Approval and Promulgation of Implementation Plans; Mississippi; 110(a)(2)(E)(ii) Infrastructure Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 20793-20796 [2013-07975]
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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations
Dated: March 21, 2013.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–08038 Filed 4–5–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0402; FRL–9797–6]
Approval and Promulgation of
Implementation Plans; Mississippi;
110(a)(2)(E)(ii) 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 in part, and disapprove in part,
the State Implementation Plan (SIP)
submission, provided by the Mississippi
Department of Environmental Quality
(MDEQ), on October 11, 2012. This
submission pertains to specific Clean
Air Act (CAA) requirements for the 1997
annual and 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS) infrastructure SIPs. This
action focuses on one component of the
infrastructure requirements in the CAA.
The CAA requires states to include
provisions in their SIP to address
conflicts of interest for state boards or
bodies that approve CAA permits and
enforcement orders and disclosure of
conflict of interest requirements.
Specifically, EPA is now approving the
submission as it relates to the public
interest requirements of CAA and the
conflict of interest disclosure
provisions. EPA is also now
disapproving Mississippi’s submission
only as it pertains to compliance with
the significant portion of income
requirements of the CAA. Through this
action, EPA is only taking action on the
infrastructure SIP requirement related to
Mississippi’s obligation to address
conflicts of interest requirements for
state boards or bodies that approve CAA
permits and enforcement orders and
disclosure of conflict of interest
requirements. All other applicable
Mississippi infrastructure elements for
the 1997 annual and 2006 24-hour PM2.5
NAAQS have been addressed through
separate rulemakings. EPA is also taking
action to finalize substantive SIP
revisions included with MDEQ’s
October 11, 2012, submission.
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SUMMARY:
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Effective Date: This rule will be
effective May 8, 2013.
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.
DATES:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
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
PM2.5 NAAQS. Upon promulgation of a
new or revised NAAQS, section 110(a)
of the CAA requires states to submit
SIPs providing 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. More
specifically, section 110(a)(1) provides
the procedural and timing requirements
for SIPs, and section 110(a)(2) lists
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20793
specific elements that states must meet
for ‘‘infrastructure’’ SIP requirements
related to a newly established or revised
NAAQS. The section 110(a)(2)
requirements include SIP infrastructure
elements such as modeling, monitoring,
and emissions inventories that are
designed to assure attainment and
maintenance of the NAAQS.
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. For
many of the section 110(a)
requirements, states have typically met
these basic program elements through
earlier SIP submissions in connection
with previous NAAQS.
Mississippi submitted a SIP revision
on October 11, 2012, to address section
110(a)(2)(E)(ii) infrastructure
requirements for both the 1997 annual
and 2006 24-hour PM2.5 NAAQS. On
August 9, 2012, EPA proposed to
approve in part, and disapprove in part,
Mississippi’s infrastructure SIP
submission addressing section
110(a)(2)(E)(ii).1
Section 110(a)(2)(E)(ii) of the
infrastructure SIP requires that states
comply with the requirements
respecting state boards provided at
Section 128 of the CAA. Section 128, in
turn, requires that states include
provisions in their SIP to address
conflicts of interest for state boards or
bodies that approve CAA permits and
enforcement orders and to address
disclosure of conflict of interest
requirements. Specifically, CAA section
128(a)(1) necessitates that each SIP shall
require that at least a majority of any
board or body which approves permits
or enforcement orders be subject to
public interest service and income
restrictions. Section 128(a)(2) requires
that the members of any board or body,
or the head of an executive agency with
similar power to approve permits or
enforcement orders under the CAA,
shall also be subject to conflict of
interest disclosure requirements.
In addition to the above-described
proposed partial approval and partial
disapproval of Mississippi’s
infrastructure SIP submission
1 EPA took action on Mississippi’s other
applicable infrastructure SIP requirements in a
separate rulemaking. See 77 FR 61276.
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addressing section 110(a)(2)(E)(ii), EPA
also proposed to approve certain
sections of the Mississippi Constitution
and Mississippi Code into the SIP.
Specifically, EPA proposed to approve
Mississippi’s Article 4, Section 109 of
the Mississippi Constitution and
portions of Mississippi Code sections
25–4–25, –27, –29, –101, –103, and –105
into the Mississippi SIP. These SIP
revisions satisfy certain conflict of
interest requirements of section 128,
which as described above, are required
as part of the state’s infrastructure SIP
per section 110(a)(2)(E)(ii). More
information on these specific provisions
is provided in the proposed rule for
today’s action (77 FR 47573) and in the
state’s October 11, 2012, final SIP
revision which is available in the docket
for today’s action.
II. This Action
EPA is taking final action to approve
Article 4, Section 109 of Mississippi
Constitution and portions of Mississippi
Code sections 25–4–25, –27, –29, –101,
–103, and –105 into the Mississippi SIP
pursuant to section 128 of the CAA. The
specific provisions for inclusion in the
Mississippi SIP are described more fully
in the State’s October 11, 2012, final SIP
revision which is available in the docket
for today’s action.
EPA is also taking final action to
approve in part Mississippi’s
110(a)(2)(E)(ii) infrastructure
submission as it relates to the public
interest requirements of CAA section
128(a)(1) and the conflict of interest
disclosure provisions of section
128(a)(2). EPA is disapproving
Mississippi’s section 110(a)(2)(E)(ii)
submission only as it pertains to
compliance with the significant portion
of income requirements of section
128(a)(1) of the CAA. See the August 9,
2012, proposed rule for EPA’s analysis
of Mississippi’s 110(a)(2)(E)(ii)
submission. (77 FR 47573). The
110(a)(2)(E)(ii) proposed actions were
contingent upon Mississippi providing
EPA with a final SIP revision that was
not changed significantly from the July
13, 2012, draft revision. Mississippi
provided its final SIP revision on
October 11, 2012. There were no
significant changes made to the final
submittal. EPA received no comments
on its August 9, 2012, proposed partial
approval and partial disapproval of
Mississippi’s draft SIP revision
addressing section 110(a)(2)(E)(ii).
