83 FR 50014 - Air Plan Approval; MS; Section 128 Board Requirements for Infrastructure SIPs
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 193 (October 4, 2018)
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50014-50018 | |
| FR Document | 2018-21193 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Rules and Regulations] [Pages 50014-50018] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21193] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0546; FRL-9984-53-Region 4] Air Plan Approval; MS; Section 128 Board Requirements for Infrastructure SIPs AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a State Implementation Plan (SIP) submission, submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), on June 26, 2018. This SIP submission addresses specific Clean Air Act (CAA or Act) requirements applicable to Mississippi state boards or bodies that approve CAA permits or enforcement orders. This submission also specifically addresses related requirements for implementation of the following national ambient air quality standards (NAAQS): 2008 8-hour Ozone, 2008 Lead, 2010 Nitrogen Dioxide (NO2 ), 2010 Sulfur Dioxide (SO2 ), and 1997, 2006 and 2012 fine particulate matter (PM2.5 ). Whenever EPA promulgates a new or revised NAAQS, the CAA requires the state to make a new SIP submission establishing that the existing SIP meets the various applicable requirements, or revising the SIP to meet those requirements. This type of SIP submission is commonly referred to as an ``infrastructure'' SIP. In this final action, EPA is approving the June 26, 2018, submission with respect to the CAA requirements applicable to state boards; and the related state board infrastructure SIP requirements for the 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , 2010 SO2 and 1997, 2006 and 2012 PM2.5 , NAAQS. This action removes EPA's obligation to promulgate a Federal Implementation Plan (FIP) to address these CAA state board requirements for Mississippi. DATES: This rule will be effective November 5, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0546. All documents in the docket are listed on the www.regulations.gov website. 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. [[Page 50015]] FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at ward.nacosta@epa.gov. SUPPLEMENTARY INFORMATION: I. Background States must submit infrastructure SIP submissions meeting the applicable requirements of sections 110(a)(1) and (2) of the CAA within three years after EPA's promulgation of a new or revised NAAQS. Sections 110(a)(1) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance of the new or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIP submissions. Section 110(a)(2) lists specific requirements that states must meet for ``infrastructure'' SIP purposes, as applicable, related to the newly established or revised NAAQS. In particular, section 110(a)(2)(E)(ii) requires states to include provisions in their SIP to address the state board requirements of section 128. Section 128 of the CAA requires that states include provisions in their SIP that require that any state board or body which approves permits or enforcement orders shall have a majority of members who represent the public interest and do not receive a significant portion of their income from parties subject to such permits or enforcement orders (section 128(a)(1)); and require that the members of any such board or body, or the head of an executive agency with similar power to approve permits or enforcement orders under the CAA, shall adequately disclose potential conflicts of interest (section 128(a)(2)). In a notice of proposed rulemaking (NPRM) published on March 30, 2018 (83 FR 13712), EPA proposed to approve Mississippi's June 23, 2017, and February 2, 2018, parallel processing submissions related to the state board requirements as meeting the significant portion of income requirements of section 128(a)(1), and also as meeting the infrastructure requirements of section 110(a)(2)(E)(ii) for the 1997, 2006, and 2012 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS. In the NPRM, EPA also proposed approval of the new supplemental provisions regarding representation of the public interest of section 128(a)(1) for the MDEQ Permit Board and Mississippi Commission on Environmental Quality, and disclosure of potential conflicts of interest of section 128(a)(2) for the Mississippi Commission on Environmental Quality. The details of Mississippi's submissions and the rationale for EPA's actions related to how Mississippi addressed the requirements of section 128 and the related infrastructure section 110(a)(2)(E)(ii) requirements for the aforementioned NAAQS are explained in the NPRM. EPA is finalizing its proposed approval of Mississippi's June 26, 2018 \1\ submission to incorporate into its SIP certain regulatory provisions to address the significant portion of income requirement of section 128(a)(1). As a result of the addition of these new SIP provisions to meet the requirements of section 128(a)(1), EPA is also finalizing approval of this submission as satisfying the section 110(a)(2)(E)(ii) infrastructure requirement for the 1997, 2006, and 2012 PM2.5 , 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , and 2010 SO2 NAAQS. This final action fully addresses the SIP deficiencies related to section 110(a)(2)(E)(ii) and section 128 from EPA's prior disapprovals of infrastructure SIP submissions for the 2008 8-hour Ozone NAAQS on March 2, 2015 (80 FR 11133), 2008 lead NAAQS on