Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules 7269 

25Title V program regulations are federallyapproved but not incorporated into the federallyapproved SIP. 

APC–S–6 25 that covers the 

implementation and enforcement of 

PSD and NNSR permits after they have 

been issued. EPA has made the 

preliminary determination that 

Mississippi adequately provide for 

permitting fees related to the 2010 1- 

hour SO2 NAAQS when necessary. 

13. 110(a)(2)(M) Consultation and 

Participation by Affected Local Entities: 

Section 110(a)(2)(M) of the Act requires 

states to provide for consultation and 

participation in SIP development by 

local political subdivisions affected by 

the SIP. Mississippi Code Title 49, 

Sections 49–17–17(c) 49–17–19(b) 

(Appendix A–9) requires that MDEQ 

notify the public (including local 

political subdivisions) of an application, 

preliminary determination, the activity 

or activities involved in the permit 

action, any emissions change associated 

with any permit modification, and the 

opportunity for comment prior to 

making a final permitting decision. 

Additionally, MDEQ works closely with 

local political subdivisions during the 

development of its transportation 

conformity SIP and regional haze SIP. 

EPA has made the preliminary 

determination that Mississippi’s SIP and 

practices adequately demonstrate 

consultation with affected local entities 

related to the 2010 1-hour SO2 NAAQS. 

V. Proposed Action 

With the exception of interstate 

transport provisions pertaining to the 

contribution to nonattainment or 

interference with maintenance in other 

states and visibility protection 

requirements of section 110(a)(2)(D)(i)(I) 

and (II) (prongs 1, 2, and 4), and the 

state board majority requirements 

respecting the significant portion of 

income of section 110(a)(2)(E)(ii), EPA is 

proposing to approve Mississippi’s June 

20, 2013, SIP submission for the 2010 1- 

hour SO2 NAAQS for the above 

described infrastructure SIP 

requirements. EPA is proposing to 

approve these portions of Mississippi’s 

infrastructure SIP submission for the 

2010 1-hour SO2 NAAQS because these 

aspects of the submission are consistent 

with section 110 of the CAA. With 

regard to the state board majority 

requirements respecting significant 

portion of income, EPA is proposing to 

disapprove Mississippi’s June 20, 2013, 

infrastructure submission. 

Under section 179(a) of the CAA, final 

disapproval of a submittal that 

addresses a requirement of a CAA Part 

D Plan or is required in response to a 

finding of substantial inadequacy as 

described in CAA section 110(k)(5) (SIP 

call) starts a sanctions clock. The 

portion of section 110(a)(2)(E)(ii) 

provisions (the provisions being 

proposed for disapproval in today’s 

notice) were not submitted to meet 

requirements for Part D or a SIP call, 

and therefore, if EPA takes final action 

to disapprove this submittal, no 

sanctions will be triggered. However, if 

this disapproval action is finalized, that 

final action will trigger the requirement 

under section 110(c) that EPA 

promulgate a Federal Implementation 

Plan (FIP) no later than two years from 

the date of the disapproval unless the 

State corrects the deficiency, and EPA 

approves the plan or plan revision 

before EPA promulgates such FIP. 

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 proposed 

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 proposed 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.); 

• 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 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: January 28, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–02608 Filed 2–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2015–0743; FRL–9942–01– 

Region 4] 

Air Plan Approval and Designation of 

Areas; MS; Redesignation of the 

DeSoto County, 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: On December 11, 2015, the 

State of Mississippi, through the 

Mississippi Department of Environment 

Quality (MDEQ), submitted a request for 

the Environmental Protection Agency 

(EPA) to redesignate the portion of 

Mississippi that is within the Memphis, 

Tennessee-Mississippi-Arkansas 

(Memphis, TN-MS-AR) 2008 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘Memphis, TN-MS-AR 

Area’’ or ‘‘Area’’) and to approve a State 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
7270 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules 

1On August 27, 2015, EPA published a notice of 

proposed rulemaking entitled ‘‘Determinations of 

Attainment by the Attainment Date, Extensions of 

the Attainment Date, and Reclassification of Several 

Areas Classified as Marginal for the 2008 Ozone 

National Ambient Air Quality Standards’’ 

proposing to determine that the Memphis, TN-MSAR Area attained the 2008 8-hour ozone NAAQS by 

the applicable attainment date of July 20, 2015, 

based on 2012–2014 monitoring data. See 80 FR 

51992. Any final action on the August 27, 2015 

proposed rule will occur in a separate rulemaking 

from this proposed action. 

Implementation Plan (SIP) revision 

containing a maintenance plan for the 

Area. EPA is proposing to determine 

that the Memphis, TN-MS-AR Area is 

attaining the 2008 8-hour ozone national 

ambient air quality standards (NAAQS); 

to approve the State’s plan for 

maintaining attainment of the 2008 8- 

hour ozone NAAQS in the Area, 

including the motor vehicle emission 

budgets (MVEBs) for nitrogen oxides 

(NOX) and volatile organic compounds 

(VOC) for the year 2027 for the 

Mississippi portion of the Area, into the 

SIP; and to redesignate the Mississippi 

portion of the Area to attainment for the 

2008 8-hour ozone NAAQS. EPA is also 

notifying the public of the status of 

EPA’s adequacy determination for the 

MVEBs for the Mississippi portion of 

the Memphis, TN-MS-AR Area. 

DATES: Comments must be received on 

or before March 14, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0743 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman may be reached by phone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What are the actions EPA is proposing to 

take? 

II. What is the background for EPA’s 

proposed actions? 

III. What are the criteria for redesignation? 

IV. Why is EPA proposing these actions? 

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

VI. What is EPA’s analysis of Mississippi’s 

proposed NOX and VOC MVEBs for the 

Mississippi portion of the area? 

VII. What is the status of EPA’s adequacy 

determination for the proposed NOX and 

VOC MVEBs for the Mississippi portion 

of the area? 

VIII. What is the effect of EPA’s proposed 

actions? 

IX. Proposed Actions 

X. Statutory and Executive Order Reviews 

I. What are the actions EPA is 

proposing to take? 

EPA is proposing to take the following 

three separate but related actions, one of 

which involves multiple elements: (1) 

To determine that the Memphis, TNMS-AR Area is attaining the 2008 8- 

hour ozone NAAQS; 1 (2) to approve 

Mississippi’s plan for maintaining the 

2008 8-hour ozone NAAQS 

(maintenance plan), including the 

associated MVEBs for the Mississippi 

portion of the Memphis, TN-MS-AR 

Area, into the SIP; and (3) to redesignate 

the Mississippi portion of the Memphis, 

TN-MS-AR Area to attainment for the 

2008 8-hour ozone NAAQS. EPA is also 

notifying the public of the status of 

EPA’s adequacy determination for the 

MVEBs for the Mississippi portion of 

the Memphis, TN-MS-AR Area. The 

Memphis, TN-MS-AR Area consists of a 

portion of DeSoto County in 

Mississippi, all of Shelby County in 

Tennessee, and all of Crittenden County 

in Arkansas. This proposed actions are 

summarized below and described in 

greater detail throughout this notice of 

proposed rulemaking. 

EPA is making the preliminary 

determination that the Memphis, TNMS-AR Area is attaining the 2008 8- 

hour ozone NAAQS based on recent air 

quality data and proposing to approve 

Mississippi’s maintenance plan for its 

portion of the Memphis, TN-MS-AR 

Area as meeting the requirements of 

section 175A (such approval being one 

of the Clean Air Act (CAA or Act) 

criteria for redesignation to attainment 

status). The maintenance plan is 

designed to keep the Memphis, TN-MSAR Area in attainment of the 2008 8- 

hour ozone NAAQS through 2027. The 

maintenance plan includes 2027 MVEBs 

for NOX and VOC for the Mississippi 

portion of the Memphis, TN-MS-AR 

Area for transportation conformity 

purposes. EPA is proposing to approve 

these MVEBs and incorporate them into 

the Mississippi SIP. 

