81_FR_1327 81 FR 1320 - Approval and Promulgation of Implementation Plans; Mississippi; Memphis, TN-MS-AR Emissions Statements for the 2008 8-Hour Ozone Standard

81 FR 1320 - Approval and Promulgation of Implementation Plans; Mississippi; Memphis, TN-MS-AR Emissions Statements for the 2008 8-Hour Ozone Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 7 (January 12, 2016)

Page Range1320-1322
FR Document2016-00086

The Environmental Protection Agency (EPA) is taking final action to approve the state implementation plan (SIP) revision submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ) on August 28, 2015, to address the emissions statement requirements for the State's portion of the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8- hour ozone national ambient air quality standards (NAAQS) nonattainment area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or ``Area''). Annual emissions reporting (i.e., emission statements) is required for all ozone nonattainment areas. The Area is comprised of Shelby County in Tennessee, Crittenden County in Arkansas, and a portion of DeSoto County in Mississippi. In this action, EPA is taking final action to approve the emissions statement requirements for DeSoto County in Mississippi portion of the Area.

Federal Register, Volume 81 Issue 7 (Tuesday, January 12, 2016)
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Rules and Regulations]
[Pages 1320-1322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00086]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0247; FRL-9940-87-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi; 
Memphis, TN-MS-AR Emissions Statements for the 2008 8-Hour Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the state implementation plan (SIP) revision 
submitted by the State of Mississippi, through the Mississippi 
Department of Environmental Quality (MDEQ) on August 28, 2015, to 
address the emissions statement requirements for the State's portion of 
the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-
hour ozone national ambient air quality standards (NAAQS) nonattainment 
area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or 
``Area''). Annual emissions reporting (i.e., emission statements) is 
required for all ozone nonattainment areas. The Area is comprised of 
Shelby County in Tennessee, Crittenden County in Arkansas, and a 
portion of DeSoto County in Mississippi. In this action, EPA is taking 
final action to approve the emissions statement requirements for DeSoto 
County in Mississippi portion of the Area.

DATES: This final rule is effective February 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0247. 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: Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 28, 2015, MDEQ submitted a SIP revision to EPA that seeks 
to add 11 Mississippi Administrative Code (MAC), Part 2, Chapter 11, 
``Regulations for Ambient Air Quality Non-Attainment Areas,'' \1\ into 
the Mississippi SIP to meet the emissions statements requirement of CAA 
section 182(a)(3)(B).\2\ This chapter of the MAC contains Rule 11.1--
General, which states the purpose of the regulation; Rule 11.2--
Definitions, which defines Commission, Department, NAAQS, Nonattainment 
Area, and Emissions Statement; and Rule--11.3 Emissions Statement, 
which: (1) Applies to all stationary sources of NOX 
[nitrogen oxides] or VOCs [volatile organic compounds] which have the 
potential to emit 25 tons or more of either pollutant per calendar year 
and are located in areas designated as nonattainment for the 2008 ozone 
NAAQS; (2) requires owners and operators of those stationary sources of 
NOX and VOC to provide a statement showing the actual 
emissions of NOX and VOCs from that source; and (3) requires 
that emissions statements be submitted to MDEQ by July 1 of every year, 
showing actual emissions of the previous calendar year and containing a 
certification that the information contained in the statement is 
accurate to the best knowledge of the individual certifying the 
statement. EPA has determined that these regulations meet all of the 
requirements of the Clean Air Act (CAA or Act) section 182(a)(3)(B) for 
the Mississippi portion of the Area because they cover the portion of 
DeSoto County within the Area and satisfy the applicability, 
certification, and other emissions statements criteria contained 
therein.
---------------------------------------------------------------------------

    \1\ These regulations conform to the new nomenclature for 
Mississippi's state regulations pursuant to the State's recently 
amended Administrative Procedures Act. Mississippi has not provided 
EPA with a SIP revision to renumber the state regulations currently 
incorporated into the SIP.
    \2\ Section 182(a)(3)(B) of the CAA requires each state with 
ozone nonattainment areas to submit a SIP revision requiring annual 
emissions statements to be submitted to the state by the owner or 
operator of each NOX or VOC stationary source located 
within a nonattainment area showing the actual emissions of 
NOX and VOC from that source. The first statement is due 
three years from the area's nonattainment designation, and 
subsequent statements are due at least annually thereafter.
---------------------------------------------------------------------------

