80_FR_11171 80 FR 11131 - Approval and Promulgation of Implementation Plans; Mississippi; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

80 FR 11131 - Approval and Promulgation of Implementation Plans; Mississippi; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 40 (March 2, 2015)

Page Range11131-11133
FR Document2015-04140

The Environmental Protection Agency (EPA) is taking final action to approve in part and disapprove in part, the May 29, 2012, and July 26, 2012, State Implementation Plan (SIP) submissions, provided by the Mississippi Department of Environmental Quality (MDEQ) for inclusion into the Mississippi SIP. This final rulemaking pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. MDEQ certified that the Mississippi SIP contains provisions that ensure the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in Mississippi (hereafter referred to as an ``infrastructure SIP submission''). With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, interstate transport, visibility protection requirements and the state board majority requirements respecting significant portion of income, EPA is taking final action to approve Mississippi's infrastructure SIP submissions, provided to EPA on May 29, 2012, and July 26, 2012. EPA is taking final action to disapprove Mississippi's May 29, 2012, and July 26, 2012, SIP submissions with regards to the state board majority requirements respecting significant portion of income. EPA will consider action with regards to the infrastructure elements related to PSD permitting, visibility and interstate transport in a separate action.

Federal Register, Volume 80 Issue 40 (Monday, March 2, 2015)
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11131-11133]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04140]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0698; FRL-9923-55-Region-4]


Approval and Promulgation of Implementation Plans; Mississippi; 
Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve in part and disapprove in part, the May 29, 2012, and 
July 26, 2012, State Implementation Plan (SIP) submissions, provided by 
the Mississippi Department of Environmental Quality (MDEQ) for 
inclusion into the Mississippi SIP. This final rulemaking pertains to 
the Clean Air Act (CAA or the Act) infrastructure requirements for the 
2008 8-hour ozone national ambient air quality standards (NAAQS). The 
CAA requires that each state adopt and submit a SIP for the 
implementation, maintenance and enforcement of each NAAQS promulgated 
by EPA, which is commonly referred to as an ``infrastructure'' SIP. 
MDEQ certified that the Mississippi SIP contains provisions that ensure 
the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in 
Mississippi (hereafter referred to as an ``infrastructure SIP 
submission''). With the exception of provisions pertaining to 
prevention of significant deterioration (PSD) permitting, interstate 
transport, visibility protection requirements and the state board 
majority requirements respecting significant portion of income, EPA is 
taking final action to approve Mississippi's infrastructure SIP 
submissions, provided to EPA on May 29, 2012, and July 26, 2012. EPA is 
taking final action to disapprove Mississippi's May 29, 2012, and July 
26, 2012, SIP submissions with regards to the state board majority 
requirements respecting significant portion of income. EPA will 
consider action with regards to the infrastructure elements related to 
PSD permitting, visibility and interstate transport in a separate 
action.

DATES: This rule will be effective April 1, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0698. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
the Air Planning Branch), Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m. excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be 
reached via electronic mail at ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order to provide for the implementation, 
maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. These SIP submissions are commonly 
referred to as ``infrastructure'' SIP submissions. Section 110(a) 
imposes the obligation upon states to make an infrastructure SIP 
submission to EPA for a new or revised NAAQS, but the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the infrastructure SIP for a new or revised 
NAAQS affect the content of the submission. The contents of such 
infrastructure SIP submissions may also vary depending upon what 
provisions the state's existing SIP already contains. In the case of 
the 2008 8-hour ozone NAAQS, states typically have met the basic 
program elements required in section 110(a)(2) through earlier SIP 
submissions in connection with previous ozone NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for infrastructure SIP requirements related to a 
newly established or revised NAAQS. As mentioned above, these 
requirements include basic structural SIP elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements of section 
110(a)(2) are summarized below and in EPA's September 13, 2013, 
memorandum entitled ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' \1\
---------------------------------------------------------------------------

    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to other provisions of the CAA 
for submission of SIP revisions specifically applicable for 
attainment planning purposes. These requirements are: (1) 
Submissions required by section 110(a)(2)(C) to the extent that 
subsection refers to a permit program as required in part D Title I 
of the CAA; and (2) submissions required by section 110(a)(2)(I) 
which pertain to the nonattainment planning requirements of part D, 
Title I of the CAA. Today's proposed rulemaking does not address 
infrastructure elements related to section 110(a)(2)(I) or the 
nonattainment planning requirements of 110(a)(2)(C).

