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[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Proposed Rules]
[Pages 47883-47886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19589]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0247; FRL-9932-23-Region 4]

Approval and Promulgation of Implementation Plans; Mississippi; 
Memphis, TN-MS-AR Emissions Statements for the 2008 8-Hour Ozone 
Standard

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a draft state implementation plan (SIP) revision submitted by 
the State of Mississippi, through the Mississippi Department of 
Environmental Quality (MDEQ) on June 1, 2015, for parallel processing, 
to address the emissions statement requirements for the State's portion 
of the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 
8-hour ozone national ambient air quality standards (NAAQS) 
nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR 
Area'' or ``Area''). Annual emissions reporting (i.e., emissions 
statements) is required for all ozone nonattainment areas. The Area is 
comprised of Shelby County in Tennessee, Crittenden County in Arkansas, 
and a portion of DeSoto County in Mississippi. In a separate action, 
EPA approved Tennessee's regulations addressing emissions statements 
for its portion of the Memphis, TN-MS-AR Area. EPA will consider and 
take action on the emissions statements requirements for the Arkansas 
portion of this Area in a separate action. This proposed action is 
being taken pursuant to the Clean Air Act (CAA or Act) and its 
implementing regulations.

[[Page 47884]]

DATES: Written comments must be received on or before September 9, 
2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0247, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-ARMS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0247,'' Air Regulatory Management 
Section (formerly Regulatory Development Section), Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air 
Regulatory Management Section (formerly Regulatory Development 
Section), Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0247. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at bell.tiereny@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What is parallel processing?

    Consistent with EPA regulations found at 40 CFR part 51, appendix 
V, section 2.3.1, for purposes of expediting review of a SIP submittal, 
parallel processing allows a state to submit a plan to EPA prior to 
actual adoption by the state. Generally, the state submits a copy of 
the proposed regulation or other revisions to EPA before conducting its 
public hearing. EPA reviews this proposed state action, and prepares a 
notice of proposed rulemaking. EPA's notice of proposed rulemaking is 
published in the Federal Register during the same time frame that the 
state is holding its public process. The state and EPA then provide for 
concurrent public comment periods on both the state action and federal 
action.
    If the revision that is finally adopted and submitted by the State 
is changed in aspects other than those identified in the proposed 
rulemaking on the parallel process submission, EPA will evaluate those 
changes and if necessary and appropriate, issue another notice of 
proposed rulemaking. The final rulemaking action by EPA will occur only 
after the SIP revision has been adopted by the state and submitted 
formally to EPA for incorporation into the SIP.
    On June 1, 2015, the State of Mississippi, through MDEQ, submitted 
a formal letter request for parallel processing of a draft SIP revision 
that the State had already taken through public comment. The letter 
also contains a schedule for final adoption of the draft SIP revision. 
MDEQ requested parallel processing so that EPA could begin to take 
action on its draft SIP revision in advance of the State's submission 
of the final SIP revision. As stated above, the final rulemaking action 
by EPA will occur only after the SIP revision has been: (1) Adopted by 
Mississippi, (2) submitted formally to EPA for incorporation into the 
SIP; and (3) evaluated by EPA, including any changes made by the State 
after the June 1, 2015, draft was submitted to EPA.

II. Background

    On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under 
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is 
attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ambient air quality ozone concentrations is less 
than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality 
monitoring data for the 3-year period must meet a data completeness 
requirement. The ambient air quality monitoring data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90 percent, and no single year has less 
than 75 percent data completeness as determined in appendix I of part 
50.
    Upon promulgation of a new or revised NAAQS, the CAA requires EPA 
to designate as nonattainment any area that is violating the NAAQS, 
based on the three most recent years of ambient air quality data at the 
conclusion of the designation process. The Memphis, TN-MS-AR Area was 
designated nonattainment for the 2008 8-hour

[[Page 47885]]