March 30, 2015 (80 FR 16566), 2010 NO2 NAAQS on August 16, 2016 (81 FR 63705), 2010 SO2 NAAQS on September 30, 2016 (81 FR 67171), and 2012 PM2.5 NAAQS on December 12, 2016 (81 FR 89391). Thus, this final action also satisfies EPA's FIP obligation with regard to that infrastructure SIP requirement for these NAAQS based on the prior disapprovals. --------------------------------------------------------------------------- \1\ The three components of Mississippi's June 26, 2018 submission became state effective on July 1, 2016, May 11, 2018, and June 25, 2018. --------------------------------------------------------------------------- II. Response to Comments EPA received comments from a total of nine commenters, but only one commenter submitted comments relevant to this action. Comment 1: With regard to the parallel proceedings process used in the proposed rulemaking, the Commenter states that: ``[b]ecause EPA is required to allow the public to submit meaningful comments, we cannot comment on any changes the State may make after we submit these comments. Therefore, if the State makes any changes after EPA's public comment period is up, EPA could not approve the submittal with those changes without a new public comment period.'' Response to Comment 1: EPA notes that the final SIP revision adopted and submitted to EPA by Mississippi is identical to the draft regulations EPA described in the proposal. As a result, the potential scenario described by the Commenter does not exist in the instant action, as the Commenter and others had the opportunity to comment on the exact regulatory language that was adopted by Mississippi in its final submission and is approved in this final rulemaking action. Nevertheless, EPA takes this opportunity to confirm its longstanding interpretation of parallel processing requirements as allowing EPA to finalize a proposal without further public comment where there are no significant changes in the state's final submission, i.e., when the state's final submission is substantively similar to the draft state regulations on which the NPRM was based. To the extent the Commenter suggests otherwise, EPA disagrees. EPA's established procedures for parallel processing are codified at 40 CFR part 51, appendix V, 2.3 and serve to expedite review of SIP submissions. Under parallel processing, a state will submit a draft SIP revision to EPA prior to final adoption of that revision by the state. If EPA believes the draft SIP submission is approvable, it publishes a notice of proposed rulemaking prior to finalization at the state level and the public is able to comment on EPA's proposed approval of the state's draft SIP submission. After finalization at the state level and receipt of the final submission from the state, EPA reviews this final submittal and can finalize its prior proposed approval of the submission if it is substantively similar to the draft. If there are significant changes in the state's final submission such that it is not substantively similar to the prior draft, then EPA will issue a subsequent proposal to solicit comment on those changes or other issues that were not included in the initial proposed action. By this process, commenters are provided an opportunity to comment on all pertinent issues related to the SIP submission, as mandated under Federal law establishing procedural requirements for agency rulemakings. EPA notes that this approach was reflected in the proposed rulemaking for this action wherein we stated that if the State's SIP submission as finally adopted and submitted to EPA is changed in aspects other than those identified in the proposed rulemaking, then ``EPA will evaluate those changes, and if necessary and appropriate, issue [[Page 50016]] another notice of proposed rulemaking.'' See 83 FR 13713. Comment 2: The Commenter notes that the submission does not include evidence of adoption of the SIP revision and states that EPA cannot approve the SIP submittal without this evidence. EPA Response to Comment 2: Because SIP submissions that a state submits for parallel processing are by definition not yet final at the state level, 40 CFR part 51, appendix V, 2.3 provides exceptions from the SIP completeness criteria specified in 40 CFR part 51, appendix V, 2.0. Appendix V, 2.3.1(b) does not require a state to provide evidence of adoption of the plan in final form at the state level in a SIP submission submitted for parallel processing. The state, however, is required to submit a SIP submission meeting these completeness requirements before EPA can make a final determination of approvability. See 40 CFR part 51, appendix V, 2.3.2. For this action, Mississippi's final submission includes the required evidence of adoption of the SIP revisions in Attachment 3 of the Technical Support Document. Comment 3: The Commenter states that EPA should include the dates of the version of the State's code and regulations it is incorporating by reference so that future readers can determine exactly what language is incorporated by reference. More specifically the Commenter states that: ``EPA should specify that it is incorporating by reference the July 1, 2016 version of paragraph 6 of Section 49-2-5 and the effective date, which we cannot determine by the documents in the current docket, of the Mississippi Administrative Code.'' EPA Response to Comment 3: EPA agrees that incorporations by reference should specify the appropriate state law effective date as a means of identifying the precise version of the statutory or regulatory