EPA also proposes to determine that 

the Mississippi portion of the Memphis, 

TN-MS-AR Area has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. 

Accordingly, in this action, EPA is 

proposing to approve a request to 

change the legal designation of DeSoto 

County within the Mississippi portion 

of the Memphis, TN-MS-AR Area, as 

found at 40 CFR part 81, from 

nonattainment to attainment for the 

2008 8-hour ozone NAAQS. 

EPA is also notifying the public of the 

status of EPA’s adequacy process for the 

2027 NOX and VOC MVEBs for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area. The Adequacy 

comment period began on November 2, 

2015, with EPA’s posting of the 

availability of Mississippi’s submissions 

on EPA’s Adequacy Web site (http://

www3.epa.gov/otaq/stateresources/

transconf/currsips.htm#desoto-ms). 

The Adequacy comment period for 

these MVEBs closed on December 2, 

2015. No comments, adverse or 

otherwise, were received during the 

Adequacy comment period. Please see 

section VII of this proposed rulemaking 

for further explanation of this process 

and for more details on the MVEBs. 

In summary, this notice of proposed 

rulemaking is in response to 

Mississippi’s December 11, 2015, 

redesignation request and associated SIP 

submission that address the specific 

issues summarized previously and the 

necessary elements described in section 

107(d)(3)(E) of the CAA for 

redesignation of the Mississippi portion 

of the Memphis, TN-MS-AR Area to 

attainment for the 2008 8-hour ozone 

NAAQS. 

II. What is the background for EPA’s 

proposed actions? 

On March 12, 2008, EPA promulgated 

a revised 8-hour ozone NAAQS of 0.075 

parts per million (ppm). See 73 FR 

16436 (March 27, 2008). Under EPA’s 

regulations at 40 CFR part 50, the 2008 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient air quality ozone 


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2This rule, entitled Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

State Implementation Plan Requirements and 

published at 80 FR 12264 (March 6, 2015), 

addresses a range of nonattainment area SIP 

requirements for the 2008 ozone NAAQS, including 

requirements pertaining to attainment 

demonstrations, reasonable further progress (RFP), 

reasonably available control technology (RACT), 

reasonably available control measures (RACM), 

major new source review (NSR), emission 

inventories, and the timing of SIP submissions and 

of compliance with emission control measures in 

the SIP. This rule also addresses the revocation of 

the 1997 ozone NAAQS and the anti-backsliding 

requirements that apply when the 1997 ozone 

NAAQS are revoked. 

concentrations is less than or equal to 

0.075 ppm. See 40 CFR 50.15. Ambient 

air quality monitoring data for the 3- 

year period must meet a data 

completeness requirement. The ambient 

air quality monitoring data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90 percent, and no single year has less 

than 75 percent data completeness as 

determined in Appendix I of part 50. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of complete, 

quality assured, and certified ambient 

air quality data at the conclusion of the 

designation process. The Memphis, TNMS-AR Area was designated 

nonattainment for the 2008 8-hour 

ozone NAAQS on May 21, 2012 

(effective July 20, 2012) using 2008– 

2010 ambient air quality data. See 77 FR 

30088 (May 21, 2012). At the time of 

designation, the Memphis, TN-MS-AR 

Area was classified as a marginal 

nonattainment area for the 2008 8-hour 

ozone NAAQS. In the final 

implementation rule for the 2008 8-hour 

ozone NAAQS (SIP Implementation 

Rule),2 EPA established ozone 

nonattainment area attainment dates 

based on Table 1 of section 181(a) of the 

CAA. This established an attainment 

date three years after the July 20, 2012, 

effective date for areas classified as 

marginal areas for the 2008 8-hour 

ozone nonattainment designations. 

Therefore, the Memphis, TN-MS-AR 

Area’s attainment date is July 20, 2015. 

III. What are the criteria for 

redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: (1) The 

Administrator determines that the area 

has attained the applicable NAAQS; (2) 

the Administrator has fully approved 

the applicable implementation plan for 

the area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and, (5) the state containing such 

area has met all requirements applicable 

to the area for purposes of redesignation 

under section 110 and part D of the 

CAA. 

On April 16, 1992, EPA provided 

guidance on redesignation in the 

General Preamble for the 

Implementation of title I of the CAA 

Amendments of 1990 (57 FR 13498), 

and supplemented this guidance on 

April 28, 1992 (57 FR 18070). EPA has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Ozone and Carbon Monoxide Design 

Value Calculations,’’ Memorandum from Bill 

Laxton, Director, Technical Support Division, 

June 18, 1990; 

2. ‘‘Maintenance Plans for Redesignation of 

Ozone and Carbon Monoxide Nonattainment 

Areas,’’ Memorandum from G. T. Helms, 

Chief, Ozone/Carbon Monoxide Programs 

Branch, April 30, 1992; 

3. ‘‘Contingency Measures for Ozone and 

Carbon Monoxide (CO) Redesignations,’’ 

Memorandum from G. T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, 

June 1, 1992; 

4. ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ 

Memorandum from John Calcagni, Director, 

Air Quality Management Division, September 

4, 1992 (hereafter referred to as the ‘‘Calcagni 

Memorandum’’); 

5. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean Air 

Act (CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

6. ‘‘Technical Support Documents (TSDs) 

for Redesignation of Ozone and Carbon 

Monoxide (CO) Nonattainment Areas,’’ 

Memorandum from G. T. Helms, Chief, 

Ozone/Carbon Monoxide Programs Branch, 

August 17, 1993; 

7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting Requests 

for Redesignation to Attainment of the Ozone 

and Carbon Monoxide (CO) National 

Ambient Air Quality Standards (NAAQS) On 

or After November 15, 1992,’’ Memorandum 

from Michael H. Shapiro, Acting Assistant 

Administrator for Air and Radiation, 

September 17, 1993; 

8. ‘‘Use of Actual Emissions in 

Maintenance Demonstrations for Ozone and 

CO Nonattainment Areas,’’ Memorandum 

from D. Kent Berry, Acting Director, Air 

Quality Management Division, November 30, 

1993; 

9. ‘‘Part D New Source Review (Part D 

NSR) Requirements for Areas Requesting 

Redesignation to Attainment,’’ Memorandum 

from Mary D. Nichols, Assistant 

Administrator for Air and Radiation, October 

14, 1994; and 

10. ‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National Ambient 

Air Quality Standard,’’ Memorandum from 

John S. Seitz, Director, Office of Air Quality 

Planning and Standards, May 10, 1995. 

IV. Why is EPA proposing these 

actions? 

On December 11, 2015, the State of 

Mississippi, through MDEQ, requested 

that EPA redesignate the Mississippi 

portion of the Memphis, TN-MS-AR 

Area to attainment for the 2008 8-hour 

ozone NAAQS. EPA’s evaluation 

indicates that the entire Memphis, TNMS-AR Area has attained the 2008 8- 

hour ozone NAAQS, and that the 

Mississippi portion of the Memphis, 

TN-MS-AR Area meets the requirements 

for redesignation as set forth in section 

107(d)(3)(E), including the maintenance 

plan requirements under section 175A 

of the CAA. As a result, EPA is 

proposing to take the three related 

actions summarized in section I of this 

notice. 