    In a notice of proposed rulemaking published on August 10, 2015, 
EPA proposed to approve Mississippi's June 1, 2015, draft SIP revision 
submitted for parallel processing that sought to add new Rules 11.1, 
11.2, and 11.3 from Title 11 of the Mississippi Administrative Code, 
Part 2, Chapter 11 into the SIP. See 80 FR 47883. The details of 
Mississippi's submittal and the rationale for EPA's actions are 
explained in the Proposed Rule. Comments on the proposed rulemaking 
were due on or before September 9, 2015. No adverse comments were 
received. On August 28, 2015, Mississippi submitted a final SIP 
revision that did not contain any substantive changes from the draft 
version submitted on June 1, 2015. EPA is now taking final action to 
approve the

[[Page 1321]]

August 28, 2015 SIP revision as meeting the requirements of section 
182(a)(3)(B) of the CAA.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporate by reference of Title 11 of 
the MAC, Part 2, Chapter 11 entitled ``Regulations for Ambient Air 
Quality Nonattainment Areas,'' which adds a new Rule 11.1--General that 
states the purposes of the Chapter, a new Rule 11.2--Definitions, and a 
new Rule 11.3--Emissions Statement covering applicability, which were 
effective September 26, 2015. EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the Region 4 office (see the 
ADDRESSES section of this preamble for more information).

III. Final Action

    EPA is approving the SIP revision submitted by Mississippi on 
August 28, 2015, to incorporate 11 MAC, Part 2, Chapter 11, 
``Regulations for Ambient Air Quality Nonattainment Areas,'' into its 
SIP to meet the section 182(a)(3)(B) emissions statements requirement 
for the Mississippi portion of the Memphis, TN-MS-AR Area. EPA has 
concluded that the State's submission meets the requirements of the 
CAA.

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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.
    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 March 14, 2016. 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 21, 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 by adding undesignated heading ``11-
MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas'' 
and entries ``Rule 11.1'', ``Rule 11.2'', and ``Rule 11.3'' at the end 
of the table to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

[[Page 1322]]



                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation               Title/subject       effective date  EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    11-MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Rule 11.1......................  General................       9/26/2015  1/12/2016 [Insert  ...................
                                                                           citation of
                                                                           publication].
Rule 11.2......................  Definitions............       9/26/2015  1/12/2016 Insert   ...................
                                                                           citation of
                                                                           publication].
Rule 11.3......................  Emissions Statement....       9/26/2015  1/12/2016 [Insert  ...................
                                                                           citation of
                                                                           publication].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-00086 Filed 1-11-16; 8:45 am]
BILLING CODE 6560-50-P



                                            1320               Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations

                                            and Treasury-designated debt collection                 comprised of Shelby County in                          Mississippi SIP to meet the emissions
                                            centers to collect debts transferred                    Tennessee, Crittenden County in                        statements requirement of CAA section
                                            under this section. Thus, by transferring               Arkansas, and a portion of DeSoto                      182(a)(3)(B).2 This chapter of the MAC
                                            debt to Fiscal Service or to a Treasury-                County in Mississippi. In this action,                 contains Rule 11.1—General, which
                                            designated debt collection center under                 EPA is taking final action to approve the              states the purpose of the regulation;
                                            this section, Federal agencies will                     emissions statement requirements for                   Rule 11.2—Definitions, which defines
                                            satisfy the requirement to notify the                   DeSoto County in Mississippi portion of                Commission, Department, NAAQS,
                                            Secretary of debts for purposes of                      the Area.                                              Nonattainment Area, and Emissions
                                            administrative offset and duplicate                     DATES: This final rule is effective                    Statement; and Rule—11.3 Emissions
                                            referrals are not required. Agencies                    February 11, 2016.                                     Statement, which: (1) Applies to all
                                            relying on Fiscal Service to submit debts               ADDRESSES: EPA has established a                       stationary sources of NOX [nitrogen
                                            for administrative offset on the agency’s               docket for this action under Docket                    oxides] or VOCs [volatile organic
                                            behalf must transfer the debts to Fiscal                Identification No. EPA–R04–OAR–                        compounds] which have the potential to
                                            Service no later than 120 days after the                2015–0247. All documents in the docket                 emit 25 tons or more of either pollutant
                                            debts become delinquent in order to                     are listed on the www.regulations.gov                  per calendar year and are located in
                                            satisfy the 120-day notice requirement                  Web site. Although listed in the index,                areas designated as nonattainment for
                                            for purposes of administrative offset. A                some information is not publicly                       the 2008 ozone NAAQS; (2) requires
                                            debt which is not transferred to Fiscal                 available, i.e., Confidential Business                 owners and operators of those stationary
                                            Service for purposes of debt collection,                Information or other information whose                 sources of NOX and VOC to provide a
                                            however, such as a debt which falls                     disclosure is restricted by statute.                   statement showing the actual emissions
                                            within one of the exempt categories                     Certain other material, such as                        of NOX and VOCs from that source; and
                                            listed in paragraph (d) of this section,                copyrighted material, is not placed on                 (3) requires that emissions statements be
                                            nevertheless may be subject to the DCIA                 the Internet and will be publicly                      submitted to MDEQ by July 1 of every
                                            requirement of notification to the                      available only in hard copy form.                      year, showing actual emissions of the
                                            Secretary for purposes of administrative                Publicly available docket materials are                previous calendar year and containing a
                                            offset.                                                 available either electronically through                certification that the information
                                            *     *     *     *     *                               www.regulations.gov or in hard copy at                 contained in the statement is accurate to
                                                                                                    the Air Regulatory Management Section,                 the best knowledge of the individual
                                            David A. Lebryk,                                                                                               certifying the statement. EPA has
                                                                                                    Air Planning and Implementation
                                            Fiscal Assistant Secretary.                                                                                    determined that these regulations meet
                                                                                                    Branch, Air, Pesticides and Toxics
                                            [FR Doc. 2015–33044 Filed 1–11–16; 8:45 am]                                                                    all of the requirements of the Clean Air
                                                                                                    Management Division, U.S.
                                            BILLING CODE P                                          Environmental Protection Agency,                       Act (CAA or Act) section 182(a)(3)(B) for
                                                                                                    Region 4, 61 Forsyth Street SW.,                       the Mississippi portion of the Area
                                                                                                    Atlanta, Georgia 30303–8960. EPA                       because they cover the portion of
                                            ENVIRONMENTAL PROTECTION                                requests that if at all possible, you                  DeSoto County within the Area and