requirements at issue in a SIP submission. In this instance, July 1, 2016, is the state law effective date for Mississippi Code section 49- 2-5(6). This final action specifies the provisions that are being incorporated into the Code of Federal Regulation (CFR) at 40 CFR 52.1270 and identifies them by their state law effective dates. EPA notes that SIP submissions that states submit for parallel processing are not required to identify the state effective date (see 40 CFR part 51, appendix V, 2.3.1(b)). In fact the state law effective date of draft SIP submissions that a state submits for parallel processing would typically not be known at the time of submission, because submissions for parallel processing will often (if not always) predate adoption at the state level. But again, EPA cannot make a final determination of plan approvability until the state adopts the final version of the state law at issue in the SIP submission and submits evidence of adoption with the state law effective date in its final submission. Comment 4: The Commenter also notes a typographical error in EPA's proposed action in the second column of 83 FR13715. Specifically, the Commenter notes that the proposal states: ``and a process for replacing members as needed to ensure that a majority does derive a significant portion of income from regulated entities,'' but should state: ``and a process for replacing members as needed to ensure that a majority does not derive a significant portion of income from regulated entities. (Emphasis added)'' EPA Response to Comment 4: EPA acknowledges that the omission of the word ``not'' from the preamble to EPA's proposed action was a scrivener's error and that the Commenter is correct that the word ``not'' should be inserted into this statement, consistent with EPA's discussion of the SIP revision in the proposal and the actual provisions EPA is incorporating in this action. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Mississippi Code section 49-2-5, state effective date July 1, 2016, which includes certain section 128 requirements for the MDEQ Commission on Environmental Quality. EPA is also finalizing the incorporation by reference of ``Air Emissions Regulations for the Prevention, Abatement, and Control of Air Contaminants'' Title 11, Part 2, Chapter 1, Rule 1.1, state effective date June 25, 2018; and ``Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act'', Title 11, Part 1 Chapter 5, Rule 5.1, state effective date May 11, 2018, which both include certain section 128 requirements for the MDEQ Permit Board. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated in the next update to the SIP compilation.\2\ --------------------------------------------------------------------------- \2\ See 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action As described above, EPA is taking action to approve SIP revisions needed to assure that Mississippi's SIP meets the significant portion of income requirements of 128(a)(1) of the CAA. Approval of Mississippi's June 26, 2018 submission also meets the section 110(a)(2)(E)(ii) requirements for the 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , 2010 SO2 , and 1997, 2006 and 2012 PM2.5 , NAAQS for section 110(a)(2)(E)(ii). With this approval, the deficiencies that EPA identified in the previous partial disapprovals of Mississippi's infrastructure SIP submissions related to the significant portion of income requirements respecting state boards for the 2008 8-hour Ozone, 2008 Lead, 2010 NO2 , 2010 SO2 , and 1997, 2006 and 2012 PM2.5 , NAAQS are resolved. This action therefore removes EPA's obligation to promulgate a FIP to address these CAA state board requirements for Mississippi. Finally, EPA is also approving the new supplemental provisions regarding representation of the public interest of section 128(a)(1) for the MDEQ Permit Board and Mississippi Commission on Environmental Quality, and disclosure of potential conflicts of interest of section 128(a)(2) for the Mississippi Commission on Environmental Quality. V. 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 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory [[Page 50017]] action because SIP approvals are exempted under Executive Order 12866; 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 December 3, 2018. 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, Intergovernmental relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 10, 2018. Onis ``Trey'' Glenn, III, 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 is amended by: 0 a. In paragraph (c) table: 0 i. Adding under the heading ``Mississippi Code'' the entry ``Section 49-2-5'' in numerical order; 0 ii. Adding at the end of the table the undesignated heading ``11 MAC-- Part 2--Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants'' and the entry ``Rule 1.1''; and 0 iii. Adding at the end of the table the undesignated heading ``11 MAC-- Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act,'' and the entry ``Rule 5.1''; and 0 b. In paragraph (e) table by adding entries ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual PM 2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2012 24-hour PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQS'', and ``110(a)(1) and (2) Infrastructure Requirements for the 2010 SO2 NAAQS'' at the end of the table. The additions read as follows: Sec. 52.1270 Identification of plan. * * * * * (c) * * * EPA-Approved Mississippi Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Mississippi Code ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 49-2-5.................. Commission on 7/1/2016 10/4/2018, [Insert ..................... Environmental Federal Register Quality. citation]. [[Page 50018]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- 11 MAC--Part 2--Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants ---------------------------------------------------------------------------------------------------------------- Rule 1.1........................ General............ 6/25/2018 10/4/2018, [Insert ..................... Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- 11 MAC--Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures Pursuant to the Mississippi Administrative Procedures Act ---------------------------------------------------------------------------------------------------------------- Rule 5.1........................ Description of 5/11/2018 10/4/2018, [Insert ..................... Mississippi Federal Register Environmental citation]. Quality Permit Board. ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA Approved Mississippi Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 1997 Federal Register state board Annual PM2.5 NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 2006 24- Federal Register state board hour PM2.5 NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 2012 24- Federal Register state board hour PM2.5 NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 2008 Lead Federal Register state board NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 2008 8- Federal Register state board hour Ozone NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 2010 NO2 Federal Register state board NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. 110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the Requirements for the 2010 SO2 Federal Register state board NAAQS. citation]. requirements of sections 128 and 110(a)(2)(E)(ii) only. ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.1272 is revised to read as follows: Sec. 52.1272 Approval status. With the exceptions set forth in this subpart, the Administrator approves Mississippi's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977. [FR Doc. 2018-21193 Filed 10-3-18; 8:45 am] BILLING CODE 6560-50-P
![50014 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
Dated: August 21, 2018. (b) Incorporation by reference. (1) regulations which have been approved
Cecil Rodrigues, Material listed in paragraphs (c) and (d) as part of the State implementation plan
Acting Regional Administrator, Region III. of this section with an EPA approval as of the dates referenced in paragraph
date prior to May 25, 2018, was (b)(1) of this section.
40 CFR part 52 is amended as follows:
approved for incorporation by reference (3) Copies of the materials
PART 52—APPROVAL AND by the Director of the Federal Register incorporated by reference into the State
PROMULGATION OF in accordance with 5 U.S.C. 552(a) and implementation plan may be inspected
IMPLEMENTATION PLANS 1 CFR part 51. Entries in paragraphs (c) at the Environmental Protection Agency,
and (d) of this section with the EPA
Region III, 1650 Arch Street,
■ 1. The authority for citation for part 52 approval dates after May 25, 2018 for
Philadelphia, Pennsylvania 19103. To
continues to read as follows: the State of Delaware have been
obtain the material, please call the
approved by EPA for inclusion in the
Authority: 42 U.S.C. 7401 et seq. Regional Office at (215) 814–3376. You
State implementation plan and for
incorporation by reference into the plan may also inspect the material with an
Subpart I: Delaware EPA approval date prior to May 25,
as it is contained in this section, and
will be considered by the Director of the 2018 for the State of Delaware at the
■ 2. Section 52.420 is amended by:
Federal Register for approval in the next National Archives and Records
■ a. Revising paragraph (b).
update to the SIP compilation. Administration (NARA). For
■ b. In paragraph (c), revising the table
(2) EPA Region III certifies that the information on the availability of this
heading for section 1112.
materials provided by EPA at the material at NARA, go to: http://
The revisions read as follows:
addresses in paragraph (b)(3) of this www.archives.gov/federal-register/cfr/
§ 52.420 Identification of plan. section are an exact duplicate of the ibr-locations.html.
* * * * * officially promulgated State rules/ (c) * * *
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
Additional
State citation State effective
Title/subject EPA approval date explanation/
(7 DNREC 1100) date citation
* * * * * * *
1112 Control of Nitrogen Oxides Emissions
* * * * * * *
* * * * * also specifically addresses related ADDRESSES: EPA has established a
[FR Doc. 2018–21472 Filed 10–3–18; 8:45 am] requirements for implementation of the docket for this action under Docket
BILLING CODE 6560–50–P following national ambient air quality Identification No. EPA–R04–OAR–
standards (NAAQS): 2008 8-hour 2017–0546. All documents in the docket
Ozone, 2008 Lead, 2010 Nitrogen are listed on the www.regulations.gov
ENVIRONMENTAL PROTECTION Dioxide (NO2), 2010 Sulfur Dioxide website. Although listed in the index,
AGENCY (SO2), and 1997, 2006 and 2012 fine some information is not publicly
particulate matter (PM2.5). Whenever available, i.e., Confidential Business
40 CFR Part 52 Information or other information whose
EPA promulgates a new or revised
[EPA–R04–OAR–2017–0546; FRL–9984–53– NAAQS, the CAA requires the state to disclosure is restricted by statute.
Region 4] make a new SIP submission establishing Certain other material, such as
that the existing SIP meets the various copyrighted material, is not placed on
Air Plan Approval; MS; Section 128 the internet and will be publicly
applicable requirements, or revising the
Board Requirements for Infrastructure available only in hard copy form.
SIP to meet those requirements. This
SIPs Publicly available docket materials are
type of SIP submission is commonly
AGENCY: Environmental Protection referred to as an ‘‘infrastructure’’ SIP. In available either electronically through
Agency (EPA). this final action, EPA is approving the www.regulations.gov or in hard copy at
ACTION: Final rule. June 26, 2018, submission with respect the Air Regulatory Management Section,
to the CAA requirements applicable to Air Planning and Implementation
SUMMARY: The Environmental Protection state boards; and the related state board Branch, Air, Pesticides and Toxics
Agency (EPA) is taking final action to infrastructure SIP requirements for the Management Division, U.S.
approve a State Implementation Plan 2008 8-hour Ozone, 2008 Lead, 2010 Environmental Protection Agency,
(SIP) submission, submitted by the State NO2, 2010 SO2 and 1997, 2006 and 2012 Region 4, 61 Forsyth Street SW, Atlanta,
of Mississippi, through the Mississippi PM2.5, NAAQS. This action removes Georgia 30303–8960. EPA requests that
Department of Environmental Quality if at all possible, you contact the person
daltland on DSKBBV9HB2PROD with RULES
EPA’s obligation to promulgate a
(MDEQ), on June 26, 2018. This SIP Federal Implementation Plan (FIP) to
listed in the FOR FURTHER INFORMATION
submission addresses specific Clean Air CONTACT section to schedule your
address these CAA state board
Act (CAA or Act) requirements inspection. The Regional Office’s
requirements for Mississippi.
applicable to Mississippi state boards or official hours of business are Monday
bodies that approve CAA permits or This rule will be effective
DATES: through Friday 8:30 a.m. to 4:30 p.m.,
enforcement orders. This submission November 5, 2018. excluding Federal holidays.
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FOR FURTHER INFORMATION CONTACT: supplemental provisions regarding those changes without a new public
Nacosta C. Ward, Air Regulatory representation of the public interest of comment period.’’
Management Section, Air Planning and section 128(a)(1) for the MDEQ Permit Response to Comment 1: EPA notes
Implementation Branch, Air, Pesticides Board and Mississippi Commission on that the final SIP revision adopted and
and Toxics Management Division, U.S. Environmental Quality, and disclosure submitted to EPA by Mississippi is
Environmental Protection Agency, of potential conflicts of interest of identical to the draft regulations EPA
Region 4, 61 Forsyth Street SW, Atlanta, section 128(a)(2) for the Mississippi described in the proposal. As a result,
Georgia 30303–8960. The telephone Commission on Environmental Quality. the potential scenario described by the
number is (404) 562–9140. Ms. Ward The details of Mississippi’s submissions
Commenter does not exist in the instant
can be reached via electronic mail at and the rationale for EPA’s actions
action, as the Commenter and others
ward.nacosta@epa.gov. related to how Mississippi addressed
had the opportunity to comment on the
SUPPLEMENTARY INFORMATION: the requirements of section 128 and the
exact regulatory language that was
related infrastructure section
I. Background adopted by Mississippi in its final
110(a)(2)(E)(ii) requirements for the
aforementioned NAAQS are explained submission and is approved in this final
States must submit infrastructure SIP rulemaking action. Nevertheless, EPA
submissions meeting the applicable in the NPRM.
