81_FR_33240 81 FR 33139 - Air Plan Disapprovals; MS; Prong 4-2008 Ozone, 2010 NO2

81 FR 33139 - Air Plan Disapprovals; MS; Prong 4-2008 Ozone, 2010 NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33139-33140
FR Document2016-12114

The Environmental Protection Agency (EPA) is taking final action to disapprove the visibility transport (prong 4) portions of revisions to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), addressing the Clean Air Act (CAA or Act) infrastructure SIP requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO<INF>2</INF>), 2010 1-hour Sulfur Dioxide (SO<INF>2</INF>), and 2012 annual Fine Particulate Matter (PM<INF>2.5</INF>) 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, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is disapproving the prong 4 portions of Mississippi's May 29, 2012; July 26, 2012; February 28, 2013; June 20, 2013; and December 8, 2015, infrastructure SIP submissions. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33139-33140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12114]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0798; FRL-9946-77-Region 4]


Air Plan Disapprovals; MS; Prong 4-2008 Ozone, 2010 NO2, SO2, and 
2012 PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to disapprove the visibility transport (prong 4) portions of 
revisions to the Mississippi State Implementation Plan (SIP), submitted 
by the Mississippi Department of Environmental Quality (MDEQ), 
addressing the Clean Air Act (CAA or Act) infrastructure SIP 
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide 
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 
annual Fine Particulate Matter (PM2.5) 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, commonly referred to as an 
``infrastructure SIP.'' Specifically, EPA is disapproving the prong 4 
portions of Mississippi's May 29, 2012; July 26, 2012; February 28, 
2013; June 20, 2013; and December 8, 2015, infrastructure SIP 
submissions. All other applicable infrastructure requirements for these 
SIP submissions have been or will be addressed in separate rulemakings.

DATES: This rule will be effective June 24, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0798. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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 of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA are to be submitted by states within three years after 
promulgation of a new or revised NAAQS to provide for the 
implementation, maintenance, and enforcement of the new or revised 
NAAQS. EPA has historically referred to these SIP submissions made for 
the purpose of satisfying the requirements of sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and 
(2) require states to address basic SIP elements such as the 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
newly established or revised NAAQS. More specifically, section 
110(a)(1) provides the procedural and timing requirements for 
infrastructure SIPs. Section 110(a)(2) lists specific elements that 
states must meet for the infrastructure SIP requirements related to a 
newly established or revised NAAQS. The contents of an infrastructure 
SIP submission may vary depending upon the data and analytical tools 
available to the state, as well as the provisions already contained in 
the state's implementation plan at the time in which the state develops 
and submits the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit 
any source or other type of emissions activity in one state from 
contributing significantly to nonattainment of the NAAQS in another 
state (prong 1) and from interfering with maintenance of the NAAQS in 
another state (prong 2). The third and fourth prongs, which are 
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures to protect visibility in 
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions insuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement.
    In a notice of proposed rulemaking (NPRM) published on March 22, 
2016 (81 FR 15205), EPA proposed to disapprove the prong 4 portions of 
Mississippi's infrastructure SIP submissions for the 2008 8-hour Ozone, 
2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual 
PM2.5 NAAQS. The details of Mississippi's submissions and 
the rationale for EPA's actions are explained in the NPRM. Comments on 
the proposed rulemaking were due on or before April 21, 2016. EPA 
received no comments on the NPRM.

II. Final Action

    EPA is taking final action to disapprove the prong 4 portions of 
Mississippi's May 29, 2012, 2008 8-hour Ozone infrastructure SIP 
submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP 
resubmission; February 28, 2013, 2010 1-hour NO2 
infrastructure SIP submission; June 20, 2013, 2010 1-hour 
SO2 infrastructure SIP submission; and December 8, 2015, 
2012 annual PM2.5 infrastructure SIP submission. All other 
outstanding applicable infrastructure requirements for these SIP 
submissions have been or will be addressed in separate rulemakings.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 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. This action 
disapproves the prong 4 portions of the aforementioned SIP submissions 
as not meeting Federal

[[Page 33140]]

requirements. Therefore, this action 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 July 25, 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, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: May 12, 2016.
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 52.1279 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.1279  Visibility protection.