                                            AGENCY                                                  contact the person listed in the FOR                   satisfy the applicability, certification,
                                                                                                    FURTHER INFORMATION CONTACT section to                 and other emissions statements criteria
                                            40 CFR Part 52                                          schedule your inspection. The Regional                 contained therein.
                                            [EPA–R04–OAR–2015–0247; FRL–9940–87–                    Office’s official hours of business are                   In a notice of proposed rulemaking
                                            Region 4]                                               Monday through Friday 8:30 a.m. to                     published on August 10, 2015, EPA
                                                                                                    4:30 p.m., excluding Federal holidays.                 proposed to approve Mississippi’s June
                                            Approval and Promulgation of                            FOR FURTHER INFORMATION CONTACT:                       1, 2015, draft SIP revision submitted for
                                            Implementation Plans; Mississippi;                      Tiereny Bell, Air Regulatory                           parallel processing that sought to add
                                            Memphis, TN–MS–AR Emissions                             Management Section, Air Planning and                   new Rules 11.1, 11.2, and 11.3 from
                                            Statements for the 2008 8-Hour Ozone                    Implementation Branch, Air, Pesticides                 Title 11 of the Mississippi
                                            Standard                                                and Toxics Management Division, U.S.                   Administrative Code, Part 2, Chapter 11
                                            AGENCY:  Environmental Protection                       Environmental Protection Agency,                       into the SIP. See 80 FR 47883. The
                                            Agency (EPA).                                           Region 4, 61 Forsyth Street, SW.,                      details of Mississippi’s submittal and
                                                                                                    Atlanta, Georgia 30303–8960. Ms. Bell                  the rationale for EPA’s actions are
                                            ACTION: Final rule.
                                                                                                    can be reached at (404) 562–9088 and                   explained in the Proposed Rule.
                                            SUMMARY:   The Environmental Protection                 via electronic mail at bell.tiereny@                   Comments on the proposed rulemaking
                                            Agency (EPA) is taking final action to                  epa.gov.                                               were due on or before September 9,
                                            approve the state implementation plan                                                                          2015. No adverse comments were
                                                                                                    SUPPLEMENTARY INFORMATION:                             received. On August 28, 2015,
                                            (SIP) revision submitted by the State of
                                            Mississippi, through the Mississippi                    I. Background                                          Mississippi submitted a final SIP
                                            Department of Environmental Quality                                                                            revision that did not contain any
                                                                                                       On August 28, 2015, MDEQ submitted
                                            (MDEQ) on August 28, 2015, to address                                                                          substantive changes from the draft
                                                                                                    a SIP revision to EPA that seeks to add
                                            the emissions statement requirements                                                                           version submitted on June 1, 2015. EPA
                                                                                                    11 Mississippi Administrative Code
                                            for the State’s portion of the Memphis,                                                                        is now taking final action to approve the
                                                                                                    (MAC), Part 2, Chapter 11, ‘‘Regulations
                                            Tennessee-Mississippi-Arkansas                          for Ambient Air Quality Non-                              2 Section 182(a)(3)(B) of the CAA requires each
                                            (Memphis, TN–MS–AR) 2008 8-hour                         Attainment Areas,’’ 1 into the                         state with ozone nonattainment areas to submit a
                                            ozone national ambient air quality
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                                                                           SIP revision requiring annual emissions statements
                                            standards (NAAQS) nonattainment area                      1 These regulations conform to the new               to be submitted to the state by the owner or operator
                                            (hereafter referred to as the ‘‘Memphis,                nomenclature for Mississippi’s state regulations       of each NOX or VOC stationary source located
                                            TN–MS–AR Area’’ or ‘‘Area’’). Annual                    pursuant to the State’s recently amended               within a nonattainment area showing the actual
                                                                                                    Administrative Procedures Act. Mississippi has not     emissions of NOX and VOC from that source. The
                                            emissions reporting (i.e., emission                     provided EPA with a SIP revision to renumber the       first statement is due three years from the area’s
                                            statements) is required for all ozone                   state regulations currently incorporated into the      nonattainment designation, and subsequent
                                            nonattainment areas. The Area is                        SIP.                                                   statements are due at least annually thereafter.