takes this opportunity to confirm its
requirements of sections 110(a)(1) and EPA is finalizing its proposed longstanding interpretation of parallel
(2) of the CAA within three years after approval of Mississippi’s June 26, 2018 1 processing requirements as allowing
EPA’s promulgation of a new or revised submission to incorporate into its SIP
EPA to finalize a proposal without
NAAQS. Sections 110(a)(1) and (2) certain regulatory provisions to address
further public comment where there are
require states to address basic SIP the significant portion of income
no significant changes in the state’s final
requirements, including emissions requirement of section 128(a)(1). As a
submission, i.e., when the state’s final
inventories, monitoring, and modeling result of the addition of these new SIP
to assure attainment and maintenance of submission is substantively similar to
provisions to meet the requirements of
the new or revised NAAQS. More section 128(a)(1), EPA is also finalizing the draft state regulations on which the
specifically, section 110(a)(1) provides approval of this submission as satisfying NPRM was based. To the extent the
the procedural and timing requirements the section 110(a)(2)(E)(ii) infrastructure Commenter suggests otherwise, EPA
for infrastructure SIP submissions. requirement for the 1997, 2006, and disagrees. EPA’s established procedures
Section 110(a)(2) lists specific 2012 PM2.5, 2008 8-hour Ozone, 2008 for parallel processing are codified at 40
requirements that states must meet for Lead, 2010 NO2, and 2010 SO2 NAAQS. CFR part 51, appendix V, 2.3 and serve
‘‘infrastructure’’ SIP purposes, as This final action fully addresses the SIP to expedite review of SIP submissions.
applicable, related to the newly deficiencies related to section Under parallel processing, a state will
established or revised NAAQS. In 110(a)(2)(E)(ii) and section 128 from submit a draft SIP revision to EPA prior
particular, section 110(a)(2)(E)(ii) EPA’s prior disapprovals of to final adoption of that revision by the
requires states to include provisions in infrastructure SIP submissions for the state. If EPA believes the draft SIP
their SIP to address the state board 2008 8-hour Ozone NAAQS on March 2, submission is approvable, it publishes a
requirements of section 128. Section 128 2015 (80 FR 11133), 2008 lead NAAQS notice of proposed rulemaking prior to
of the CAA requires that states include on March 30, 2015 (80 FR 16566), 2010 finalization at the state level and the
provisions in their SIP that require that NO2 NAAQS on August 16, 2016 (81 FR public is able to comment on EPA’s
any state board or body which approves 63705), 2010 SO2 NAAQS on September proposed approval of the state’s draft
permits or enforcement orders shall 30, 2016 (81 FR 67171), and 2012 PM2.5 SIP submission. After finalization at the
have a majority of members who NAAQS on December 12, 2016 (81 FR state level and receipt of the final
represent the public interest and do not 89391). Thus, this final action also submission from the state, EPA reviews
receive a significant portion of their satisfies EPA’s FIP obligation with this final submittal and can finalize its
income from parties subject to such regard to that infrastructure SIP prior proposed approval of the
permits or enforcement orders (section requirement for these NAAQS based on submission if it is substantively similar
128(a)(1)); and require that the members the prior disapprovals. to the draft. If there are significant
of any such board or body, or the head changes in the state’s final submission
II. Response to Comments such that it is not substantively similar
of an executive agency with similar
power to approve permits or EPA received comments from a total to the prior draft, then EPA will issue
enforcement orders under the CAA, of nine commenters, but only one a subsequent proposal to solicit
shall adequately disclose potential commenter submitted comments comment on those changes or other
conflicts of interest (section 128(a)(2)). relevant to this action. issues that were not included in the
In a notice of proposed rulemaking initial proposed action. By this process,
Comment 1: With regard to the
(NPRM) published on March 30, 2018 parallel proceedings process used in the commenters are provided an
(83 FR 13712), EPA proposed to approve proposed rulemaking, the Commenter opportunity to comment on all pertinent
Mississippi’s June 23, 2017, and states that: ‘‘[b]ecause EPA is required to issues related to the SIP submission, as
February 2, 2018, parallel processing allow the public to submit meaningful mandated under Federal law
submissions related to the state board comments, we cannot comment on any establishing procedural requirements for
requirements as meeting the significant changes the State may make after we agency rulemakings. EPA notes that this
portion of income requirements of submit these comments. Therefore, if approach was reflected in the proposed
section 128(a)(1), and also as meeting rulemaking for this action wherein we
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the State makes any changes after EPA’s
the infrastructure requirements of public comment period is up, EPA stated that if the State’s SIP submission
section 110(a)(2)(E)(ii) for the 1997, could not approve the submittal with as finally adopted and submitted to EPA
2006, and 2012 PM2.5, 2008 8-hour is changed in aspects other than those
Ozone, 2008 Lead, 2010 NO2, and 2010 1 The three components of Mississippi’s June 26,
identified in the proposed rulemaking,
SO2 NAAQS. In the NPRM, EPA also 2018 submission became state effective on July 1, then ‘‘EPA will evaluate those changes,
proposed approval of the new 2016, May 11, 2018, and June 25, 2018. and if necessary and appropriate, issue
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![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations 50017
action because SIP approvals are The Congressional Review Act, 5 PART 52—APPROVAL AND
exempted under Executive Order 12866; U.S.C. 801 et seq., as added by the Small PROMULGATION OF
• Does not impose an information Business Regulatory Enforcement IMPLEMENTATION PLANS
collection burden under the provisions Fairness Act of 1996, generally provides
of the Paperwork Reduction Act (44 that before a rule may take effect, the ■ 1. The authority citation for part 52
U.S.C. 3501 et seq.); agency promulgating the rule must continues to read as follows:
• Is certified as not having a submit a rule report, which includes a Authority: 42 U.S.C. 7401 et seq.
