81 FR 93822 - Air Plan Approval; Mississippi; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 246 (December 22, 2016)
Federal Register Volume 81, Issue 246 (December 22, 2016)
| Page Range | 93822-93824 | |
| FR Document | 2016-30641 |
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)] [Rules and Regulations] [Pages 93822-93824] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30641] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0421; FRL-9957-09-Region 4] Air Plan Approval; Mississippi; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2 Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a revision to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality, on May 23, 2016, addressing the Clean Air Act (CAA or Act) interstate transport (prongs 1 and 2) infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide (NO2 ) 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, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is approving Mississippi's May 23, 2016, SIP submission addressing prongs 1 and 2, [[Page 93823]] to ensure that air emissions in the State do not significantly contribute to nonattainment or interfere with maintenance of the 2010 1-hour NO2 NAAQS in any other state. DATES: This rule is effective January 23, 2017. ADDRESSES: EPA has established a docket for these actions under Docket Identification No EPA-R04-OAR-2016-0421. 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: Nacosta C. Ward 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. Ms. Ward can be reached by telephone at (404) 562-9140 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 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) and from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. Through this action, EPA is approving Mississippi's May 23, 2016, SIP submission addressing prong 1 and prong 2 requirements for the 2010 1-hour NO2 NAAQS. All other applicable infrastructure SIP requirements for Mississippi for the 2010 1-hour NO2 NAAQS have been addressed in separate rulemakings. See 80 FR 14019 (March 18, 2015), 81 FR 32707 (May 24, 2016), and 81 FR 33139 (May 25, 2016). In a notice of proposed rulemaking (NPRM) published on September 28, 2016 (81 FR 66591), EPA proposed to approve Mississippi's May 23, 2016, SIP revision addressing the interstate transport requirements for the 2010 NO2 NAAQS. The NPRM provides additional detail regarding the rationale for EPA's actions, including further discussion of the requirements for prongs 1 and 2. Comments on the proposed rulemaking were due on or before October 28, 2016. EPA received no adverse comments on the proposed action. II. Final Action As described previously, EPA is approving approve Mississippi's May 23, 2016, SIP submission addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS. 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 [[Page 93824]] 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 rules do not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are 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 these actions must be filed in the United States Court of Appeals for the appropriate circuit by February 21, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of these actions 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. These actions 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. Dated: December 6, 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 52.1270(e) is amended by adding a new entry ``Good Neighbor Provisions (Section 110(a)(2)(D)(i)(I)) for the 2010 1-hour NO 2 NAAQS'' 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 non-regulatory SIP Applicable geographic or date/effective EPA approval Explanation provision nonattainment area date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Good Neighbor Provisions Mississippi............... 5/23/2016 12/22/16, ............... (Section 110(a)(2)(D)(i)(I) [Insert Federal for the 2010 1-hour NO2 NAAQS. Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-30641 Filed 12-21-16; 8:45 am] BILLING CODE 6560-50-P
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reservation land or in any other area 2017. Filing a petition for Date,’’ Rule 420 ‘‘Standards for Granting
where the EPA or an Indian tribe has reconsideration by the Administrator of Applications,’’ and Rule 421
demonstrated that a tribe has this final rule does not affect the finality ‘‘Conditional Approval’’.
jurisdiction, and will not impose of this rule for the purposes of judicial (9) Previously approved on May 2,
substantial direct costs on tribal review nor does it extend the time 2001 in paragraph (c)(168)(i)(A)(4) of
governments or preempt tribal law. within which a petition for judicial this section and now deleted with
Thus, Executive Order 13175 does not review may be filed, and shall not replacement in paragraph
apply to this action. postpone the effectiveness of such rule (c)(457)(i)(C)(2): Rule 424 ‘‘State
or action. This action may not be Implementation Plan.’’
G. Executive Order 13045: Protection of
challenged later in proceedings to * * * * *
Children From Environmental Health
enforce its requirements (see section (222) * * *
Risks and Safety Risks
307(b)(2)). (i) * * *
The EPA interprets Executive Order (E) * * *
13045 as applying only to those List of Subjects in 40 CFR Part 52
(2) Previously approved on May 2,
regulatory actions that concern Environmental protection, Air 2001 in paragraph (c)(222)(i)(E)(1) of
environmental health or safety risks that pollution control, Incorporation by this section and now deleted with
the EPA has reason to believe may reference, Intergovernmental relations, replacement in paragraph
disproportionately affect children, per New Source Review, Ozone, Particulate (c)(457)(i)(C)(2): Rule 403 ‘‘Permit to
the definition of ‘‘covered regulatory matter, Reporting and recordkeeping Operate.’’
action’’ in section 2–202 of the requirements, Volatile organic * * * * *
Executive Order. This action is not compounds. (457) * * *
subject to Executive Order 13045 Authority: 42 U.S.C. 7401 et seq. (i) * * *
because it does not impose additional (C) * * *
requirements beyond those imposed by Dated: October 31, 2016.