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                                                               Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations                                               1321

                                            August 28, 2015 SIP revision as meeting                 October 4, 1993) and 13563 (76 FR 3821,                report containing this action and other
                                            the requirements of section 182(a)(3)(B)                January 21, 2011);                                     required information to the U.S. Senate,
                                            of the CAA.                                                • Does not impose an information                    the U.S. House of Representatives, and
                                                                                                    collection burden under the provisions                 the Comptroller General of the United
                                            II. Incorporation by Reference                          of the Paperwork Reduction Act (44                     States prior to publication of the rule in
                                               In this rule, EPA is finalizing                      U.S.C. 3501 et seq.);                                  the Federal Register. A major rule
                                            regulatory text that includes                              • Is certified as not having a                      cannot take effect until 60 days after it
                                            incorporation by reference. In                          significant economic impact on a                       is published in the Federal Register.
                                            accordance with the requirements of 1                   substantial number of small entities                   This action is not a ‘‘major rule’’ as
                                            CFR 51.5, EPA is finalizing the                         under the Regulatory Flexibility Act (5                defined by 5 U.S.C. 804(2).
                                            incorporate by reference of Title 11 of                 U.S.C. 601 et seq.);                                      Under section 307(b)(1) of the CAA,
                                            the MAC, Part 2, Chapter 11 entitled                       • does not contain any unfunded                     petitions for judicial review of this
                                            ‘‘Regulations for Ambient Air Quality                   mandate or significantly or uniquely                   action must be filed in the United States
                                            Nonattainment Areas,’’ which adds a                     affect small governments, as described                 Court of Appeals for the appropriate
                                            new Rule 11.1—General that states the                   in the Unfunded Mandates Reform Act                    circuit by March 14, 2016. Filing a
                                            purposes of the Chapter, a new Rule                     of 1995 (Pub. L. 104–4);                               petition for reconsideration by the
                                            11.2—Definitions, and a new Rule                           • does not have Federalism                          Administrator of this final rule does not
                                            11.3—Emissions Statement covering                       implications as specified in Executive                 affect the finality of this action for the
                                            applicability, which were effective                     Order 13132 (64 FR 43255, August 10,                   purposes of judicial review nor does it
                                            September 26, 2015. EPA has made, and                   1999);                                                 extend the time within which a petition
                                            will continue to make, these documents                     • is not an economically significant                for judicial review may be filed, and
                                            generally available electronically                      regulatory action based on health or                   shall not postpone the effectiveness of
                                            through www.regulations.gov and/or in                   safety risks subject to Executive Order                such rule or action. This action may not
                                            hard copy at the Region 4 office (see the               13045 (62 FR 19885, April 23, 1997);                   be challenged later in proceedings to
                                                                                                       • is not a significant regulatory action
                                            ADDRESSES section of this preamble for                                                                         enforce its requirements. See section
                                                                                                    subject to Executive Order 13211 (66 FR
                                            more information).                                                                                             307(b)(2).
                                                                                                    28355, May 22, 2001);
                                            III. Final Action                                          • is not subject to requirements of                 List of Subjects in 40 CFR Part 52
                                                                                                    Section 12(d) of the National
                                               EPA is approving the SIP revision                                                                             Environmental protection, Air
                                                                                                    Technology Transfer and Advancement
                                            submitted by Mississippi on August 28,                                                                         pollution control, Incorporation by
                                                                                                    Act of 1995 (15 U.S.C. 272 note) because
                                            2015, to incorporate 11 MAC, Part 2,                                                                           reference, Intergovernmental relations,
                                                                                                    application of those requirements would
                                            Chapter 11, ‘‘Regulations for Ambient                                                                          Nitrogen dioxide, Ozone, Reporting and
                                                                                                    be inconsistent with the CAA; and
                                            Air Quality Nonattainment Areas,’’ into                    • does not provide EPA with the                     recordkeeping requirements, Volatile
                                            its SIP to meet the section 182(a)(3)(B)                discretionary authority to address, as                 organic compounds.
                                            emissions statements requirement for                    appropriate, disproportionate human                      Dated: December 21, 2015.
                                            the Mississippi portion of the Memphis,                 health or environmental effects, using                 Heather McTeer Toney,
                                            TN–MS–AR Area. EPA has concluded                        practicable and legally permissible                    Regional Administrator, Region 4.
                                            that the State’s submission meets the                   methods, under Executive Order 12898
                                            requirements of the CAA.                                (59 FR 7629, February 16, 1994).                           40 CFR part 52 is amended as follows:
                                            IV. Statutory and Executive Order                          In addition, the SIP is not approved
                                                                                                                                                           PART 52—APPROVAL AND
                                            Reviews                                                 to apply on any Indian reservation land
                                                                                                                                                           PROMULGATION OF
                                                                                                    or in any other area where EPA or an
                                              Under the CAA, the Administrator is                                                                          IMPLEMENTATION PLANS
                                                                                                    Indian tribe has demonstrated that a
                                            required to approve a SIP submission                    tribe has jurisdiction. In those areas of
                                            that complies with the provisions of the                                                                       ■ 1. The authority citation for part 52
                                                                                                    Indian country, the rule does not have                 continues to read as follows:
                                            Act and applicable federal regulations.                 tribal implications as specified by
                                            See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 Executive Order 13175 (65 FR 67249,                        Authority: 42 U.S.C. 7401 et seq.
                                            Thus, in reviewing SIP submissions,                     November 9, 2000), nor will it impose
                                            EPA’s role is to approve state choices,                                                                        Subpart Z—Mississippi
                                                                                                    substantial direct costs on tribal
                                            provided that they meet the criteria of                 governments or preempt tribal law.                     ■  2. Section 52.1270(c) is amended by
                                            the CAA. Accordingly, this action                          The Congressional Review Act, 5                     adding undesignated heading ‘‘11–
                                            merely approves state law as meeting                    U.S.C. 801 et seq., as added by the Small              MAC-Part 2–11 Regulations for Ambient
                                            federal requirements and does not                       Business Regulatory Enforcement                        Air Quality Nonattainment Areas’’ and
                                            impose additional requirements beyond                   Fairness Act of 1996, generally provides               entries ‘‘Rule 11.1’’, ‘‘Rule 11.2’’, and
                                            those imposed by state law. For that                    that before a rule may take effect, the                ‘‘Rule 11.3’’ at the end of the table to
                                            reason, this action:                                    agency promulgating the rule must                      read as follows:
                                              • Is not a significant regulatory action              submit a rule report, which includes a
                                            subject to review by the Office of                      copy of the rule, to each House of the                 § 52.1270    Identification of plan.
                                            Management and Budget under                             Congress and to the Comptroller General                *       *     *     *     *
                                            Executive Orders 12866 (58 FR 51735,                    of the United States. EPA will submit a                    (c) * * *
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                                            1322                   Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations

                                                                                                             EPA-APPROVED MISSISSIPPI REGULATIONS
                                                                                                                                                                     State effective
                                                     State citation                                              Title/subject                                                             EPA approval date        Explanation
                                                                                                                                                                          date


                                                        *                           *                              *                              *                          *                      *                 *

                                                                                        11–MAC-Part 2–11 Regulations for Ambient Air Quality Nonattainment Areas

                                            Rule 11.1 ..........................   General .......................................................................        9/26/2015    1/12/2016 [Insert citation
                                                                                                                                                                                         of publication].
                                            Rule 11.2 ..........................   Definitions ...................................................................        9/26/2015    1/12/2016 Insert citation
                                                                                                                                                                                         of publication].
                                            Rule 11.3 ..........................   Emissions Statement ..................................................                 9/26/2015    1/12/2016 [Insert citation
                                                                                                                                                                                         of publication].



                                            [FR Doc. 2016–00086 Filed 1–11–16; 8:45 am]                         materials received, as well as supporting                          adequate regulatory mechanisms are in
                                            BILLING CODE 6560–50–P                                              documentation used in the preparation                              place so that the species is not
                                                                                                                of this rule, will be available for public                         currently, and is not likely to become,
                                                                                                                inspection, by appointment, during                                 an endangered species within the
                                            DEPARTMENT OF THE INTERIOR                                          normal business hours at: U.S. Fish and                            foreseeable future in all or a significant
                                                                                                                Wildlife Service, Corpus Christi                                   portion of its range.
                                            Fish and Wildlife Service                                           Ecological Services Field Office,                                     The regulations in title 50 of the Code
                                                                                                                TAMU–CC, 6300 Ocean Drive, USFWS–                                  of Federal Regulations (CFR) at
                                            50 CFR Part 17                                                      Unit 5837, Corpus Christi, Texas 78412–                            § 424.22(d) state that a species may be
                                                                                                                5837. You may obtain copies of the final                           delisted if (1) it becomes extinct, (2) it
                                            [Docket No. FWS–R2–ES–2011–0084;                                                                                                       recovers, or (3) the original
                                            92220–1113–0000]                                                    rule from the field office address above,
                                                                                                                by calling (361) 994–9005, or from our                             classification data were in error. In the
                                            RIN 1018–AH53                                                       Web site at http://www.fws.gov/                                    proposed rule of May 22, 2003 (68 FR
                                                                                                                southwest/es/Library/. Persons who use                             27961), the Service proposed to delist
                                            Endangered and Threatened Wildlife                                  a telecommunications device for the                                Johnston’s frankenia due to an
                                            and Plants; Removal of Frankenia                                    deaf (TDD) may call the Federal                                    expansion of our knowledge of the
                                            johnstonii (Johnston’s frankenia) From                              Information Relay Service (FIRS) at                                species’ known range, the number of
                                            the Federal List of Endangered and                                  800–877–8339.                                                      newly discovered populations—some
                                            Threatened Plants                                                                                                                      with large numbers of individual plants,
                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                            AGENCY:   Fish and Wildlife Service,                                                                                                   increased knowledge of the life-history
                                                                                                                Dawn Gardiner, Assistant Field
                                            Interior.                                                                                                                              requirements of the species, and
                                                                                                                Supervisor, Texas Coastal Ecological                               clarification of the degree of threats to
                                            ACTION: Final rule; availability of final                           Services Field Office, Corpus Christi, at                          its continued existence. The species is
                                            post-delisting monitoring plan.                                     the above address, or telephone 361–                               also being delisted because recovery
