[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Rules and Regulations]
[Pages 14077-14081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6343]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2009-0202; FRL-9129-2]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Arkansas; Redesignation of
the Crittenden County, AR Portion of the Memphis, Tennessee-Arkansas
1997 8-Hour Ozone Nonattainment Area to Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a request submitted on
February 24, 2009, from the State of Arkansas to redesignate the
Arkansas portion of the bi-state Memphis, Tennessee-Arkansas 8-hour
ozone nonattainment area (hereafter referred to
[[Page 14078]]
as the ``bi-state Memphis Area'') to attainment for the 1997 8-hour
ozone national ambient air quality standards (NAAQS). The bi-state
Memphis 1997 8-hour ozone NAAQS nonattainment area is composed of
Crittenden County, Arkansas and Shelby County, Tennessee. EPA's
approval of the redesignation request is based on the determination
that the bi-state Memphis Area has met the criteria for redesignation
to attainment set forth in the Clean Air Act (CAA), including the
determination that the bi-state Memphis Area has attained the 1997 8-
hour ozone standard. Additionally, EPA is approving a revision to the
Arkansas State Implementation Plan (SIP) including the 1997 8-hour
ozone maintenance plan for Crittenden County, Arkansas that contains
the new 2006 and 2021 motor vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and volatile organic compounds (VOC)
for Crittenden County, Arkansas. The State of Tennessee has submitted a
similar redesignation request and maintenance plan for the Tennessee
portion of this 1997 8-hour ozone area. EPA has taken action on
Tennessee's redesignation request, emissions inventory and maintenance
plan through a separate rulemaking action (75 FR 56). On March 12,
2008, EPA issued a revised 8-hour ozone standard. EPA later announced
on September 16, 2009, that it may reconsider this revised ozone
standard. The current action, however, is being taken to address
requirements under the 1997 8-hour ozone NAAQS. Requirements for the
bi-state Memphis Area under the 2008 standard will be addressed in the
future.
DATES: Effective Date: This rule will be effective April 23, 2010.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2009-0202. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air 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. 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: Jeffrey Riley, 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. Mr. Riley may be reached by phone at
(214) 665-8542 or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Is the Background for the Actions?
II. What Actions Is EPA Taking?
III. Why Is EPA Taking These Actions?
IV. What Are the Effects of These Actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is the Background for the Actions?
On February 24, 2009, the State of Arkansas submitted a request to
redesignate Crittenden County, Arkansas (as part of the bi-state
Memphis Area) to attainment for the 1997 8-hour ozone standard, and for
EPA approval of the Arkansas SIP revision containing a maintenance plan
for Crittenden County, Arkansas. In an action published on January 14,
2010 (75 FR 2091), EPA proposed to approve the redesignation of
Crittenden County, Arkansas (as part of the bi-state Memphis Area) to
attainment. EPA also proposed approval of Arkansas' plan for
maintaining the 1997 8-hour NAAQS as a SIP revision, and proposed to
approve the NOX and VOC MVEBs for Crittenden County that
were contained in the maintenance plan. In the January 14, 2010,
proposed action, EPA also provided information on the status of its
transportation conformity adequacy determination for the Crittenden
County NOX and VOC MVEBs. EPA received no comments on the
January 14, 2010, proposal. Additionally, in a separate notice, EPA has
already found the NOx and VOC MVEBs, as contained in Arkansas'
maintenance plan for Crittenden County, adequate for the purposes of
transportation conformity. The MVEBs included in the maintenance plan
area as follows:
Table 1--Crittenden County VOC and NOX MVEBs
[Summer season tons per day]
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Year 2006 2021
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NOX................................................... 6.27 1.84
VOC................................................... 2.95 1.39
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EPA's adequacy public comment period on these MVEBs (as contained
in Arkansas' submittal) began on March 11, 2009, and closed on April
10, 2009. No comments were received during EPA's adequacy public
comment period. In a letter dated April 20, 2009, EPA informed the
State of Arkansas of its intent to make an affirmative adequacy
determination for the MVEBs contained in this maintenance plan for
Crittenden County, Arkansas. On May 7, 2009 (74 FR 21356), EPA
published a Federal Register notice deeming the MVEBs for Crittenden
County, Arkansas adequate for transportation conformity purposes. EPA
provided a separate adequacy posting for the MVEBs in association with
Shelby County, Tennessee. The Shelby County, Tennessee MVEBs (in
association with the bi-state Memphis Area) were found adequate through
a separate action published November 12, 2009 (74 FR 58277). This
action approves the NOX and VOC budgets in Table 1 for
Crittenden County.