V. What is EPA’s analysis of the 

request? 

As stated previously, in accordance 

with the CAA, EPA proposes in this 

action to: (1) Determine that the 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone NAAQS; (2) 

approve the Mississippi portion of the 

Memphis, TN-MS-AR Area’s 2008 8- 

hour ozone NAAQS maintenance plan, 

including the associated MVEBs, into 

the Mississippi SIP; and (3) redesignate 

the Mississippi portion of the Memphis, 

TN-MS-AR Area to attainment for the 

2008 8-hour ozone NAAQS. The five 

redesignation criteria provided under 

CAA section 107(d)(3)(E) are discussed 

in greater detail for the Area in the 

following paragraphs of this section. 

Criteria (1)—The Memphis, TN-MS-AR 

Area has Attained the 2008 8-Hour 

Ozone NAAQS 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has 

attained the applicable NAAQS (CAA 

section 107(d)(3)(E)(i)). For ozone, an 

area may be considered to be attaining 

the 2008 8-hour ozone NAAQS if it 

meets the 2008 8-hour ozone NAAQS, 

as determined in accordance with 40 

CFR 50.15 and Appendix I of part 50, 

based on three complete, consecutive 

calendar years of quality-assured air 


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7272 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules 

3The highest 3-year design value at a monitoring 

station is considered the design value for the Area. 

4This preliminary data is available at EPA’s air 

data Web site: http://aqsdr1.epa.gov/aqsweb/

aqstmp/airdata/download_files.html#Daily. 

quality monitoring data. To attain the 

NAAQS, the 3-year average of the 

fourth-highest daily maximum 8-hour 

average ozone concentrations measured 

at each monitor within an area over 

each year must not exceed 0.075 ppm. 

Based on the data handling and 

reporting convention described in 40 

CFR part 50, Appendix I, the NAAQS 

are attained if the design value is 0.075 

ppm or below. The data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA Air Quality System 

(AQS). The monitors generally should 

have remained at the same location for 

the duration of the monitoring period 

required for demonstrating attainment. 

In this action, EPA is proposing to 

determine that the Memphis, TN-MSAR Area is attaining the 2008 8-hour 

ozone NAAQS. EPA reviewed ozone 

monitoring data from monitoring 

stations in the Memphis, TN-MS-AR 

Area for the 2008 8-hour ozone NAAQS 

for 2012–2014, and the design values for 

each monitor in the Area are less than 

0.075 ppm. These data have been 

quality-assured, are recorded in 

Aerometric Information Retrieval 

System (AIRS–AQS), and indicate that 

the Area is attaining the 2008 8-hour 

ozone NAAQS. The fourth-highest 8- 

hour ozone values at each monitor for 

2012, 2013, 2014, and the 3-year 

averages of these values (i.e., design 

values), are summarized in Table 1, 

below. 

TABLE 1—2012–2014 DESIGN VALUE CONCENTRATIONS FOR THE MEMPHIS, TN-MS-AR AREA

[ppm] 

Location Site 

4th Highest 8-hour ozone value (ppm) 3-Year design 

values (ppm) 

2012 2013 2014 2012–2014 

DeSoto, MS .................................................... Hernando ............................ 0.075 0.065 0.067 0.069 

Shelby, TN ...................................................... Frayser ................................ 0.083 0.069 0.067 0.073 

Shelby, TN ...................................................... Orgill Park ........................... 0.084 0.063 0.065 0.070 

Shelby, TN ...................................................... Shelby Farms ...................... 0.086 0.069 0.066 0.073 

Crittenden, AR ................................................ Marion ................................. 0.079 0.067 0.067 0.071 

The 3-year design value for 2012– 

2014 for the Memphis, TN-MS-AR Area 

is 0.073 ppm,3 which meets the 

NAAQS. EPA has reviewed 2015 

preliminary monitoring data for the 

Area, and that data indicates that the 

Area continues to attain.4 In this action, 

EPA is proposing to determine that 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone NAAQS. EPA 

will not take final action to approve the 

redesignation if the 3-year design value 

exceeds the NAAQS prior to EPA 

finalizing the redesignation. As 

discussed in more detail below, the 

State of Mississippi has committed to 

continue monitoring in this Area in 

accordance with 40 CFR part 58. 

Criteria (2)—Mississippi Has a Fully 

Approved SIP Under Section 110(k) for 

the Mississippi Portion of the Memphis, 

TN-MS-AR Area; and Criteria (5)— 

Mississippi Has Met All Applicable 

Requirements Under Section 110 and 

Part D of Title I of the CAA 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the state has met 

all applicable requirements under 

section 110 and part D of title I of the 

CAA (CAA section 107(d)(3)(E)(v)) and 

that the state has a fully approved SIP 

under section 110(k) for the area (CAA 

section 107(d)(3)(E)(ii)). EPA proposes 

to find that Mississippi has met all 

applicable SIP requirements for the 

Mississippi portion of the Area under 

section 110 of the CAA (general SIP 

requirements) for purposes of 

redesignation. Additionally, EPA 

proposes to find that the Mississippi SIP 

satisfies the criterion that it meets 

applicable SIP requirements for 

purposes of redesignation under part D 

of title I of the CAA in accordance with 

section 107(d)(3)(E)(v). Further, EPA 

proposes to determine that the SIP is 

fully approved with respect to all 

requirements applicable for purposes of 

redesignation in accordance with 

section 107(d)(3)(E)(ii). In making these 

determinations, EPA ascertained which 

requirements are applicable to the Area 

and, if applicable, that they are fully 

approved under section 110(k). SIPs 

must be fully approved only with 

respect to requirements that were 

applicable prior to submittal of the 

complete redesignation request. 

a. The Mississippi Portion of the 

Memphis, TN-MS-AR Area Has Met All 

Applicable Requirements Under Section 

110 and Part D of the CAA 

General SIP requirements. General SIP 

elements and requirements are 

delineated in section 110(a)(2) of title I, 

part A of the CAA. These requirements 

include, but are not limited to, the 

following: Submittal of a SIP that has 

been adopted by the state after 

reasonable public notice and hearing; 

provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)) and provisions for the 

implementation of part D requirements 

(NSR permit programs); provisions for 

air pollution modeling; and provisions 

for public and local agency participation 

in planning and emission control rule 

development. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. To implement this 

provision, EPA has required certain 

states to establish programs to address 

the interstate transport of air pollutants. 

The section 110(a)(2)(D) requirements 

for a state are not linked with a 

particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that the CAA’s interstate 

transport requirements should be 

construed to be applicable requirements 

for purposes of redesignation. 

In addition, EPA believes that other 

section 110(a)(2) elements that are 


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5CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

Federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from the MVEBs that 

are established in control strategy SIPs and 

maintenance plans. 

neither connected with nonattainment 

plan submissions nor linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated. The section 

110(a)(2) and part D requirements which 

are linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

approach is consistent with EPA’s 

existing policy on applicability (i.e., for 

redesignations) of conformity and 

oxygenated fuels requirements, as well 

as with section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

2008); Cleveland-Akron-Loraine, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati, Ohio, 

redesignation (65 FR 37890, June 19, 

2000), and in the Pittsburgh, 

Pennsylvania, redesignation (66 FR 

50399, October 19, 2001). 