 110(a)(2)(A): Emission Limits and Other Control Measures
 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
 110(a)(2)(C): Programs for Enforcement of Control Measures and

[[Page 11132]]

for Construction or Modification of Stationary Sources \2\
---------------------------------------------------------------------------

    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
---------------------------------------------------------------------------

 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
 110(a)(2)(E): Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies
 110(a)(2)(F): Stationary Source Monitoring and Reporting
 110(a)(2)(G): Emergency Powers
 110(a)(2)(H): SIP revisions
 110(a)(2)(I): Plan Revisions for Nonattainment Areas \3\
---------------------------------------------------------------------------

    \3\ As mentioned above, this element is not relevant to today's 
rulemaking.
---------------------------------------------------------------------------

 110(a)(2)(J): Consultation with Government Officials, Public 
Notification, and Prevention of Significant Deterioration (PSD) and 
Visibility Protection
 110(a)(2)(K): Air Quality Modeling and Submission of Modeling 
Data
 110(a)(2)(L): Permitting fees
 110(a)(2)(M): Consultation and Participation by Affected Local 
Entities

    On November 24, 2014, EPA proposed to approve in part and 
disapprove in part, the May 29, 2012, and July 26, 2012, 2008 8-hour 
ozone NAAQS infrastructure SIP submissions with the exception of the 
PSD permitting requirements for major sources of sections 110(a)(2)(C) 
and (J), the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility 
requirements of section 110(a)(2)(J), which EPA will address in a 
separate action. EPA also proposed to disapprove a portion of 
Mississippi's infrastructure submission for section 110(a)(2)(E)(ii) 
pertaining to state board majority requirements respecting significant 
portion of income. See 79 FR 69787. EPA did not receive any comments, 
adverse or otherwise, on the Agency's November 24, 2014, proposed 
action. In this rulemaking, EPA is taking final action to approve in 
part and disapprove in part Mississippi's May 29, 2012, and July 26, 
2012, infrastructure submissions as demonstrating that the State meets 
the applicable requirements of sections 110(a)(1) and (2) of the CAA 
for the 2008 8-hour ozone NAAQS, as proposed in the Agency's November 
24, 2014, rulemaking. EPA will act on portions of Mississippi's 
submissions not addressed in today's rulemaking in a separate action.

II. Final Action

    With the exceptions described below, EPA is taking final action to 
approve that MDEQ's infrastructure SIP submissions, submitted May 29, 
2012, and July 26, 2012, for the 2008 8-hour ozone NAAQS have met the 
above described infrastructure SIP requirements. EPA is disapproving in 
part section 110(a)(2)(E)(ii) of Mississippi's infrastructure 
submissions because the majority of members of boards that approve 
permits or enforcement orders in Mississippi may still derive a 
significant portion of income from persons subject to permits or 
enforcement orders issued by such Mississippi boards, and therefore, 
its current SIP does not meet the section 128(a)(1) majority 
requirements respecting significant portion of income. This final 
approval in part and disapproval in part, however, does not include the 
PSD permitting requirements for major sources of section 110(a)(2)(C) 
and (J), the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility 
requirements of section 110(a)(2)(J), which will be addressed by EPA in 
a separate action. With the exceptions noted above Mississippi has 
addressed the elements of the CAA 110(a)(1) and (2) SIP requirements 
pursuant to section 110 of the CAA to ensure that the 2008 8-hour ozone 
NAAQS is implemented, enforced, and maintained in Mississippi.

III. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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).
    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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 1, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the

[[Page 11133]]

finality of this action for the purposes of judicial review nor does it 
extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2).

List of Subjects 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.