As was discussed in greater detail in the January 14, 2010,
proposal, this redesignation is for the 1997 8-hour ozone designations
finalized in April 30, 2004 (69 FR 23857). Various aspects of EPA's
Phase 1 8-hour ozone implementation rule were challenged in court and
on December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit (DC Circuit Court) vacated EPA's Phase 1
Implementation Rule for the 8-hour Ozone Standard. (69 FR 23951, April
30, 2004). South Coast Air Quality Management Dist. (SCAQMD) v. EPA,
472 F.3d 882 (DC Cir. 2006). On June 8, 2007, in response to several
petitions for rehearing, the DC Circuit Court clarified that the Phase
1 Rule was vacated only with regard to those parts of the Rule that had
been successfully challenged. Therefore, the Phase 1 Rule provisions
related to classifications for areas currently classified under subpart
2 of title I, part D of the CAA as 8-hour nonattainment areas, the 8-
hour attainment dates and the timing for emissions reductions needed
for attainment of the 8-hour ozone NAAQS, remain effective. The June
8th decision left intact the Court's rejection of EPA's reasons for
implementing the 8-hour standard in certain nonattainment areas under
subpart 1 in lieu of subpart 2. By
[[Page 14079]]
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule
that had not been successfully challenged. The June 8th decision
affirmed the December 22, 2006, decision that EPA had improperly failed
to retain measures required for 1-hour nonattainment areas under the
anti-backsliding provisions of the regulations: (1) Nonattainment area
New Source Review requirements based on an area's 1-hour nonattainment
classification; (2) Section 185 penalty fees for 1-hour severe or
extreme nonattainment areas; and (3) measures to be implemented
pursuant to section 172(c)(9) or 182(c)(9) of the CAA, on the
contingency of an area not making reasonable further progress toward
attainment of the 1-hour NAAQS, or for failure to attain that NAAQS.
As set forth in the January 14, 2010, proposal for the
redesignation of Crittenden County, Arkansas, EPA does not believe that
the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006, and June 8, 2007, decisions impose no
impediment to moving forward with redesignation of Crittenden County,
Arkansas to attainment. Even in light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the CAA and longstanding policies regarding redesignation
requests.
II. What Actions Is EPA Taking?
EPA is taking final action to approve Arkansas' redesignation
request and to change the legal designation of Crittenden County,
Arkansas from nonattainment to attainment for the 1997 8-hour ozone
NAAQS. The bi-state Memphis 1997 8-hour ozone NAAQS nonattainment area
is composed of Crittenden County, Arkansas and Shelby County,
Tennessee. The redesignation request, maintenance plan and emission
inventory in association with the Tennessee portion of this Area have
been addressed through a separate, but coordinated action (75 FR 56).
In this action, EPA is also approving Arkansas' 1997 8-hour ozone
maintenance plan for Crittenden County, Arkansas (such approval being
one of the CAA criteria for redesignation to attainment status). The
maintenance plan is designed to help keep Crittenden County, Arkansas
(as part of the bi-state Memphis Area) in attainment for the 1997 8-
hour ozone NAAQS through 2021. These approval actions are based on
EPA's determination that Arkansas has demonstrated that Crittenden
County, Arkansas has met the criteria for redesignation to attainment
specified in the CAA, including a demonstration that the bi-state
Memphis Area has attained the 1997 8-hour ozone standard. EPA's
analyses of Arkansas' 1997 8-hour ozone redesignation request and
maintenance plan are described in detail in the proposed rule published
January 14, 2010 (75 FR 2091).
Consistent with the CAA, the maintenance plan that EPA is approving
also includes 2006 and 2021 MVEBs for NOx and VOC for Crittenden
County, Arkansas. In this action, EPA is approving these NOx and VOC
MVEBs for the purposes of transportation conformity. For regional
emission analysis years that involve years prior to 2021, the new 2006
MVEB are the applicable budgets (for the purpose of conducting
transportation conformity analyses). For regional emission analysis
years that involve the year 2021 and beyond, the applicable budgets,
for the purpose of conducting transportation conformity analyses, are
the new 2021 MVEB.
