Approval and Promulgation of Implementation Plans; Mississippi Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 16566-16568 [2015-06765]
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16566
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations
Dated: March 17, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Part 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.1320(c) the table is amended
by revising the entry for 10–5.570 to
read as follows:
■
§ 52.1320
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1. The authority citation for part 52
continues to read as follows:
■
Identification of Plan.
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(c) * * *
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EPA-APPROVED MISSOURI REGULATIONS
Missouri citation
State effective
date
Title
EPA Approval date
Explanation
Missouri Department of Natural Resources
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Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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10–5.570 ................................. Control of Sulfur Emissions
from Stationary Boilers.
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[FR Doc. 2015–07126 Filed 3–27–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0270; FRL–9924–99–
Region 4]
Approval and Promulgation of
Implementation Plans; Mississippi
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve in part and disapprove in part
the November 17, 2011, State
Implementation Plan (SIP) submission,
provided by the Mississippi Department
of Environmental Quality (MDEQ) for
inclusion into the Mississippi SIP. This
final action pertains to the Clean Air Act
(CAA or the Act) infrastructure
requirements for the 2008 Lead national
ambient air quality standards (NAAQS).
The CAA requires that each state adopt
and submit a SIP for the
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implementation, maintenance, and
enforcement of each NAAQS
promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. MDEQ certified
that the Mississippi SIP contains
provisions that ensure the 2008 Lead
NAAQS is implemented, enforced, and
maintained in Mississippi. With the
exception of provisions pertaining to
prevention of significant deterioration
(PSD) permitting, for which EPA is not
acting upon, and disapproving certain
state boards requirements, EPA is taking
final action to approve Mississippi’s
infrastructure SIP submission, provided
to EPA on November 17, 2011, because
it addresses the required infrastructure
elements for the 2008 Lead NAAQS.
DATES: This rule will be effective April
29, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0270. 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.
PO 00000
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Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning 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.
Zuri
Farngalo, 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) 562–9152.
Mr. Farngalo can be reached via
electronic mail at farngalo.zuri@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA generally
requires states to make a SIP submission
to meet applicable requirements in
order to provide for the implementation,
maintenance, and enforcement of a new
or revised NAAQS within three years
following the promulgation of such
NAAQS, or within such shorter period
as EPA may prescribe. These SIP
submissions are commonly referred to
as ‘‘infrastructure’’ SIP submissions.
Section 110(a) imposes the obligation
upon states to make an infrastructure
SIP submission to EPA for a new or
revised NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the infrastructure SIP for a
new or revised NAAQS affect the
content of the submission. The contents
of such infrastructure SIP submissions
may also vary depending upon what
provisions the state’s existing SIP
already contains. In the case of the 2008
Lead NAAQS, states typically have met
the basic program elements required in
section 110(a)(2) through earlier SIP
submissions in connection with
previous lead NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for infrastructure SIP requirements
related to a newly established or revised
NAAQS. As mentioned above, these
requirements include basic structural
SIP elements such as modeling,
monitoring, and emissions inventories
that are designed to assure attainment
and maintenance of the NAAQS. The
applicable infrastructure SIP
requirements that are the subject of this
rulemaking are listed below.1
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the
nonattainment area plan requirements are due
pursuant to other provisions of the CAA for
submission of SIP revisions specifically applicable
for attainment planning purposes. These
requirements are: (1) Submissions required by
section 110(a)(2)(C) to the extent that subsection
refers to a permit program as required in part D
Title I of the CAA; and (2) submissions required by
section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D,
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• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement, prevention of significant
deterioration (PSD) and new source
review (NSR).2
• 110(a)(2)(D): Interstate and
international transport provisions.
• 110(a)(2)(E): Adequate personnel,
funding, and authority.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency episodes.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(J): Consultation with
government officials, public
notification, and PSD and visibility
protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
On November 18, 2014, EPA proposed
to approve Mississippi’s November 17,
2011, 2008 Lead NAAQS infrastructure
SIP submission with the exception of
provisions pertaining to PSD permitting
in sections 110(a)(2)(C), prong 3 of D(i)
and (J) and the majority requirements
respecting significant portion of income
for state boards of section
110(a)(2)(E)(ii). EPA proposed
disapproval of the majority
requirements respecting significant
portion of income for state boards of
section 110(a)(2)(E)(ii). EPA will address
the PSD permitting requirements in
sections 110(a)(2)(C), prong 3 of D(i) and
(J) in a separate action. See 79 FR 68648.
II. Today’s Action
In this rulemaking, EPA is taking final
action to approve Mississippi’s
infrastructure submission as
demonstrating that the State meets the
applicable requirements of sections
110(a)(1) and (2) of the CAA for the
2008 Lead NAAQS, with the exception
of PSD permitting provisions in sections
110(a)(2)(C), prong 3 of D(i) and (J). EPA
will be taking action on these elements
in a separate action. Additionally, EPA
is disapproving Mississippi’s
infrastructure submission with regard to
the majority requirements respecting
significant portion of income for state
boards in section 110(a)(2)(E)(ii).