    Dated: February 11, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Z--Mississippi

0
2. Section 52.1270(e) is amended by adding a new entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2008 8-Hour Ozone National 
Ambient Air Quality Standards'' at the end of the table to read as 
follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (e) * * *

                               EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                             State
  Name of non-regulatory SIP     Applicable geographic  submittal date/ EPA approval date       Explanation
           provision             or nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2)               Mississippi...........       7/26/2012  3/2/2015 [Insert   With the exception of
 Infrastructure Requirements                                             citation of        sections:
 for the 2008 8-Hour Ozone                                               publication].     110(a)(2)(C) and (J)
 National Ambient Air Quality                                                               concerning PSD
 Standards.                                                                                 permitting
                                                                                            requirements;
                                                                                           110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1
                                                                                            through 4)
                                                                                            concerning
                                                                                            interstate transport
                                                                                            requirements;
                                                                                           110(a)(2)(E)(ii)
                                                                                            concerning state
                                                                                            board majority
                                                                                            requirements
                                                                                            respecting
                                                                                            significant portion
                                                                                            of income; and
                                                                                           110(a)(2)(J)
                                                                                            concerning
                                                                                            visibility
                                                                                            requirements.
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1272 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.1272  Approval status.

* * * * *
    (b) Disapproval. Submittal from the State of Mississippi, through 
the Mississippi Department of Environmental Quality (MDEQ) on May 29, 
2012, and July 26, 2012, to address the Clean Air Act (CAA) section 
110(a)(2)(E)(ii) for the 2008 8-hour Ozone National Ambient Air Quality 
Standards concerning state board majority requirements respecting 
significant portion of income. EPA is disapproving MDEQ's submittal 
with respect to section 128(a)(1) because a majority of board members 
may still derive a significant portion of income from persons subject 
to permits or enforcement orders issued by the Mississippi Boards, 
therefore, its current SIP does not meet the section 128(a)(1) majority 
requirements respecting significant portion of income for the 2008 8-
hour Ozone National Ambient Air Quality Standards.

[FR Doc. 2015-04140 Filed 2-27-15; 8:45 am]
BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                                   11131