                                                                                                                994–9005 or email to Dawn_Gardiner@                                efforts have improved the species’
                                            SUMMARY:   The best available scientific                            fws.gov. Individuals who are hearing-
                                            and commercial data indicate that                                                                                                      status, and the current new data show
                                                                                                                impaired or speech-impaired may call                               that removing Johnston’s frankenia from
                                            Frankenia johnstonii (Johnston’s                                    the Federal Relay Service at 1–800–877–
                                            frankenia) has recovered. Therefore,                                                                                                   the List of Endangered and Threatened
                                                                                                                8337 for TTY assistance.                                           Plants is warranted.
                                            under the authority of the Endangered
                                                                                                                SUPPLEMENTARY INFORMATION:                                         SUPPLEMENTARY INFORMATION:
                                            Species Act of 1973, as amended (Act),
                                            we, the U.S. Fish and Wildlife Service                              Executive Summary                                                  Previous Federal Action
                                            (Service), remove (delist) the Johnston’s
                                                                                                                   Recovery actions for Johnston’s                                    Federal Government actions on this
                                            frankenia from the Federal List of
                                                                                                                frankenia have resulted in a reduction                             species began with section 12 of the Act,
                                            Endangered and Threatened Plants. This
                                                                                                                in the magnitude of threats due to: (1)                            which directed the Secretary of the
                                            determination is based on a thorough
                                                                                                                A significant increase in the number of                            Smithsonian Institution to prepare a
                                            review of all available information,
                                                                                                                documented populations; (2) a major                                report on those plants considered to be
                                            which indicates that the threats to this
                                                                                                                expansion of the known range for the                               endangered, threatened, or extinct. This
                                            species have been eliminated or reduced
                                                                                                                species; (3) a population estimate of                              report (House Document No. 94–51),
                                            to the point that the species has
                                                                                                                more than 4 million plants; (4) the                                which included Johnston’s frankenia in
                                            recovered and no longer meets the
                                                                                                                species’ ability to successfully                                   the endangered category, was presented
                                            definition of threatened or endangered
                                                                                                                outcompete nonnative grasses,                                      to Congress on January 9, 1975. On July
                                            under the Act. We also announce the
                                                                                                                recolonize disturbed areas, and tolerate                           1, 1975, the Service published a notice
                                            availability of the final post-delisting
                                                                                                                grazing in the specialized habitat it                              in the Federal Register (40 FR 27823)
                                            monitoring plan for Johnston’s
                                                                                                                occupies indicates it is more resilient                            that formally accepted the Smithsonian
                                            frankenia.
                                                                                                                than previously believed; and (5)                                  report as a petition within the context
tkelley on DSK3SPTVN1PROD with RULES




                                            DATES: This rule becomes effective                                  improved management practices as a                                 of section 4(c)(20), now section
                                            February 11, 2016.                                                  result of outreach activities to, and                              4(b)(3)(A), of the Act, and of the
                                            ADDRESSES: The final rule is available                              cooperative agreements with,                                       Service’s intention thereby to review the
                                            on the Internet at http://                                          landowners. Our review of the status of                            status of those plants. On June 16, 1976,
                                            www.regulations.gov, Docket No. FWS–                                this species shows that populations are                            the Service published a proposed rule in
                                            R2–ES–2011–0084. Comments and                                       stable, threats are addressed, and                                 the Federal Register (41 FR 24524) to


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Document Created: 2016-01-12 01:22:30
Document Modified: 2016-01-12 01:22:30
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 final rule is effective February 11, 2016.
ContactTiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via electronic mail at [email protected]
FR Citation81 FR 1320 
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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