7046 Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules 

1On August 27, 2015, EPA published a 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’’ where the 

following points: point 1 in position 

33°39′13′′ N., 079°05′36′′ W.; thence 

west to point 2 in position 33°39′17′′ N., 

079°05′46′′ W.; thence south to point 3 

in position 33°38′53′′ N., 079°05′39′′ W.; 

thence east to point 4 in position 

33°38′54′′ N., 079°05′31′′ W.; thence 

north back to point 1. All coordinates 

are North American Datum 1983. 

(b) Definition. As used in this section, 

‘‘designated representative’’ means 

Coast Guard Patrol Commanders, 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 

and local officers designated by or 

assisting the Captain of the Port 

Charleston in the enforcement of the 

regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area, 

except persons and vessels participating 

in Bucksport/Lake Murray Drag Boat 

Spring Nationals or serving as safety 

vessels. Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated area is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(2) The Coast Guard will provide 

notice of the regulated area by Marine 

Safety Information Bulletins, Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Date. This rule will 

be enforced on June 4 and June 5, 2016 

from 1 p.m. until 7 p.m. daily. 

Dated: January 29, 2016. 

G.L. Tomasulo, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2016–02620 Filed 2–9–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2015–0852; FRL–9942–13– 

Region 6] 

Air Plan Approval and Designation of 

Areas; AR; Redesignation of the 

Crittenden County, 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: On December 10, 2015, the 

State of Arkansas, through the Arkansas 

Department of Environmental Quality 

(ADEQ), submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the portion of Arkansas 

that is within the Memphis, TennesseeMississippi-Arkansas (Memphis, TNMS-AR) 2008 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Memphis, TN-MS-AR Area’’ or 

‘‘Area’’) and to approve a State 

Implementation Plan (SIP) revision 

containing a maintenance plan for the 

Area. EPA is proposing to determine 

that the Memphis, TN-MS-AR Area is 

continuing to attain 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 standard in the 

Area, including the motor vehicle 

emission budgets (MVEBs) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) for the years 2012 

and 2027 for the Arkansas portion of the 

Area, into the SIP; and to redesignate 

the Arkansas 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 

Arkansas portion of the Memphis, TNMS-AR Area. 

DATES: Comments must be received on 

or before March 11, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0852, at http://

www.regulations.gov or via email to 

riley.jeffrey@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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. The 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, please 

contact Jeffrey Riley, (214) 665–8542, 

riley.jeffrey@epa.gov. For 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/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, (214) 665–8542, 

riley.jeffrey@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Mr. Riley or Mr. Bill 

Deese at 214–665–7253. 

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 Arkansas’ 

proposed NOX and VOC MVEBs for the 

Arkansas portion of the area? 

VII. What is the status of EPA’s adequacy 

determination for the proposed NOX and 

VOC MVEBs the arkansas 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 continuing to attain the 

2008 8-hour ozone NAAQS; 1 (2) to 


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Agency proposed to determine that the Memphis, 

TN-MS-AR area had 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. EPA is contemplating the final action 

for this proposed rule under a separate rulemaking 

from today’s rulemaking. 

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. 

3The SIP Implementation Rule modified 40 CFR 

51.1103 to establish attainment dates that run from 

the effective date of designation, i.e., July 20, 2012. 

This action was in response to the D.C. Circuit’s 

decision in NRDC v. EPA (D.C. Cir. No. 12–1321) 

(Dec. 23, 2014). The Court’s decision held ‘‘that the 

EPA’s decision to run the attainment periods from 

the end of the calendar year in which areas were 

designated was unreasonable.’’ 80 FR 12264, at 

12268. 

approve Arkansas’ plan for maintaining 

the 2008 8-hour ozone NAAQS 

(maintenance plan), including the 

associated MVEBs for the Arkansas 

portion of the Memphis, TN-MS-AR 

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

the Arkansas 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 Arkansas 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. Today’s proposed actions 

are summarized below and described in 

greater detail throughout this notice of 

proposed rulemaking. 

EPA is proposing to make the 

determination that the Memphis, TNMS-AR Area is continuing to attain the 

2008 8-hour ozone NAAQS based on 

recent air quality data and proposing to 

approve Arkansas’ 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 2012 and 

2027 MVEBs for NOX and VOC for the 

Arkansas portion of the Memphis, TNMS-AR Area for transportation 

conformity purposes. EPA is proposing 

to approve these MVEBs and 

incorporate them into the Arkansas SIP. 

EPA also proposes to determine that 

the Arkansas 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 

Crittenden County within the Arkansas 

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 

2012 and 2027 NOX and VOC MVEBs 

for the Arkansas portion of the 

Memphis, TN-MS-AR Area. The 

Adequacy comment period began on 

December 16, 2015, with EPA’s posting 

of the availability of Arkansas’ 

submissions on EPA’s Adequacy Web 

site (http://www3.epa.gov/otaq/

stateresources/transconf/currsips.htm). 

The Adequacy comment period for 

these MVEBs closed on January 11, 

2016. 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, today’s notice of 

proposed rulemaking is in response to 

Arkansas’ December 10, 2015, 

redesignation request and associated SIP 

submission that address the specific 

issues summarized above and the 

necessary elements described in section 

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

redesignation of the Arkansas 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 

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 rule established an 

attainment date three years after the July 

20, 2012, effective date of designation 

for areas classified as marginal for the 

2008 8-hour ozone nonattainment 

designations.3 Therefore, the Memphis, 

TN-MS-AR Area’s attainment date was 

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 


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4The monitor with the highest 3-year design 

value is considered the design value for the Area. 

5 2012–2014 data and preliminary 2015 data is 

available at EPA’s air data Web site: http://

aqsdr1.epa.gov/aqsweb/aqstmp/airdata/download_

files.html#Daily. 

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 10, 2015, the State of 

Arkansas, through ADEQ, requested that 

EPA redesignate the Arkansas 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, TN-MS-AR Area 

has attained the 2008 8-hour ozone 

NAAQS, and that the Arkansas 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? 

Our analysis of the State’s request 

with respect to the five redesignation 

criteria provided under CAA section 

107(d)(3)(E) is discussed 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 

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. 

EPA is proposing to determine that 

the Memphis, TN-MS-AR Area is 

continuing to attain 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

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,4 which meets the 

NAAQS. EPA has reviewed 2015 

preliminary monitoring data for the 

Area.5 This preliminary data is not yet 

certified to meet the QA requirements 

but continues to indicate the area is 

meeting the NAAQS. In today’s 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 


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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 Arkansas has committed to 

continue monitoring in this Area in 

accordance with 40 CFR part 58. 

Criteria (2)—Arkansas Has a Fully 

Approved SIP Under Section 110(k) for 

the Arkansas Portion of the Memphis, 

TN-MS-AR Area; and Criteria (5)— 

Arkansas 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 Arkansas has met all 

applicable SIP requirements for the 

Arkansas portion of the Area under 

section 110 of the CAA (general SIP 

requirements) for purposes of 

redesignation. Additionally, EPA 

proposes to find that the Arkansas 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 Arkansas 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 

(Nonattainment 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. See 75 FR 

2091, at 2095–2096. 

In addition, EPA believes other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

attainment status are applicable 

requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements that are linked 

with a particular area’s designation and 

classification are the relevant measures 

to evaluate in reviewing a redesignation 

request. This approach is consistent 

with EPA’s existing policy on 

applicability (i.e., for redesignations) of 

conformity and oxygenated fuels 

requirements, as well as with section 

184 ozone transport requirements. See 

Reading, Pennsylvania, proposed and 

final rulemakings (61 FR 53174–53176, 

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

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). 

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, 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. Arkansas provided 

an emissions inventory for the 

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

August 28, 2015 SIP submission. On 

January 14, 2016, EPA published a 

direct final rule to approve this 

emissions inventory into the SIP. See 81 

FR 1884. 

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 Arkansas 

portion of the Memphis, TN-MS-AR 

Area is not subject to the section 

182(a)(2) RACT ‘‘fix up’’ because it was 

designated as unclassifiable/attainment 

at that time. 

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 

Arkansas portion of the Memphis, TNMS-AR Area is not subject to the section 

182(a)(2)(B) because it was designated 

as unclassifiable/attainment prior to 

1990 and was not required to have an 

I/M program. 