                                                  Broadcast Notice to Mariners or by on-                  2012, SIP submissions with regards to                 or revised NAAQS within three years
                                                  scene designated representatives.                       the state board majority requirements                 following the promulgation of such
                                                    (4) This regulation does not apply to                 respecting significant portion of income.             NAAQS, or within such shorter period
                                                  authorized law enforcement agencies                     EPA will consider action with regards to              as EPA may prescribe. These SIP
                                                  operating within the regulated area.                    the infrastructure elements related to                submissions are commonly referred to
                                                    Dated: February 19, 2015.                             PSD permitting, visibility and interstate             as ‘‘infrastructure’’ SIP submissions.
                                                                                                          transport in a separate action.                       Section 110(a) imposes the obligation
                                                  T.G. Allan, Jr.,
                                                                                                          DATES: This rule will be effective April              upon states to make an infrastructure
                                                  Captain, U.S. Coast Guard, Captain of the
                                                  Port Jacksonville.                                      1, 2015.                                              SIP submission to EPA for a new or
                                                                                                          ADDRESSES: EPA has established a                      revised NAAQS, but the contents of that
                                                  [FR Doc. 2015–04280 Filed 2–27–15; 8:45 am]
                                                                                                          docket for this action under Docket                   submission may vary depending upon
                                                  BILLING CODE 9110–04–P
                                                                                                          Identification No. EPA–R04–OAR–                       the facts and circumstances. In
                                                                                                          2012–0698. All documents in the docket                particular, the data and analytical tools
                                                                                                          are listed on the www.regulations.gov                 available at the time the state develops
                                                  ENVIRONMENTAL PROTECTION                                Web site. Although listed in the index,               and submits the infrastructure SIP for a
                                                  AGENCY                                                  some information is not publicly                      new or revised NAAQS affect the
                                                                                                          available, i.e., Confidential Business                content of the submission. The contents
                                                  40 CFR Part 52
                                                                                                          Information or other information whose                of such infrastructure SIP submissions
                                                  [EPA–R04–OAR–2012–0698; FRL–9923–55–                    disclosure is restricted by statute.                  may also vary depending upon what
                                                  Region–4]                                               Certain other material, such as                       provisions the state’s existing SIP
                                                                                                          copyrighted material, is not placed on                already contains. In the case of the 2008
                                                  Approval and Promulgation of                                                                                  8-hour ozone NAAQS, states typically
                                                                                                          the Internet and will be publicly
                                                  Implementation Plans; Mississippi;                                                                            have met the basic program elements
                                                                                                          available only in hard copy form.
                                                  Infrastructure Requirements for the                                                                           required in section 110(a)(2) through
                                                                                                          Publicly available docket materials are
                                                  2008 8-Hour Ozone National Ambient                                                                            earlier SIP submissions in connection
                                                                                                          available either electronically through
                                                  Air Quality Standards                                                                                         with previous ozone NAAQS.
                                                                                                          www.regulations.gov or in hard copy at
                                                  AGENCY:  Environmental Protection                       the Air Regulatory Management Section                    More specifically, section 110(a)(1)
                                                  Agency (EPA).                                           (formerly the Regulatory Development                  provides the procedural and timing
                                                                                                          Section), Air Planning and                            requirements for SIPs. Section 110(a)(2)
                                                  ACTION: Final rule.
                                                                                                          Implementation Branch (formerly the                   lists specific elements that states must
                                                  SUMMARY:    The Environmental Protection                Air Planning Branch), Air, Pesticides                 meet for infrastructure SIP requirements
                                                  Agency (EPA) is taking final action to                  and Toxics Management Division, U.S.                  related to a newly established or revised
                                                  approve in part and disapprove in part,                 Environmental Protection Agency,                      NAAQS. As mentioned above, these
                                                  the May 29, 2012, and July 26, 2012,                    Region 4, 61 Forsyth Street SW.,                      requirements include basic structural