ozone NAAQS on April 30, 2012 (effective July 20, 2012) using 2008-2010 
ambient air quality data. See 77 FR 30088 (May 21, 2012). At the time 
of designation, the Memphis, TN-MS-AR Area was classified as a marginal 
nonattainment area for the 2008 8-hour ozone NAAQS. On March 6, 2015, 
EPA finalized a rule entitled ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements'' (SIP Requirements Rule) that establishes the 
requirements that state, tribal, and local air quality management 
agencies must meet as they develop implementation plans for areas where 
air quality exceeds the 2008 8-hour ozone NAAQS.\1\ See 80 FR 12264. 
This rule establishes nonattainment area attainment dates based on 
Table 1 of section 181(a) of the CAA, including an attainment date 
three years after the July 20, 2012, effective date, for areas 
classified as marginal for the 2008 8-hour ozone NAAQS. Therefore, the 
attainment date for the Memphis, TN-MS-AR Area is July 20, 2015.
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    \1\ The SIP Requirements Rule addresses a range of nonattainment 
area SIP requirements for the 2008 ozone NAAQS, including 
requirements pertaining to attainment demonstrations, reasonable 
further progress (RFP), reasonably available control technology, 
reasonably available control measures, major new source review, 
emission inventories, and the timing of SIP submissions and of 
compliance with emission control measures in the SIP. The rule also 
revokes the 1997 ozone NAAQS and establishes anti-backsliding 
requirements.
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    Based on the nonattainment designation, Mississippi is required to 
develop a nonattainment SIP revision addressing certain CAA 
requirements. Specifically, pursuant to CAA section 182(a)(3)(B), 
Mississippi is required to submit a SIP revision addressing emissions 
statements requirements.
    Ground level ozone is not emitted directly into the air, but is 
created by chemical reactions between oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) in the presence 
of sunlight. Emissions from industrial facilities and electric 
utilities, motor vehicle exhaust, gasoline vapors, and chemical 
solvents are some of the major sources of NOX and VOC. 
Section 182(a)(3)(B) of the CAA requires each state with ozone 
nonattainment areas to submit a SIP revision requiring annual emissions 
statements to be submitted to the state by the owner or operator of 
each NOX or VOC stationary source \2\ located within a 
nonattainment area showing the actual emissions of NOX and 
VOC from that source. The first statement is due three years from the 
area's nonattainment designation, and subsequent statements are due at 
least annually thereafter.
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    \2\ A state may waive the emissions statements requirement for 
any class or category of stationary sources which emit less than 25 
tons per year of VOCs or NOX if the state meets the 
requirements of section 182(a)(3)(B)(ii).
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    On June 1, 2015, Mississippi submitted a draft SIP revision, for 
parallel processing, containing an emissions statements requirement 
related to its portion of the Memphis, TN-MS-AR Area.\3\ EPA is now 
proposing to approve this draft SIP revision as meeting the 
requirements of section 182(a)(3)(B) of the CAA. More information on 
EPA's analysis of Mississippi's draft SIP revision is provided below.
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    \3\ Mississippi originally submitted a rule to address the 2008 
8-hour ozone standard in a January 14, 2015, SIP revision. However, 
the State subsequently revised its rule to more fully address the 
requirements of section 182(a)(3)(B) and submitted the draft revised 
rule to EPA in a June 1, 2015, draft SIP submission for parallel 
processing. The June 1, 2015, draft SIP submission supersedes the 
January 14, 2015, submission.
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III. Analysis of State's Submittal

    Mississippi's June 1, 2015, draft submission seeks to include 11 
Mississippi Administrative Code (MAC), Part 2, Chapter 11, 
``Regulations for Ambient Air Quality Non-Attainment Areas,'' into its 
SIP to meet the emissions statements requirement of the CAA section 
182(a)(3)(B).\4\ This new state regulation addresses the emissions 
statements requirement and is applicable to sources in the portion of 
DeSoto County, Mississippi, that is located within the Area. The June 
1, 2015, draft SIP submittal adds Rule 11.1--General, which states the 
purpose of the regulation; Rule 11.2--Definitions, which defines 
Commission, Department, NAAQS, Nonattainment Area and Emissions 
Statement; and Rule 11.3--Emissions Statement, which: (1) Applies to 
all stationary sources of NOX or VOCs which have the 
potential to emit 25 tons or more of either pollutant per calendar year 
and are located in areas designated as nonattainment for the 2008 ozone 
NAAQS; (2) requires owners and operators of those stationary sources of 
NOX and VOC to provide a statement showing the actual 
emissions of NOX and VOCs from that source; and (3) requires 
that emissions statements be submitted to MDEQ by July 1 of every year, 
showing actual emissions of the previous calendar year and containing a 
certification that the information contained in the statement is 
accurate to the best knowledge of the individual certifying the 
statement. EPA has determined that this regulation meets all of the 
requirements of CAA section 182(a)(3)(B) for the Mississippi portion of 
the Area because it covers the portion of DeSoto County within the Area 
and satisfies the applicability, certification, and other emissions 
statements criteria contained therein.
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    \4\ This regulation conforms to the new nomenclature for 
Mississippi's state regulations pursuant to the State's recently 
amended Administrative Procedures Act. Mississippi has not provided 
EPA with a SIP revision to renumber the state regulations currently 
incorporated into the SIP.
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IV. Incorporation by Reference

    In this proposed rule, EPA is proposing to finalize regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is proposing to finalize the 
incorporate by reference of 11 MAC, Part 2, Chapter 11 entitled 
``Regulations for Ambient Air Quality Non-Attainment Areas.'' EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
Region 4 EPA office (see the ADDRESSES section of this preamble for 
more information).

V. Proposed Action

    EPA is proposing to approve the draft SIP revision submitted by 
Mississippi on June 1, 2015, to incorporate 11 MAC, Part 2, Chapter 11, 
``Regulations for Ambient Air Quality Non-Attainment Areas,'' into its 
SIP to meet the section 182(a)(3)(B) emissions statements requirement 
for the Mississippi portion of the Memphis, TN-MS-AR Area. EPA has 
preliminarily concluded that the State's submission meets the 
requirements of sections 110 and 182 of the CAA.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 47886]]

     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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-19589 Filed 8-7-15; 8:45 am]
 BILLING CODE 6560-50-P
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