81 FR 89391 - Air Plan Approval/Disapproval; MS; Infrastructure Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 238 (December 12, 2016)
Federal Register Volume 81, Issue 238 (December 12, 2016)
| Page Range | 89391-89393 | |
| FR Document | 2016-29593 |
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)] [Rules and Regulations] [Pages 89391-89393] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29593] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0424; FRL-9956-35-Region 4] Air Plan Approval/Disapproval; MS; Infrastructure Requirements for the 2012 PM2.5 National Ambient Air Quality Standard AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve, in part, and disapprove in part, the State Implementation Plan (SIP) submission, submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), on December 11, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5 ) national ambient air quality standard (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 submission.'' MDEQ certified that the Mississippi SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in Mississippi. With the exception of the PSD permitting requirements and the interstate transport provisions, for which EPA is not acting upon, and the state board majority requirements respecting significant portion of income, for which EPA is finalizing disapproval, EPA is finalizing that portions of Mississippi's infrastructure submission, submitted to EPA on December 11, 2015, as satisfying certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: This rule will be effective January 11, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0424. 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 [[Page 89392]] 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 via electronic mail at [email protected] or via telephone at (404) 562-9088. SUPPLEMENTARY INFORMATION: I. Background and Overview On December 14, 2012, EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/m \3\) to 12.0 [mu]g/m \3\. See 78 FR 3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable 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 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. In a proposed rulemaking published on June 8, 2016 (81 FR 36848), EPA proposed to approve in part and disapprove in part Mississippi's December 11, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS. In the June 8, 2016 proposed rulemaking, EPA proposed to disapprove the state board majority requirements respecting significant portion of income of 110(a)(2)(E)(ii). Also in the June 8, 2016 proposal, EPA did not propose any action regarding the preconstruction PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of (D)(i), and (J), and the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). On March 18, 2015 (80 FR 14019), EPA approved Mississippi's December 11, 2015, 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 2012 Annual PM2.5 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 finalized a rule related to prong 4 of 110(a)(2)(D)(i)(II) of Mississippi's December 11, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS and will therefore not be acting upon this element today. See 81 FR 33139. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these requirements in relation to Mississippi's 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. The details of Mississippi's submission and the rationale for EPA's actions for this final rule are explained in the June 8, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before July 8, 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 December 11, 2015, 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 section 110(a)(2)(E)(ii) provisions (the provisions being proposed for disapproval in this notice) were 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 noted above, EPA is taking final action to approve Mississippi's infrastructure SIP submission for the 2012 Annual PM2.5 NAAQS because the submission is 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 (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 [[Page 89393]] 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 February 10, 2017. 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 28, 2016. Heather McTeer Toney, 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 a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5 NAAQS'' at the end of the table to read as follows: Sec. 52. 1270 Identification of plan. * * * * * (e) * * * EPA Approved Mississippi Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State submittal provision nonattainment date/effective EPA approval date Explanation area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Mississippi...... 12/11/2015 12/12/2016, With the exception of Infrastructure Requirements [Insert citation sections: for the 2012 Annual PM 2.5 of publication 110(a)(2)(C) and (J) NAAQS. in Federal concerning PSD Register]. 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). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-29593 Filed 12-9-16; 8:45 am] BILLING CODE 6560-50-P
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(2) A medication that— (i) A medication must meet all of the ACTION: Final rule.
(i) Has been and remains approved by following criteria:
the FDA pursuant to FDCA section (A) The VA acquisition cost for the SUMMARY: The Environmental Protection
505(b)(1) or PHSA section 351(a); medication is less than or equal to $10 Agency (EPA) is taking final action to
(ii) Which is referenced by at least one for a 30-day supply of medication; approve, in part, and disapprove in part,
FDA-approved product that meets the (B) The medication is not a topical the State Implementation Plan (SIP)
criteria of paragraph (b)(1)(iv)(A)(1) of cream, a product used to treat submission, submitted by the State of
this section; and musculoskeletal conditions, an Mississippi, through the Mississippi
(iii) Which is covered by a contracting antihistamine, or a steroid-containing Department of Environmental Quality
strategy in place with pricing such that medication; (MDEQ), on December 11, 2015, to
it is lower in cost than other generic (C) The medication is available on the demonstrate that the State meets the
sources. VA National Formulary; infrastructure requirements of the Clean
(3) A medication that— (D) The medication is not an Air Act (CAA or Act) for the 2012