* * * * *
    (b) Disapproval. EPA has disapproved the portions of Mississippi's 
May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26, 
2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28, 
2013, 2010, 1-hour NO2 infrastructure SIP submission; June 
20, 2013, 2010 1-hour SO2 infrastructure SIP submission; and 
December 8, 2015, 2012, Annual PM2.5 infrastructure SIP 
submission that address the visibility protection (prong 4) 
requirements of Clean Air Act section 110(a)(2)(D)(i)(II). EPA 
disapproved the prong 4 portions of these SIP submissions because 
Mississippi does not have a fully approved regional haze SIP that meets 
the requirements of 40 CFR 51.308 and because these SIP submissions do 
not otherwise demonstrate that emissions within the State do not 
interfere with other states' plans to protect visibility.

[FR Doc. 2016-12114 Filed 5-24-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                           33139

                                           [FR Doc. 2016–12120 Filed 5–24–16; 8:45 am]             Branch, Air, Pesticides and Toxics                    submissions. The first two prongs,
                                           BILLING CODE 6560–50–P                                  Management Division, U.S.                             which are codified in section
                                                                                                   Environmental Protection Agency,                      110(a)(2)(D)(i)(I), are provisions that
                                                                                                   Region 4, 61 Forsyth Street SW.,                      prohibit any source or other type of
                                           ENVIRONMENTAL PROTECTION                                Atlanta, Georgia 30303–8960. EPA                      emissions activity in one state from
                                           AGENCY                                                  requests that if at all possible, you                 contributing significantly to
                                                                                                   contact the person listed in the FOR                  nonattainment of the NAAQS in another
                                           40 CFR Part 52                                          FURTHER INFORMATION CONTACT section to                state (prong 1) and from interfering with
                                           [EPA–R04–OAR–2015–0798; FRL–9946–77–                    schedule your inspection. The Regional                maintenance of the NAAQS in another
                                           Region 4]                                               Office’s official hours of business are               state (prong 2). The third and fourth
                                                                                                   Monday through Friday 8:30 a.m. to                    prongs, which are codified in section
                                           Air Plan Disapprovals; MS; Prong 4–                     4:30 p.m., excluding Federal holidays.                110(a)(2)(D)(i)(II), are provisions that
                                           2008 Ozone, 2010 NO2, SO2, and 2012                     FOR FURTHER INFORMATION CONTACT:                      prohibit emissions activity in one state
                                           PM2.5                                                   Sean Lakeman of the Air Regulatory                    from interfering with measures required
                                           AGENCY:  Environmental Protection                       Management Section, Air Planning and                  to prevent significant deterioration of air
                                           Agency (EPA).                                           Implementation Branch, Air, Pesticides                quality in another state (prong 3) or
                                                                                                   and Toxics Management Division, U.S.                  from interfering with measures to
                                           ACTION: Final rule.
                                                                                                   Environmental Protection Agency,                      protect visibility in another state (prong
                                           SUMMARY:   The Environmental Protection                 Region 4, 61 Forsyth Street SW.,                      4). Section 110(a)(2)(D)(ii) requires SIPs
                                           Agency (EPA) is taking final action to                  Atlanta, Georgia 30303–8960. Mr.                      to include provisions insuring
                                           disapprove the visibility transport                     Lakeman can be reached by telephone at                compliance with sections 115 and 126
                                           (prong 4) portions of revisions to the                  (404) 562–9043 or via electronic mail at              of the Act, relating to interstate and
                                           Mississippi State Implementation Plan                   lakeman.sean@epa.gov.                                 international pollution abatement.
                                           (SIP), submitted by the Mississippi                                                                              In a notice of proposed rulemaking
                                                                                                   SUPPLEMENTARY INFORMATION:                            (NPRM) published on March 22, 2016
                                           Department of Environmental Quality
                                           (MDEQ), addressing the Clean Air Act                    I. Background                                         (81 FR 15205), EPA proposed to
                                           (CAA or Act) infrastructure SIP                                                                               disapprove the prong 4 portions of
                                                                                                      By statute, SIPs meeting the                       Mississippi’s infrastructure SIP
                                           requirements for the 2008 8-hour Ozone,                 requirements of sections 110(a)(1) and
                                           2010 1-hour Nitrogen Dioxide (NO2),                                                                           submissions for the 2008 8-hour Ozone,
                                                                                                   (2) of the CAA are to be submitted by                 2010 1-hour NO2, 2010 1-hour SO2, and
                                           2010 1-hour Sulfur Dioxide (SO2), and                   states within three years after
                                           2012 annual Fine Particulate Matter                                                                           2012 annual PM2.5 NAAQS. The details
                                                                                                   promulgation of a new or revised                      of Mississippi’s submissions and the
