81 FR 63705 - Air Plan Approval/Disapproval; MS Infrastructure Requirements for the 2010 NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63705-63707 | |
| FR Document | 2016-22226 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Rules and Regulations] [Pages 63705-63707] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22226] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0751; FRL-9952-33-Region 4] Air Plan Approval/Disapproval; MS Infrastructure Requirements for the 2010 NO2 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve in part, and disapprove in part, portions of the State Implementation Plan (SIP) submission, submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ) on February 28, 2013, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO2 ) national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. The MDEQ certified that the Mississippi SIP contains provisions that ensure the 2010 NO2 NAAQS are implemented, enforced, and maintained in Mississippi. With the exception of the state board majority requirements respecting significant portion of income, for which EPA is disapproving, EPA has determined portions of Mississippi's SIP submission, provided to EPA on [[Page 63706]] February 28, 2013, satisfies certain required infrastructure elements for the 2010 1-hour NO2 NAAQS. DATES: This rule will be effective October 17, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0751. 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: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Overview On January 22, 2010, (published at 75 FR 6474, February 9, 2010), EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion (ppb), based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on May 24, 2016, EPA proposed to approve Mississippi's 2010 1-hour NO2 NAAQS infrastructure SIP submission submitted on February 28, 2013, with the exception of the preconstruction PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of (D)(i), and (J), the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), and the state board majority requirements respecting significant portion of income of 110(a)(2)(E)(ii). On March 18, 2015 (80 FR 14019), EPA approved Mississippi's February 28, 2013, infrastructure SIP submission regarding the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) for the 2010 1-hour NO2 NAAQS. Therefore, EPA is not taking any action today pertaining to sections 110(a)(2)(C), prong 3 of D(i), and (J). Additionally, on May 25, 2016, EPA took final action on prong 4 of D(i) element of Mississippi's February 28, 2013, SIP submission for the 2010 1-hour NO2 NAAQS and is not acting on this prong in this action. See 81 FR 33139. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), Mississippi provided a separate submission on July 14, 2016. EPA is considering action on Mississippi's submission related to 110(a)(2)(D)(i)(I) (prongs 1 and 2) through a separate action. The details of Mississippi's submission and the rationale for EPA's actions for this final rulemaking are explained in the May 24, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before June 23, 2016. EPA received no adverse comments on the proposed action. II. Final Action With regard to the state board majority requirements respecting significant portion of income, EPA is finalizing a disapproval of Mississippi's February 28, 2013, infrastructure submission. Under section 179(a) of the CAA, final disapproval of a submittal that addresses a requirement of a CAA Part D Plan, or is required in response to a finding of substantial inadequacy as described in CAA section 110(k)(5) (SIP call), starts a sanctions clock. The portion of the submittal being disapproved in this notice (the portion addressing certain provisions of section 110(a)(2)(E)(ii)) was not submitted to meet requirements for Part D or a SIP call, and therefore, no sanctions will be triggered. However, this final action will trigger the requirement under section 110(c) that EPA promulgate a Federal Implementation Plan (FIP) no later than two years from the date of the disapproval unless the State corrects the deficiency, and EPA approves the plan or plan revision before EPA promulgates such FIP. With the exceptions described above, EPA is taking final action to approve Mississippi's infrastructure SIP submission for the 2010 1-hour NO2 NAAQS because these portions of the submission are consistent with section 110 of the CAA. 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. 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 (Public Law 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 [[Page 63707]] application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 15, 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: September 2, 2016. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42.U.S.C. 7401 et seq. Subpart Z--Mississippi 0 2. Section 52.1270(e), is amended by adding an entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO 2 National Ambient Air Quality Standard'' at the end of the table to read as follows: Sec. 52.1270 Identification of plan. * * * * * (e) * * * EPA Approved Mississippi Non-Regulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- State submittal Name of nonregulatory SIP provision Applicable geographic or date/ EPA approval date Explanation nonattainment area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Mississippi................. 02/28/2013 09/16/2016, [Insert Federal With the exception of Requirements for the 2010 1-hour NO2 Register citation]. sections: 110(a)(2)(C) and National Ambient Air Quality Standard. (J) concerning PSD permitting requirements; 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements and the state board majority requirements respecting significant portion of income of section 110(a)(2)(E)(ii). -------------------------------------------------------------------------------------------------------------------------------------------------------- 0 3. Section 52.1272 is amended by adding a paragraph (d) to read as follows: Sec. 52.1272 Approval status. * * * * * (d) Disapproval. Submittal from the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ) on February 28, 2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 2010 1-hour nitrogen dioxide (NO2 ) National Ambient Air Quality Standards (NAAQS) concerning state board majority requirements respecting significant portion of income of section 128(a)(1). EPA is disapproving MDEQ's submittal with respect to section 110(a)(2)(E)(ii) because a majority of board members may still derive a significant portion of income from persons subject to permits or enforcement orders issued by the Mississippi Boards, and therefore, its current SIP does not meet the section 128(a)(1) majority requirements respecting significant portion of income for the 2010 1-hour NO2 NAAQS. [FR Doc. 2016-22226 Filed 9-15-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63705
• Does not contain any unfunded enforceable by all relevant state and extend the time within which a petition
mandate or significantly or uniquely local agencies and authorities.’’ for judicial review may be filed, and
affect small governments, as described However, EPA has determined that this shall not postpone the effectiveness of
in the Unfunded Mandates Reform Act rule does not have substantial direct such rule or action. This action may not
of 1995 (Public Law 104–4); effects on an Indian Tribe because this be challenged later in proceedings to
• Does not have Federalism action is not approving any specific enforce its requirements. See section
implications as specified in Executive rule, but rather approving that South 307(b)(2).
Order 13132 (64 FR 43255, August 10, Carolina’s already approved SIP meets
certain CAA requirements. EPA notes List of Subjects in 40 CFR Part 52
1999);
• Is not an economically significant this action will not impose substantial Environmental protection, Air
regulatory action based on health or direct costs on Tribal governments or pollution control, Incorporation by
safety risks subject to Executive Order preempt Tribal law. reference, Intergovernmental relations,
13045 (62 FR 19885, April 23, 1997); The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Reporting and
• Is not a significant regulatory action U.S.C. 801 et seq., as added by the Small recordkeeping requirements, Volatile
subject to Executive Order 13211 (66 FR Business Regulatory Enforcement organic compounds.
28355, May 22, 2001); Fairness Act of 1996, generally provides
Dated: September 2, 2016.
• Is not subject to requirements of that before a rule may take effect, the
section 12(d) of the National agency promulgating the rule must V. Anne Heard,
Technology Transfer and Advancement submit a rule report, which includes a Acting Regional Administrator, Region 4.
Act of 1995 (15 U.S.C. 272 note) because copy of the rule, to each House of the 40 CFR part 52 is amended as follows:
application of those requirements would Congress and to the Comptroller General
be inconsistent with the CAA; and of the United States. EPA will submit a PART 52—APPROVAL AND
• Does not provide EPA with the report containing this action and other PROMULGATION OF
discretionary authority to address, as required information to the U.S. Senate, IMPLEMENTATION PLANS
appropriate, disproportionate human the U.S. House of Representatives, and
health or environmental effects, using the Comptroller General of the United ■ 1. The authority citation for part 52
practicable and legally permissible States prior to publication of the rule in continues to read as follows:
methods, under Executive Order 12898 the Federal Register. A major rule Authority: 42.U.S.C. 7401 et seq.