III. Final Action
With the exception of provisions
pertaining to PSD permitting
Title I of the CAA. Today’s proposed rulemaking
does not address infrastructure elements related to
section 110(a)(2)(I) or the nonattainment planning
requirements of 110(a)(2)(C).
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
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16567
requirements in sections 110(a)(2)(C),
prong 3 of D(i) and (J) and the majority
requirements respecting significant
portion of income for state boards of
section 110(a)(2)(E)(ii), EPA is taking
final action to approve Mississippi’s
November 17, 2011, infrastructure
submission because it addresses the
required infrastructure elements for the
2008 Lead NAAQS. EPA is disapproving
in part section 110(a)(2)(E)(ii) because a
majority of board members that approve
permits or enforcement orders in
Mississippi may still derive a significant
portion of income from persons subject
to permits or enforcement orders issued
by such Mississippi Boards, therefore,
its current SIP does not meet the section
128(a)(1) majority requirements
respecting significant portion of income.
With the exceptions noted above MDEQ
has addressed the elements of the CAA
110(a)(1) and (2) SIP requirements
pursuant to section 110 of the CAA to
ensure that the 2008 Lead NAAQS is
implemented, enforced, and maintained
in Mississippi.
IV. 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.
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);
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• 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 Clean Air Act;
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 and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 May 29, 2015. 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
Lead, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 11, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1270(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
Lead National Ambient Air Quality
Standards’’ at the end of the table to
read as follows:
■
§ 52.1270
*
Identification of plan.
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(e) * * *
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EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
State submittal
date/effective
date
*
11/4/2011
Name of nonregulatory SIP provision
*
3/30/15
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient
Air
Quality
Standards
110(a)(2)(E)(ii) Infrastructure Requirement for 2008 Lead National Ambient
Air Quality Standards.
3. Section 52.1272 is amended by
adding paragraph (c) to read as follows:
■
§ 52.1272
Approval status.
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(c) Disapproval. With respect to the
significant portion of income
requirement of section 128(a)(1), the
provisions included in the October 11,
2012, infrastructure SIP submission did
not preclude at least a majority of the
members of the Mississippi Board from
receiving a significant portion of their
income from persons subject to permits
or enforcement orders issued by the
Mississippi Boards. Because a majority
of board members may still derive a
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publication].
significant portion of income from
persons subject to permits or
enforcement orders issued by the
Mississippi Boards, the Mississippi SIP
does not meet the section 128(a)(1)
majority requirements respecting
significant portion of income, and as
such, EPA is today proposing to
disapprove the State’s 110(a)(2)(E)(ii)
submission as it relates only to this
portion of section 128(a)(1).
[FR Doc. 2015–06765 Filed 3–27–15; 8:45 am]
BILLING CODE 6560–50–P
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With the exception of provisions pertaining to PSD permitting requirements
in sections 110(a)(2)(C), prong 3 of D(i)
and (J) and the majority of requirements respecting significant portion of
income of section 110(a)(2)(E)(ii) (related to section 128(a)(2)).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0636; FRL–9922–77–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Revision to Allegheny
County Rules; Preconstruction Permit
Requirements—Nonattainment; New
Source Review
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
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]]>Agencies
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16566-16568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06765]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0270; FRL-9924-99-Region 4]
Approval and Promulgation of Implementation Plans; Mississippi
Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve in part and disapprove in part the November 17, 2011,
State Implementation Plan (SIP) submission, provided by the Mississippi
Department of Environmental Quality (MDEQ) for inclusion into the
Mississippi SIP. This final action pertains to the Clean Air Act (CAA
or the Act) infrastructure requirements for the 2008 Lead national
ambient air quality standards (NAAQS). The CAA requires that each state
adopt and submit a SIP for the implementation, maintenance, and
enforcement of each NAAQS promulgated by EPA, which is commonly
referred to as an ``infrastructure'' SIP. MDEQ certified that the
Mississippi SIP contains provisions that ensure the 2008 Lead NAAQS is
implemented, enforced, and maintained in Mississippi. With the
exception of provisions pertaining to prevention of significant
deterioration (PSD) permitting, for which EPA is not acting upon, and
disapproving certain state boards requirements, EPA is taking final
action to approve Mississippi's infrastructure SIP submission, provided
to EPA on November 17, 2011, because it addresses the required
infrastructure elements for the 2008 Lead NAAQS.
DATES: This rule will be effective April 29, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0270. 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 (formerly the Regulatory
Development Section), Air Planning and Implementation Branch (formerly
the Air Planning 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: Zuri Farngalo, 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) 562-9152. Mr. Farngalo can be
reached via electronic mail at farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 16567]]
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. Section 110(a) of the
CAA generally requires states to make a SIP submission to meet
applicable requirements in order to provide for the implementation,
maintenance, and enforcement of a new or revised NAAQS within three
years following the promulgation of such NAAQS, or within such shorter
period as EPA may prescribe. These SIP submissions are commonly
referred to as ``infrastructure'' SIP submissions. Section 110(a)
imposes the obligation upon states to make an infrastructure SIP
submission to EPA for a new or revised NAAQS, but the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the infrastructure SIP for a new or revised
NAAQS affect the content of the submission. The contents of such
infrastructure SIP submissions may also vary depending upon what
provisions the state's existing SIP already contains. In the case of
the 2008 Lead NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous lead NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for infrastructure SIP requirements related to a
newly established or revised NAAQS. As mentioned above, these
requirements include basic structural SIP elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The applicable infrastructure
SIP requirements that are the subject of this rulemaking are listed
below.\1\
---------------------------------------------------------------------------
\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the nonattainment area
plan requirements are due pursuant to other provisions of the CAA
for submission of SIP revisions specifically applicable for
attainment planning purposes. These requirements are: (1)
Submissions required by section 110(a)(2)(C) to the extent that
subsection refers to a permit program as required in part D Title I
of the CAA; and (2) submissions required by section 110(a)(2)(I)
which pertain to the nonattainment planning requirements of part D,
Title I of the CAA. Today's proposed rulemaking does not address
infrastructure elements related to section 110(a)(2)(I) or the
nonattainment planning requirements of 110(a)(2)(C).
---------------------------------------------------------------------------
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement, prevention of
significant deterioration (PSD) and new source review (NSR).\2\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D): Interstate and international transport
provisions.
110(a)(2)(E): Adequate personnel, funding, and authority.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency episodes.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(J): Consultation with government officials,
public notification, and PSD and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
On November 18, 2014, EPA proposed to approve Mississippi's
November 17, 2011, 2008 Lead NAAQS infrastructure SIP submission with
the exception of provisions pertaining to PSD permitting in sections
110(a)(2)(C), prong 3 of D(i) and (J) and the majority requirements
respecting significant portion of income for state boards of section
110(a)(2)(E)(ii). EPA proposed disapproval of the majority requirements
respecting significant portion of income for state boards of section
110(a)(2)(E)(ii). EPA will address the PSD permitting requirements in
sections 110(a)(2)(C), prong 3 of D(i) and (J) in a separate action.
See 79 FR 68648.
II. Today's Action
In this rulemaking, EPA is taking final action to approve
Mississippi's infrastructure submission as demonstrating that the State
meets the applicable requirements of sections 110(a)(1) and (2) of the
CAA for the 2008 Lead NAAQS, with the exception of PSD permitting
provisions in sections 110(a)(2)(C), prong 3 of D(i) and (J). EPA will
be taking action on these elements in a separate action. Additionally,
EPA is disapproving Mississippi's infrastructure submission with regard
to the majority requirements respecting significant portion of income
for state boards in section 110(a)(2)(E)(ii).
III. Final Action
With the exception of provisions pertaining to PSD permitting
requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J) and the
majority requirements respecting significant portion of income for
state boards of section 110(a)(2)(E)(ii), EPA is taking final action to
approve Mississippi's November 17, 2011, infrastructure submission
because it addresses the required infrastructure elements for the 2008
Lead NAAQS. EPA is disapproving in part section 110(a)(2)(E)(ii)
because a majority of board members that approve permits or enforcement
orders in Mississippi may still derive a significant portion of income
from persons subject to permits or enforcement orders issued by such
Mississippi Boards, therefore, its current SIP does not meet the
section 128(a)(1) majority requirements respecting significant portion
of income. With the exceptions noted above MDEQ has addressed the
elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to
section 110 of the CAA to ensure that the 2008 Lead NAAQS is
implemented, enforced, and maintained in Mississippi.
IV. 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. 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);
[[Page 16568]]
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 Clean Air Act; 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 May 29, 2015. 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 Lead, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 11, 2015.
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 ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 Lead National Ambient Air
Quality Standards'' 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 nonregulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure 11/4/2011 3/30/15 [Insert citation of With the exception of
Requirements for the 2008 Lead publication]. provisions pertaining
National Ambient Air Quality to PSD permitting
Standards 110(a)(2)(E)(ii) requirements in
Infrastructure Requirement for sections 110(a)(2)(C),
2008 Lead National Ambient Air prong 3 of D(i) and
Quality Standards. (J) and the majority
of requirements
respecting significant
portion of income of
section
110(a)(2)(E)(ii)
(related to section
128(a)(2)).
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1272 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1272 Approval status.
* * * * *
(c) Disapproval. With respect to the significant portion of income
requirement of section 128(a)(1), the provisions included in the
October 11, 2012, infrastructure SIP submission did not preclude at
least a majority of the members of the Mississippi Board from receiving
a significant portion of their income from persons subject to permits
or enforcement orders issued by the Mississippi Boards. Because a
majority of board members may still derive a significant portion of
income from persons subject to permits or enforcement orders issued by
the Mississippi Boards, the Mississippi SIP does not meet the section
128(a)(1) majority requirements respecting significant portion of
income, and as such, EPA is today proposing to disapprove the State's
110(a)(2)(E)(ii) submission as it relates only to this portion of
section 128(a)(1).
[FR Doc. 2015-06765 Filed 3-27-15; 8:45 am]
BILLING CODE 6560-50-P