significant economic impact on a copy of the rule, to each House of the
substantial number of small entities Congress and to the Comptroller General Subpart Z—Mississippi
under the Regulatory Flexibility Act (5 of the United States. EPA will submit a
U.S.C. 601 et seq.); report containing this action and other ■ 2. Section 52.1270 is amended by:
• Does not contain any unfunded required information to the U.S. Senate, ■ a. In paragraph (c) table:
mandate or significantly or uniquely the U.S. House of Representatives, and ■ i. Adding under the heading
affect small governments, as described the Comptroller General of the United ‘‘Mississippi Code’’ the entry ‘‘Section
in the Unfunded Mandates Reform Act States prior to publication of the rule in 49–2–5’’ in numerical order;
of 1995 (Pub. L. 104–4); the Federal Register. A major rule ■ ii. Adding at the end of the table the
• Does not have Federalism cannot take effect until 60 days after it undesignated heading ‘‘11 MAC—Part
implications as specified in Executive is published in the Federal Register. 2—Chapter 1 Air Emission Regulations
Order 13132 (64 FR 43255, August 10, This action is not a ‘‘major rule’’ as for the Prevention, Abatement, and
1999); defined by 5 U.S.C. 804(2). Control of Air Contaminants’’ and the
• Is not an economically significant entry ‘‘Rule 1.1’’; and
Under section 307(b)(1) of the CAA,
regulatory action based on health or ■ iii. Adding at the end of the table the
petitions for judicial review of this
safety risks subject to Executive Order undesignated heading ‘‘11 MAC—Part
action must be filed in the United States
13045 (62 FR 19885, April 23, 1997); 1—Chapter 5 Mississippi Environmental
Court of Appeals for the appropriate
• Is not a significant regulatory action Quality Permit Board: Regulations
circuit by December 3, 2018. Filing a
subject to Executive Order 13211 (66 FR Regarding Administrative Procedures
petition for reconsideration by the
28355, May 22, 2001); Pursuant to the Mississippi
• Is not subject to requirements of Administrator of this final rule does not
affect the finality of this action for the Administrative Procedures Act,’’ and
Section 12(d) of the National the entry ‘‘Rule 5.1’’; and
Technology Transfer and Advancement purposes of judicial review nor does it
■ b. In paragraph (e) table by adding
Act of 1995 (15 U.S.C. 272 note) because extend the time within which a petition
for judicial review may be filed, and entries ‘‘110(a)(1) and (2) Infrastructure
application of those requirements would Requirements for the 1997 Annual PM2.5
be inconsistent with the CAA; and shall not postpone the effectiveness of
such rule or action. This action may not NAAQS’’, ‘‘110(a)(1) and (2)
• Does not provide EPA with the Infrastructure Requirements for the 2006
discretionary authority to address, as be challenged later in proceedings to
enforce its requirements. See section 24-hour PM2.5 NAAQS’’, ‘‘110(a)(1) and
appropriate, disproportionate human (2) Infrastructure Requirements for the
health or environmental effects, using 307(b)(2).