(59 FR 7629, February 16, 1994). cannot take effect until 60 days after it
In addition, this action for the state of is published in the Federal Register. Subpart PP—South Carolina
South Carolina does not have Tribal This action is not a ‘‘major rule’’ as
implications as specified by Executive defined by 5 U.S.C. 804(2). ■ 2. In § 52.2120, the table in paragraph
Order 13175 (65 FR 67249, November 9, Under section 307(b)(1) of the CAA, (e) is amended by adding the entry
2000). The Catawba Indian Nation petitions for judicial review of this ‘‘110(a)(1) and (2) Infrastructure
Reservation is located within the State action must be filed in the United States Requirements for the 2010 1-hour NO2
of South Carolina. Pursuant to the Court of Appeals for the appropriate NAAQS’’ at the end of the table to read
Catawba Indian Claims Settlement Act, circuit by November 15, 2016. Filing a as follows:
South Carolina statute 27–16–120, ‘‘all petition for reconsideration by the
state and local environmental laws and Administrator of this final rule does not § 52.2120 Identification of plan.
regulations apply to the [Catawba Indian affect the finality of this action for the * * * * *
Nation] and Reservation and are fully purposes of judicial review nor does it (e) * * *
State EPA approval
Provision effective Explanation
date
date
* * * * * * *
110(a)(1) and (2) Infrastructure Requirements for 04/30/2014 09/16/2016, [Insert With the exception of sections 110(a)(2)(C), prong
the 2010 1-hour NO2 NAAQS. Federal Register 3 of D(i), and (J) and sections 110(a)(2)(D)(i)(I)
citation]. and (II) (prongs 1, 2, and 4).
[FR Doc. 2016–22239 Filed 9–15–16; 8:45 am] ACTION: Final rule. requires that each state adopt and
BILLING CODE 6560–50–P submit a SIP for the implementation,
SUMMARY: The Environmental Protection maintenance and enforcement of each
Agency (EPA) is taking final action to NAAQS promulgated by EPA, which is
ENVIRONMENTAL PROTECTION approve in part, and disapprove in part, commonly referred to as an
AGENCY portions of the State Implementation ‘‘infrastructure’’ SIP. The MDEQ
Plan (SIP) submission, submitted by the certified that the Mississippi SIP
40 CFR Part 52
State of Mississippi, through the contains provisions that ensure the 2010
[EPA–R04–OAR–2014–0751; FRL–9952–33– Mississippi Department of NO2 NAAQS are implemented,
Region 4] Environmental Quality (MDEQ) on enforced, and maintained in
Lhorne on DSK30JT082PROD with RULES
February 28, 2013, to demonstrate that Mississippi. With the exception of the
Air Plan Approval/Disapproval; MS the State meets the infrastructure state board majority requirements
Infrastructure Requirements for the
requirements of the Clean Air Act (CAA respecting significant portion of income,
2010 NO2 NAAQS
or Act) for the 2010 1-hour nitrogen for which EPA is disapproving, EPA has
AGENCY: Environmental Protection dioxide (NO2) national ambient air determined portions of Mississippi’s SIP
Agency (EPA). quality standards (NAAQS). The CAA submission, provided to EPA on
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![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63707
application of those requirements would report containing this action and other reference, Intergovernmental relations,
be inconsistent with the CAA; and required information to the U.S. Senate, Nitrogen dioxide, Ozone, Reporting and
• does not provide EPA with the the U.S. House of Representatives, and recordkeeping requirements, Volatile
discretionary authority to address, as the Comptroller General of the United organic compounds.
appropriate, disproportionate human States prior to publication of the rule in Dated: September 2, 2016.
health or environmental effects, using the Federal Register. A major rule
V. Anne Heard,
practicable and legally permissible cannot take effect until 60 days after it
methods, under Executive Order 12898 Acting Regional Administrator, Region 4.
is published in the Federal Register.
(59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as 40 CFR part 52 is amended as follows:
The SIP is not approved to apply on defined by 5 U.S.C. 804(2).
any Indian reservation land or in any Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND
other area where EPA or an Indian tribe petitions for judicial review of this PROMULGATION OF
has demonstrated that a tribe has action must be filed in the United States IMPLEMENTATION PLANS
jurisdiction. In those areas of Indian Court of Appeals for the appropriate
country, the rule does not have tribal circuit by November 15, 2016. Filing a ■ 1. The authority citation for part 52
implications as specified by Executive petition for reconsideration by the continues to read as follows:
Order 13175 (65 FR 67249, November 9, Administrator of this final rule does not Authority: 42.U.S.C. 7401 et seq.