Regarding the permitting and offset 

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

section 182(a)(4), Arkansas does have an 

approved part D NSR program in place 


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6CAA 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. 

7Arkansas 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. 

(72 FR 18394, April 12, 2007). 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.’’ 

Arkansas’ PSD program will 

automatically become applicable in the 

Memphis, TN-MS-AR Area upon 

redesignation to attainment. Arkansas 

Regulation 31, Chapter 1, section 31.102 

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 below 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. Arkansas provided 

a SIP revision to EPA on November 19, 

2007, addressing the section 182(a)(3)(B) 

emissions statements requirement, and 

on January 15, 2009, EPA published a 

final rule to approve this SIP revision. 

See 74 FR 2383. 

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 6 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. 

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

(upholding this interpretation); see also 

60 FR 62748 (December 7, 1995) 

(redesignation of Tampa, Florida). 

Crittenden County does not currently 

have fully approved conformity rules, 

but as mentioned, the Federal 

conformity rules apply, and a 

Memorandum of Agreement outlining 

interagency consultation procedures is 

in place for transportation conformity 

purposes. 

EPA proposes that the Arkansas 

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 Arkansas Portion of the 

Memphis, TN-MS-AR Area Has a Fully 

Approved Applicable SIP Under Section 

110(k) of the CAA 

EPA has fully approved the applicable 

Arkansas SIP for the Memphis, TN-MSAR Area under section 110(k) of the 

CAA for all requirements applicable for 

purposes of redesignation. EPA may rely 

on prior SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

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

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

additional measures it may approve in 

conjunction with a redesignation action 

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

citations therein). Arkansas has adopted 

and submitted, and EPA has fully 

approved at various times, provisions 

addressing the various SIP elements 

applicable for the ozone NAAQS. See 

e.g. 77 FR 50033 (August 20, 2012). 

As indicated above, 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. EPA has approved all 

part D requirements applicable for 

purposes of this redesignation. 

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 Arkansas 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 and 

from state measures adopted into the 

SIP. EPA does not have any information 

to suggest that the decrease in ozone 

concentrations in the Memphis, TN-MSAR Area is due to unusually favorable 

meteorological conditions. 

Federal measures enacted in recent 

years have resulted in permanent 

emission reductions. Most of these 

emission reductions are enforceable 

through regulations. 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 Eastern Arkansas prior 

to January 2006 had a sulfur content of 

about 300 ppm (65 FR 6698, February 

10, 2000).7

Large non-road diesel engines rule. 

This rule was promulgated in 2004, and 

was phased in between 2008 through 

2014 (69 FR 38958, June 29, 2004). This 

rule reduces the sulfur content in the 

nonroad diesel fuel, and also reduces 

NOX, VOC, particulate matter, and 

carbon monoxide emissions. These 

emission reductions are federally 

enforceable. This rule applies to diesel 


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8 66 FR 5002, 5012 (January 18, 2001). 

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.8

Nonroad spark-ignition engines and 

recreational engines standards. The 

nonroad spark-ignition and recreational 

engine standards, effective in January 

2003, regulate NOX, hydrocarbons, and 

carbon monoxide from groups of 

previously unregulated nonroad engines 

(67 FR 68242, November 8, 2002). 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) (75 FR 25324, May 7, 

2010) and 2017–2025 (phase 2) 

(proposed at 80 FR 40138, July 13, 

2015). The final standards are projected 

to result in an average industry fleetwide 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. 

Point Sources. Emissions reductions 

from industries in Crittenden County 

contribute to the area’s improvement in 

air quality. Stationary point source 

emissions data is collected annually 

from sources that meet reporting 

requirements outlined in 40 CFR part 

51, subpart A—Air Emissions Reporting 

Requirement. These point sources 

include, but are not limited to, 

refineries, chemical plants, bulk 

terminals, and utilities. 

