80_FR_16626 80 FR 16566 - Approval and Promulgation of Implementation Plans; Mississippi Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

80 FR 16566 - Approval and Promulgation of Implementation Plans; Mississippi Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 60 (March 30, 2015)

Page Range16566-16568
FR Document2015-06765

The Environmental Protection Agency (EPA) is taking final action to approve in part and disapprove in part the November 17, 2011, State Implementation Plan (SIP) submission, provided by the Mississippi Department of Environmental Quality (MDEQ) for inclusion into the Mississippi SIP. This final action pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead 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 Lead NAAQS is implemented, enforced, and maintained in Mississippi. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting, for which EPA is not acting upon, and disapproving certain state boards requirements, EPA is taking final action to approve Mississippi's infrastructure SIP submission, provided to EPA on November 17, 2011, because it addresses the required infrastructure elements for the 2008 Lead NAAQS.

Federal Register, Volume 80 Issue 60 (Monday, March 30, 2015)
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16566-16568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0270; FRL-9924-99-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi 
Infrastructure Requirements for the 2008 Lead 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 November 17, 2011, 
State Implementation Plan (SIP) submission, provided by the Mississippi 
Department of Environmental Quality (MDEQ) for inclusion into the 
Mississippi SIP. This final action pertains to the Clean Air Act (CAA 
or the Act) infrastructure requirements for the 2008 Lead 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 Lead NAAQS is 
implemented, enforced, and maintained in Mississippi. With the 
exception of provisions pertaining to prevention of significant 
deterioration (PSD) permitting, for which EPA is not acting upon, and 
disapproving certain state boards requirements, EPA is taking final 
action to approve Mississippi's infrastructure SIP submission, provided 
to EPA on November 17, 2011, because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS.

DATES: This rule will be effective April 29, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0270. 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: Zuri Farngalo, 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) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 16567]]

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 Lead NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous lead 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 applicable infrastructure 
SIP requirements that are the subject of this rulemaking are listed 
below.\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): Program for enforcement, prevention of 
significant deterioration (PSD) and new source review (NSR).\2\
---------------------------------------------------------------------------

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

     110(a)(2)(D): Interstate and international transport 
provisions.
     110(a)(2)(E): Adequate personnel, funding, and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials, 
public notification, and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    On November 18, 2014, EPA proposed to approve Mississippi's 
November 17, 2011, 2008 Lead NAAQS infrastructure SIP submission with 
the exception of provisions pertaining to PSD permitting in sections 
110(a)(2)(C), prong 3 of D(i) and (J) and the majority requirements 
respecting significant portion of income for state boards of section 
110(a)(2)(E)(ii). EPA proposed disapproval of the majority requirements 
respecting significant portion of income for state boards of section 
110(a)(2)(E)(ii). EPA will address the PSD permitting requirements in 
sections 110(a)(2)(C), prong 3 of D(i) and (J) in a separate action. 
See 79 FR 68648.

II. Today's Action

    In this rulemaking, EPA is taking final action to approve 
Mississippi's infrastructure submission as demonstrating that the State 
meets the applicable requirements of sections 110(a)(1) and (2) of the 
CAA for the 2008 Lead NAAQS, with the exception of PSD permitting 
provisions in sections 110(a)(2)(C), prong 3 of D(i) and (J). EPA will 
be taking action on these elements in a separate action. Additionally, 
EPA is disapproving Mississippi's infrastructure submission with regard 
to the majority requirements respecting significant portion of income 
for state boards in section 110(a)(2)(E)(ii).

III. Final Action

    With the exception of provisions pertaining to PSD permitting 
requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J) and the 
majority requirements respecting significant portion of income for 
state boards of section 110(a)(2)(E)(ii), EPA is taking final action to 
approve Mississippi's November 17, 2011, infrastructure submission 
because it addresses the required infrastructure elements for the 2008 
Lead NAAQS. EPA is disapproving in part section 110(a)(2)(E)(ii) 
because a majority of board members 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, therefore, its current SIP does not meet the 
section 128(a)(1) majority requirements respecting significant portion 
of income. With the exceptions noted above MDEQ 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 Lead NAAQS is 
implemented, enforced, and maintained in Mississippi.

IV. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);

[[Page 16568]]

     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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 29, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the 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 Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 11, 2015.
Heather McTeer Toney,
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 Lead 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
----------------------------------------------------------------------------------------------------------------
                                     Applicable
    Name of nonregulatory SIP      geographic or   State submittal
            provision              nonattainment    date/effective   EPA approval date         Explanation
                                        area             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure       11/4/2011          3/30/15   [Insert citation of  With the exception of
 Requirements for the 2008 Lead                                      publication].        provisions pertaining
 National Ambient Air Quality                                                             to PSD permitting
 Standards 110(a)(2)(E)(ii)                                                               requirements in
 Infrastructure Requirement for                                                           sections 110(a)(2)(C),
 2008 Lead National Ambient Air                                                           prong 3 of D(i) and
 Quality Standards.                                                                       (J) and the majority
                                                                                          of requirements
                                                                                          respecting significant
                                                                                          portion of income of
                                                                                          section
                                                                                          110(a)(2)(E)(ii)
                                                                                          (related to section
                                                                                          128(a)(2)).
----------------------------------------------------------------------------------------------------------------


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


Sec.  52.1272  Approval status.

* * * * *
    (c) Disapproval. With respect to the significant portion of income 
requirement of section 128(a)(1), the provisions included in the 
October 11, 2012, infrastructure SIP submission did not preclude at 
least a majority of the members of the Mississippi Board from receiving 
a significant portion of their income from persons subject to permits 
or enforcement orders issued by the Mississippi Boards. 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, the Mississippi SIP does not meet the section 
128(a)(1) majority requirements respecting significant portion of 
income, and as such, EPA is today proposing to disapprove the State's 
110(a)(2)(E)(ii) submission as it relates only to this portion of 
section 128(a)(1).

[FR Doc. 2015-06765 Filed 3-27-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                  16566                 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations

                                                  enforce its requirements. (See section                          Dated: March 17, 2015.                                                Authority: 42 U.S.C. 7401 et seq.
                                                  307(b)(2).)                                                    Mark Hague,
                                                                                                                 Acting Regional Administrator, Region 7.                           Subpart AA—Missouri
                                                  List of Subjects in 40 CFR Part 52
                                                                                                                   For the reasons stated in the                                    ■ 2. In § 52.1320(c) the table is amended
                                                    Environmental protection, Air                                preamble, EPA amends 40 CFR part 52                                by revising the entry for 10–5.570 to
                                                  pollution control, Carbon monoxide,                            as set forth below:                                                read as follows:
                                                  Incorporation by reference,
                                                  Intergovernmental relations, Lead,                             Part 52—APPROVAL AND                                               § 52.1320       Identification of Plan.
                                                  Nitrogen dioxide, Ozone, Particulate                           PROMULGATION OF
                                                                                                                 IMPLEMENTATION PLANS                                               *       *    *          *    *
                                                  matter, Reporting and recordkeeping
                                                                                                                                                                                        (c) * * *
                                                  requirements, Sulfur oxides, Volatile                          ■ 1. The authority citation for part 52
                                                  organic compounds.                                             continues to read as follows:

                                                                                                                EPA-APPROVED MISSOURI REGULATIONS
                                                                                                                                       State effective
                                                          Missouri citation                                   Title                                                  EPA Approval date                            Explanation
                                                                                                                                            date

                                                                                                                  Missouri Department of Natural Resources


                                                              *                            *                          *                     *                             *                            *                      *

                                                                      Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area


                                                            *                                *                  *                           *                           *                               *                     *
                                                  10–5.570 ................................. Control of Sulfur Emissions                        10/30/13      3/30/15 ...................................
                                                                                               from Stationary Boilers.                                       [Insert Federal Register cita-
                                                                                                                                                                 tion].

                                                              *                            *                          *                     *                             *                            *                      *



                                                  *      *        *       *      *                               implementation, maintenance, and                                   Publicly available docket materials are
                                                  [FR Doc. 2015–07126 Filed 3–27–15; 8:45 am]                    enforcement of each NAAQS                                          available either electronically through
                                                  BILLING CODE 6560–50–P                                         promulgated by EPA, which is                                       www.regulations.gov or in hard copy at
                                                                                                                 commonly referred to as an                                         the Air Regulatory Management Section
                                                                                                                 ‘‘infrastructure’’ SIP. MDEQ certified                             (formerly the Regulatory Development
                                                  ENVIRONMENTAL PROTECTION                                       that the Mississippi SIP contains                                  Section), Air Planning and
                                                  AGENCY                                                         provisions that ensure the 2008 Lead                               Implementation Branch (formerly the
                                                                                                                 NAAQS is implemented, enforced, and                                Air Planning Branch), Air, Pesticides
                                                  40 CFR Part 52                                                 maintained in Mississippi. With the                                and Toxics Management Division, U.S.
                                                  [EPA–R04–OAR–2013–0270; FRL–9924–99–                           exception of provisions pertaining to                              Environmental Protection Agency,
                                                  Region 4]                                                      prevention of significant deterioration                            Region 4, 61 Forsyth Street SW.,
                                                                                                                 (PSD) permitting, for which EPA is not                             Atlanta, Georgia 30303–8960. EPA
                                                  Approval and Promulgation of                                   acting upon, and disapproving certain
                                                  Implementation Plans; Mississippi                                                                                                 requests that if at all possible, you
                                                                                                                 state boards requirements, EPA is taking
                                                  Infrastructure Requirements for the                                                                                               contact the person listed in the FOR
                                                                                                                 final action to approve Mississippi’s
                                                  2008 Lead National Ambient Air Quality                                                                                            FURTHER INFORMATION CONTACT section to
                                                                                                                 infrastructure SIP submission, provided
                                                  Standards                                                      to EPA on November 17, 2011, because                               schedule your inspection. The Regional
                                                                                                                 it addresses the required infrastructure                           Office’s official hours of business are
                                                  AGENCY:  Environmental Protection                                                                                                 Monday through Friday, 8:30 a.m. to
                                                  Agency (EPA).                                                  elements for the 2008 Lead NAAQS.
                                                                                                                 DATES: This rule will be effective April
                                                                                                                                                                                    4:30 p.m. excluding Federal holidays.
                                                  ACTION: Final rule.
                                                                                                                 29, 2015.                                                          FOR FURTHER INFORMATION CONTACT:   Zuri
                                                  SUMMARY:   The Environmental Protection                        ADDRESSES: EPA has established a                                   Farngalo, Air Regulatory Management
                                                  Agency (EPA) is taking final action to                         docket for this action under Docket                                Section, Air Planning and
                                                  approve in part and disapprove in part                         Identification No. EPA–R04–OAR–                                    Implementation Branch, Air, Pesticides
                                                  the November 17, 2011, State                                   2013–0270. All documents in the docket                             and Toxics Management Division, U.S.
                                                  Implementation Plan (SIP) submission,                          are listed on the www.regulations.gov                              Environmental Protection Agency,
                                                  provided by the Mississippi Department                         Web site. Although listed in the index,                            Region 4, 61 Forsyth Street SW.,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  of Environmental Quality (MDEQ) for                            some information is not publicly                                   Atlanta, Georgia 30303–8960. The
                                                  inclusion into the Mississippi SIP. This                       available, i.e., Confidential Business                             telephone number is (404) 562–9152.
                                                  final action pertains to the Clean Air Act                     Information or other information whose                             Mr. Farngalo can be reached via
                                                  (CAA or the Act) infrastructure                                disclosure is restricted by statute.                               electronic mail at farngalo.zuri@
                                                  requirements for the 2008 Lead national                        Certain other material, such as                                    epa.gov.
                                                  ambient air quality standards (NAAQS).                         copyrighted material, is not placed on
                                                  The CAA requires that each state adopt                         the Internet and will be publicly                                  SUPPLEMENTARY INFORMATION:
                                                  and submit a SIP for the                                       available only in hard copy form.