                                           (PM2.5) National Ambient Air Quality                    NAAQS to provide for the
                                           Standards (NAAQS). The CAA requires                                                                           rationale for EPA’s actions are explained
                                                                                                   implementation, maintenance, and                      in the NPRM. Comments on the
                                           that each state adopt and submit a SIP                  enforcement of the new or revised
                                           for the implementation, maintenance,                                                                          proposed rulemaking were due on or
                                                                                                   NAAQS. EPA has historically referred to               before April 21, 2016. EPA received no
                                           and enforcement of each NAAQS                           these SIP submissions made for the
                                           promulgated by EPA, commonly                                                                                  comments on the NPRM.
                                                                                                   purpose of satisfying the requirements
                                           referred to as an ‘‘infrastructure SIP.’’               of sections 110(a)(1) and 110(a)(2) as                II. Final Action
                                           Specifically, EPA is disapproving the                   ‘‘infrastructure SIP’’ submissions.                      EPA is taking final action to
                                           prong 4 portions of Mississippi’s May                   Sections 110(a)(1) and (2) require states             disapprove the prong 4 portions of
                                           29, 2012; July 26, 2012; February 28,                   to address basic SIP elements such as                 Mississippi’s May 29, 2012, 2008 8-hour
                                           2013; June 20, 2013; and December 8,                    the requirements for monitoring, basic                Ozone infrastructure SIP submission;
                                           2015, infrastructure SIP submissions.                   program requirements, and legal                       July 26, 2012, 2008 8-hour Ozone
                                           All other applicable infrastructure                     authority that are designed to assure                 infrastructure SIP resubmission;
                                           requirements for these SIP submissions                  attainment and maintenance of the                     February 28, 2013, 2010 1-hour NO2
                                           have been or will be addressed in                       newly established or revised NAAQS.                   infrastructure SIP submission; June 20,
                                           separate rulemakings.                                   More specifically, section 110(a)(1)                  2013, 2010 1-hour SO2 infrastructure
                                           DATES: This rule will be effective June                 provides the procedural and timing                    SIP submission; and December 8, 2015,
                                           24, 2016.                                               requirements for infrastructure SIPs.                 2012 annual PM2.5 infrastructure SIP
                                           ADDRESSES: EPA has established a                        Section 110(a)(2) lists specific elements             submission. All other outstanding
                                           docket for this action under Docket                     that states must meet for the                         applicable infrastructure requirements
                                           Identification No. EPA–R04–OAR–                         infrastructure SIP requirements related               for these SIP submissions have been or
                                           2015–0798. All documents in the docket                  to a newly established or revised                     will be addressed in separate
                                           are listed on the www.regulations.gov                   NAAQS. The contents of an                             rulemakings.
                                           Web site. Although listed in the index,                 infrastructure SIP submission may vary
                                           some information may not be publicly                    depending upon the data and analytical                III. Statutory and Executive Order
                                           available, i.e., Confidential Business                  tools available to the state, as well as the          Reviews
                                           Information or other information whose                  provisions already contained in the                      Under the CAA, the Administrator is
                                           disclosure is restricted by statute.                    state’s implementation plan at the time               required to approve a SIP submission
                                           Certain other material, such as                         in which the state develops and submits               that complies with the provisions of the
                                           copyrighted material, is not placed on                  the submission for a new or revised                   Act and applicable federal regulations.
                                           the Internet and will be publicly                       NAAQS.                                                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Lhorne on DSK30JT082PROD with RULES




                                           available only in hard copy form.                          Section 110(a)(2)(D) has two                       Thus, in reviewing SIP submissions,
                                           Publicly available docket materials are                 components: 110(a)(2)(D)(i) and                       EPA’s role is to approve state choices,
                                           available either electronically through                 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)             provided that they meet the criteria of
                                           www.regulations.gov or in hard copy at                  includes four distinct components,                    the CAA. This action disapproves the
                                           the Air Regulatory Management Section,                  commonly referred to as ‘‘prongs,’’ that              prong 4 portions of the aforementioned
                                           Air Planning and Implementation                         must be addressed in infrastructure SIP               SIP submissions as not meeting Federal