                                                  State Implementation Plan (SIP)                         Atlanta, Georgia 30303–8960. EPA                      SIP elements such as modeling,
                                                  submissions, provided by the                            requests that if at all possible, you                 monitoring, and emissions inventories
                                                  Mississippi Department of                               contact the person listed in the FOR                  that are designed to assure attainment
                                                  Environmental Quality (MDEQ) for                        FURTHER INFORMATION CONTACT section to                and maintenance of the NAAQS. The
                                                  inclusion into the Mississippi SIP. This                schedule your inspection. The Regional                requirements of section 110(a)(2) are
                                                  final rulemaking pertains to the Clean                  Office’s official hours of business are               summarized below and in EPA’s
                                                  Air Act (CAA or the Act) infrastructure                 Monday through Friday, 8:30 a.m. to                   September 13, 2013, memorandum
                                                  requirements for the 2008 8-hour ozone                  4:30 p.m. excluding Federal holidays.                 entitled ‘‘Guidance on Infrastructure
                                                  national ambient air quality standards                  FOR FURTHER INFORMATION CONTACT:                      State Implementation Plan (SIP)
                                                  (NAAQS). The CAA requires that each                     Nacosta C. Ward, Air Regulatory                       Elements under Clean Air Act Sections
                                                  state adopt and submit a SIP for the                    Management Section, Air Planning and                  110(a)(1) and 110(a)(2).’’ 1
                                                  implementation, maintenance and                         Implementation Branch, Air, Pesticides                • 110(a)(2)(A): Emission Limits and
                                                  enforcement of each NAAQS                               and Toxics Management Division, U.S.                     Other Control Measures
                                                  promulgated by EPA, which is                            Environmental Protection Agency,                      • 110(a)(2)(B): Ambient Air Quality
                                                  commonly referred to as an                              Region 4, 61 Forsyth Street SW.,                         Monitoring/Data System
                                                  ‘‘infrastructure’’ SIP. MDEQ certified                  Atlanta, Georgia 30303–8960. The                      • 110(a)(2)(C): Programs for
                                                  that the Mississippi SIP contains                       telephone number is (404) 562–9140.                      Enforcement of Control Measures and
                                                  provisions that ensure the 2008 8-hour                  Ms. Ward can be reached via electronic
                                                                                                                                                                  1 Two elements identified in section 110(a)(2) are
                                                  ozone NAAQS is implemented,                             mail at ward.nacosta@epa.gov.
                                                                                                                                                                not governed by the three year submission deadline
                                                  enforced, and maintained in Mississippi                 SUPPLEMENTARY INFORMATION:                            of section 110(a)(1) because SIPs incorporating
                                                  (hereafter referred to as an                                                                                  necessary local nonattainment area controls are not
                                                  ‘‘infrastructure SIP submission’’). With                I. Background                                         due within three years after promulgation of a new
                                                  the exception of provisions pertaining to                  Upon promulgation of a new or                      or revised NAAQS, but rather due at the time the
                                                                                                                                                                nonattainment area plan requirements are due
                                                  prevention of significant deterioration                 revised NAAQS, sections 110(a)(1) and                 pursuant to other provisions of the CAA for
                                                  (PSD) permitting, interstate transport,                 (2) of the CAA require states to address              submission of SIP revisions specifically applicable
                                                  visibility protection requirements and                  basic SIP requirements, including                     for attainment planning purposes. These
                                                  the state board majority requirements                   emissions inventories, monitoring, and                requirements are: (1) Submissions required by
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                                                                                section 110(a)(2)(C) to the extent that subsection
                                                  respecting significant portion of income,               modeling to assure attainment and                     refers to a permit program as required in part D
                                                  EPA is taking final action to approve                   maintenance for that new NAAQS.                       Title I of the CAA; and (2) submissions required by
                                                  Mississippi’s infrastructure SIP                        Section 110(a) of the CAA generally                   section 110(a)(2)(I) which pertain to the
                                                  submissions, provided to EPA on May                     requires states to make a SIP submission              nonattainment planning requirements of part D,
                                                                                                                                                                Title I of the CAA. Today’s proposed rulemaking
                                                  29, 2012, and July 26, 2012. EPA is                     to meet applicable requirements in                    does not address infrastructure elements related to
                                                  taking final action to disapprove                       order to provide for the implementation,              section 110(a)(2)(I) or the nonattainment planning
                                                  Mississippi’s May 29, 2012, and July 26,                maintenance, and enforcement of a new                 requirements of 110(a)(2)(C).