2012 24-hour PM2.5 NAAQS’’, ‘‘110(a)(1)
practicable and legally permissible List of Subjects in 40 CFR Part 52 and (2) Infrastructure Requirements for
methods, under Executive Order 12898 the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
(59 FR 7629, February 16, 1994). Environmental protection, Air (2) Infrastructure Requirements for the
The SIP is not approved to apply on pollution control, Intergovernmental 2008 8-hour Ozone NAAQS’’, ‘‘110(a)(1)
any Indian reservation land or in any relations, Incorporation by reference, and (2) Infrastructure Requirements for
other area where EPA or an Indian tribe Lead, Nitrogen dioxide, Ozone, the 2010 NO2 NAAQS’’, and ‘‘110(a)(1)
has demonstrated that a tribe has Reporting and recordkeeping and (2) Infrastructure Requirements for
jurisdiction. In those areas of Indian requirements, Sulfur oxides, Volatile the 2010 SO2 NAAQS’’ at the end of the
country, the rule does not have tribal organic compounds. table.
implications as specified by Executive Dated: September 10, 2018. The additions read as follows:
Order 13175 (65 FR 67249, November 9, Onis ‘‘Trey’’ Glenn, III,
2000), nor will it impose substantial § 52.1270 Identification of plan.
Regional Administrator, Region 4.
direct costs on tribal governments or * * * * *
preempt tribal law. 40 CFR part 52 is amended as follows: (c) * * *
EPA-APPROVED MISSISSIPPI REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Mississippi Code
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* * * * * * *
Section 49–2–5 .............................. Commission on Environmental 7/1/2016 10/4/2018, [Insert Federal Reg-
Quality. ister citation].
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![50018 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
11 MAC—Part 2—Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
Rule 1.1 .......................................... General .......................................... 6/25/2018 10/4/2018, [Insert Federal Reg-
ister citation].
11 MAC—Part 1—Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures
Pursuant to the Mississippi Administrative Procedures Act
Rule 5.1 .......................................... Description of Mississippi Environ- 5/11/2018 10/4/2018, [Insert Federal Reg-
mental Quality Permit Board. ister citation].
* * * * * (e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable
Name of State submittal
geographic or
non-regulatory date/effective EPA approval date Explanation
nonattain-
SIP provision date
ment area
* * * * * * *
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 1997 Annual ister citation]. ments of sections 128 and
PM2.5 NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2006 24-hour ister citation]. ments of sections 128 and
PM2.5 NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2012 24-hour ister citation]. ments of sections 128 and
PM2.5 NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2008 Lead ister citation]. ments of sections 128 and
NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2008 8-hour ister citation]. ments of sections 128 and
Ozone NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2010 NO2 ister citation]. ments of sections 128 and
NAAQS. 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Re- Mississippi ... 6/25/2018 10/4/2018, [Insert Federal Reg- Addressing the state board require-
quirements for the 2010 SO2 ister citation]. ments of sections 128 and
NAAQS. 110(a)(2)(E)(ii) only.
■ 3. Section 52.1272 is revised to read ENVIRONMENTAL PROTECTION the State of Texas that pertain to
as follows: AGENCY regulations to control air pollution from
motor vehicles with mobile source
§ 52.1272 Approval status. 40 CFR Part 52 incentive programs.
With the exceptions set forth in this [EPA–R6–OAR–2018–0386; FRL–9983–93– DATES: This rule is effective on January
subpart, the Administrator approves Region 6] 2, 2019 without further notice, unless
Mississippi’s plan for the attainment the EPA receives relevant adverse
and maintenance of the national Air Plan Approval; Texas; Control of comment by November 5, 2018. If the
standards under section 110 of the Air Pollution from Motor Vehicles with EPA receives such comment, the EPA
Clean Air Act. Furthermore, the Mobile Source Incentive Programs will publish a timely withdrawal in the
Administrator finds that the plan Federal Register informing the public
AGENCY: Environmental Protection
satisfies all requirements of part D, title that this rule will not take effect.
Agency (EPA).
1, of the Clean Air Act as amended in ADDRESSES: Submit your comments,
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ACTION: Direct final rule.
1977. identified by Docket No. EPA–R6–OAR–
[FR Doc. 2018–21193 Filed 10–3–18; 8:45 am] SUMMARY: Pursuant to the Federal Clean 2018–0386, at http://www.regulations.
BILLING CODE 6560–50–P Air Act (CAA or the Act), the gov or via email to pitre.randy@epa.gov.
Environmental Protection Agency (EPA) Follow the online instructions for
is approving revisions to the Texas State submitting comments. Once submitted,
Implementation Plan (SIP) submitted by comments cannot be edited or removed
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Document Created: 2018-10-04 02:02:33
Document Modified: 2018-10-04 02:02:33
| 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 November 5, 2018. | |
| Contact | Nacosta C. Ward, 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. The telephone number is (404) 562-9140. Ms. Ward can be reached via electronic mail at [email protected] | |
| FR Citation | 83 FR 50014 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Intergovernmental Relations; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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