                                             VerDate Sep<11>2014      22:39 Mar 27, 2015       Jkt 235001   PO 00000      Frm 00020   Fmt 4700    Sfmt 4700     E:\FR\FM\30MRR1.SGM            30MRR1


                                                                     Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations                                            16567

                                                  I. Background                                              • 110(a)(2)(A): Emission limits and                 requirements in sections 110(a)(2)(C),
                                                     Upon promulgation of a new or                        other control measures.                                prong 3 of D(i) and (J) and the majority
                                                  revised NAAQS, sections 110(a)(1) and                      • 110(a)(2)(B): Ambient air quality                 requirements respecting significant
                                                  (2) of the CAA require states to address                monitoring/data system.                                portion of income for state boards of
                                                                                                             • 110(a)(2)(C): Program for                         section 110(a)(2)(E)(ii), EPA is taking
                                                  basic SIP requirements, including
                                                                                                          enforcement, prevention of significant                 final action to approve Mississippi’s
                                                  emissions inventories, monitoring, and
                                                                                                          deterioration (PSD) and new source                     November 17, 2011, infrastructure
                                                  modeling to assure attainment and                       review (NSR).2
                                                  maintenance for that new NAAQS.                                                                                submission because it addresses the
                                                                                                             • 110(a)(2)(D): Interstate and                      required infrastructure elements for the
                                                  Section 110(a) of the CAA generally                     international transport provisions.
                                                  requires states to make a SIP submission                                                                       2008 Lead NAAQS. EPA is disapproving
                                                                                                             • 110(a)(2)(E): Adequate personnel,                 in part section 110(a)(2)(E)(ii) because a
                                                  to meet applicable requirements in                      funding, and authority.                                majority of board members that approve
                                                  order to provide for the implementation,                   • 110(a)(2)(F): Stationary source
                                                  maintenance, and enforcement of a new                                                                          permits or enforcement orders in
                                                                                                          monitoring and reporting.
                                                  or revised NAAQS within three years                        • 110(a)(2)(G): Emergency episodes.                 Mississippi may still derive a significant
                                                  following the promulgation of such                         • 110(a)(2)(H): Future SIP revisions.               portion of income from persons subject
                                                  NAAQS, or within such shorter period                       • 110(a)(2)(J): Consultation with                   to permits or enforcement orders issued
                                                  as EPA may prescribe. These SIP                         government officials, public                           by such Mississippi Boards, therefore,
                                                  submissions are commonly referred to                    notification, and PSD and visibility                   its current SIP does not meet the section
                                                  as ‘‘infrastructure’’ SIP submissions.                  protection.                                            128(a)(1) majority requirements
                                                  Section 110(a) imposes the obligation                      • 110(a)(2)(K): Air quality modeling/               respecting significant portion of income.
                                                  upon states to make an infrastructure                   data.                                                  With the exceptions noted above MDEQ
                                                  SIP submission to EPA for a new or                         • 110(a)(2)(L): Permitting fees.                    has addressed the elements of the CAA
                                                  revised NAAQS, but the contents of that                    • 110(a)(2)(M): Consultation/                       110(a)(1) and (2) SIP requirements
                                                  submission may vary depending upon                      participation by affected local entities.              pursuant to section 110 of the CAA to
                                                  the facts and circumstances. In                            On November 18, 2014, EPA proposed                  ensure that the 2008 Lead NAAQS is
                                                  particular, the data and analytical tools               to approve Mississippi’s November 17,                  implemented, enforced, and maintained
                                                                                                          2011, 2008 Lead NAAQS infrastructure                   in Mississippi.
                                                  available at the time the state develops
                                                                                                          SIP submission with the exception of
                                                  and submits the infrastructure SIP for a                                                                       IV. Statutory and Executive Order
                                                                                                          provisions pertaining to PSD permitting
                                                  new or revised NAAQS affect the                                                                                Reviews
                                                                                                          in sections 110(a)(2)(C), prong 3 of D(i)
                                                  content of the submission. The contents
                                                                                                          and (J) and the majority requirements                     Under the CAA, the Administrator is
                                                  of such infrastructure SIP submissions
                                                                                                          respecting significant portion of income               required to approve a SIP submission
                                                  may also vary depending upon what
                                                                                                          for state boards of section                            that complies with the provisions of the
                                                  provisions the state’s existing SIP
                                                                                                          110(a)(2)(E)(ii). EPA proposed                         Act and applicable Federal regulations.
                                                  already contains. In the case of the 2008
                                                                                                          disapproval of the majority                            42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                  Lead NAAQS, states typically have met