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                                                  11132                Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations

                                                      for Construction or Modification of                  II. Final Action                                      under the Regulatory Flexibility Act (5
                                                      Stationary Sources 2                                    With the exceptions described below,               U.S.C. 601 et seq.);
                                                  •   110(a)(2)(D)(i)(I) and (II): Interstate                                                                       • does not contain any unfunded
                                                                                                           EPA is taking final action to approve
                                                      Pollution Transport                                                                                        mandate or significantly or uniquely
                                                                                                           that MDEQ’s infrastructure SIP
                                                  •   110(a)(2)(D)(ii): Interstate Pollution               submissions, submitted May 29, 2012,
                                                                                                                                                                 affect small governments, as described
                                                      Abatement and International Air                                                                            in the Unfunded Mandates Reform Act
                                                                                                           and July 26, 2012, for the 2008 8-hour
                                                      Pollution                                                                                                  of 1995 (Pub. L. 104–4);
                                                                                                           ozone NAAQS have met the above                           • does not have Federalism
                                                  •   110(a)(2)(E): Adequate Resources and                 described infrastructure SIP
                                                      Authority, Conflict of Interest, and                                                                       implications as specified in Executive
                                                                                                           requirements. EPA is disapproving in                  Order 13132 (64 FR 43255, August 10,
                                                      Oversight of Local Governments and                   part section 110(a)(2)(E)(ii) of
                                                      Regional Agencies                                                                                          1999);
                                                                                                           Mississippi’s infrastructure submissions                 • is not an economically significant
                                                  •   110(a)(2)(F): Stationary Source                      because the majority of members of
                                                      Monitoring and Reporting                                                                                   regulatory action based on health or
                                                                                                           boards that approve permits or                        safety risks subject to Executive Order
                                                  •   110(a)(2)(G): Emergency Powers                       enforcement orders in Mississippi may
                                                  •   110(a)(2)(H): SIP revisions                                                                                13045 (62 FR 19885, April 23, 1997);
                                                                                                           still derive a significant portion of                    • is not a significant regulatory action
                                                  •   110(a)(2)(I): Plan Revisions for                     income from persons subject to permits                subject to Executive Order 13211 (66 FR
                                                      Nonattainment Areas 3                                or enforcement orders issued by such                  28355, May 22, 2001);
                                                  •   110(a)(2)(J): Consultation with                      Mississippi boards, and therefore, its                   • is not subject to requirements of
                                                      Government Officials, Public                         current SIP does not meet the section                 Section 12(d) of the National
                                                      Notification, and Prevention of                      128(a)(1) majority requirements                       Technology Transfer and Advancement
                                                      Significant Deterioration (PSD) and                  respecting significant portion of income.             Act of 1995 (15 U.S.C. 272 note) because
                                                      Visibility Protection                                This final approval in part and                       application of those requirements would
                                                  •   110(a)(2)(K): Air Quality Modeling                   disapproval in part, however, does not                be inconsistent with the CAA; and
                                                      and Submission of Modeling Data                      include the PSD permitting                               • does not provide EPA with the
                                                  •   110(a)(2)(L): Permitting fees                        requirements for major sources of                     discretionary authority to address, as
                                                  •   110(a)(2)(M): Consultation and                       section 110(a)(2)(C) and (J), the                     appropriate, disproportionate human
                                                      Participation by Affected Local                      interstate transport requirements of                  health or environmental effects, using
                                                      Entities                                             section 110(a)(2)(D)(i)(I) and (II) (prongs           practicable and legally permissible
                                                     On November 24, 2014, EPA proposed                    1 through 4), and the visibility                      methods, under Executive Order 12898
                                                  to approve in part and disapprove in                     requirements of section 110(a)(2)(J),                 (59 FR 7629, February 16, 1994).
                                                  part, the May 29, 2012, and July 26,                     which will be addressed by EPA in a                      The SIP is not approved to apply on
                                                  2012, 2008 8-hour ozone NAAQS                            separate action. With the exceptions                  any Indian reservation land or in any
                                                  infrastructure SIP submissions with the                  noted above Mississippi has addressed                 other area where EPA or an Indian tribe
                                                  exception of the PSD permitting                          the elements of the CAA 110(a)(1) and                 has demonstrated that a tribe has
                                                  requirements for major sources of                        (2) SIP requirements pursuant to section              jurisdiction. In those areas of Indian
                                                  sections 110(a)(2)(C) and (J), the                       110 of the CAA to ensure that the 2008                country, the rule does not have tribal
                                                  interstate transport requirements of                     8-hour ozone NAAQS is implemented,                    implications as specified by Executive
                                                  section 110(a)(2)(D)(i)(I) and (II) (prongs              enforced, and maintained in                           Order 13175 (65 FR 67249, November 9,
                                                  1 through 4), and the visibility                         Mississippi.                                          2000), nor will it impose substantial
                                                  requirements of section 110(a)(2)(J),                                                                          direct costs on tribal governments or
                                                                                                           III. Statutory and Executive Order
                                                  which EPA will address in a separate                                                                           preempt tribal law.
                                                                                                           Reviews                                                  The Congressional Review Act, 5
                                                  action. EPA also proposed to disapprove
                                                  a portion of Mississippi’s infrastructure                  Under the CAA, the Administrator is                 U.S.C. 801 et seq., as added by the Small
                                                  submission for section 110(a)(2)(E)(ii)                  required to approve a SIP submission                  Business Regulatory Enforcement
                                                  pertaining to state board majority                       that complies with the provisions of the              Fairness Act of 1996, generally provides
                                                  requirements respecting significant                      Act and applicable Federal regulations.               that before a rule may take effect, the
                                                  portion of income. See 79 FR 69787.                      42 U.S.C. 7410(k); 40 CFR 52.02(a).                   agency promulgating the rule must
                                                  EPA did not receive any comments,                        Thus, in reviewing SIP submissions,                   submit a rule report, which includes a
                                                  adverse or otherwise, on the Agency’s                    EPA’s role is to approve state choices,               copy of the rule, to each House of the
                                                  November 24, 2014, proposed action. In                   provided that they meet the criteria of               Congress and to the Comptroller General
                                                  this rulemaking, EPA is taking final                     the CAA. Accordingly, this action                     of the United States. EPA will submit a
                                                  action to approve in part and                            merely approves state law as meeting                  report containing this action and other
                                                  disapprove in part Mississippi’s May 29,                 federal requirements and does not                     required information to the U.S. Senate,
                                                  2012, and July 26, 2012, infrastructure                  impose additional requirements beyond                 the U.S. House of Representatives, and
                                                  submissions as demonstrating that the                    those imposed by State law. For that                  the Comptroller General of the United
                                                  State meets the applicable requirements                  reason, this action:                                  States prior to publication of the rule in
                                                  of sections 110(a)(1) and (2) of the CAA                   • Is not a ‘‘significant regulatory                 the Federal Register. A major rule
                                                  for the 2008 8-hour ozone NAAQS, as                      action’’ subject to review by the Office              cannot take effect until 60 days after it
                                                  proposed in the Agency’s November 24,                    of Management and Budget under                        is published in the Federal Register.
                                                  2014, rulemaking. EPA will act on                        Executive Order 12866 (58 FR 51735,                   This action is not a ‘‘major rule’’ as
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                                                  portions of Mississippi’s submissions                    October 4, 1993);                                     defined by 5 U.S.C. 804(2).
                                                  not addressed in today’s rulemaking in                     • does not impose an information                       Under section 307(b)(1) of the CAA,
                                                  a separate action.                                       collection burden under the provisions                petitions for judicial review of this
                                                                                                           of the Paperwork Reduction Act (44                    action must be filed in the United States
                                                    2 This rulemaking only addresses requirements
                                                                                                           U.S.C. 3501 et seq.);                                 Court of Appeals for the appropriate
                                                  for this element as they relate to attainment areas.       • is certified as not having a                      circuit by May 1, 2015. Filing a petition
                                                    3 As mentioned above, this element is not              significant economic impact on a                      for reconsideration by the Administrator
                                                  relevant to today’s rulemaking.                          substantial number of small entities                  of this final rule does not affect the


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                                                                      Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations                                                  11133

                                                  finality of this action for the purposes of             Nitrogen dioxide, Ozone, Reporting and                      Authority: 42 U.S.C. 7401 et seq.
                                                  judicial review nor does it extend the                  recordkeeping requirements, Volatile
                                                  time within which a petition for judicial               organic compounds.                                      Subpart Z—Mississippi
                                                  review may be filed, and shall not                        Dated: February 11, 2015.
                                                  postpone the effectiveness of such rule                 V. Anne Heard,
                                                                                                                                                                  ■ 2. Section 52.1270(e) is amended by
                                                  or action. This action may not be                                                                               adding a new entry ‘‘110(a)(1) and (2)
                                                                                                          Acting Regional Administrator, Region 4.
                                                  challenged later in proceedings to                                                                              Infrastructure Requirements for the 2008
                                                  enforce its requirements. See section                       40 CFR part 52 is amended as follows:               8-Hour Ozone National Ambient Air
                                                  307(b)(2).                                                                                                      Quality Standards’’ at the end of the
                                                                                                          PART 52—APPROVAL AND                                    table to read as follows:
                                                  List of Subjects in 40 CFR Part 52                      PROMULGATION OF
                                                                                                          IMPLEMENTATION PLANS                                    § 52.1270    Identification of plan.
                                                    Environmental protection, Air
                                                  pollution control, Incorporation by                     ■ 1. The authority citation for part 52                 *       *    *       *     *
                                                  reference, Intergovernmental relations,                 continues to read as follows:                               (e) * * *
                                                                                            EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
                                                                                      Applicable         State submittal
                                                      Name of non-regulatory        geographic or         date/effective          EPA approval date                                 Explanation
                                                         SIP provision              nonattainment             date
                                                                                        area


                                                            *                      *                          *                      *                       *                     *                    *
                                                  110(a)(1) and (2) Infra-        Mississippi ........            7/26/2012   3/2/2015 [Insert citation      With the exception of sections:
                                                    structure Requirements                                                      of publication].                 110(a)(2)(C) and (J) concerning PSD permit-
                                                    for the 2008 8-Hour                                                                                             ting requirements;
                                                    Ozone National Ambi-                                                                                         110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4)
                                                    ent Air Quality Stand-                                                                                          concerning interstate transport requirements;
                                                    ards.                                                                                                        110(a)(2)(E)(ii) concerning state board majority
                                                                                                                                                                    requirements respecting significant portion of
                                                                                                                                                                    income; and
                                                                                                                                                                 110(a)(2)(J) concerning visibility requirements.