(i) Has been and remains approved by antibiotic that is primarily used for annual fine particulate matter (PM2.5)
the FDA pursuant to FDCA section short periods of time to treat infections; national ambient air quality standard
505(b)(1) or PHSA section 351(a); and and (NAAQS). The CAA requires that each
(ii) Has the same active ingredient or (E) The medication primarily is used state adopt and submit a SIP for the
active ingredients, works in the same to either treat or manage a chronic implementation, maintenance and
way and in a comparable amount of condition, or to reduce the risk of enforcement of each NAAQS
time, and is determined by VA to be adverse health outcomes secondary to promulgated by EPA, which is
substitutable for another medication the chronic condition, for example, commonly referred to as an
that has been and remains approved by medications used to treat high blood ‘‘infrastructure SIP submission.’’ MDEQ
the FDA pursuant to FDCA section pressure to reduce the risks of heart certified that the Mississippi SIP
505(b)(1) or PHSA section 351(a). This attack, stroke, and kidney failure. For contains provisions that ensure the 2012
may include but is not limited to insulin purposes of this section, conditions that Annual PM2.5 NAAQS is implemented,
and levothyroxine. typically are known to persist for 3 enforced, and maintained in
(4) A listed drug, as defined in 21 CFR months or more will be considered Mississippi. With the exception of the
314.3, that has been approved under chronic. PSD permitting requirements and the
(ii) The medication must be among interstate transport provisions, for
FDCA section 505(c) and is marketed,
the top 75 most commonly prescribed which EPA is not acting upon, and the
sold, or distributed directly or indirectly
multi-source medications that meet the state board majority requirements
to retail class of trade with either
criteria in paragraph (b)(2)(i) of this respecting significant portion of income,
labeling, packaging (other than
section, based on the number of for which EPA is finalizing disapproval,
repackaging as the listed drug in blister
prescriptions issued for a 30-day or less EPA is finalizing that portions of
packs, unit doses, or similar packaging
supply on an outpatient basis during a Mississippi’s infrastructure submission,
for use in institutions), product code,
fixed period of time. submitted to EPA on December 11,
labeler code, trade name, or trademark (iii) VA must determine that the
that differs from that of the listed drug. 2015, as satisfying certain required
medication identified provides infrastructure elements for the 2012
(B) Tier 1 medication means a multi- maximum clinical value consistent with
source medication that has been Annual PM2.5 NAAQS.
budgetary resources. DATES: This rule will be effective
identified using the process described in (3) Information on Tier 1 medications.
paragraph (b)(2) of this section. January 11, 2017.
Not less than once per year, VA will
(C) Tier 2 medication means a multi- publish a list of Tier 1 medications in ADDRESSES: EPA has established a
source medication that is not identified the Federal Register and on VA’s Web docket for this action under Docket
using the process described in site at www.va.gov/health. Identification No. EPA–R04–OAR–
paragraph (b)(2) of this section. (4) Veterans Choice Program. * * * 2014–0424. All documents in the docket
(D) Tier 3 medication means a (5) Copayment cap. The total amount are listed on the www.regulations.gov
medication approved by the FDA under of copayments for medications in a Web site. Although listed in the index,
a New Drug Application (NDA) or a calendar year for an enrolled veteran some information is not publicly
biological product approved by the FDA will not exceed $700. available, i.e., Confidential Business
pursuant to a biologics license * * * * * Information or other information whose
agreement (BLA) that retains its patent [FR Doc. 2016–29515 Filed 12–9–16; 8:45 am] disclosure is restricted by statute.
protection and exclusivity and is not a BILLING CODE 8320–01–P
Certain other material, such as
multi-source medication identified in copyrighted material, is not placed on
paragraph (b)(1)(iv)(A)(3) or (4) of this the Internet and will be publicly
section. available only in hard copy form.
ENVIRONMENTAL PROTECTION
(2) Determining Tier 1 medications. Publicly available docket materials are
AGENCY
Not less than once per year, VA will available either electronically through
identify a subset of multi-source 40 CFR Part 52 www.regulations.gov or in hard copy at
medications as Tier 1 medications using the Air Regulatory Management Section,
the criteria below. Only medications [EPA–R04–OAR–2014–0424; FRL–9956–35– Air Planning and Implementation
that meet all of the criteria in Region 4] Branch, Air, Pesticides and Toxics
mstockstill on DSK3G9T082PROD with RULES
paragraphs (b)(2)(i), (ii), and (iii) will be Management Division, U.S.
Air Plan Approval/Disapproval; MS;
eligible to be considered Tier 1 Environmental Protection Agency,
Infrastructure Requirements for the
medications, and only those Region 4, 61 Forsyth Street SW.,
2012 PM2.5 National Ambient Air
medications that meet all of the criteria Atlanta, Georgia 30303–8960. EPA
Quality Standard
in paragraph (b)(2)(i) of this section will requests that if at all possible, you
be assessed using the criteria in AGENCY: Environmental Protection contact the person listed in the FOR
paragraphs (b)(2)(ii) and (iii). Agency. FURTHER INFORMATION CONTACT section to
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![Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations 89393
report containing this action and other extend the time within which a petition PART 52—APPROVAL AND
required information to the U.S. Senate, for judicial review may be filed, and PROMULGATION OF
the U.S. House of Representatives, and shall not postpone the effectiveness of IMPLEMENTATION PLANS
the Comptroller General of the United such rule or action. This action may not
States prior to publication of the rule in be challenged later in proceedings to ■ 1. The authority citation for part 52
the Federal Register. A major rule enforce its requirements. See section continues to read as follows:
cannot take effect until 60 days after it 307(b)(2).