(2) Rule 400, ‘‘Permit Requirements,’’
state law. Alexis Strauss, amended on April 24, 2014.
Acting Regional Administrator, Region IX. (3) Rule 401, ‘‘Permit Exemptions,’’
H. Executive Order 13211: Actions That
Part 52, chapter I, title 40 of the Code amended on April 24, 2014.
Significantly Affect Energy Supply,
of Federal Regulations is amended as (4) Rule 432, ‘‘Federal New Source
Distribution, or Use
follows: Review,’’ amended on April 24, 2014.
This action is not subject to Executive * * * * *
Order 13211, because it is not a PART 52 [AMENDED] [FR Doc. 2016–30644 Filed 12–21–16; 8:45 am]
significant regulatory action under BILLING CODE 6560–50–P
Executive Order 12866. ■ 1. The authority citation for part 52
continues to read as follows:
I. National Technology Transfer and
Advancement Act (NTTAA) Authority: 42 U.S.C. 7401 et seq. ENVIRONMENTAL PROTECTION
AGENCY
Section 12(d) of the NTTAA directs Subpart F—California
the EPA to use voluntary consensus 40 CFR Part 52
standards in its regulatory activities ■ 2. Section 52.220 is amended by
adding paragraphs (b)(15), [EPA–R04–OAR–2016–0421; FRL–9957–09–
unless to do so would be inconsistent Region 4]
with applicable law or otherwise (c)(168)(i)(A)(8) and (9), (c)(222)(i)(E)(2),
impractical. The EPA believes that this and (c)(457)(i)(C)(2), (3) and (4) to read Air Plan Approval; Mississippi;
action is not subject to the requirements as follows: Interstate Transport (Prongs 1 and 2)
of section 12(d) of the NTTAA because for the 2010 1-Hour NO2 Standard
§ 52.220 Identification of plan—in part.
application of those requirements would
be inconsistent with the CAA. * * * * * AGENCY: Environmental Protection
(b) * * * Agency (EPA).
J. Executive Order 12898: Federal (15) Butte County Air Quality ACTION: Final rule.
Actions To Address Environmental Management District.
Justice in Minority Populations and (i) Previously approved on May 31, SUMMARY: The Environmental Protection
Low-Income Population 1972 in paragraph (b) of this section and Agency (EPA) is approving a revision to
The EPA lacks the discretionary now deleted with replacement the Mississippi State Implementation
authority to address environmental paragraphs (c)(457)(i)(C)(2) and (3), Plan (SIP), submitted by the Mississippi
justice in this rulemaking. respectively: Rule 405 ‘‘Permit Department of Environmental Quality,
Conditions’’ and Rule 04–04 on May 23, 2016, addressing the Clean
K. Congressional Review Act (CRA) ‘‘Exemptions from Permit Air Act (CAA or Act) interstate transport
This action is subject to the CRA, and Requirements.’’ (prongs 1 and 2) infrastructure SIP
the EPA will submit a rule report to (c) * * * requirements for the 2010 1-hour
each House of the Congress and to the (168) * * * Nitrogen Dioxide (NO2) National
Comptroller General of the United (i) * * * Ambient Air Quality Standard
States. This action is not a ‘‘major rule’’ (A) * * * (NAAQS). The CAA requires that each
as defined by 5 U.S.C. 804(2). (8) Previously approved on February state adopt and submit a SIP for the
3, 1987 in paragraph (c)(168)(i)(A)(1) of implementation, maintenance, and
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L. Petitions for Judicial Review this section and now deleted with enforcement of each NAAQS
Under section 307(b)(1) of the Clean replacement in paragraph promulgated by EPA, commonly
Air Act, petitions for judicial review of (c)(457)(i)(C)(2): Rule 401 ‘‘General referred to as an ‘‘infrastructure SIP.’’
this action must be filed in the United Requirements,’’ Rule 402 ‘‘Authority to Specifically, EPA is approving
States Court of Appeals for the Construct,’’ Rule 406 ‘‘Emission Mississippi’s May 23, 2016, SIP
appropriate circuit by February 21, Calculations,’’ Rule 407 ‘‘Anniversary submission addressing prongs 1 and 2,
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![93824 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
appropriate, disproportionate human Representatives, and the Comptroller reference, Intergovernmental relations,
health or environmental effects, using General of the United States prior to Nitrogen dioxide, Ozone, Reporting and
practicable and legally permissible publication of the rule in the Federal recordkeeping requirements.
methods, under Executive Order 12898 Register. A major rule cannot take effect Dated: December 6, 2016.