In 2010, Trojan Luggage Company/

Americo was reclassified from a major 

source for Title V to a minor source and 

currently operates under Minor NSR 

Permit No. 1523–AR–2. With this 

action, allowable VOC emissions 

decreased by 0.1 tons per year (tpy) due 

to the modification of inks used at the 

printer. In addition, two facilities 

previously permitted to emit VOCs shut 

down and had their Title V and NSR 

permits voided, currently have no active 

air permit, and have been removed from 

the State’s emissions inventory: 

Crittenden County Landfill, previously 

permitted to emit 55.2 tpy of VOC, had 

its Title V air permit voided in 2009. 

Automated Conveyer Systems, 

previously permitted to emit 84.0 tpy of 

VOC, had its Title V air permit voided 

in 2010. 

Criteria (4)—The Arkansas 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 Arkansas portion of the 

Memphis, TN-MS-AR Area to 

attainment for the 2008 8-hour ozone 

NAAQS, ADEQ 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 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 is 

proposing to determine that Arkansas’ 

maintenance plan includes all the 

necessary components and is thus 

proposing to approve it as a revision to 

the Arkansas 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. Arkansas 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. Arkansas 

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), 

Arkansas 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. The complete descriptions of 

how the inventories were developed are 

discussed in the Appendix A through 

Appendix C of the December 10, 2015, 

submittal, which can be found in the 


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docket for this action. The 2012 NOX

and VOC emissions for the Arkansas 

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 4 of the following 

subsection discussing the maintenance 

demonstration. 

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 Arkansas 

portion of the Memphis, TN-MS-AR 

Area, as shown in Tables 2 and 3, 

below. 

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

THE MEMPHIS, TN-MS-AR AREA

Sector 2012 2017 2020 2027 

Point ................................................................................................................. 3.65 3.08 2.87 2.26 

Area ................................................................................................................. 3.22 2.85 2.65 2.10 

Non-road .......................................................................................................... 1.97 1.48 1.28 0.73 

On-road ............................................................................................................ 13.04 9.48 7.68 5.18 

Total .......................................................................................................... 21.88 16.89 14.48 10.27 

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

THE MEMPHIS, TN-MS-AR AREA

Sector 2012 2017 2020 2027 

Point ................................................................................................................. 0.78 0.73 0.68 0.53 

Area ................................................................................................................. 7.90 7.57 7.46 7.15 

Non-road .......................................................................................................... 3.26 2.27 2.03 1.36 

On-road ............................................................................................................ 2.35 1.55 1.39 0.98 

Total .......................................................................................................... 14.29 12.12 11.56 10.01 

Tables 2 and 3 summarize the 2012 

and future projected emissions of NOX

and VOC from the Arkansas portion of 

the Memphis, TN-MS-AR Area, as 

reflected in Section 4.1, Table 4 of the 

State’s submittal. 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. Arkansas has 

projected emissions as described 

previously and determined that 

emissions in the Arkansas 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. 

Arkansas selected 2012 as the 

attainment emissions inventory year for 

the Arkansas portion of the Memphis, 

TN-MS-AR Area. The State has 

allocated a portion of the 2027 safety 

margin to its 2027 MVEBs for the 

Memphis, TN-MS-AR Area. 

TABLE 4—TOTAL SAFETY MARGINS

FOR THE ARKANSAS PORTION OF

THE MEMPHIS, TN-MS-AR AREA

TONS PER DAY

[tpd] 

Year VOC NOX

2027 .................. 4.28 11.61 

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. ADEQ has 

allocated 6.29 tpd of the safety margin 

to the 2027 NOX MVEB and 1.10 tpd of 

the safety margin to the 2027 VOC 

MVEB. After allocation of the available 

safety margin, the remaining safety 

margin was calculated as 5.32 tpd for 

NOX and 3.18 tpd for VOC. This 

allocation and the resulting available 

safety margin for the Arkansas 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 currently are 5 monitors 

measuring ozone in the Memphis, TNMS-AR Area, one of which is in the 

Arkansas portion of the Memphis, TNMS-AR Area. The State of Arkansas, 

through ADEQ, has committed to 

continue operation of the monitor in the 

Arkansas portion of the Memphis, TNMS-AR Area in compliance with 40 CFR 

part 58 and have thus addressed the 

requirement for monitoring. EPA 

approved Arkansas’ monitoring plan on 

November 16, 2015. Mississippi and 

Tennessee have made similar 

commitments in their maintenance 


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9On January 20, 2016, ADEQ clarified ADEQ’s 

commitment is to adopt and implement 

contingency measures upon a violation-triggering 

event if it is determined that the violation is caused 

by a source or sources within Crittenden County. 