                                      VerDate Sep<11>2014   14:51 May 24, 2016   Jkt 238001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\25MYR1.SGM   25MYR1


                                           33140            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           requirements. Therefore, this action                    report containing this action and other               prong 4 portions of these SIP
                                           does not impose additional                              required information to the U.S. Senate,              submissions because Mississippi does
                                           requirements beyond those imposed by                    the U.S. House of Representatives, and                not have a fully approved regional haze
                                           state law. For that reason, this action:                the Comptroller General of the United                 SIP that meets the requirements of 40
                                              • Is not a ‘‘significant regulatory                  States prior to publication of the rule in            CFR 51.308 and because these SIP
                                           action’’ subject to review by the Office                the Federal Register. A major rule                    submissions do not otherwise
                                           of Management and Budget under                          cannot take effect until 60 days after it             demonstrate that emissions within the
                                           Executive Orders 12866 (58 FR 51735,                    is published in the Federal Register.                 State do not interfere with other states’
                                           October 4, 1993) and 13563 (76 FR 3821,                 This action is not a ‘‘major rule’’ as                plans to protect visibility.
                                           January 21, 2011);                                      defined by 5 U.S.C. 804(2).                           [FR Doc. 2016–12114 Filed 5–24–16; 8:45 am]
                                              • does not impose an information                        Under section 307(b)(1) of the CAA,
                                                                                                                                                         BILLING CODE 6560–50–P
                                           collection burden under the provisions                  petitions for judicial review of this
                                           of the Paperwork Reduction Act (44                      action must be filed in the United States
                                           U.S.C. 3501 et seq.);                                   Court of Appeals for the appropriate
                                              • is certified as not having a                       circuit by July 25, 2016. Filing a petition           FEDERAL COMMUNICATIONS
                                           significant economic impact on a                        for reconsideration by the Administrator              COMMISSION
                                           substantial number of small entities                    of this final rule does not affect the                47 CFR Parts 25, 73, and 76
                                           under the Regulatory Flexibility Act (5                 finality of this action for the purposes of
                                           U.S.C. 601 et seq.);                                    judicial review nor does it extend the                [MB Docket No. 14–127; FCC 16–4]
                                              • does not contain any unfunded                      time within which a petition for judicial
                                           mandate or significantly or uniquely                    review may be filed, and shall not                    Expanded Online Public Inspection
                                           affect small governments, as described                  postpone the effectiveness of such rule               File Obligations to Cable and Satellite
                                           in the Unfunded Mandates Reform Act                     or action. This action may not be                     TV Operators and Broadcast and
                                           of 1995 (Pub. L. 104–4);                                challenged later in proceedings to                    Satellite Radio Licensees
                                              • does not have Federalism                           enforce its requirements. See section                 AGENCY:   Federal Communications
                                           implications as specified in Executive                  307(b)(2).                                            Commission.
                                           Order 13132 (64 FR 43255, August 10,                                                                          ACTION: Final rule; announcement of
                                           1999);                                                  List of Subjects in 40 CFR Part 52
                                                                                                                                                         effective date.
                                              • is not an economically significant                   Environmental protection, Air
                                           regulatory action based on health or                    pollution control, Incorporation by                   SUMMARY:    In this document, the
                                           safety risks subject to Executive Order                 reference, Intergovernmental relations,               Commission announces that the Office
                                           13045 (62 FR 19885, April 23, 1997);                    Nitrogen dioxide, Ozone, Particulate                  of Management and Budget (OMB) has
                                              • is not a significant regulatory action             matter, Reporting and recordkeeping                   approved, for a period of three years, the
                                           subject to Executive Order 13211 (66 FR                 requirements, Sulfur oxides, Volatile                 information collection associated with
                                           28355, May 22, 2001);                                   organic compounds.                                    the Commission’s Report and Order,
                                              • is not subject to requirements of                                                                        Expansion of Online Public File
                                                                                                     Dated: May 12, 2016.
                                           Section 12(d) of the National                                                                                 Obligations To Cable and Satellite TV
