80 FR 57730 - Approval and Promulgation of Implementation Plans; Mississippi: Miscellaneous Changes
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 186 (September 25, 2015)
Federal Register Volume 80, Issue 186 (September 25, 2015)
| Page Range | 57730-57732 | |
| FR Document | 2015-24324 |
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)] [Rules and Regulations] [Pages 57730-57732] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24324] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2013-0163; FRL-9934-73-Region 4] Approval and Promulgation of Implementation Plans; Mississippi: Miscellaneous Changes AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of a State Implementation Plan (SIP) revision submitted by the Mississippi Department of Environmental Quality (MDEQ), to EPA on July 25, 2010. The SIP revision includes multiple changes to Mississippi's SIP to add definitions in accordance with federal regulations and to implement clarifying language. DATES: This rule will be effective October 26, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2013-0163. 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, 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. 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: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On June 25, 2010, MDEQ submitted a SIP revision to EPA for approval into the Mississippi SIP.\1\ This SIP revision includes multiple changes to Mississippi's air pollution control regulation APC-S-1, entitled ``Air [[Page 57731]] Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants,'' to add and amend definitions in accordance with federal regulations and to implement clarifying language. Specifically, these changes include amendments to Section 2--``Definitions'' and Section 3--``Specific Criteria for Sources of Particulate Matter.'' --------------------------------------------------------------------------- \1\ On May 5, 2015, Mississippi withdrew the portion of this SIP revision that modified APC-S-1, Section 14 related to Mississippi's Clean Air Interstate Rule provisions. A copy of the letter withdrawing this portion of Mississippi's submission is in the docket for today's rulemaking. Regarding the changes to APC-S-1, Section 8 related to hazardous air pollutants, EPA is not acting on the revisions related to the vacated Clean Air Mercury Rule in Paragraph 4. As noted in the SIP revision narrative, the change to Section 8, Paragraph 1 regarding the National Emission Standards for Hazardous Air Pollutants and the change to Section 6, Paragraph 1 regarding the New Source Performance Standards are included in the same state rulemaking package as the changes identified above but are not part of the SIP revision. --------------------------------------------------------------------------- In a notice of proposed rulemaking (NPR) published on July 20, 2015, EPA proposed to approve the portions of Mississippi's June 25, 2010, SIP revision that modify Sections 2 and 3 of APC-S-1. See 80 FR 42774. The details of Mississippi's submittal and the rationale for EPA's actions are explained in the NPR. Comments on the proposed rulemaking were due on or before August 19, 2015. No adverse comments were received. II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporate by reference of certain changes to Mississippi's air pollution control regulation APC-S-1, entitled ``Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants.'' Specifically, these changes include the amendments to Section 2--``Definitions'' and Section 3--``Specific Criteria for Sources of Particulate Matter'' which were State effective on February 9, 2009. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 4 office (see the ADDRESSES section of this preamble for more information). III. Final Action EPA is approving the portions of Mississippi's July 25, 2010, SIP submission revising Sections 2 and 3 of Rule APC-S-1 to add and amend definitions in accordance with federal regulations and to implement clarifying language. EPA has preliminarily determined that these changes to the Mississippi SIP are in accordance with the Clean Air Act (CAA or Act) and EPA policy and regulations. 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this 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); 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 November 24, 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, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 16, 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(c), is amended under APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants by revising the entries for ``Section 2'' and ``Section 3'' to read as follows: Sec. 52.1270 Identification of plan. * * * * * (c) * * * [[Page 57732]] EPA-Approved Mississippi Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/Subject effective date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section 2...................... Definitions............ 2/9/2009 9/25/2015 [Insert ................... citation of publication]. Section 3...................... Specific Criteria for 2/9/2009 9/25/2015 [Insert ................... Sources of Particulate citation of Matter. publication]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-24324 Filed 9-24-15; 8:45 am] BILLING CODE 6560-50-P
![57730 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
• Is certified as not having a significant action must be filed in the United States DATES: This rule will be effective
economic impact on a substantial Court of Appeals for the appropriate October 26, 2015.
number of small entities under the circuit by November 24, 2015. Filing a ADDRESSES: EPA has established a
Regulatory Flexibility Act (5 U.S.C. petition for reconsideration by the docket for this action under Docket
601 et seq.); Administrator of this final rule does not Identification No. EPA–R04–OAR–
• Does not contain any unfunded affect the finality of this action for the 2013–0163. All documents in the docket
mandate or significantly or uniquely purposes of judicial review nor does it are listed on the www.regulations.gov
affect small governments, as described extend the time within which a petition Web site. Although listed in the index,
in the Unfunded Mandates Reform for judicial review may be filed, and some information is not publicly
Act of 1995 (Pub. L. 104–4); shall not postpone the effectiveness of available, i.e., Confidential Business
• Does not have Federalism such rule or action. This action may not Information or other information whose
implications as specified in Executive be challenged later in proceedings to disclosure is restricted by statute.
Order 13132 (64 FR 43255, August 10, enforce its requirements. See section Certain other material, such as
1999); 307(b)(2). copyrighted material, is not placed on
• Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52 the Internet and will be publicly
safety risks subject to Executive Order available only in hard copy form.
Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); Publicly available docket materials are
pollution control, Incorporation by
• Is not a significant regulatory action available either electronically through
reference, Ozone, Reporting and
subject to Executive Order 13211 (66 www.regulations.gov or in hard copy at
recordkeeping requirements, Volatile
FR 28355, May 22, 2001); the Air Regulatory Management Section,
organic compounds.
• Is not subject to requirements of Air Planning and Implementation
Authority: 42 U.S.C. 7401 et seq. Branch, Air, Pesticides and Toxics
Section 12(d) of the National
Technology Transfer and Dated: September 10, 2015. Management Division, U.S.
Advancement Act of 1995 (15 U.S.C. Heather McTeer Toney, Environmental Protection Agency,
272 note) because application of those Regional Administrator, Region 4. Region 4, 61 Forsyth Street SW.,
requirements would be inconsistent Atlanta, Georgia 30303–8960. EPA
40 CFR part 52 is amended as follows: requests that if at all possible, you
with the CAA; and
• Does not provide EPA with the PART 52—APPROVAL AND contact the person listed in the FOR
discretionary authority to address, as PROMULGATION OF FURTHER INFORMATION CONTACT section to
appropriate, disproportionate human IMPLEMENTATION PLANS schedule your inspection. The Regional
health or environmental effects, using Office’s official hours of business are
practicable and legally permissible ■ 1. The authority citation for part 52 Monday through Friday 8:30 a.m. to
methods, under Executive Order continues to read as follows: 4:30 p.m., excluding Federal holidays.
12898 (59 FR 7629, February 16, Authority: 42 U.S.C. 7401 et seq. FOR FURTHER INFORMATION CONTACT:
1994). Sean Lakeman, Air Regulatory
In addition, the SIP is not approved Subpart L—Georgia Management Section, Air Planning and
to apply on any Indian reservation land Implementation Branch, Air, Pesticides
or in any other area where EPA or an ■ 2. In § 52.570, the table in paragraph and Toxics Management Division, U.S.
Indian tribe has demonstrated that a (c) is amended by removing the entry for Environmental Protection Agency,
tribe has jurisdiction. In those areas of ‘‘391–3–1–.02(2)(zz).’’ Region 4, 61 Forsyth Street SW.,
Indian country, the rule does not have [FR Doc. 2015–24186 Filed 9–24–15; 8:45 am] Atlanta, Georgia 30303–8960. Mr.
tribal implications as specified by BILLING CODE 6560–50–P Lakeman can be reached by phone at
Executive Order 13175 (65 FR 67249, (404) 562–9043 or via electronic mail at
November 9, 2000), nor will it impose lakeman.sean@epa.gov.
substantial direct costs on tribal ENVIRONMENTAL PROTECTION
SUPPLEMENTARY INFORMATION:
governments or preempt tribal law. AGENCY
The Congressional Review Act, 5 I. Background
40 CFR Part 52
U.S.C. 801 et seq., as added by the Small On June 25, 2010, MDEQ submitted a
Business Regulatory Enforcement [EPA–R04–OAR–2013–0163; FRL–9934–73– SIP revision to EPA for approval into
Fairness Act of 1996, generally provides Region 4] the Mississippi SIP.1 This SIP revision
that before a rule may take effect, the includes multiple changes to
agency promulgating the rule must Approval and Promulgation of
Implementation Plans; Mississippi: Mississippi’s air pollution control
submit a rule report, which includes a regulation APC–S–1, entitled ‘‘Air
copy of the rule, to each House of the Miscellaneous Changes
Congress and to the Comptroller General AGENCY: Environmental Protection 1 On May 5, 2015, Mississippi withdrew the
of the United States. EPA will submit a Agency (EPA). portion of this SIP revision that modified APC–S–
report containing this action and other 1, Section 14 related to Mississippi’s Clean Air
ACTION: Final rule. Interstate Rule provisions. A copy of the letter
required information to the U.S. Senate, withdrawing this portion of Mississippi’s
the U.S. House of Representatives, and SUMMARY: The Environmental Protection submission is in the docket for today’s rulemaking.
the Comptroller General of the United Agency (EPA) is approving portions of Regarding the changes to APC–S–1, Section 8
States prior to publication of the rule in a State Implementation Plan (SIP) related to hazardous air pollutants, EPA is not
mstockstill on DSK4VPTVN1PROD with RULES
acting on the revisions related to the vacated Clean
the Federal Register. A major rule revision submitted by the Mississippi Air Mercury Rule in Paragraph 4. As noted in the
cannot take effect until 60 days after it Department of Environmental Quality SIP revision narrative, the change to Section 8,
is published in the Federal Register. (MDEQ), to EPA on July 25, 2010. The Paragraph 1 regarding the National Emission
This action is not a ‘‘major rule’’ as SIP revision includes multiple changes Standards for Hazardous Air Pollutants and the
change to Section 6, Paragraph 1 regarding the New
defined by 5 U.S.C. 804(2). to Mississippi’s SIP to add definitions in Source Performance Standards are included in the
Under section 307(b)(1) of the CAA, accordance with federal regulations and same state rulemaking package as the changes
petitions for judicial review of this to implement clarifying language. identified above but are not part of the SIP revision.
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![57732 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS
State effective
State citation Title/Subject EPA Approval date Explanation
date
APC–S–1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
* * * * * * *
Section 2 ........................... Definitions ................................................................... 2/9/2009 9/25/2015 [Insert citation
of publication].
Section 3 ........................... Specific Criteria for Sources of Particulate Matter ..... 2/9/2009 9/25/2015 [Insert citation
of publication].
* * * * * * *
* * * * * 1. www.regulations.gov. Follow the Docket: All documents in the docket
[FR Doc. 2015–24324 Filed 9–24–15; 8:45 am] on-line instructions for submitting are listed in the www.regulations.gov
BILLING CODE 6560–50–P comments. index. Although listed in the index,
2. Email: Bhesania.amy@epa.gov. some information is not publicly
available, i.e., CBI or other information
ENVIRONMENTAL PROTECTION 3. Mail or Hand Delivery: Amy
whose disclosure is restricted by statute.
AGENCY Bhesania, Environmental Protection
Certain other material, such as
Agency, Air Planning and Development
copyrighted material, will be publicly
40 CFR Part 62 Branch, 11201 Renner Boulevard,
available only in hard copy form.
Lenexa, Kansas 66219.
Publicly available docket materials are
[EPA–R07–OAR–2015–0427; FRL–9934–68– Instructions: Direct your comments to available either electronically in
Region 7] Docket ID No. EPA–R07–OAR–205– www.regulations.gov or in hard copy at
0427. EPA’s policy is that all comments the Environmental Protection Agency,
Approval and Promulgation of State received will be included in the public Air Planning and Development Branch,
Plans for Designated Facilities and docket without change and may be 11201 Renner Boulevard, Lenexa,
Pollutants; Missouri; Control of made available online at Kansas 66219. The Regional Office’s
Mercury Emissions From Electric www.regulations.gov, including any official hours of business are Monday
Generating Units personal information provided, unless through Friday, 8:00 a.m. to 4:30 p.m.,
the comment includes information excluding legal holidays. The interested
AGENCY: Environmental Protection claimed to be Confidential Business
Agency (EPA). persons wanting to examine these
Information (CBI) or other information documents should make an
ACTION: Direct final rule. whose disclosure is restricted by statute. appointment with the office at least 24
Do not submit through hours in advance.
SUMMARY: The Environmental Protection
www.regulations.gov or email FOR FURTHER INFORMATION CONTACT:
Agency (EPA) is taking direct final
information that you consider to be CBI Amy Bhesania, Environmental
action to approve a revision to the
or otherwise protected. The Protection Agency, Air Planning and
Missouri State Plan received May 7,
www.regulations.gov Web site is an Development Branch, 11201 Renner
2013. This revision rescinds the state
‘‘anonymous access’’ system, which Boulevard, Lenexa, Kansas 66219 at
rule and associated state plan
means EPA will not know your identity (913) 551–7147, or by email at
controlling mercury emissions from
or contact information unless you bhesania.amy@epa.gov.
electric generating units. This rule is
provide it in the body of your comment. SUPPLEMENTARY INFORMATION:
being rescinded because the Federal
If you send an email comment directly Throughout this document ‘‘we,’’ ‘‘us,’’
Clean Air Mercury Rule, which is the
to EPA without going through or ‘‘our’’ refer to EPA. This section
basis for this rule and associated plan,
www.regulations.gov, your email provides additional information by
has been vacated and removed from the
address will be automatically captured addressing the following:
Code of Federal Regulations. This action
and included as part of the comment
will make Missouri’s State Plan I. What is being addressed in this document?
that is placed in the public docket and
consistent with Federal regulations. II. Have the requirements for approval of a
made available on the Internet. If you Section 111(d) plan revision been met?
DATES: This direct final rule will be submit an electronic comment, EPA III. What action is EPA taking?
effective November 24, 2015, without recommends that you include your
further notice, unless EPA receives name and other contact information in I. What is being addressed in this
adverse comment by October 26, 2015. the body of your comment and with any document?
If EPA receives adverse comment, we disk or CD–ROM you submit. If EPA EPA is taking direct final action to
will publish a timely withdrawal of the cannot read your comment due to approve a revision to the Missouri State
mstockstill on DSK4VPTVN1PROD with RULES
direct final rule in the Federal Register technical difficulties and cannot contact Plan received May 7, 2013. This
informing the public that the rule will you for clarification, EPA may not be revision rescinds Missouri state rule 10
not take effect. able to consider your comment. CSR 10–6.368, Control of Mercury
ADDRESSES: Submit your comments, Electronic files should avoid the use of Emissions from Electric Generating
identified by Docket ID No. EPA–R07– special characters, any form of Units, and associated state plan. The
OAR–2015–0427, by one of the encryption, and be free of any defects or state rule and plan was originally
following methods: viruses. incorporated into the Missouri State
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Document Created: 2018-02-26 10:20:07
Document Modified: 2018-02-26 10:20:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 26, 2015. | |
| Contact | Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 57730 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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