EPA has reviewed Mississippi’s SIP 

and has concluded that it meets the 

general SIP requirements under section 

110(a)(2) of the CAA to the extent they 

are applicable for purposes of 

redesignation. EPA has previously 

approved provisions of Mississippi’s 

SIP addressing CAA section 110(a)(2) 

requirements including provisions 

addressing the 2008 ozone NAAQS. See 

80 FR 11131 (March 2, 2015); 80 FR 

14019 (March 18, 2015). These 

requirements are, however, statewide 

requirements that are not linked to the 

ozone nonattainment status of the Area. 

Therefore, EPA believes that these SIP 

elements are not applicable 

requirements for purposes of review of 

Mississippi’s ozone redesignation 

request. 

Title I, Part D, applicable SIP 

requirements. Section 172(c) of the CAA 

sets forth the basic requirements of 

attainment plans for nonattainment 

areas that are required to submit them 

pursuant to section 172(b). Subpart 2 of 

part D, which includes section 182 of 

the CAA, establishes specific 

requirements for ozone nonattainment 

areas depending on the area’s 

nonattainment classification. As 

provided in Subpart 2, a marginal ozone 

nonattainment area, such as the 

Memphis, TN-MS-AR Area, must 

submit an emissions inventory that 

complies with section 172(c)(3), but the 

specific requirements of section 182(a) 

apply in lieu of the demonstration of 

attainment (and contingency measures) 

required by section 172(c). 42 U.S.C. 

7511a(a). A thorough discussion of the 

requirements contained in sections 

172(c) and 182 can be found in the 

General Preamble for Implementation of 

Title I (57 FR 13498). 

Section 182(a) Requirements. Section 

182(a)(1) requires states to submit a 

comprehensive, accurate, and current 

inventory of actual emissions from 

sources of VOC and NOX emitted within 

the boundaries of the ozone 

nonattainment area. Mississippi 

provided an emissions inventory for the 

Memphis, TN-MS-AR Area to EPA in a 

January 14, 2015, SIP submission. On 

July 2, 2015, EPA published a direct 

final rule approving this emissions 

inventory into the SIP. See 80 FR 37985. 

Under section 182(a)(2)(A), states 

with ozone nonattainment areas that 

were designated prior to the enactment 

of the 1990 CAA amendments were 

required to submit, within six months of 

classification, all rules and corrections 

to existing VOC RACT rules that were 

required under section 172(b)(3) of the 

CAA (and related guidance) prior to the 

1990 CAA amendments. The 

Mississippi portion of the Memphis, 

TN-MS-AR Area is not subject to the 

section 182(a)(2) RACT ‘‘fix up’’ because 

the Area was designated as 

nonattainment after the enactment of 

the 1990 CAA amendments. 

Section 182(a)(2)(B) requires each 

state with a marginal ozone 

nonattainment area that implemented, 

or was required to implement, an 

inspection and maintenance (I/M) 

program prior to the 1990 CAA 

amendments to submit a SIP revision 

providing for an I/M program no less 

stringent than that required prior to the 

1990 amendments or already in the SIP 

at the time of the amendments, 

whichever is more stringent. The 

Mississippi portion of the Memphis, 

TN-MS-AR Area is not subject to the 

section 182(a)(2)(B) requirement 

because it was designated as 

nonattainment after the enactment of 

the 1990 CAA amendments and did not 

have an I/M program in place prior to 

those amendments. 

Regarding the permitting and offset 

requirements of section 182(a)(2)(C) and 

section 182(a)(4), Mississippi does not 

have an approved part D NSR program 

in place. However, EPA has determined 

that areas being redesignated need not 

comply with the requirement that a NSR 

program be approved prior to 

redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR, because 

PSD requirements will apply after 

redesignation. A more detailed rationale 

for this view is described in a 

memorandum from Mary Nichols, 

Assistant Administrator for Air and 

Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ 

Mississippi’s PSD program will become 

applicable in the Memphis, TN-MS-AR 

Area upon redesignation to attainment. 

Section 182(a)(3) requires states to 

submit periodic inventories and 

emissions statements. Section 

182(a)(3)(A) requires states to submit a 

periodic inventory every three years. As 

discussed later on in the section of this 

notice titled Criteria (4)(e), Verification 

of Continued Attainment, the State will 

continue to update its emissions 

inventory at least once every three 

years. Under section 182(a)(3)(B), each 

state with an ozone nonattainment area 

must submit a SIP revision requiring 

emissions statements to be submitted to 

the state by sources within that 

nonattainment area. Mississippi 

provided a SIP revision to EPA on 

August 28, 2015, addressing the section 

182(a)(3)(B) emissions statements 

requirement, and on January 12, 2016, 

EPA published a final rule approving 

this SIP revision. See 81 FR 1320. 

Section 176 Conformity 

Requirements. Section 176(c) of the 

CAA requires states to establish criteria 

and procedures to ensure that federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded, or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement, and enforceability that 

EPA promulgated pursuant to its 

authority under the CAA. 

EPA interprets the conformity SIP 

requirements 5 as not applying for 

purposes of evaluating a redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and Federal 

conformity rules apply where state rules 

have not been approved. See Wall v. 


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6The State compared temperature and wind data 

for each of the design value attainment years (2012– 

2014) with the 30-year averages for the Area. See 

pp.10–15 of Mississippi’s December 11, 2015, 

submission for the State’s meteorological analysis. 

7Mississippi also identified Tier 3 Motor Vehicle 

Emissions and Fuel Standards as a federal measure. 

EPA issued this rule in April 28, 2014, which 

applies to light duty passenger cars and trucks. EPA 

promulgated this rule to reduce air pollution from 

new passenger cars and trucks beginning in 2017. 

Tier 3 emission standards will lower sulfur content 

of gasoline and lower the emissions standards. 

8EPA, Regulatory Announcement, EPA420–F– 

99–051 (December 1999), available at: http://

www.epa.gov/tier2/documents/f99051.pdf. 

9 66 FR 5002, 5012 (January 18, 2001). Mississippi 

also identified Federal rules requiring 

manufacturers to install on-board diagnostic (OBD) 

systems for heavy-duty vehicles and for engines 

certified for use in heavy-duty vehicles. EPA 

promulgated these rules to help ensure that the 

projected benefits from the relevant federal vehicle 

emissions standards are realized. 

EPA, 265 F.3d 426 (6th Cir. 2001) 

(upholding this interpretation); see also 

60 FR 62748 (December 7, 1995) 

(redesignation of Tampa, Florida). 

Nonetheless, Mississippi has an 

approved conformity SIP for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area. See 78 FR 67952 

(November 13, 2013). Thus, EPA 

proposes that the Mississippi portion of 

the Memphis, TN-MS-AR Area has 

satisfied all applicable requirements for 

purposes of redesignation under section 

110 and part D of title I of the CAA. 

b. The Mississippi Portion of the 

Memphis, TN-MS-AR Area Has a Fully 

Approved Applicable SIP Under Section 

110(k) of the CAA 

As discussed previously, EPA has 

fully approved the State’s SIP for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area under section 110(k) of 

the CAA for all requirements applicable 

for purposes of redesignation. See, e.g., 

80 FR 11131 (March 2, 2015); 80 FR 

14019 (March 18, 2015). EPA may rely 

on prior SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998); Wall, 265 F.3d 426) plus any 

additional measures it may approve in 

conjunction with a redesignation action 

(see 68 FR 25426 (May 12, 2003) and 

citations therein). EPA believes that the 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked to an area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation, and EPA has approved all 

part D requirements applicable for 

purposes of this redesignation. See 80 

FR 37985 (July 2, 2015) and 80 FR 1320 

(January 12, 2016). 

