBs for Crittenden County, Arkansas
EPA is proposing to make the determination that Crittenden County,
Arkansas has met the criteria for redesignation from nonattainment to
attainment for the 1997 8-hour ozone NAAQS. Further, EPA is proposing
to approve Arkansas' February 24, 2009, SIP submittal including the
redesignation request for Crittenden County, Arkansas (as part of the
Memphis TN-AR 1997 8-hour ozone area). EPA's action with respect to the
redesignation request for the Shelby County portion of the 1997 8-hour
ozone area was proposed in a separate rulemaking (74 FR 59943). EPA
believes that the redesignation request and complete quality-assured
monitoring data demonstrate that the Memphis TN-AR area has attained,
and will continue to maintain, the 1997 8-hour ozone standard, and that
the Crittenden County portion of the area has met the other
requirements for redesignation to attainment under CAA sections
107(d)(3)(E) and 175A.
EPA is also proposing to approve the maintenance plan for
Crittenden County included as part of the February 24, 2009, SIP
revision, including state NOX and VOC MVEBs for 2006 and
2021. EPA has already made a finding of adequacy for the MVEBs included
in this 8-hour ozone maintenance plan (74 FR 21356). EPA believes that
the redesignation request and maintenance plan meet the requirements of
CAA sections 107(d)(3)(E) and 175A.
X. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Redesignation of an area to attainment under
section 107(d)(3)(e) of the CAA does not impose any new requirements on
small entities. Redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on sources. Accordingly, the Administrator certifies that this proposed
rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this rule proposes to approve pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely affects the status of a geographical area, does not impose any
new requirements on sources, or allow a state to avoid adopting or
implementing other requirements and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997); because it is not economically
significant and because the Agency does not have reason to believe that
the rule concerns an environmental health risk or safety risk that may
disproportionately affect children.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Redesignation is an action that
affects the status of a geographical area but does not impose any new
requirements on sources. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This proposed rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, 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 5, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-586 Filed 1-13-10; 8:45 am]
BILLING CODE 6560-50-P