47880 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Proposed Rules 

§ 200.218 Triggering Events. 

Each of the following is a Triggering 

Event that may subject a Controlling 

Participant to Previous Participation 

review under § 200.220: 

(a) An application for FHA mortgage 

insurance, excluding applications 

already approved by HUD; 

(b) An application for funds provided 

by HUD, such as but not limited to 

supplemental loans or flexible subsidy 

loans; 

(c) A request to change any 

Controlling Participant with respect to a 

Covered Project; 

(d) A request for consent to an 

assignment of a housing assistance 

payment contract under section 8 of the 

United States Housing Act of 1937 or of 

another contract pursuant to which a 

Controlling Participant will receive 

funds in connection with a Covered 

Project; 

(e) A bid to purchase a Covered 

Project or mortgage note held by the 

Commissioner; or 

(f) A sale of a HUD-held mortgage 

affecting a Covered Project, or a sale of 

any HUD-held Covered Project that is 

now or will be subject to a Use 

Agreement or any other continuing HUD 

requirements or affordability 

restrictions. Notwithstanding the 

foregoing, HUD may elect to refrain 

from conducting Previous Participation 

review under this subsection where a 

bidder’s Previous Participation has 

already been reviewed under paragraph 

(e) of this section, in order to avoid a 

duplicative review. 

§ 200.220 Previous Participation review. 

(a) Scope of review. (1) Upon the 

occurrence of a Triggering Event, as 

provided in § 200.218, the 

Commissioner shall review the Previous 

Participation of the relevant Controlling 

Participants in considering whether to 

approve the participation of the 

Controlling Participants in connection 

with the Triggering Event. The 

Commissioner’s review of a Controlling 

Participant’s previous participation 

shall include previous financial and 

operational performance in federal 

programs that may indicate a financial 

or operating risk in approving the 

Controlling Participant’s participation 

in the subject Triggering Event. The 

Commissioner’s review shall consider 

financial stability; previous performance 

in accordance with HUD statutes, 

regulations and program requirements; 

general business practices and other 

factors that indicate that the Controlling 

Participant could not be expected to 

operate the project in a manner 

consistent with furthering the 

Department’s purpose of supporting and 

providing decent, safe and affordable 

housing for the public. At the 

Commissioner’s discretion, as necessary 

to determine financial or operating risk, 

this review may include the Controlling 

Participant’s participation and 

performance in any federal program and 

may exclude previous participation in 

which the Controlling Participant did 

not exercise, actually or constructively, 

control. 

(2) The Commissioner will not review 

Previous Participation for interests 

acquired by inheritance or by court 

decree. 

(3) In connection with the submittal 

of an application for any Triggering 

Event, applicants shall identify the 

Controlling Participants and, to the 

extent requested by HUD, make 

available to HUD the Controlling 

Participant’s Previous Participation in 

Covered Projects. 

(b) Results of review. (1) Based upon 

the review under paragraph (a) of this 

section, the Commissioner will approve, 

disapprove, limit, or otherwise 

condition the continued participation of 

the Controlling Participant in the 

Triggering Event, in accordance with 

paragraphs (c) and (d) of this section. 

(2) The Commissioner shall provide 

notice of the determination to the 

Controlling Participant including the 

reasons for disapproval or limitation. 

The Commissioner may provide notice 

of the determination to other parties, as 

well, such the FHA-approved lender in 

the transaction. 

(c) Basis for disapproval. (1) The 

Commissioner must disapprove a 

Controlling Participant if the 

Commissioner determines that the 

Controlling Participant is suspended, 

debarred or subject to other restriction 

under 2 CFR part 2424; 

(2) The Commissioner may 

disapprove a Controlling Participant if 

the Commissioner determines: 

(i) The Controlling Participant is 

restricted from doing business with any 

other department or agency of the 

federal government; or 

(ii) The Controlling Participant’s 

record of Previous Participation reveals 

significant risk to proceeding with the 

Triggering Event. 

(d) Alternatives to disapproval. In lieu 

of disapproval, the Commissioner may: 

(1) Condition or limit the Controlling 

Participant’s participation; 

(2) Temporarily withhold issuing a 

determination in order to gather more 

necessary information; or 

(3) Require the Controlling Participant 

to remedy or mitigate outstanding 

violations of HUD requirements to the 

Commissioner’s satisfaction in order to 

participate in the Triggering Event. 

§ 200.222 Request for reconsideration. 

(a) Where participation in a Triggering 

Event has been disapproved, otherwise 

limited or conditioned because of 

Previous Participation review, the 

Controlling Participant may request 

reconsideration of such determination 

by a review committee or reviewing 

officer as established by the 

Commissioner. 