Criteria (3)—The Air Quality 

Improvement in the Memphis, TN-MSAR Area Is Due to Permanent and 

Enforceable Reductions in Emissions 

Resulting From Implementation of the 

SIP and Applicable Federal Air 

Pollution Control Regulations and Other 

Permanent and Enforceable Reductions 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP, applicable 

Federal air pollution control 

regulations, and other permanent and 

enforceable reductions (CAA section 

107(d)(3)(E)(iii)). EPA has preliminarily 

determined that Mississippi has 

demonstrated that the observed air 

quality improvement in the Memphis, 

TN-MS-AR Area is due to permanent 

and enforceable reductions in emissions 

resulting from Federal measures. EPA 

proposes to agree with the State’s 

conclusion that meteorology has not had 

a significant role in the steady decline 

in ozone concentrations in the Area.6

Federal measures enacted in recent 

years have resulted in permanent 

emission reductions. The Federal 

measures that have been implemented 

include the following: 

Tier 2 vehicle and fuel standards. 

Implementation began in 2004 and 

requires all passenger vehicles in any 

manufacturer’s fleet to meet an average 

standard of 0.07 grams of NOX per mile. 

Additionally, in January 2006 the sulfur 

content of gasoline was required to be 

on average 30 ppm which assists in 

lowering the NOX emissions. Most 

gasoline sold in Mississippi prior to 

January 2006 had a sulfur content of 

about 300 ppm.7 EPA expects that these 

standards will reduce NOX emissions 

from vehicles by approximately 74 

percent by 2030, translating to nearly 3 

million tons annually by 2030.8

Large non-road diesel engines rule. 

This rule was promulgated in 2004, and 

is being phased in between 2008 

through 2014. This rule will also reduce 

the sulfur content in the nonroad diesel 

fuel. When fully implemented, this rule 

will reduce NOX, VOC, particulate 

matter, and carbon monoxide. These 

emission reductions are federally 

enforceable. EPA issued this rule in 

June 2004, which applies to diesel 

engines used in industries, such as 

construction, agriculture, and mining. It 

is estimated that compliance with this 

rule will cut NOX emissions from nonroad diesel engines by up to 90 percent 

nationwide. 

Heavy-duty gasoline and diesel 

highway vehicle standards. EPA issued 

this rule in January 2001 (66 FR 5002). 

This rule includes standards limiting 

the sulfur content of diesel fuel, which 

went into effect in 2004. A second phase 

took effect in 2007, which further 

reduced the highway diesel fuel sulfur 

content to 15 ppm, leading to additional 

reductions in combustion NOX and VOC 

emissions. EPA expects that this rule 

will achieve a 95 percent reduction in 

NOX emissions from diesel trucks and 

buses and will reduce NOX emissions by 

2.6 million tons by 2030 when the 

heavy-duty vehicle fleet is completely 

replaced with newer heavy-duty 

vehicles that comply with these 

emission standards.9

Nonroad spark-ignition engines and 

recreational engines standards. The 

nonroad spark-ignition and recreational 

engine standards, effective in July 2003, 

regulate NOX, hydrocarbons, and carbon 

monoxide from groups of previously 

unregulated nonroad engines. These 

engine standards apply to large sparkignition engines (e.g., forklifts and 

airport ground service equipment), 

recreational vehicles (e.g., off-highway 

motorcycles and all-terrain-vehicles), 

and recreational marine diesel engines 

sold in the United States and imported 

after the effective date of these 

standards. When all of the nonroad 

spark-ignition and recreational engine 

standards are fully implemented, an 

overall 72 percent reduction in 

hydrocarbons, 80 percent reduction in 

NOX, and 56 percent reduction in 

carbon monoxide emissions are 

expected by 2020. These controls reduce 

ambient concentrations of ozone, carbon 

monoxide, and fine particulate matter. 

National Program for greenhouse gas 

(GHG) emissions and Fuel Economy 

Standards. The federal GHG and fuel 

economy standards apply to light-duty 

cars and trucks in model years 2012– 

2016 (phase 1) and 2017–2025 (phase 2). 

The final standards are projected to 

result in an average industry fleet-wide 

level of 163 grams/mile of carbon 

dioxide which is equivalent to 54.5 

miles per gallon if achieved exclusively 

through fuel economy improvements. 

The fuel economy standards result in 

less fuel being consumed, and therefore 

less NOX emissions released. 

EPA proposes to find that the 

improvements in air quality in the 

Memphis, TN-MS-AR Area are due to 

real, permanent and enforceable 

reductions in NOX and VOC emissions 

resulting from Federal measures. 


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Criteria (4)—The Mississippi Portion of 

the Memphis, TN-MS-AR Area Has a 

Fully Approved Maintenance Plan 

Pursuant to Section 175A of the CAA 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has a 

fully approved maintenance plan 

pursuant to section 175A of the CAA 

(CAA section 107(d)(3)(E)(iv)). In 

conjunction with its request to 

redesignate the Mississippi portion of 

the Memphis, TN-MS-AR Area to 

attainment for the 2008 8-hour ozone 

NAAQS, MDEQ submitted a SIP 

revision to provide for the maintenance 

of the 2008 8-hour ozone NAAQS for at 

least 10 years after the effective date of 

redesignation to attainment. EPA 

believes that this maintenance plan 

meets the requirements for approval 

under section 175A of the CAA. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the state must 

submit a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain 

contingency measures as EPA deems 

necessary to assure prompt correction of 

any future 2008 8-hour ozone violations. 

The Calcagni Memorandum provides 

further guidance on the content of a 

maintenance plan, explaining that a 

maintenance plan should address five 

requirements: The attainment emissions 

inventory, maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan. As 

is discussed more fully below, EPA has 

preliminarily determined that 

Mississippi’s maintenance plan 

includes all the necessary components 

and is thus proposing to approve it as 

a revision to the Mississippi SIP. 

b. Attainment Emissions Inventory 

EPA is proposing to determine that 

the Memphis, TN-MS-AR Area has 

attained the 2008 8-hour ozone NAAQS 

based on quality-assured monitoring 

data for the 3-year period from 2012– 

2014, and is continuing to attain the 

standard based on preliminary 2015 

data. Mississippi selected 2012 as the 

base year (i.e., attainment emissions 

inventory year) for developing a 

comprehensive emissions inventory for 

NOX and VOC, for which projected 

emissions could be developed for 2017, 

2020, and 2027. The attainment 

inventory identifies a level of emissions 

in the Area that is sufficient to attain the 

2008 8-hour ozone NAAQS. Mississippi 

began development of the attainment 

inventory by first generating a baseline 

emissions inventory for the State’s 

portion of the Memphis, TN-MS-AR 

Area. The projected summer day 

emission inventories have been 

estimated using projected rates of 

growth in population, traffic, economic 

activity, and other parameters. In 

addition to comparing the final year of 

the plan (2027) to the base year (2012), 

Mississippi compared interim years to 

the baseline to demonstrate that these 

years are also expected to show 

continued maintenance of the 2008 

8-hour ozone standard. 

The emissions inventory is composed 

of four major types of sources: Point, 

area, on-road mobile, and non-road 

mobile. Complete descriptions of how 

the inventories were developed are 

located in Appendix A through 

Appendix D of the December 11, 2015 

submittal, which can be found in the 

docket for this action. Point source 

emissions are tabulated from data 

collected by direct on-site 

measurements of emissions or from 

mass balance calculations utilizing 

approved emission factors. For each 

projected year’s inventory, point sources 

are adjusted by growth factors based on 

Standard Industrial Classification codes 

generated using growth patterns 

obtained from County Business Patterns. 

For Title V sources, the actual 2012 

emissions were used. Rail yard and 

airport emissions reported were 

obtained from the EPA’s 2011 National 

Emission Inventory. 

For area sources, emissions are 

estimated by multiplying an emission 

factor by some known indicator of 

collective activity such as production, 

number of employees, or population. 

For each projected year’s inventory, area 

source emissions are changed by 

population growth, projected 

production growth, or estimated 

employment growth. 

The non-road mobile sources 

emissions are calculated using 

NONROAD2008 within EPA’s Motor 

Vehicle Emission Simulator 

(MOVES2014) model, with the 

exception of the railroad locomotives 

which were estimated by taking activity 

and multiplying by an emission factor. 

For each projected year’s inventory, the 

emissions are estimated using EPA’s 

MOVES2014 model with activity input 

such as projected landing and takeoff 

data for aircraft. 

For on-road mobile sources, EPA’s 

MOVES2014 mobile model is run to 

generate emissions. The MOVES2014 

model includes the road class vehicle 

miles traveled (VMT) as an input file 

and can directly output the estimated 

emissions. For each projected year’s 

inventory, the on-road mobile sources 

emissions are calculated by running the 

MOVES mobile model for the future 

year with the projected VMT to generate 

emissions that take into consideration 

expected Federal tailpipe standards, 

fleet turnover, and new fuels. 

The 2012 NOX and VOC emissions for 

the Mississippi portion of the Memphis, 

TN-MS-AR Area, as well as the 

emissions for other years, were 

developed consistent with EPA 

guidance and are summarized in Tables 

2 through 3 of the following subsection 

discussing the maintenance 

demonstration. See Appendix B through 

Appendix D of the December 11, 2015, 

submission for more detailed 

information on the emissions inventory. 

c. Maintenance Demonstration 

The maintenance plan associated with 

the redesignation request includes a 

maintenance demonstration that: 

(i) Shows compliance with and 

maintenance of the 2008 8-hour ozone 

NAAQS by providing information to 

support the demonstration that current 

and future emissions of NOX and VOC 

remain at or below 2012 emissions 

levels. 

(ii) Uses 2012 as the attainment year 

and includes future emissions inventory 

projections for 2017, 2020, and 2027. 

(iii) Identifies an ‘‘out year’’ at least 10 

years after the time necessary for EPA to 

review and approve the maintenance 

plan. Per 40 CFR part 93, NOX and VOC 

MVEBs were established for the last 

year (2027) of the maintenance plan (see 

section VII below). 

(iv) Provides actual (2012) and 

projected emissions inventories, in tons 

per summer day (tpsd), for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area, as shown in Tables 2 

and 3, below. 


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TABLE 2—ACTUAL AND PROJECTED AVERAGE SUMMER DAY NOX EMISSIONS (tpsd) FOR THE MISSISSIPPI PORTION OF

THE MEMPHIS, TN-MS-AR AREA

Sector 2012 2017 2020 2027 

Point ................................................................................................................. 1.78 1.81 1.83 1.89 

Area ................................................................................................................. 1.24 1.25 1.25 1.24 

Non-road .......................................................................................................... 2.89 2.29 2.06 1.78 

On-road ............................................................................................................ 8.66 5.34 3.53 2.74 

Total .......................................................................................................... 14.57 10.68 8.68 7.65 

TABLE 3—ACTUAL AND PROJECTED AVERAGE SUMMER DAY VOC EMISSIONS (tpsd) FOR THE MISSISSIPPI PORTION OF

THE MEMPHIS, TN-MS-AR AREA

Sector 2012 2017 2020 2027 

Point ................................................................................................................. 0.84 0.77 0.77 0.79 

Area ................................................................................................................. 6.49 6.57 6.59 6.54 

Non-road .......................................................................................................... 1.86 1.41 1.33 1.28 

On-road ............................................................................................................ 5.75 3.92 2.51 2.54 

Total .......................................................................................................... 14.94 12.67 11.19 11.15 

Tables 2 and 3 summarize the 2012 

and future projected emissions of NOX

and VOC from the Mississippi portion 

of the Memphis, TN-MS-AR Area. In 

situations where local emissions are the 

primary contributor to nonattainment, 

such as the Memphis, TN-MS-AR Area, 

if the future projected emissions in the 

nonattainment area remain at or below 

the baseline emissions in the 

nonattainment area, then the ambient 

air quality standard should not be 

exceeded in the future. Mississippi has 

projected emissions as described 

previously and determined that 

emissions in the Mississippi portion of 

the Memphis, TN-MS-AR Area will 

remain below those in the attainment 

year inventory for the duration of the 

maintenance plan. 

As discussed in section VI of this 

proposed rulemaking, a safety margin is 

the difference between the attainment 

level of emissions (from all sources) and 

the projected level of emissions (from 

all sources) in the maintenance plan. 

The attainment level of emissions is the 

level of emissions during one of the 

years in which the area met the NAAQS. 

Mississippi selected 2012 as the 

attainment emissions inventory year for 

the Mississippi portion of the Memphis, 

TN-MS-AR Area. Mississippi calculated 

safety margins in its submittal for years 

2017, 2020, and 2027. The State has 

allocated a portion of the 2027 safety 

margin to the 2027 MVEBs for the 

Memphis, TN-MS-AR Area. 

TABLE 4—SAFETY MARGINS FOR THE

MISSISSIPPI PORTION OF THE MEMPHIS, TN-MS-AR AREA

Year VOC (tpd) NOX (tpd) 

2017 .......... 2.27 3.89 

2020 .......... 3.75 5.90 

2027 .......... 3.79 6.92 

The State has decided to allocate a 

portion of the available safety margin to 

the 2027 MVEBs to allow for 

unanticipated growth in VMT, changes 

and uncertainty in vehicle mix 

assumptions, etc., that will influence 

the emission estimations. MDEQ has 

allocated 5.26 tpd of the NOX safety 

margin to the 2027 NOX MVEB and 2.46 

tpd of the VOC safety margin to the 

2027 VOC MVEB. After allocation of the 

available safety margin, the remaining 

safety margin is 1.66 tpd for NOX and 

1.33 tpd for VOC. This allocation and 

the resulting available safety margin for 

the Mississippi portion of the Memphis, 

TN-MS-AR Area are discussed further in 

section VI of this proposed rulemaking 

along with the MVEBs to be used for 

transportation conformity proposes. 

d. Monitoring Network 

There are five monitors measuring 

ozone in the Memphis, TN-MS-AR Area, 

of which one is located in the 

Mississippi portion of the Memphis, 

TN-MS-AR Area. In its maintenance 

plan, Mississippi has committed to 

continue operation of the monitor in the 

Mississippi portion of the Memphis, 

TN-MS-AR Area in compliance with 40 

CFR part 58 and has thus addressed the 

requirement for monitoring. EPA 

approved Mississippi’s monitoring plan 

on November 7, 2014. 

e. Verification of Continued Attainment 

The State of Mississippi, through 

MDEQ, has the legal authority to enforce 

and implement the maintenance plan 

for the Mississippi portion of the Area. 

This includes the authority to adopt, 

implement, and enforce any subsequent 

emissions control contingency measures 

determined to be necessary to correct 

future ozone attainment problems. The 

State has committed to track the 

progress of the maintenance plan by 

updating its emissions inventory at least 

once every three years and reviewing 

the updated emissions inventories for 

the area using the latest emissions 

factors, models, and methodologies. 