                                                                                                          requirements respecting significant                    Thus, in reviewing SIP submissions,
                                                  the basic program elements required in                  portion of income for state boards of
                                                  section 110(a)(2) through earlier SIP                                                                          EPA’s role is to approve state choices,
                                                                                                          section 110(a)(2)(E)(ii). EPA will address             provided that they meet the criteria of
                                                  submissions in connection with                          the PSD permitting requirements in
                                                  previous lead NAAQS.                                                                                           the CAA. Accordingly, this action
                                                                                                          sections 110(a)(2)(C), prong 3 of D(i) and             merely approves state law as meeting
                                                     More specifically, section 110(a)(1)
                                                                                                          (J) in a separate action. See 79 FR 68648.             Federal requirements and does not
                                                  provides the procedural and timing
                                                  requirements for SIPs. Section 110(a)(2)                II. Today’s Action                                     impose additional requirements beyond
                                                  lists specific elements that states must                                                                       those imposed by state law. For that
                                                                                                             In this rulemaking, EPA is taking final             reason, this action:
                                                  meet for infrastructure SIP requirements                action to approve Mississippi’s
                                                  related to a newly established or revised                                                                         • Is not a significant regulatory action
                                                                                                          infrastructure submission as
                                                  NAAQS. As mentioned above, these                                                                               subject to review by the Office of
                                                                                                          demonstrating that the State meets the
                                                  requirements include basic structural                                                                          Management and Budget under
                                                                                                          applicable requirements of sections
                                                  SIP elements such as modeling,                                                                                 Executive Orders 12866 (58 FR 51735,
                                                                                                          110(a)(1) and (2) of the CAA for the
                                                  monitoring, and emissions inventories                                                                          October 4, 1993) and 13563 (76 FR 3821,
                                                                                                          2008 Lead NAAQS, with the exception
                                                  that are designed to assure attainment                                                                         January 21, 2011);
                                                                                                          of PSD permitting provisions in sections
                                                  and maintenance of the NAAQS. The                       110(a)(2)(C), prong 3 of D(i) and (J). EPA                • Does not impose an information
                                                  applicable infrastructure SIP                           will be taking action on these elements                collection burden under the provisions
                                                  requirements that are the subject of this               in a separate action. Additionally, EPA                of the Paperwork Reduction Act (44
                                                  rulemaking are listed below.1                           is disapproving Mississippi’s                          U.S.C. 3501 et seq.);
                                                                                                          infrastructure submission with regard to                  • Is certified as not having a
                                                    1 Two elements identified in section 110(a)(2) are
                                                                                                          the majority requirements respecting                   significant economic impact on a
                                                  not governed by the three year submission deadline
                                                                                                          significant portion of income for state                substantial number of small entities
                                                  of section 110(a)(1) because SIPs incorporating                                                                under the Regulatory Flexibility Act (5
                                                  necessary local nonattainment area controls are not     boards in section 110(a)(2)(E)(ii).
                                                  due within three years after promulgation of a new                                                             U.S.C. 601 et seq.);
                                                  or revised NAAQS, but rather due at the time the        III. Final Action                                         • Does not contain any unfunded
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                                                  nonattainment area plan requirements are due               With the exception of provisions                    mandate or significantly or uniquely
                                                  pursuant to other provisions of the CAA for
                                                  submission of SIP revisions specifically applicable
                                                                                                          pertaining to PSD permitting                           affect small governments, as described
                                                  for attainment planning purposes. These                                                                        in the Unfunded Mandates Reform Act
                                                  requirements are: (1) Submissions required by           Title I of the CAA. Today’s proposed rulemaking        of 1995 (Pub. L. 104–4);
                                                  section 110(a)(2)(C) to the extent that subsection      does not address infrastructure elements related to       • Does not have Federalism
                                                  refers to a permit program as required in part D        section 110(a)(2)(I) or the nonattainment planning
                                                  Title I of the CAA; and (2) submissions required by     requirements of 110(a)(2)(C).                          implications as specified in Executive
                                                  section 110(a)(2)(I) which pertain to the                 2 This rulemaking only addresses requirements        Order 13132 (64 FR 43255, August 10,
                                                  nonattainment planning requirements of part D,          for this element as they relate to attainment areas.   1999);


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                                                  16568              Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations

                                                     • Is not an economically significant                 Business Regulatory Enforcement                         List of Subjects in 40 CFR Part 52
                                                  regulatory action based on health or                    Fairness Act of 1996, generally provides
                                                  safety risks subject to Executive Order                 that before a rule may take effect, the                   Environmental protection, Air
                                                  13045 (62 FR 19885, April 23, 1997);                    agency promulgating the rule must                       pollution control, Incorporation by
                                                     • Is not a significant regulatory action             submit a rule report, which includes a                  reference, Intergovernmental relations
                                                  subject to Executive Order 13211 (66 FR                 copy of the rule, to each House of the                  Lead, Reporting and recordkeeping
                                                  28355, May 22, 2001);                                   Congress and to the Comptroller General                 requirements, Volatile organic
                                                     • Is not subject to requirements of                  of the United States. EPA will submit a                 compounds.
                                                  Section 12(d) of the National                           report containing this action and other                   Dated: March 11, 2015.
                                                  Technology Transfer and Advancement                     required information to the U.S. Senate,                Heather McTeer Toney,
                                                  Act of 1995 (15 U.S.C. 272 note) because                the U.S. House of Representatives, and                  Regional Administrator, Region 4.
                                                  application of those requirements would                 the Comptroller General of the United
                                                  be inconsistent with the Clean Air Act;                 States prior to publication of the rule in                  40 CFR part 52 is amended as follows:
                                                  and                                                     the Federal Register. A major rule
                                                     • Does not provide EPA with the                      cannot take effect until 60 days after it               PART 52—APPROVAL AND
                                                  discretionary authority to address, as                  is published in the Federal Register.                   PROMULGATION OF
                                                  appropriate, disproportionate human                     This action is not a ‘‘major rule’’ as                  IMPLEMENTATION PLANS
                                                  health or environmental effects, using                  defined by 5 U.S.C. 804(2).
                                                  practicable and legally permissible                        Under section 307(b)(1) of the CAA,                  ■ 1. The authority citation for part 52
                                                  methods, under Executive Order 12898                    petitions for judicial review of this                   continues to read as follows:
                                                  (59 FR 7629, February 16, 1994).                        action must be filed in the United States                   Authority: 42 U.S.C. 7401 et seq.
                                                     In addition, the SIP is not approved                 Court of Appeals for the appropriate
                                                  to apply on any Indian reservation land                 circuit by May 29, 2015. Filing a                       Subpart Z—Mississippi
                                                  or in any other area where EPA or an                    petition for reconsideration by the
                                                  Indian tribe has demonstrated that a                    Administrator of this final rule does not               ■ 2. Section 52.1270(e) is amended by
                                                  tribe has jurisdiction. In those areas of               affect the finality of this action for the              adding a new entry ‘‘110(a)(1) and (2)
                                                  Indian country, the rule does not have                  purposes of judicial review nor does it                 Infrastructure Requirements for the 2008
                                                  tribal implications and will not impose                 extend the time within which a petition                 Lead National Ambient Air Quality
                                                  substantial direct costs on tribal                      for judicial review may be filed, and                   Standards’’ at the end of the table to
                                                  governments or preempt tribal law as                    shall not postpone the effectiveness of                 read as follows:
                                                  specified by Executive Order 13175 (65                  such rule or action. This action may not
                                                                                                                                                                  § 52.1270    Identification of plan.
                                                  FR 67249, November 9, 2000).                            be challenged later in proceedings to
                                                     The Congressional Review Act, 5                      enforce its requirements. See section                   *       *    *      *     *
                                                  U.S.C. 801 et seq., as added by the Small               307(b)(2).                                                  (e) * * *

                                                                                            EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
                                                                                                        Applicable      State submittal
                                                                                                      geographic or
                                                      Name of nonregulatory SIP provision                                date/effective      EPA approval date                         Explanation
                                                                                                      nonattainment          date
                                                                                                          area


                                                           *                     *                          *                      *                        *                      *                   *
                                                  110(a)(1) and (2) Infrastructure Require-             11/4/2011            3/30/15        [Insert citation of         With the exception of provisions per-
                                                    ments for the 2008 Lead National Ambi-                                                     publication].             taining to PSD permitting requirements
                                                    ent      Air      Quality      Standards                                                                             in sections 110(a)(2)(C), prong 3 of D(i)
                                                    110(a)(2)(E)(ii) Infrastructure Require-                                                                             and (J) and the majority of require-
                                                    ment for 2008 Lead National Ambient                                                                                  ments respecting significant portion of
                                                    Air Quality Standards.                                                                                               income of section 110(a)(2)(E)(ii) (re-
                                                                                                                                                                         lated to section 128(a)(2)).



                                                  ■ 3. Section 52.1272 is amended by                      significant portion of income from                      ENVIRONMENTAL PROTECTION
                                                  adding paragraph (c) to read as follows:                persons subject to permits or                           AGENCY
                                                                                                          enforcement orders issued by the
                                                  § 52.1272   Approval status.                                                                                    40 CFR Part 52
                                                                                                          Mississippi Boards, the Mississippi SIP
                                                  *     *     *     *     *                               does not meet the section 128(a)(1)                     [EPA–R03–OAR–2015–0636; FRL–9922–77–
                                                    (c) Disapproval. With respect to the                  majority requirements respecting                        Region 3]
                                                  significant portion of income                           significant portion of income, and as
                                                  requirement of section 128(a)(1), the                   such, EPA is today proposing to                         Approval and Promulgation of Air
                                                  provisions included in the October 11,                  disapprove the State’s 110(a)(2)(E)(ii)                 Quality Implementation Plans;
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                                                  2012, infrastructure SIP submission did                 submission as it relates only to this                   Pennsylvania; Revision to Allegheny
                                                  not preclude at least a majority of the                 portion of section 128(a)(1).                           County Rules; Preconstruction Permit
                                                  members of the Mississippi Board from                                                                           Requirements—Nonattainment; New
                                                                                                          [FR Doc. 2015–06765 Filed 3–27–15; 8:45 am]
                                                  receiving a significant portion of their                                                                        Source Review
                                                                                                          BILLING CODE 6560–50–P
                                                  income from persons subject to permits                                                                          AGENCY:  Environmental Protection
                                                  or enforcement orders issued by the                                                                             Agency.
                                                  Mississippi Boards. Because a majority
                                                                                                                                                                  ACTION: Final rule.
                                                  of board members may still derive a


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Document Created: 2015-12-18 11:33:07
Document Modified: 2015-12-18 11:33:07
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 29, 2015.
ContactZuri Farngalo, 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) 562-9152. Mr. Farngalo can be reached via electronic mail at [email protected]
FR Citation80 FR 16566 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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