(b) The Controlling Participant shall 

submit requests for such reconsideration 

in writing within 30 days of receipt of 

the Commissioner’s notice of the 

determination under § 200.220. 

(c) The review committee or 

reviewing officer shall schedule a 

review of such requests for 

reconsideration. The Controlling 

Participant shall be provided advance 

written notification of such a review. 

The Controlling Participant shall be 

provided the opportunity to submit 

such supporting materials as the 

Controlling Participant desires or as the 

review committee or reviewing officer 

requests. 

(d) Before making its decision, the 

review committee or reviewing officer 

will analyze the reasons for the 

decision(s) for which reconsideration is 

being requested, as well as the 

documents and arguments presented by 

the Controlling Participant. The review 

committee or reviewing officer may 

affirm, modify, or reverse the initial 

decision. Upon making its decision, the 

review committee or reviewing officer 

will provide written notice of its 

determination to the Controlling 

Participant setting forth the reasons for 

the determination(s). 

Dated: August 3, 2015. 

Edward L. Golding, 

Principal Deputy Assistant Secretary for 

Housing. 

[FR Doc. 2015–19529 Filed 8–7–15; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0483; FRL–9931–84– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Update to the Spokane Regional Clean 

Air Agency Solid Fuel Burning Device 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 


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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Proposed Rules 47881 

State Implementation Plan (SIP) 

revision submitted by the Washington 

State Department of Ecology (Ecology) 

on July 10, 2015. The SIP submission 

contains revisions to the Spokane 

Regional Clean Air Agency (SRCAA) 

solid fuel burning device regulations to 

control particulate matter from 

residential wood combustion. The 

updated regulations reflect the State of 

Washington’s statutory changes setting 

fine particulate matter trigger levels for 

impaired air quality burn bans. The 

submission also contains updates to the 

regulations to improve the clarity of the 

language. We are proposing to approve 

these changes because they meet the 

requirements of the Clean Air Act and 

strengthen the Washington SIP. 

DATES: Written comments must be 

received on or before September 9, 

2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2015–0483, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov. 

• Mail: Jeff Hunt, EPA Region 10, 

Office of Air, Waste and Toxics (AWT– 

150), 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Jeff Hunt, 

Office of Air, Waste and Toxics, AWT– 

150. Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2015– 

0483. The 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 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, hunt.jeff@

epa.gov, or the above EPA, Region 10 

address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

The following outline is provided to 

aid in locating information in this 

preamble: 

Table of Contents 

I. Background 

II. Summary of SIP Revision 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On July 1, 1987, the EPA promulgated 

revised National Ambient Air Quality 

Standards (NAAQS or standards) for 

particulate matter focused on inhalable 

coarse particles (PM10) that are 10 

micrometers in diameter or smaller (52 

FR 24663). The PM10 standard most 

relevant to Washington was the 24-hour 

(or daily) standard. The EPA set the 24- 

hour PM10 NAAQS at 150 micrograms 

per cubic meter (mg/m3), not to be 

exceeded more than once per year on 

average over a three-year period. The 

Spokane, Washington, area was 

designated nonattainment for PM10 and 

classified as moderate upon enactment 

of the Clean Air Act Amendments in 

1990. Washington submitted a PM10

attainment plan on December 12, 1994, 

and the EPA approved the Plan on 

January 27, 1997 (62 FR 3800). One 

element of the approved PM10

attainment plan was the residential 

wood smoke curtailment program 

contained in SRCAA, Article VIII, Solid 

Fuel Burning Device Standards. On July 

1, 2005, the EPA redesignated the 

Spokane area to attainment for PM10

based on the existing set of control 

measures contained in Ecology’s 

original 1994 attainment plan (70 FR 

38029). 

On July 18, 1997, the EPA revised the 

particulate matter standards to establish 

the fine particulate matter (PM2.5) 

NAAQS for particles that are 2.5 

micrometers in diameter or smaller, 

based on significant evidence and 

numerous health studies demonstrating 

that serious health effects are associated 

with exposures to PM2.5 (62 FR 38652). 

The EPA’s revised 1997 particulate 

matter standards included a 24-hour 

NAAQS of 65 mg/m3 for PM2.5, based on 

a three-year average of the 98th 

percentile of 24-hour concentrations. On 

October 17, 2006, the EPA revised the 

PM2.5 24-hour NAAQS from 65 mg/m3 to 

35 mg/m3 based on additional evidence 

and health studies (71 FR 61144). 