                                                  ■ 3. Section 52.1272 is amended by                      ENVIRONMENTAL PROTECTION                                Register informing the public that the
                                                  adding paragraph (b) to read as follows:                AGENCY                                                  rule will not take effect.
                                                                                                                                                                  ADDRESSES: Submit your comments,
                                                  § 52.1272    Approval status.                           40 CFR Part 52                                          identified by Docket ID No. EPA–R05–
                                                  *     *     *      *     *                                                                                      OAR–2014–0662, by one of the
                                                    (b) Disapproval. Submittal from the                   [EPA–R05–OAR–2014–0662; FRL–9923–45–                    following methods:
                                                  State of Mississippi, through the                       Region 5]                                                  1. www.regulations.gov: Follow the
                                                  Mississippi Department of                                                                                       on-line instructions for submitting
                                                                                                          Approval and Promulgation of Air                        comments.
                                                  Environmental Quality (MDEQ) on May                     Quality Implementation Plans; Ohio;                        2. Email: blakley.pamela@epa.gov.
                                                  29, 2012, and July 26, 2012, to address                 Transportation Conformity                                  3. Fax: (312) 692–2450.
                                                  the Clean Air Act (CAA) section                                                                                    4. Mail: Pamela Blakley, Chief,
                                                  110(a)(2)(E)(ii) for the 2008 8-hour                    AGENCY: Environmental Protection                        Control Strategies Section, Air Programs
                                                  Ozone National Ambient Air Quality                      Agency.                                                 Branch (AR–18J), U.S. Environmental
                                                  Standards concerning state board                        ACTION: Direct final rule.                              Protection Agency, 77 West Jackson
                                                  majority requirements respecting                                                                                Boulevard, Chicago, Illinois 60604.
                                                  significant portion of income. EPA is                   SUMMARY:   The Environmental Protection                    5. Hand Delivery: Pamela Blakley,
                                                  disapproving MDEQ’s submittal with                      Agency (EPA) is approving, under the                    Chief, Control Strategies Section, Air
                                                  respect to section 128(a)(1) because a                  Clean Air Act, a revision to Ohio’s                     Programs Branch (AR–18J), U.S.
                                                  majority of board members may still                     transportation conformity state                         Environmental Protection Agency, 77
                                                  derive a significant portion of income                  implementation plan (SIP) that meets                    West Jackson Boulevard, Chicago,
                                                  from persons subject to permits or                      EPA and United States Department of                     Illinois 60604. Such deliveries are only
                                                                                                          Transportation (DOT) requirements.                      accepted during the Regional Office
                                                  enforcement orders issued by the
                                                                                                          This revision brings Ohio’s                             normal hours of operation, and special
                                                  Mississippi Boards, therefore, its current
                                                                                                          transportation conformity SIP into                      arrangements should be made for
                                                  SIP does not meet the section 128(a)(1)
                                                                                                          compliance with the requirements of the                 deliveries of boxed information. The
                                                  majority requirements respecting                        Safe, Accountable, Flexible, Efficient
                                                  significant portion of income for the                                                                           Regional Office official hours of
                                                                                                          Transportation Act: A Legacy for Users
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                                                  2008 8-hour Ozone National Ambient                                                                              business are Monday through Friday,
                                                                                                          (SAFETEA–LU).                                           8:30 a.m. to 4:30 p.m., excluding
                                                  Air Quality Standards.
                                                                                                          DATES: This direct final rule will be                   Federal holidays.
                                                  [FR Doc. 2015–04140 Filed 2–27–15; 8:45 am]             effective May 1, 2015, unless EPA                          Instructions: Direct your comments to
                                                  BILLING CODE 6560–50–P                                  receives adverse comments by April 1,                   Docket ID No. EPA–R05–OAR–2014–
                                                                                                          2015. If adverse comments are received,                 0662. EPA’s policy is that all comments
                                                                                                          EPA will publish a timely withdrawal of                 received will be included in the public
                                                                                                          the direct final rule in the Federal                    docket without change and may be


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Document Created: 2015-12-18 12:07:52
Document Modified: 2015-12-18 12:07:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective April 1, 2015.
ContactNacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected]
FR Citation80 FR 11131 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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