(59 FR 7629, February 16, 1994). until 60 days after it is published in the
Heather McTeer Toney,
The SIP is not approved to apply on Federal Register. These actions are not
any Indian reservation land or in any Regional Administrator, Region 4.
a ‘‘major rule’’ as defined by 5 U.S.C.
other area where EPA or an Indian tribe 804(2). 40 CFR part 52 is amended as follows:
has demonstrated that a tribe has Under section 307(b)(1) of the CAA,
jurisdiction. In those areas of Indian petitions for judicial review of these PART 52—APPROVAL AND
country, the rules do not have tribal actions must be filed in the United PROMULGATION OF
implications as specified by Executive States Court of Appeals for the IMPLEMENTATION PLANS
Order 13175 (65 FR 67249, November 9, appropriate circuit by February 21,
2000), nor will they impose substantial 2017. Filing a petition for
■ 1. The authority citation for part 52
direct costs on tribal governments or reconsideration by the Administrator of
continues to read as follows:
preempt tribal law. this final rule does not affect the finality
The Congressional Review Act, 5 of these actions for the purposes of Authority: 42 U.S.C. 7401 et seq.
U.S.C. 801 et seq., as added by the Small judicial review nor does it extend the
Business Regulatory Enforcement time within which a petition for judicial Subpart Z—Mississippi
Fairness Act of 1996, generally provides review may be filed, and shall not
that before a rule may take effect, the postpone the effectiveness of such rule ■ 2. Section 52.1270(e) is amended by
agency promulgating the rule must or action. These actions may not be adding a new entry ‘‘Good Neighbor
submit a rule report, which includes a challenged later in proceedings to Provisions (Section 110(a)(2)(D)(i)(I)) for
copy of the rule, to each House of the enforce its requirements. See section the 2010 1-hour NO2 NAAQS’’ at the
Congress and to the Comptroller General 307(b)(2). end of the table to read as follows:
of the United States. EPA will submit a
List of Subjects in 40 CFR Part 52 § 52.1270 Identification of plan.
report containing these actions and
other required information to the U.S. Environmental protection, Air * * * * *
Senate, the U.S. House of pollution control, Incorporation by (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable geographic State submittal
Name of non-regulatory SIP provision EPA approval date Explanation
or nonattainment area date/effective date
* * * * * * *
Good Neighbor Provisions (Section Mississippi .................. 5/23/2016 12/22/16, [Insert Federal Register citation] ..........
110(a)(2)(D)(i)(I) for the 2010 1-hour NO2
NAAQS.
[FR Doc. 2016–30641 Filed 12–21–16; 8:45 am] commodities. The time-limited information about the docket available
BILLING CODE 6560–50–P tolerances expire on December 31, 2019. at http://www.epa.gov/dockets.
DATES: This regulation is effective FOR FURTHER INFORMATION CONTACT:
December 22, 2016. Objections and Michael L. Goodis, Registration Division
ENVIRONMENTAL PROTECTION requests for hearings must be received (7505P), Office of Pesticide Programs,
AGENCY on or before February 21, 2017, and Environmental Protection Agency, 1200
must be filed in accordance with the Pennsylvania Ave. NW., Washington,
40 CFR Part 180 DC 20460–0001; main telephone
instructions provided in 40 CFR part
[EPA–HQ–OPP–2016–0236; FRL–9954–47] 178 (see also Unit I.C. of the number: (703) 305–7090; email address:
SUPPLEMENTARY INFORMATION). RDFRNotices@epa.gov.
Bifenthrin; Pesticide Tolerances for SUPPLEMENTARY INFORMATION:
ADDRESSES: The docket for this action,
Emergency Exemptions
identified by docket identification (ID) I. General Information
AGENCY: Environmental Protection number EPA–HQ–OPP–2016–0236, is
Agency (EPA). available at http://www.regulations.gov A. Does this action apply to me?
ACTION: Final rule. or at the Office of Pesticide Programs You may be potentially affected by
Regulatory Public Docket (OPP Docket) this action if you are an agricultural
SUMMARY: This regulation establishes in the Environmental Protection Agency producer, food manufacturer, or
time-limited tolerances for residues of Docket Center (EPA/DC), West William pesticide manufacturer. The following
bifenthrin in or on avocado and Jefferson Clinton Bldg., Rm. 3334, 1301 list of North American Industrial
pomegranate. This action is in response Constitution Ave. NW., Washington, DC Classification System (NAICS) codes is
to EPA’s granting of an emergency 20460–0001. The Public Reading Room not intended to be exhaustive, but rather
exemption under the Federal is open from 8:30 a.m. to 4:30 p.m., provides a guide to help readers
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Insecticide, Fungicide, and Rodenticide Monday through Friday, excluding legal determine whether this document
Act (FIFRA) authorizing use of the holidays. The telephone number for the applies to them. Potentially affected
pesticide on avocado and pomegranate. Public Reading Room is (202) 566–1744, entities may include:
This regulation establishes a and the telephone number for the OPP • Crop production (NAICS code 111).
maximum permissible level for residues Docket is (703) 305–5805. Please review • Animal production (NAICS code
of bifenthrin in or on these the visitor instructions and additional 112).
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Document Created: 2016-12-21 23:52:41
Document Modified: 2016-12-21 23:52:41
| 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 is effective January 23, 2017. | |
| Contact | Nacosta C. Ward 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. Ms. Ward can be reached by telephone at (404) 562-9140 or via electronic mail at [email protected] | |
| FR Citation | 81 FR 93822 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone and Reporting and Recordkeeping Requirements |
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