II. Summary of SIP Revision 

On January 27, 1997, the EPA 

approved Regulation I, Article VIII— 

Solid Fuel Burning Device Standards, 

adopted by SRCAA in 1994 (62 FR 

3800). This set of adopted regulations 

predated the EPA’s promulgation of the 

PM2.5 NAAQS, and focused on the 1987 

PM10 NAAQS for residential woodstove 

curtailment. More recently, the 

Washington State Legislature revised 

the underlying statutory authority 

contained in Chapter 70.94 Revised 

Code of Washington (RCW) Washington 

Clean Air Act (Washington Clean Air 

Act) regarding residential wood smoke 

curtailment programs to focus on the 

more pressing and environmentally 

relevant 24-hour PM2.5 NAAQS. In a SIP 

revision approved by the EPA on May 

9, 2014, Ecology provided an analysis 

covering former PM10 nonattainment 

areas in both Western and Eastern 

Washington to demonstrate that wood 

smoke curtailment programs focused on 

the more stringent 24-hour PM2.5

NAAQS will provide continued 

maintenance of the 24-hour PM10

NAAQS (79 FR 26628). The EPA agreed 

with Ecology’s analysis and approved 

revisions to the statewide regulations 

contained in Chapter 173–433 

Washington Administrative Code 

(WAC) Solid Fuel Burning Devices to 

remove outdated PM10 burn ban trigger 


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47882 Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Proposed Rules 

levels and replace them with PM2.5

trigger levels, consistent with the 

changes to Chapter 70.94.473 of the 

Washington Clean Air Act. 

In this action, as the Governor’s 

designee for revisions to the Washington 

SIP, Ecology requested that the EPA 

approve changes to Regulation I, Article 

VIII—Solid Fuel Burning Device 

Standards adopted by SRCAA on July 

10, 2014. This proposed SIP revision 

aligns the SRCAA solid fuel burning 

device regulations with the Washington 

Clean Air Act statutory changes 

discussed above, as well as the EPAapproved changes to Ecology’s 

statewide solid fuel burning device 

regulations (79 FR 26628, May 9, 2014). 

SRCAA’s regulatory changes generally 

mirror the statewide Ecology regulations 

and update the existing EPA-approved 

SRCAA regulations for improved clarity. 

A document showing, in redline/strikeout, the changes, is included in the 

docket for this action. 

As discussed above, the 1994 p.m.10

attainment plan for the Spokane area 

included SWCAA Regulation I, Article 

VIII that regulates particulate matter 

emissions from residential solid fuel 

burning devices (e.g., woodstoves and 

fireplaces). These regulations include 

several provisions that together provide 

continuous control of particulate matter 

emissions, including an episodic 

curtailment program, restrictions 

concerning materials that can and 

cannot be burned, and a limit on visible 

emissions from residential chimneys. 

The primary element of the solid fuel 

burning device regulations to help 

ensure maintenance of the NAAQS is 

the episodic curtailment program which 

restricts the use of woodstoves and 

fireplaces on days that are conducive to 

the buildup of particulate matter 

concentrations. The curtailment 

program restricts the use of woodstoves 

and fireplaces by calling stage 1 and 

stage 2 burn bans consistent with the 

changes to Chapter 70.94.473 of the 

Washington Clean Air Act. 

In addition to the episodic 

curtailment program, the regulations 

include provisions that impose 

restrictions on what can be burned in 

woodstoves and fireplaces at any time. 

The regulations require that seasoned 

wood (defined as wood with a moisture 

content of 20% or less) be burned in 

woodstoves and fireplaces. The 

regulations also specifically prohibit the 

burning of garbage (and other named 

materials) in woodstoves and fireplaces, 

but does allow the burning of paper 

sufficient to start a fire. These 

provisions control the particulate matter 

emissions from woodstoves and 

fireplaces on a continuous basis, 

whereas the episodic curtailment 

program imposes additional restrictions 

on the use of woodstoves and fireplaces 

only when necessary to address the 

potential buildup of particulate matter 

concentrations. 

Finally, the regulations establish a 

20% opacity limit on smoke from 

residential woodstoves and fireplaces. 

This provision provides a visual 

indicator for the proper operation of a 

woodstove or fireplace, including the 

use of properly seasoned wood. The 

20% opacity limit applies at all times 

except during the starting of a fire and 

the refueling of a woodstove or 

fireplace. However, during those times, 

the episodic curtailment program and 

other restrictions regulating fuel 

contained in the provisions described 

above continue to apply, as clarified in 

the June 22, 2015 letter from the 

Spokane Regional Clean Air Agency. 

Accordingly, this combination of 

regulatory provisions constitutes 

continuous emission limitations, 

consistent with Federal Clean Air Act 

requirements. Specifically, reliance on 

the episodic curtailment program and 

other provisions regulating fuel 

described above serves as an adequate 

alternative emission limit during the 

starting and refueling of fires in 

residential woodstoves and fireplaces, 

when use of the 20% opacity limits 

would be infeasible. Reliance on those 

requirements during starting and 

refueling periods is limited and specific 

to the operation of residential stoves 

and fireplaces, minimizes the frequency 

and duration of those periods, and 

minimizes the impact of emissions on 

ambient air quality during those 

periods, while the episodic curtailment 

program ensures that emission impacts 

are avoided during potential worst-case 

periods. While the EPA’s guidance on 

alternative emission limits also specifies 

that the owner or operator’s actions 

during startup and shutdown periods 

should be documented by signed, 

contemporaneous operating logs or 

other relevant evidence, application of 

this recordkeeping requirement in this 

case would be an unreasonable burden 

for individual home heating situations. 

See 80 FR 33840, June 12, 2015 

[relevant discussion begins on page 

33913]. 

III. Proposed Action 

The EPA is proposing to approve 

Washington’s SIP revision received July 

10, 2015. Specifically, the EPA is 

proposing to approve and incorporate 

by reference into the SIP the SRCAA 

regulations shown in Table 1. In 

addition, Ecology and SRCAA 

submitted Section 8.11, Regulatory 

Actions and Penalties to demonstrate 

adequate enforcement authority to 

implement the program. Regulations 

describing agency enforcement 

authority are not generally incorporated 

by reference into the SIP to avoid 

potential conflict with the EPA’s 

independent authorities. Therefore, the 

EPA has reviewed and is proposing 

approval of Section 8.11 as having 

adequate enforcement authority, but 

will not incorporate this section by 

reference into the SIP codified in 40 

CFR 52.2470(c). Similarly, SRCAA 

Section 8.04 incorporates by reference 

the statewide Ecology solid fuel burning 

device regulations contained in WAC 

173–433. To the extent that SRCAA’s 

regulations reference WAC 173–433– 

130, 173–433–170, and 173–433–200 

which contain nuisance, fee, and 

enforcement provisions, Washington is 

not submitting these provisions for 

approval, consistent with the EPA’s May 

9, 2014 final action on the statewide 

Ecology regulations. See 79 FR 26628. 

We have made the determination that 

this action is consistent with section 

110 of the CAA. The EPA is soliciting 

public comments which will be 

considered before taking final action. 

TABLE 1—SUBMITTED RULES

Agency Citation 

(section) Title State effective date Submitted Explanation 

Regulation I—Article VIII—Solid Fuel Burning Device Standards 

SRCAA ........ 8.01 Purpose ...................................................... 09/02/15 07/10/15 

SRCAA ........ 8.02 Applicability ................................................. 09/02/15 07/10/15 

SRCAA ........ 8.03 Definitions ................................................... 09/02/15 07/10/15 


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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Proposed Rules 47883 

TABLE 1—SUBMITTED RULES—Continued 

Agency Citation 

(section) Title State effective date Submitted Explanation 

SRCAA ........ 8.04 Emission Performance Standards .............. 09/02/15 07/10/15 Except SRCAA’s incorporation 

by reference of WAC 173– 

433–130, 173–433–170, and 

173–433–200. 

SRCAA ........ 8.05 Opacity Standards ...................................... 09/02/15 07/10/15 

SRCAA ........ 8.06 Prohibited Fuel Types ................................ 09/02/15 07/10/15 

SRCAA ........ 8.07 Curtailment (Burn Ban) ............................... 09/02/15 07/10/15 

SRCAA ........ 8.08 Exemptions ................................................. 09/02/15 07/10/15 

SRCAA ........ 8.09 Procedure to Geographically Limit Solid 

Fuel Burning Devices.

09/02/15 07/10/15 

SRCAA ........ 8.10 Restrictions on Installation and Sales of 

Solid Fuel Burning Devices.

09/02/15 07/10/15 

IV. Incorporation by Reference 

In accordance with requirements of 1 

CFR 51.5, the EPA is proposing to revise 

our incorporation by reference of 40 

CFR 52.2470(c)—Table 9 ‘‘Additional 

Regulations Approved for the Spokane 

Regional Clean Air Agency (SRCAA) 

Jurisdiction’’ to reflect the regulations 

shown in Table 1. The EPA has made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive 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 

this action does not involve technical 

standards; and 

• does not provide the 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 it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. This 

SIP revision is not approved to apply in 

Indian reservations in the State or any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, and Particulate matter. 

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

Dated: July 27, 2015. 

Dennis J. McLerran, 

Regional Adminstrator, Region 10. 

[FR Doc. 2015–19280 Filed 8–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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, TennesseeMississippi-Arkansas (Memphis, TNMS-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. 


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