Additionally, under the Consolidated 

Emissions Reporting Rule (CERR) and 

Air Emissions Reporting Requirements 

(AERR), MDEQ is required to develop a 

comprehensive, annual, statewide 

emissions inventory every three years 

that is due twelve to eighteen months 

after the completion of the inventory 

year. The AERR inventory years match 

the base year and final year of the 

inventory for the maintenance plan, and 

are within one or two years of the 

interim inventory years of the 

maintenance plan. Therefore, MDEQ 

commits to compare the CERR and 

AERR inventories as they are developed 

with the maintenance plan to determine 

if additional steps are necessary for 

continued maintenance of the 2008 8- 

hour ozone NAAQS in this Area. 


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10 If the State adopts a voluntary emission 

reduction measure as a contingency measure 

necessary to attain or maintain the NAAQS, EPA 

will evaluate approvability in accordance with 

relevant Agency guidance regarding the 

incorporation of voluntary measures into SIPs. See, 

e.g., Memorandum from Richard D. Wilson, Acting 

Administrator for Air and Radiation, to EPA 

Regional Administrators re: Guidance on 

Incorporating Voluntary Mobile Source Emission 

Reduction Programs in State Implementation Plans 

(SIPs) (October 24, 1997); EPA, Office of Air and 

Radiation, Incorporating Emerging and Voluntary 

Measures in a State Implementation Plan (SIP) 

(September 2004). 

f. Contingency Measures in the 

Maintenance Plan 

Section 175A of the CAA requires that 

a maintenance plan include such 

contingency measures as EPA deems 

necessary to assure that the state will 

promptly correct a violation of the 

NAAQS that occurs after redesignation. 

The maintenance plan should identify 

the contingency measures to be adopted, 

a schedule and procedure for adoption 

and implementation, and a time limit 

for action by the state. A state should 

also identify specific indicators to be 

used to determine when the 

contingency measures need to be 

implemented. The maintenance plan 

must include a requirement that a state 

will implement all measures with 

respect to control of the pollutant that 

were contained in the SIP before 

redesignation of the area to attainment 

in accordance with section 175A(d). 

The contingency plan included in the 

submittal includes a triggering 

mechanism to determine when 

contingency measures are needed and a 

process of developing and 

implementing appropriate control 

measures. The primary trigger is a 

violation of the 2008 8-hour ozone 

NAAQS (i.e., when the three-year 

average of the 4th highest values is 

equal to or greater than 0.076 ppm at a 

monitor in the Area). If the quality 

assured/quality controlled (QA/QC) data 

indicates a violating design value, the 

trigger date will be the date of the 

design value violation and not the final 

QA/QC date. If the initial monitoring 

data indicates a possible violation but 

later QA/QC indicates that a violation 

did not occur, then a triggering event 

will not have occurred and contingency 

measures will not be implemented. The 

secondary trigger is activated when 

MDEQ forecasts ozone levels above the 

2008 8-hour ozone NAAQS although no 

actual violation of the 2008 8-hour 

ozone NAAQS has occurred. 

Once the primary or secondary trigger 

is activated, the MDEQ, shall commence 

analyses including an emissions 

inventory assessment to determine those 

emission control measures that will be 

required for attaining or maintaining the 

2008 8-hour ozone NAAQS. At least one 

of the following contingency measures 

will be adopted and implemented 

within 18 to 24 months upon a primary 

triggering event: 

• Implementation of diesel retrofit 

programs, including incentives for 

performing retrofits for fleet vehicle 

operations; 

• Voluntary engine idling reduction 

programs; 

• MDEQ will work with Mississippi 

Department of Transportation to have 

air quality alerts posted on the 

Intelligent Transportation System 

boards located in DeSoto County 

encouraging motorists to take actions to 

reduce emissions when forecasted 

ozone levels will exceed; and 

• Other measures deemed appropriate 

at the time as a result of advances in 

control technologies.10

If the secondary trigger is activated, 

MDEQ will suspend all open burning 

permits within the County until the 

forecast shows improvement. 

EPA preliminarily concludes that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: the attainment 

emissions inventory, maintenance 

demonstration, monitoring, verification 

of continued attainment, and a 

contingency plan. Therefore, EPA 

proposes that the maintenance plan SIP 

revision submitted by Mississippi for 

the State’s portion of the Area meets the 

requirements of section 175A of the 

CAA and is approvable. 

VI. What is EPA’s analysis of 

Mississippi’s proposed NOX and VOC 

MVEBs for the Mississippi portion of 

the area? 

Under section 176(c) of the CAA, new 

transportation plans, programs, and 

projects, such as the construction of 

new highways, must ‘‘conform’’ to (i.e., 

be consistent with) the part of the state’s 

air quality plan that addresses pollution 

from cars and trucks. Conformity to the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the NAAQS 

or any interim milestones. If a 

transportation plan does not conform, 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. The 

regional emissions analysis is one, but 

not the only, requirement for 

implementing transportation 

conformity. Transportation conformity 

is a requirement for nonattainment and 

maintenance areas. Maintenance areas 

are areas that were previously 

nonattainment for a particular NAAQS 

but have since been redesignated to 

attainment with an approved 

maintenance plan for that NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs and maintenance plans for 

nonattainment areas. These control 

strategy SIPs (including RFP and 

attainment demonstration requirements) 

and maintenance plans create MVEBs 

(or in this case sub-area MVEBs) for 

criteria pollutants and/or their 

precursors to address pollution from 

cars and trucks. Per 40 CFR part 93, a 

MVEB must be established for the last 

year of the maintenance plan. A state 

may adopt MVEBs for other years as 

well. The MVEB is the portion of the 

total allowable emissions in the 

maintenance demonstration that is 

allocated to highway and transit vehicle 

use and emissions. See 40 CFR 93.101. 

The MVEB serves as a ceiling on 

emissions from an area’s planned 

transportation system. The MVEB 

concept is further explained in the 

preamble to the November 24, 1993, 

Transportation Conformity Rule (58 FR 

62188). The preamble also describes 

how to establish the MVEB in the SIP 

and how to revise the MVEB. 

As part of the interagency 

consultation process on setting MVEBs, 

MDEQ held discussions to determine 

what years to set MVEBs for the 

Memphis, TN-MS-AR maintenance 

plan. According to the transportation 

conformity rule, a maintenance plan 

must establish MVEBs for the last year 

of the maintenance plan (in this case, 

2027). See 40 CFR 93.118. Table 5, 

below, provides the NOX and VOC 

MVEBs for 2027. 


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7278 Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules 

TABLE 5—MVEBS FOR THE MISSISSIPPI PORTION OF THE MEMPHIS, TN-MS-AR AREA

[tpd] 

2027 

NOX VOC 

Base Year On-Road Emissions ............................................................................................................................... 2.74 2.54 

Safety Margin Allocated to MVEB ........................................................................................................................... 5.26 2.46 

Conformity MVEB .................................................................................................................................................... 8.00 5.00 

As mentioned previously, Mississippi 

has chosen to allocate a portion of the 

available safety margin to the NOX and 

VOC MVEBs for 2027. As discussed in 

section V of this proposed rulemaking 

notice, a safety margin is the difference 

between the attainment level of 

emissions (from all sources) and the 

projected level of emissions (from all 

sources) in the maintenance plan. The 

attainment level of emissions is the 

level of emissions during one of the 

years in which the area met the NAAQS. 

As discussed previously, Mississippi 

has selected 2012 as the base year. 

Through this rulemaking, EPA is 

proposing to approve the MVEBs for 

NOX and VOC for 2027 for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area because EPA believes 

that the Area maintains the 2008 8-hour 

ozone NAAQS with the emissions at the 

levels of the budgets. Once the MVEBs 

for the Mississippi portion of the 

Memphis, TN-MS-AR Area are 

approved or found adequate (whichever 

is completed first), they must be used 

for future conformity determinations. 