III. Why Is EPA Taking These Actions?
EPA has determined that the bi-state Memphis Area has attained the
1997 8-hour ozone standard and has also determined that Arkansas has
demonstrated that all other criteria for the redesignation of
Crittenden County, Arkansas (as part of the bi-state Memphis Area) from
nonattainment to attainment of the 1997 8-hour ozone NAAQS have been
met. See, section 107(d)(3)(E) of the CAA. EPA is also taking final
action to approve the maintenance plan for Crittenden County, Arkansas
as meeting the requirements of sections 175A and 107(d) of the CAA.
Furthermore, EPA is approving the new NOX and VOC MVEBs for
the years 2006 and 2021 contained in Arkansas' maintenance plan for
Crittenden County because these MVEBs are consistent with maintenance
for the bi-state Memphis Area. In the January 14, 2010, proposal to
redesignate Crittenden County, Arkansas (as part of the bi-state
Memphis Area), EPA described the applicable criteria for redesignation
to attainment and its analysis of how those criteria have been met. The
rationale for EPA's findings and actions is set forth in the proposed
rulemaking and summarized in this final rulemaking.
IV. What Are the Effects of These Actions?
Approval of the redesignation request changes the legal designation
of Crittenden County, Arkansas (as part of the bi-state Memphis Area)
from nonattainment to attainment for the 1997 8-hour ozone NAAQS, found
at 40 CFR part 81. The approval also incorporates into the Arkansas SIP
a plan for maintaining the 1997 8-hour ozone NAAQS in the bi-state
Memphis Area through 2021. The maintenance plan includes contingency
measures to remedy future violations of the 1997 8-hour ozone NAAQS,
and establishes NOx and VOC MVEBs for the years 2006 and 2021 for
Crittenden County, Arkansas. The other portion of the bi-state Memphis
Area is Shelby County, Tennessee. EPA has taken action on Tennessee's
redesignation request for Shelby County, Tennessee (as part of the bi-
state Memphis area) and the associated emissions inventory and
maintenance plan through a separate rulemaking action (75 FR 56).
V. Final Action
After evaluating Arkansas' redesignation request, EPA is taking
final action to approve the redesignation and change the legal
designation of Crittenden County, Arkansas (as part of the bi-state
Memphis Area) from nonattainment to attainment for the 1997 8-hour
ozone NAAQS. EPA has addressed the redesignation request, emission
inventory and maintenance plan for Shelby County, Tennessee (as a
portion of the bi-state Memphis Area) in a separate but coordinated
action. Through this action, EPA is also approving into the Arkansas
SIP, the 1997 8-hour ozone maintenance plan for Crittenden County,
Arkansas, which includes the new NOX MVEBs of 6.27 tons per
day (tpd) for 2006, and 1.84 tpd for 2021; and new VOC MVEBs of 2.95
tpd for 2006, and 1.39 tpd for 2021. These new MVEBs were found
adequate through a previous action (74 FR 21356). Within 24 months from
the effective date of EPA's adequacy finding for the MVEBs, the
transportation partners will need to demonstrate conformity to the new
NOX and VOC MVEBs pursuant to 40 CFR 93.104(e).
VI. 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
[[Page 14080]]
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, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 24, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Incorporation by reference, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
0
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. In Sec. 52.170(e) the third table is amended by revising the table
heading and column headings; and by adding a new entry at the end of
the table for ``8-Hour Ozone Maintenance Plan for Crittenden County,
Arkansas'' to read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
* * * * *
EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
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* * * * * * *
8-Hour Ozone Maintenance plan Crittenden, Shelby 2/26/2009 3/24/2010 [Insert
for the Crittenden County, County. FR page where
Arkansas Area. document begins].
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PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 81.304, the table entitled ``Arkansas--Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Memphis, TN-AR:
(AQCR Metropolitan Memphis Interstate) Crittenden County,'' to read as
follows:
Sec. 81.304 Arkansas.
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[[Page 14081]]
Arkansas--Ozone
[8-Hour standard]
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Designation \a\ Category/classification
Designated area -------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Memphis, TN-AR: (AQCR Metropolitan (\3\) Attainment............... (\3\) .........................
Memphis Interstate) Crittenden County.
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ April 28, 2008.
\3\ April 23, 2010.
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[FR Doc. 2010-6343 Filed 3-23-10; 8:45 am]
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