Authority: 42 U.S.C. 7401 et seq.
is published in the Federal Register. List of Subjects in 40 CFR Part 52
This action is not a ‘‘major rule’’ as Subpart Z—Mississippi
defined by 5 U.S.C. 804(2). Environmental protection, Air
pollution control, Incorporation by
Under section 307(b)(1) of the CAA, reference, Intergovernmental relations, ■ 2. Section 52.1270(e) is amended by
petitions for judicial review of this Particulate matter, Reporting and adding a new entry ‘‘110(a)(1) and (2)
action must be filed in the United States recordkeeping requirements, Volatile Infrastructure Requirements for the 2012
Court of Appeals for the appropriate organic compounds. Annual PM 2.5 NAAQS’’ at the end of the
circuit by February 10, 2017. Filing a table to read as follows:
petition for reconsideration by the Dated: November 28, 2016.
Heather McTeer Toney, § 52. 1270 Identification of plan.
Administrator of this final rule does not
affect the finality of this action for the Acting Regional Administrator, Region 4. * * * * *
purposes of judicial review nor does it 40 CFR part 52 is amended as follows: (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory Applicable geographic State submittal EPA approval date Explanation
SIP provision or nonattainment area date/effective date
* * * * * * *
110(a)(1) and (2) Infra- Mississippi ................... 12/11/2015 12/12/2016, [Insert ci- With the exception of sections: 110(a)(2)(C)
structure Require- tation of publication and (J) concerning PSD permitting require-
ments for the 2012 in Federal Register]. ments; 110(a)(2)(D)(i)(I) and (II) (prongs 1
Annual PM 2.5 through 4) concerning interstate transport
NAAQS. requirements and the state board majority
requirements respecting significant portion
of income of section 110(a)(2)(E)(ii).
[FR Doc. 2016–29593 Filed 12–9–16; 8:45 am] modifications to the Uniform 19, 2014 (79 FR 75871) and the
BILLING CODE 6560–50–P Administrative Requirements adopted technical amendments published by
prior regulatory language that was not in HHS on January 20, 2016 (81 FR 3004).
conflict with OMB’s language, and HHS codified the OMB language, with
DEPARTMENT OF HEALTH AND provided additional guidance to the noted modifications, in 45 CFR part 75.
HUMAN SERVICES regulated community. Unlike all of the Unlike all of the other modifications to
other modifications to the Uniform the Uniform Administrative
45 CFR Part 75 Administrative Requirements, these Requirements, these additional changes,
additional changes, although based on although based on existing law or HHS
RIN 0991–AC06 existing law or HHS policy, were not policy, were not previously codified in
previously codified in regulation. HHS regulation. This final rule implements
Health and Human Services Grants sought comment on these proposed these regulatory changes.
Regulation changes in a notice of proposed HHS received 24 relevant comments
AGENCY: Division of Grants, Office of rulemaking published on July 13, 2016. on the notice of proposed rulemaking,
Grants Policy, Oversight, and This final rule implements these half of which were strongly supportive
Evaluation, Office of the Assistant regulatory changes. It also corrects one of the proposed rule. HHS addresses all
Secretary for Financial Resources, typographical error that was recently of the comments below.
Department of Health and Human discovered in the most recent
promulgation of the Uniform A. Nondiscrimination Provisions
Services.
ACTION: Final rule.
Administrative Requirements. Comment: HHS received twelve
DATES: This rule is effective on January comments on these provisions, all of
SUMMARY: This final rule makes changes 11, 2017. which were strongly supportive of the
to the Department of Health and Human FOR FURTHER INFORMATION CONTACT: codification of the nondiscrimination
Services’ (HHS) adoption of the Office Quadira Dantro, MSHS, CRA at (202) provisions in HHS awards and the
of Management and Budget’s (OMB) 260–6825. recognition of same-sex marriages.
(‘‘Uniform Administrative SUPPLEMENTARY INFORMATION: Several of these supportive comments
mstockstill on DSK3G9T082PROD with RULES
Requirements’’) published on December also provided additional areas for
19, 2014 and the technical amendments Background consideration specifically regarding the
published by HHS on January 20, 2016. This final rule makes changes to the definition of discrimination on the basis
HHS codified the OMB language, with HHS’s adoption of the Uniform of sex. Collectively, the comments
noted modifications as explained in the Administrative Requirements, Cost indicated that HHS should define
preamble to the December Principles, and Audit Requirements for discrimination on the basis of sex
promulgation. The HHS-specific Federal Awards published on December explicitly to include discrimination on
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Document Created: 2018-02-14 09:05:20
Document Modified: 2018-02-14 09:05:20
| 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 January 11, 2017. | |
| 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 via electronic mail at [email protected] or via telephone at (404) 562-9088. | |
| FR Citation | 81 FR 89391 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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