Clarification Letter from Stuart Spencer to Ron 

Curry, January 20, 2016 (Clarification Letter). A 

copy is contained in the docket for this rulemaking. 

plans. Mississippi’s monitoring plan 

was approved by EPA on November 7, 

2014; whereas Tennessee’s monitoring 

plan was approved by EPA on January 

13, 2015. 

e. Verification of Continued Attainment 

The State of Arkansas, through ADEQ, 

has the legal authority to enforce and 

implement the maintenance plan for the 

Arkansas 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. 

Large stationary sources are required 

to submit an emissions inventory 

annually to ADEQ. ADEQ commits to 

review these emissions inventories to 

determine if any unexpected growth in 

NOX emissions in the Area may 

endanger the maintenance of the 2008 8- 

hour ozone NAAQS. 

Additionally, under the Consolidated 

Emissions Reporting Rule (CERR) and 

Air Emissions Reporting Requirements 

(AERR), ADEQ 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, ADEQ 

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. 

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). 

In the December 10, 2015, submittal, 

Arkansas affirms that all programs 

instituted by the State and EPA will 

remain enforceable and that sources are 

prohibited from decreasing emissions 

controls following the redesignation of 

the Area. 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 of the 

contingency plan will be 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). 

The trigger date will be the date that the 

State observes a 4th highest value that, 

when averaged with the two previous 

ozone seasons’ fourth highest values, 

would result in a three-year average 

equal to or greater than 0.076 ppm. The 

secondary trigger will apply where no 

actual violation of the 2008 8-hour 

ozone NAAQS has occurred, but when 

ADEQ forecasts ozone levels above the 

2008 8-hour ozone NAAQS. 

Once the primary or secondary trigger 

is activated, the ADEQ, shall commence 

analyses including trajectory analyses of 

high ozone days and an emissions 

inventory assessment to determine those 

emission control measures that will be 

required for attaining or maintaining the 

2008 8-hour ozone NAAQS. ADEQ 

commits 9 to adopt and implement at 

least one of the following contingency 

measures listed in Table 5 as 

expeditiously as practicable, but no later 

than 24 months after a primary 

triggering event. 

TABLE 5—CRITTENDEN COUNTY

CONTINGENCY MEASURE OPTIONS

• Reasonable Available Control Technology 

(RACT) for VOC and NOX sources; 

• Anti-idling ordinances; 

• Open burning restrictions during peak 

ozone season; 

• Diesel retrofit/replacement incentives; 

• Programs or incentives to decrease motor 

vehicle use; 

• Trip reduction ordinances; 

• Requirements for additional emissions reductions from stationary sources; 

• Enhancement of inspection of stationary 

sources to ensure emissions control equipment is functioning properly; 

TABLE 5—CRITTENDEN COUNTY CONTINGENCY MEASURE OPTIONS— 

Continued 

• Fuel programs, including incentives for alternative fuels; 

• Employer-based transportation management plans, including incentives; 

• Limitation/restriction of vehicle use in 

downtown areas, or other areas of high 

emissions concentration, particularly during 

periods of peak use; 

• New construction and major reconstruction 

of paths for use by pedestrians or by nonmotorized vehicles when economically feasible and in the public interest; and 

• Other currently unspecified control measures that might prove to be advantageous. 

EPA proposes to conclude 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 Arkansas 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 Arkansas’ 

proposed NOX and VOC MVEBs for the 

Arkansas 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 


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nonattainment areas. These control 

strategy SIPs, including maintenance 

plans, create MVEBs (or in this case subarea 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, 

ADEQ 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. Arkansas also 

provided MVEBs for 2012. Table 6 

below provides the NOX and VOC 

MVEBs in tpd for 2012 and 2027, as 

reflected in Section 4.2, Table 6 of the 

State’s submittal. 

TABLE 6—ARKANSAS’ PORTION OF THE MEMPHIS, TN-MS-AR AREA MVEBS

[tpd] 

2012 2027 

NOX VOC NOX VOC 

Base Emissions ............................................................................................... 13.04 2.35 5.18 0.98 

Safety Margin Allocated to MVEB ................................................................... N/A N/A 6.29 1.10 

Conformity MVEB ............................................................................................ 13.04 2.35 11.47 2.08 

As mentioned above, Arkansas 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, 

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 above, Arkansas has 

selected 2012 as the base year. 

Through this rulemaking, EPA is 

proposing to approve the MVEBs for 

NOX and VOC for 2012 and 2027 for the 

Arkansas portion of the Memphis, TNMS-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 Arkansas 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. 

VII. What is the status of EPA’s 

adequacy determination for the 

proposed NOX and VOC MVEBs for the 

Arkansas 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. The 

adequacy process, as described below, is 

generally faster than approval of the 

controls strategy revision thus allowing 

submitted MVEBs to be used sooner. 

EPA is evaluating the adequacy of the 

submitted MVEBs in parallel to this 

proposed approval action on the 

redesignation request and maintenance 

plan. 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, Arkansas’ 

maintenance plan includes NOX and 

VOC MVEBs for the Arkansas portion of 

the Memphis, TN-MS-AR Area for 2012 

as well as 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 Arkansas portion of the 

Memphis, TN-MS-AR Area, opened for 

public comment on EPA’s adequacy 

Web site on December 16, 2015, found 

at: http://www3.epa.gov/otaq/ 

stateresources/transconf/currsips.htm. 

EPA intends to make its 

determination on the adequacy of the 

2012 and 2027 MVEBs for the Arkansas 

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 December 16, 2015. After 

EPA finds the 2012 and 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 between 2012 

and 2027, the applicable budgets will be 

the new 2012 MVEBs established in the 

maintenance plan, as defined in section 

VI of this proposed rulemaking. For 

analysis years 2027 and beyond, the 

applicable budgets will be the new 2027 

MVEBs established in the maintenance 

plan. 

VIII. What is the effect of EPA’s 

proposed actions? 

EPA’s proposed actions establish the 

basis upon which EPA may take final 


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Federal Register / Vol. 81, No. 27 / Wednesday, February 10, 2016 / Proposed Rules 7055 

action on the issues being proposed for 

approval today. Approval of Arkansas’ 

redesignation request would change the 

legal designation of the portion of 

Crittenden 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 Arkansas’ 

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 2012 and 

2027 for the Arkansas portion of the 

Memphis, TN-MS-AR Area. The MVEBs 

are listed in Table 6 in section VI. 

Additionally, EPA is notifying the 

public of the status of EPA’s adequacy 

determination for the newly-established 

NOX and VOC MVEBs for 2012 and 

2027 for the Arkansas 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 

Arkansas portion of the Memphis, TNMS-AR Area. EPA is proposing to 

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

hour ozone NAAQS. EPA is also 

proposing to approve the maintenance 

plan (including the Clarification Letter) 

for the Arkansas portion of the Area, 

including the NOX and VOC MVEBs for 

2012 and 2027, into the Arkansas SIP 

(under CAA section 175A). The 

maintenance plan demonstrates that the 

Area will continue to maintain the 2008 

8-hour ozone NAAQS through 2027 and 

that the budgets meet all of the 

adequacy criteria contained in 40 CFR 

93.118(e)(4) and (5). Further, as part of 

today’s action, EPA is describing the 

status of its adequacy determination for 

the NOX and VOC MVEBs for 2012 and 

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)(3). 

Additionally, EPA is proposing to 

determine that the Arkansas 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. On this 

basis, EPA is proposing to approve 

Arkansas’ redesignation request for the 

Arkansas portion of the Memphis, TNMS-AR Area. If finalized, approval of 

the redesignation request would change 

the official designation of the portion of 

Crittenden 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 

• do 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). 

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, 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 27, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2016–02567 Filed 2–9–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[FRL–9942–08–Region 1] 

Ocean Disposal; Proposed 

Amendments to Restrictions on Use of 

Dredged Material Disposal Sites in the 

Central and Western Portions of Long 

Island Sound; Connecticut 

AGENCY: Environmental Protection 

Agency (EPA). 


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