                                                                                                   Heather McTeer Toney,
                                           Technology Transfer and Advancement                                                                           Operators and Broadcast and Satellite
                                           Act of 1995 (15 U.S.C. 272 note) because                Regional Administrator, Region 4.
                                                                                                                                                         Radio Licensees. This document is
                                           application of those requirements would                     40 CFR part 52 is amended as follows:             consistent with the Report and Order,
                                           be inconsistent with the CAA; and                                                                             which stated that the Commission
                                              • does not provide EPA with the                      PART 52—APPROVAL AND
                                                                                                   PROMULGATION OF                                       would publish a document in the
                                           discretionary authority to address, as                                                                        Federal Register announcing OMB
                                           appropriate, disproportionate human                     IMPLEMENTATION PLANS
                                                                                                                                                         approval and the effective date of the
                                           health or environmental effects, using                  ■ 1. The authority citation for part 52               rules.
                                           practicable and legally permissible                     continues to read as follows:                         DATES: The amendments to 47 CFR
                                           methods, under Executive Order 12898
                                           (59 FR 7629, February 16, 1994).                            Authority: 42 U.S.C. 7401 et seq.                 25.701(d), (d)(2), (d)(3), (e)(3), and (f)(6),
                                              The SIP is not approved to apply on                                                                        25.702, 73.1943(d), 73.3526(b)(1)
                                                                                                   Subpart Z—Mississippi                                 through (3), 73.3527(b)(1) and (2),
                                           any Indian reservation land or in any
                                           other area where EPA or an Indian tribe                                                                       76.630, 76.1700, and 76.1702(a),
                                                                                                   ■ 2. Section 52.1279 is amended by                    published at 81 FR 10105, February 29,
                                           has demonstrated that a tribe has                       adding paragraph (b) to read as follows:
                                           jurisdiction. In those areas of Indian                                                                        2016, are effective June 24, 2016.
                                           country, the rule does not have tribal                  § 52.1279    Visibility protection.                   FOR FURTHER INFORMATION CONTACT: For
                                           implications as specified by Executive                  *     *    *      *     *                             additional information contact Cathy
                                           Order 13175 (65 FR 67249, November 9,                     (b) Disapproval. EPA has disapproved                Williams, Cathy.Williams@fcc.gov, (202)
                                           2000), nor will it impose substantial                   the portions of Mississippi’s May 29,                 418–2918.
                                           direct costs on tribal governments or                   2012, 2008 8-hour Ozone infrastructure                SUPPLEMENTARY INFORMATION: This
                                           preempt tribal law.                                     SIP submission; July 26, 2012, 2008 8-                document announces that, on May 4,
                                              The Congressional Review Act, 5                      hour Ozone infrastructure SIP                         2016, OMB approved the information
                                           U.S.C. 801 et seq., as added by the Small               resubmission; February 28, 2013, 2010,                collection requirements contained in the
                                           Business Regulatory Enforcement                         1-hour NO2 infrastructure SIP                         Commission’s Report and Order, FCC
                                           Fairness Act of 1996, generally provides                submission; June 20, 2013, 2010 1-hour                16–4, published at 81 FR 10105,
Lhorne on DSK30JT082PROD with RULES




                                           that before a rule may take effect, the                 SO2 infrastructure SIP submission; and                February 29, 2016. The OMB Control
                                           agency promulgating the rule must                       December 8, 2015, 2012, Annual PM2.5                  Numbers are 3060–1207, 3060–0214,
                                           submit a rule report, which includes a                  infrastructure SIP submission that                    and 3060–0316. The Commission
                                           copy of the rule, to each House of the                  address the visibility protection (prong              publishes this notice as an
                                           Congress and to the Comptroller General                 4) requirements of Clean Air Act section              announcement of the effective date of
                                           of the United States. EPA will submit a                 110(a)(2)(D)(i)(II). EPA disapproved the              the rules. If you have any comments on


                                      VerDate Sep<11>2014   14:51 May 24, 2016   Jkt 238001   PO 00000   Frm 00018   Fmt 4700   Sfmt 4700   E:\FR\FM\25MYR1.SGM   25MYR1



Document Created: 2018-02-07 15:03:08
Document Modified: 2018-02-07 15:03:08
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 June 24, 2016.
ContactSean Lakeman of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 or via electronic mail at [email protected]
FR Citation81 FR 33139 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR