Approval and Promulgation of Implementation Plans; Mississippi; 110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 61276-61279 [2012-24631]
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61276
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations
(d)(1), (2), (3), and (4); (e)(1), (2), (3),
(4)(G), (H), and (I), (5), and (8); (f); and
(g) of the Privacy Act:
(1) FBI Data Warehouse System,
(JUSTICE/FBI–022).
(2) These exemptions apply only to
the extent that information in this
system is subject to exemption pursuant
to 5 U.S.C. 552a(j) and (k). Where
compliance with an exempted provision
could not appear to interfere with or
adversely affect interests of the United
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Department of Justice (DOJ) in its sole
discretion may waive an exemption in
whole or in part; exercise of this
discretionary waiver prerogative in a
particular matter shall not create any
entitlement to or expectation of waiver
in that matter or any other matter. As a
condition of discretionary waiver, the
DOJ in its sole discretion may impose
any restrictions deemed advisable by
the DOJ (including, but not limited to,
restrictions on the location, manner, or
scope of notice, access, or amendment).
(w) Exemptions from the particular
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following reasons:
(1) From subsection (c)(3), the
requirement that an accounting be made
available to the named subject of a
record, because this system is exempt
from the access provisions of subsection
(d). Also, because making available to a
record subject the accounting of
disclosures from records concerning
him/her would specifically reveal any
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(3) From subsections (d)(1), (2), (3),
and (4) and (e)(4)(G) and (H) because
these provisions concern individual
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enforcement, intelligence and
counterintelligence, and
counterterrorism records, and
compliance could alert the subject of an
authorized law enforcement or
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intelligence activity about that
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it will share that information in
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and unless it is vetted and matched with
other sources of information that are
necessarily and lawfully maintained by
the FBI.
(5) From subsections (e)(2) and (3)
because application of these provisions
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national security. Application of these
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(6) From subsection (e)(4)(I), to the
extent that this subsection is interpreted
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Should the subsection be so interpreted,
exemption from this provision is
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the FBI. Further, greater specificity of
properly classified records could
compromise national security.
(7) From subsection (e)(5) because in
the collection of information for
authorized law enforcement and
intelligence purposes, it is impossible to
determine in advance what information
is accurate, relevant, timely and
complete. With time, seemingly
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irrelevant or untimely information may
acquire new significance when new
details are brought to light.
Additionally, the information may aid
in establishing patterns of activity and
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It could impede investigative progress if
it were necessary to assure relevance,
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of all information obtained during the
scope of an investigation. Further, some
of the records in this system come from
other agencies and it would be
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to vouch for the compliance of these
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(8) From subsection (e)(8) because to
require individual notice of disclosure
of information due to compulsory legal
process would pose an impossible
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may alert the subjects of law
enforcement investigations, who might
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those investigations.
(9) From subsections (f) and (g) to the
extent that the system is exempt from
other specific subsections of the Privacy
Act.
Dated: September 27, 2012.
Joo Y. Chung,
Acting Chief Privacy and Civil Liberties
Officer.
[FR Doc. 2012–24753 Filed 10–5–12; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0402; FRL–9738–7]
Approval and Promulgation of
Implementation Plans; Mississippi;
110(a)(1) and (2) Infrastructure
Requirements for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the State Implementation Plan
(SIP) submissions, submitted by the
State of Mississippi, through the
Mississippi Department of
Environmental Quality (MDEQ), as
demonstrating that the State meets
portions of the SIP requirements of
sections 110(a)(1) and (2) of the Clean
Air Act (CAA or Act) for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) national
ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that
SUMMARY:
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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations
each state adopt and submit a SIP for
the implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. MDEQ certified
that the Mississippi SIP contains
provisions that ensure the 1997 annual
and 2006 24-hour PM2 NAAQS are
implemented, enforced, and maintained
in Mississippi (hereafter referred to as
‘‘infrastructure submissions’’). With the
exception of sections 110(a)(2)(D)(i),
110(a)(2)(E)(ii) and 110(a)(2)(G), each of
which will be addressed in separate
actions, Mississippi’s infrastructure
submissions, provided to EPA on
December 7, 2007, and October 6, 2009,
address all the required infrastructure
elements for the 1997 annual and 2006
24-hour PM2 NAAQS.
DATES: Effective Date: This rule will be
effective November 8, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0402. 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 Regulatory Development Section,
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 to 4:30
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning 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) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
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II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
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. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On June 12, 2012, EPA
proposed to approve Mississippi’s
December 7, 2007, and on October 6,
2009, infrastructure submissions for the
1997 annual and 2006 24-hour PM2.5
NAAQS. See 77 FR 34898. A summary
of the background for today’s final
action is provided below. See EPA’s
June 12, 2012, proposed rulemaking at
77 FR 34898 for more detail.
Section 110(a) of the CAA requires
states to submit SIPs 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. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. The data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 annual and 2006
24-hour PM2.5 NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
earlier SIP submissions in connection
with previous PM 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
already mentioned, these requirements
include SIP infrastructure elements
such as modeling, monitoring, and
emissions inventories that are designed
to assure attainment and maintenance of
the NAAQS. The requirements that are
the subject of this final rulemaking are
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listed below 1 and in EPA’s October 2,
2007, memorandum entitled ‘‘Guidance
on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8Hour Ozone and PM2.5 National
Ambient Air Quality Standards.’’ and
September 25, 2009, memorandum
entitled ‘‘Guidance on SIP Elements
Required Under Section 110(a)(1) and
(2) for the 2006 24-Hour Fine Particle
(PM2.5) National Ambient Air Quality
Standards.’’
• 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 of control measures.2
• 110(a)(2)(D): Interstate transport.3
• 110(a)(2)(E): Adequate resources.
• 110(a)(2)(F): Stationary source
monitoring system.
• 110(a)(2)(G): Emergency power.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(I): Areas designated
nonattainment and meet the applicable
requirements of part D.4
• 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.
II. This Action
EPA is taking final action to approve
Mississippi’s infrastructure submissions
as demonstrating that the State meets
portions of the applicable requirements
of sections 110(a)(1) and (2) of the CAA
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 are due at the time
the nonattainment area plan requirements are due
pursuant to section 172. 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 final
rulemaking does not address infrastructure
elements related to section 110(a)(2)(I) or the
nonattainment plan requirements of section
110(a)(2)(C).
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 Today’s final rule does not address element
110(a)(2)(D)(i) (Interstate Transport) for the 1997
and 2006 PM2.5 NAAQS.
4 This requirement was inadvertently omitted
from EPA’s October 2, 2007, memorandum entitled
‘‘Guidance on SIP Elements Required Under
Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality
Standards,’’ but as mentioned above is not relevant
to today’s final rulemaking.
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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations
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for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Section 110(a) of 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 1997 annual
and 2006 24-hour PM2 NAAQS are
implemented, enforced, and maintained
in Mississippi. EPA is taking separate
action on sections 110(a)(2)(D)(i),
110(a)(2)(E)(ii) and 110(a)(2)(G) of
Mississippi 1997 annual and 2006 24hour PM2 infrastructure submissions.
EPA received no adverse comments
on its June 12, 2012, proposed approval
of portions of Mississippi’s December 7,
2007, and on October 6, 2009,
infrastructure submissions.
Additionally, on September 6, 2012,
EPA signed a final rulemaking action
approving revisions to Mississippi’s
New Source Review (NSR)
requirements, which Mississippi relies
in part on to meet the requirements for
sections 110(a)(2)(C) and 110(a)(2)(J) for
the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA is not taking action today
on Mississippi’s NSR program, as these
requirements are already approved for
Mississippi’s SIP.
EPA is finalizing its determination
that Mississippi’s infrastructure
submissions, provided to EPA on
December 7, 2007, and October 6, 2009,
address all the required infrastructure
elements for the 1997 annual and 2006
24-hour PM2.5 NAAQS with the
exceptions noted above. EPA has
determined that Mississippi’s December
7, 2007, and October 6, 2009,
submissions are consistent with section
110 of the CAA.
III. Final Action
EPA has determined that MDEQ has
addressed certain elements of the CAA
110(a)(1) and (2) SIP requirements
pursuant to EPA’s October 2, 2007,
guidance to ensure that 1997 annual and
2006 24-hour PM2.5 NAAQS are
implemented, enforced, and maintained
in Mississippi. As such, EPA is taking
final action to approve those elements
as described in Mississippi’s December
7, 2007, and October 6, 2009,
submissions for 1997 annual and 2006
24-hour PM2.5 NAAQS because these
portions of the submissions are
consistent with section 110 of the CAA.
As noted above, EPA is not taking action
on the portions Mississippi’s
infrastructure submissions related to
sections 110(a)(2)(D)(i), 110(a)(2)(E)(ii)
and 110(a)(2)(G). In addition, EPA notes
that today’s action is not approving any
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specific rule, but rather making a
determination that Mississippi’s already
approved SIP meets certain CAA
requirements.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian
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country, and EPA notes that it will not
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 10, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 25, 2012.
A. Stanley Meiburg,
Acting 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 paragraph (e), is
amended by adding two new entries for
‘‘110(a)(1) and (2) Infrastructure
Requirements for the 1997 Fine
Particulate Matter National Ambient Air
Quality Standards’’ and ‘‘110(a)(1) and
■
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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations
(2) Infrastructure Requirements for the
2006 Fine Particulate Matter National
Ambient Air Quality Standards’’ at the
end of the table to read as follows:
§ 52.1270
*
61279
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
Name of nonregulatory SIP provision
State submittal
date/effective
date
EPA approval date
Explanation
*
*
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter
National Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter
National Ambient Air Quality Standards.
*
Mississippi .............
*
12/7/2007
*
10/9/2012 [Insert citation of publication].
*
*
With the exception of sections
110(a)(2)(D)(i), 110(a)(2)(E)(ii) and
110(a)(2)(G).
Mississippi .............
10/6/2009
10/9/2012 [Insert citation of publication].
With the exception of sections
110(a)(2)(D)(i), 110(a)(2)(E)(ii) and
110(a)(2)(G).
[FR Doc. 2012–24631 Filed 10–5–12; 8:45 am]
DATES:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0238; FRL–9738–6]
Approval and Promulgation of
Implementation Plans; Mississippi;
110(a)(2)(G) Infrastructure
Requirement for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve the State Implementation Plan
(SIP) revision, submitted by the
Mississippi Department of
Environmental Quality, on July 26,
2012. This SIP revision was submitted
to address Clean Air Act (CAA or Act)
section 110(a)(2)(G). Specifically, EPA is
approving Mississippi’s July 26, 2012,
submission addressing section
110(a)(2)(G), of the CAA for both the
1997 and 2006 fine particulate matter
(PM2.5) National Ambient Air Quality
Standards (NAAQS). Section 110(a) of
the CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance, and
enforcement of each NAAQS
promulgated by the EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. The subject of this
notice is limited to infrastructure
element 110(a)(2)(G). All other
applicable Mississippi infrastructure
elements are being addressed in a
separate rulemakings.
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SUMMARY:
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Effective Date: This rule will be
effective on November 8, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0238. 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 Regulatory Development Section,
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 to 4:30
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning 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) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
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II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
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. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On July 31, 2012, EPA
proposed to approve Mississippi’s
submission addressing section
110(a)(2)(G). A summary of the
background for today’s final action is
provided below. See EPA’s July 31,
2012, proposed rulemaking at 77 FR
45320 for more detail.
Section 110(a) of the CAA requires
states to submit SIPs 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. Section 110(a) imposes the
obligation upon states to make a SIP
submission to EPA for a new or revised
NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. The data
and analytical tools available at the time
the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 annual and 2006
24-hour PM2.5 NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
E:\FR\FM\09OCR1.SGM
09OCR1
]]>Agencies
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61276-61279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24631]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0402; FRL-9738-7]
Approval and Promulgation of Implementation Plans; Mississippi;
110(a)(1) and (2) Infrastructure Requirements for the 1997 and 2006
Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve the State Implementation
Plan (SIP) submissions, submitted by the State of Mississippi, through
the Mississippi Department of Environmental Quality (MDEQ), as
demonstrating that the State meets portions of the SIP requirements of
sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the
1997 annual and 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standards (NAAQS). Section 110(a) of the
CAA requires that
[[Page 61277]]
each state adopt and submit a SIP for the implementation, maintenance,
and enforcement of each NAAQS promulgated by the EPA, which is commonly
referred to as an ``infrastructure'' SIP. MDEQ certified that the
Mississippi SIP contains provisions that ensure the 1997 annual and
2006 24-hour PM2 NAAQS are implemented, enforced, and
maintained in Mississippi (hereafter referred to as ``infrastructure
submissions''). With the exception of sections 110(a)(2)(D)(i),
110(a)(2)(E)(ii) and 110(a)(2)(G), each of which will be addressed in
separate actions, Mississippi's infrastructure submissions, provided to
EPA on December 7, 2007, and October 6, 2009, address all the required
infrastructure elements for the 1997 annual and 2006 24-hour
PM2 NAAQS.
DATES: Effective Date: This rule will be effective November 8, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0402. 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 Regulatory Development Section, 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 to 4:30 excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning 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)
562-9043. Mr. Lakeman can be reached via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
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. On July 18, 1997 (62 FR
38652), EPA promulgated a new annual PM2.5 NAAQS and on
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On
June 12, 2012, EPA proposed to approve Mississippi's December 7, 2007,
and on October 6, 2009, infrastructure submissions for the 1997 annual
and 2006 24-hour PM2.5 NAAQS. See 77 FR 34898. A summary of
the background for today's final action is provided below. See EPA's
June 12, 2012, proposed rulemaking at 77 FR 34898 for more detail.
Section 110(a) of the CAA requires states to submit SIPs 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. Section
110(a) imposes the obligation upon states to make a SIP submission to
EPA for a new or revised NAAQS, but the contents of that submission may
vary depending upon the facts and circumstances. The data and
analytical tools available at the time the state develops and submits
the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. In the case of the 1997 annual and 2006 24-hour
PM2.5 NAAQS, states typically have met the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous PM 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 already mentioned, these
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements that are the
subject of this final rulemaking are listed below \1\ and in EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and
PM2.5 National Ambient Air Quality Standards.'' and
September 25, 2009, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 2006 24-Hour Fine
Particle (PM2.5) National Ambient Air Quality Standards.''
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\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 are due at the time the nonattainment
area plan requirements are due pursuant to section 172. 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 final rulemaking
does not address infrastructure elements related to section
110(a)(2)(I) or the nonattainment plan requirements of section
110(a)(2)(C).
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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 of control
measures.\2\
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\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
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110(a)(2)(D): Interstate transport.\3\
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\3\ Today's final rule does not address element 110(a)(2)(D)(i)
(Interstate Transport) for the 1997 and 2006 PM2.5 NAAQS.
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110(a)(2)(E): Adequate resources.
110(a)(2)(F): Stationary source monitoring system.
110(a)(2)(G): Emergency power.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(I): Areas designated nonattainment and meet the
applicable requirements of part D.\4\
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\4\ This requirement was inadvertently omitted from EPA's
October 2, 2007, memorandum entitled ``Guidance on SIP Elements
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone
and PM2.5 National Ambient Air Quality Standards,'' but
as mentioned above is not relevant to today's final rulemaking.
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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.
II. This Action
EPA is taking final action to approve Mississippi's infrastructure
submissions as demonstrating that the State meets portions of the
applicable requirements of sections 110(a)(1) and (2) of the CAA
[[Page 61278]]
for the 1997 annual and 2006 24-hour PM2.5 NAAQS. Section
110(a) of 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 1997 annual and 2006 24-hour
PM2 NAAQS are implemented, enforced, and maintained in
Mississippi. EPA is taking separate action on sections 110(a)(2)(D)(i),
110(a)(2)(E)(ii) and 110(a)(2)(G) of Mississippi 1997 annual and 2006
24-hour PM2 infrastructure submissions.
EPA received no adverse comments on its June 12, 2012, proposed
approval of portions of Mississippi's December 7, 2007, and on October
6, 2009, infrastructure submissions. Additionally, on September 6,
2012, EPA signed a final rulemaking action approving revisions to
Mississippi's New Source Review (NSR) requirements, which Mississippi
relies in part on to meet the requirements for sections 110(a)(2)(C)
and 110(a)(2)(J) for the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA is not taking action today on Mississippi's NSR program, as
these requirements are already approved for Mississippi's SIP.
EPA is finalizing its determination that Mississippi's
infrastructure submissions, provided to EPA on December 7, 2007, and
October 6, 2009, address all the required infrastructure elements for
the 1997 annual and 2006 24-hour PM2.5 NAAQS with the
exceptions noted above. EPA has determined that Mississippi's December
7, 2007, and October 6, 2009, submissions are consistent with section
110 of the CAA.
III. Final Action
EPA has determined that MDEQ has addressed certain elements of the
CAA 110(a)(1) and (2) SIP requirements pursuant to EPA's October 2,
2007, guidance to ensure that 1997 annual and 2006 24-hour
PM2.5 NAAQS are implemented, enforced, and maintained in
Mississippi. As such, EPA is taking final action to approve those
elements as described in Mississippi's December 7, 2007, and October 6,
2009, submissions for 1997 annual and 2006 24-hour PM2.5
NAAQS because these portions of the submissions are consistent with
section 110 of the CAA. As noted above, EPA is not taking action on the
portions Mississippi's infrastructure submissions related to sections
110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 110(a)(2)(G). In addition, EPA
notes that today's action is not approving any specific rule, but
rather making a determination that Mississippi's already approved SIP
meets certain CAA requirements.
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 Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and EPA notes that it
will not 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 10, 2012. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: September 25, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Z--Mississippi
0
2. Section 52.1270 paragraph (e), is amended by adding two new entries
for ``110(a)(1) and (2) Infrastructure Requirements for the 1997 Fine
Particulate Matter National Ambient Air Quality Standards'' and
``110(a)(1) and
[[Page 61279]]
(2) Infrastructure Requirements for the 2006 Fine Particulate Matter
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
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Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Mississippi....... 12/7/2007 10/9/2012 [Insert With the exception of
Infrastructure Requirements citation of sections
for 1997 Fine Particulate publication]. 110(a)(2)(D)(i),
Matter National Ambient Air 110(a)(2)(E)(ii) and
Quality Standards. 110(a)(2)(G).
110(a)(1) and (2) Mississippi....... 10/6/2009 10/9/2012 [Insert With the exception of
Infrastructure Requirements citation of sections
for 2006 Fine Particulate publication]. 110(a)(2)(D)(i),
Matter National Ambient Air 110(a)(2)(E)(ii) and
Quality Standards. 110(a)(2)(G).
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[FR Doc. 2012-24631 Filed 10-5-12; 8:45 am]
BILLING CODE 6560-50-P