2000), nor will it impose substantial affect the finality of this action for the
direct costs on tribal governments or purposes of judicial review nor does it Subpart Z—Mississippi
preempt tribal law. extend the time within which a petition
The Congressional Review Act, 5 for judicial review may be filed, and ■ 2. Section 52.1270(e), is amended by
U.S.C. 801 et seq., as added by the Small shall not postpone the effectiveness of adding an entry for ‘‘110(a)(1) and (2)
Business Regulatory Enforcement such rule or action. This action may not Infrastructure Requirements for the 2010
Fairness Act of 1996, generally provides be challenged later in proceedings to 1-hour NO2 National Ambient Air
that before a rule may take effect, the enforce its requirements. See section Quality Standard’’ at the end of the table
agency promulgating the rule must 307(b)(2). to read as follows:
submit a rule report, which includes a
copy of the rule, to each House of the List of Subjects in 40 CFR Part 52 § 52.1270 Identification of plan.
Congress and to the Comptroller General Environmental protection, Air * * * * *
of the United States. EPA will submit a pollution control, Incorporation by (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
State
Applicable
Name of submittal
geographic or
nonregulatory date/ EPA approval date Explanation
nonattainment
SIP provision effective
area date
* * * * * * *
110(a)(1) and (2) Infrastruc- Mississippi ..... 02/28/2013 09/16/2016, [Insert With the exception of sections: 110(a)(2)(C) and (J)
ture Requirements for the Federal Register concerning PSD permitting requirements;
2010 1-hour NO2 Na- citation]. 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) con-
tional Ambient Air Quality cerning interstate transport requirements and the
Standard. state board majority requirements respecting signifi-
cant portion of income of section 110(a)(2)(E)(ii).
■ 3. Section 52.1272 is amended by significant portion of income from ENVIRONMENTAL PROTECTION
adding a paragraph (d) to read as persons subject to permits or AGENCY
follows: enforcement orders issued by the
Mississippi Boards, and therefore, its 40 CFR Part 180
§ 52.1272 Approval status.
current SIP does not meet the section [EPA–HQ–OPP–2015–0742; FRL–9951–44]
* * * * * 128(a)(1) majority requirements
(d) Disapproval. Submittal from the respecting significant portion of income Aspergillus flavus strains TC16F,
State of Mississippi, through the for the 2010 1-hour NO2 NAAQS. TC35C, TC38B, and TC46G; Temporary
Mississippi Department of [FR Doc. 2016–22226 Filed 9–15–16; 8:45 am]
Exemptions From the Requirement of
Environmental Quality (MDEQ) on a Tolerance
BILLING CODE 6560–50–P
February 28, 2013, to address the Clean AGENCY: Environmental Protection
Air Act section 110(a)(2)(E)(ii) for the Agency (EPA).
2010 1-hour nitrogen dioxide (NO2) ACTION: Final rule.
National Ambient Air Quality Standards
(NAAQS) concerning state board SUMMARY: This regulation establishes
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majority requirements respecting temporary exemptions from the
significant portion of income of section requirement of a tolerance for residues
128(a)(1). EPA is disapproving MDEQ’s of Aspergillus flavus strains TC16F,
submittal with respect to section TC35C, TC38B, and TC46G in or on the
110(a)(2)(E)(ii) because a majority of food and feed commodities of corn,
board members may still derive a field; corn, pop; and corn, sweet when
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Document Created: 2016-09-16 00:25:53
Document Modified: 2016-09-16 00:25:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 17, 2016. | |
| Contact | Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached via electronic mail at [email protected] | |
| FR Citation | 81 FR 63705 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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