After thorough review, EPA has 

preliminary determined that the budgets 

meet the adequacy criteria, as outlined 

in 40 CFR 93.118(e)(4), and is proposing 

to approve the budgets because they are 

consistent with maintenance of the 2008 

8-hour ozone NAAQS through 2027. 

VII. What is the status of EPA’s 

adequacy determination for the 

proposed NOX and VOC MVEBs for the 

Mississippi portion of the area? 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEBs, EPA may 

affirmatively find the MVEB contained 

therein adequate for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted MVEB 

is adequate for transportation 

conformity purposes, that MVEB must 

be used by state and Federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIP as required by section 176(c) of the 

CAA. 

EPA’s substantive criteria for 

determining adequacy of a MVEB are set 

out in 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: public notification of 

a SIP submission, a public comment 

period, and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEBs for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999, guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

EPA adopted regulations to codify the 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

‘‘New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

Additional information on the adequacy 

process for transportation conformity 

purposes is available in the proposed 

rule entitled, ‘‘Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes,’’ 68 FR 38974, 

38984 (June 30, 2003). 

As discussed earlier, Mississippi’s 

maintenance plan includes NOX and 

VOC MVEBs for the Mississippi portion 

of the Memphis, TN-MS-AR Area for 

2027, the last year of the maintenance 

plan. EPA is reviewing the NOX and 

VOC MVEBs through the adequacy 

process. The NOX and VOC MVEBs for 

the Mississippi portion of the Memphis, 

TN-MS-AR Area, opened for public 

comment on EPA’s adequacy Web site 

on November 2, 2015, found at: http:// 

www.epa.gov/otaq/stateresources/

transconf/currsips.htm. The EPA public 

comment period on adequacy for the 

2027 MVEBs for the Mississippi portion 

of the Memphis, TN-MS-AR Area closed 

on December 2, 2015. No comments, 

adverse or otherwise, were received 

during EPA’s adequacy process for the 

MVEBs associated with Mississippi’s 

maintenance plan. 

EPA intends to make its 

determination on the adequacy of the 

2027 MVEBs for the Mississippi portion 

of the Memphis, TN-MS-AR Area for 

transportation conformity purposes in 

the near future by completing the 

adequacy process that was started on 

November 2, 2015. After EPA finds the 

2027 MVEBs adequate or approves 

them, the new MVEBs for NOX and VOC 

must be used for future transportation 

conformity determinations. For required 

regional emissions analysis years for 

2027 and beyond, the applicable 

budgets will be the new 2027 MVEBs 

established in the maintenance plan, as 

defined in section V of this proposed 

rulemaking. 

VIII. What is the effect of EPA’s 

proposed actions? 

EPA’s proposed actions establish the 

basis upon which EPA may take final 

action on the issues being proposed for 

approval. Approval of Mississippi’s 

redesignation request would change the 

legal designation of the portion of 

DeSoto County that is within the 

Memphis, TN-MS-AR Area, as found at 

40 CFR part 81, from nonattainment to 

attainment for the 2008 8-hour ozone 

NAAQS. Approval of Mississippi’s 

associated SIP revision would also 

incorporate a plan for maintaining the 

2008 8-hour ozone NAAQS in the 

Memphis, TN-MS-AR Area through 

2027 into the SIP. This maintenance 

plan includes contingency measures to 

remedy any future violations of the 2008 

8-hour ozone NAAQS and procedures 

for evaluation of potential violations. 

The maintenance plan also establishes 

NOX and VOC MVEBs for 2027 for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area. The MVEBs are listed 

in Table 5 of this document. 

Additionally, EPA is notifying the 

public of the status of EPA’s adequacy 

determination for the newly-established 

NOX and VOC MVEBs for 2027 for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area. 

IX. Proposed Actions 

EPA is taking three separate but 

related actions regarding the 

redesignation and maintenance of the 

2008 8-hour ozone NAAQS for the 

Mississippi portion of the Memphis, 

TN-MS-AR Area. First, EPA is 

proposing to determine that the entire 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone NAAQS. Second, 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules 7279 

EPA is proposing to approve the 

maintenance plan for the Mississippi 

portion of the Area, including the NOX

and VOC MVEBs for 2027, into the 

Mississippi SIP. The maintenance plan 

demonstrates that the Area will 

continue to maintain the 2008 8-hour 

ozone NAAQS and that the budgets 

meet all of the adequacy criteria 

contained in 40 CFR 93.118(e)(4) and 

(5). Third, EPA is proposing to 

determine that the Mississippi portion 

of the Memphis, TN-MS-AR Area has 

met the criteria under CAA section 

107(d)(3)(E) for redesignation from 

nonattainment to attainment for the 

2008 8-hour ozone NAAQS. Further, as 

part of this action, EPA is describing the 

status of its adequacy determination for 

the NOX and VOC MVEBs for 2027 in 

accordance with 40 CFR 93.118(f)(2). 

Within 24 months from the effective 

date of EPA’s adequacy determination 

for the MVEBs or the publication date 

for the final rule for this action, 

whichever is earlier, the transportation 

partners will need to demonstrate 

conformity to the new NOX and VOC 

MVEBs pursuant to 40 CFR 93.104(e). 

If finalized, approval of the 

redesignation request would change the 

official designation of the portion of 

DeSoto County that is within the 

Memphis, TN-MS-AR Area, as found at 

40 CFR part 81, from nonattainment to 

attainment for the 2008 8-hour ozone 

NAAQS. 

X. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these proposed 

actions merely propose to approve state 

law as meeting Federal requirements 

and do not impose additional 

requirements beyond those imposed by 

state law. For this reason, these 

proposed actions: 

• Are not a significant regulatory 

action subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: January 28, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–02725 Filed 2–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 91 

[Docket No. FWS–HQ–MB–2015–0161; 

FXMB12330900000//167//FF09M13200] 

RIN 1018–BB23 

Revision of Federal Migratory Bird 

Hunting and Conservation Stamp 

(Duck Stamp) Contest Regulations 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), propose to revise the 

regulations governing the annual 

Migratory Bird Hunting and 

Conservation Stamp Contest (also 

known as the Federal Duck Stamp 

Contest (contest)). Our amendments 

would update our contact information; 

update common names and spelling of 

species on our list of contest design 

subjects; correct minor grammar errors; 

and specify the requirement to include 

a second, appropriate, migratory bird 

species in the artwork design beginning 

with the 2016 contest. 

DATES: We will accept comments that 

we receive on or before March 14, 2016. 

Please note that if you are using the 

Federal eRulemaking Portal (see 

ADDRESSES section, below), the deadline 

for submitting an electronic comment is 

11:59 p.m. Eastern Time on the closing 

date. 

ADDRESSES: You may submit comments 

by one of the following methods: 

• Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–HQ–MB–2015–0161, which 

is the docket number for this 

rulemaking. Then, in the Search panel 

on the left side of the screen, under the 

Document Type heading, click on the 

Proposed Rules link to locate this 

document. You may submit a comment 

by clicking on ‘‘Comment Now!’’ 

• By hard copy: Submit by U.S. mail 

or hand delivery to: Public Comments 

Processing, Attn: FWS–HQ–MB–2015– 

0161; Division of Policy, Performance, 

and Management Programs; U.S. Fish 

and Wildlife Service; 5275 Leesburg 

Pike, MS: BPHC; Falls Church, VA 

22041–3803. 


jstallworth on DSK7TPTVN1PROD with PROPOSALS