Although EPA is taking action to
disapprove a portion of Mississippi’s
110(a)(2)(E)(ii) submission, the Agency
notes that Mississippi has submitted a
number of SIP revisions that are being
determined adequate for approvability
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regarding the requirements of section
128. For example, Mississippi Code
Section 25–4–105 precludes all public
servants from using his or her official
position to obtain, or attempt to obtain,
pecuniary benefit for him- or herself
other than that compensation provided
for by law, or to obtain, or attempt to
obtain, pecuniary benefit for any
relative or any business with which he
or she is associated. In addition, this
section prevents board members from
performing any service for any
compensation during their term by
which they attempt to influence a
decision of the authority of the board.
EPA interprets these requirements, once
incorporated into the SIP, as
demonstrating that Mississippi meets
the section 128(a)(1) requirements
respecting public interest.
EPA also notes that the public policy
declared by the Mississippi Legislature
in Mississippi Code Annotated section
25–4–101, which is being approved into
the SIP today, in large part comports
with the intent behind the CAA section
128 requirements.2
III. Final Action
As already described, EPA is taking
final action to approve in part
Mississippi’s October 11, 2012,
submission for the 1997 annual and
2006 24-hour PM2.5 NAAQS addressing
section 110(a)(2)(E)(ii) infrastructure
requirements as it relates to the public
interest requirements of CAA section
128(a)(1) and the conflict of interest
disclosure provisions of section
128(a)(2). EPA is disapproving
Mississippi’s section 110(a)(2)(E)(ii)
submission as it pertains to compliance
with the significant portion of income
requirements of section 128(a)(1) of the
CAA.
Under section 179(a) of the CAA, final
disapproval of a submittal that
addresses a requirement of a Part D Plan
(42 U.S.C. sections 7501–7515) or is
required in response to a finding of
substantial inadequacy as described in
section 7410(k)(5) (SIP call) starts a
sanctions clock. Section 110(a)(2)(E)(ii)
provisions (the significant portion of
income requirements of section
128(a)(1) being disapproved in today’s
notice) were not submitted to meet
2 Section 25–4–101 provides that the Mississippi
Legislature ‘‘declares that elective and public office
and employment is a public trust and any effort to
realize personal gain through official conduct, other
than as provided by law, or as a natural
consequence of the employment or position, is a
violation of that trust. Therefore, public servants
shall endeavor to pursue a course of conduct which
will not raise suspicion among the public that they
are likely to be engaged in acts that are in violation
of this trust and which will not reflect unfavorably
upon the state and local governments.’’
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requirements for Part D, and therefore,
no sanctions will be triggered. This
partial disapproval action, however,
does trigger the requirement under
section 110(c) that EPA promulgate a
FIP no later than 2 years from the date
of the disapproval unless the state
corrects the deficiency and the
Administrator approves the plan or plan
revision before the Administrator
promulgates such FIP.
In addition, to the above actions
respecting 110(a)(2)(E)(ii) infrastructure
requirements, EPA is today also
approving into the SIP the revisions
related to section 128 submitted by
Mississippi on October 11, 2012.
Specifically, EPA is approving Article 4,
Section 109 of Mississippi Constitution
and portions of Mississippi Code
sections 25–4–25, –27, –29, –101, –103,
and –105 into the Mississippi SIP.
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 in part state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law, and
disapproves in part state law because it
does not fully meet federal
requirements. 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);
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Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations
• 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 June 7, 2013. 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,
Nitrogen dioxide, Particulate Matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 27, 2013.
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 is amended by:
a. In paragraph (c), adding an entry
under the new heading ‘‘Mississippi
State Constitution’’ and six entries
under the new heading ‘‘Mississippi
Code’’ at the end of the table.
■ b. In paragraph (e), adding a new entry
for ‘‘110(a)(2)(E)(ii) Infrastructure
Requirement for the 1997 and 2006 Fine
Particulate Matter National Ambient Air
Quality Standards’’ at the end of the
table.
The additions read as follows:
■
■
§ 52.1270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
*
State
effective
date
Title/subject
*
*
*
EPA approval
date
*
*
Mississippi State Constitution
Article 4 Section 109 ....
Interest of Public Officers in Contracts ....................................
9/27/2012
4/8/2013
[Insert citation
of publication].
4/8/2013
[Insert citation
of publication].
4/8/2013
[Insert citation
of publication].
4/8/2013
[Insert citation
of publication].
4/8/2013
[Insert citation
of publication].
Mississippi Code
Persons required to file statement of economic interest .........
9/27/2012
Section 25–4–27 ...........
Contents of statement of economic interest ............................
9/27/2012
Section 25–4–29 ...........
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Section 25–4–25 ...........
Filing dates for statement ........................................................
9/27/2012
Section 25–4–101 .........
Declaration of public policy ......................................................
9/27/2012
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Explanation
*
20796
Federal Register / Vol. 78, No. 67 / Monday, April 8, 2013 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State
effective
date
EPA approval
date
Definitions .................................................................................
9/27/2012
Certain actions, activities and business relationships prohibited or authorized; contacts in violation of section voidable;
penalties.
9/27/2012
4/8/2013
[Insert citation
of publication].
4/8/2013
[Insert citation
of publication].
State citation
Title/subject
Section 25–4–103 .........
Section 25–4–105 .........
*
*
*
*
*
Explanation
(e) * * *
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
*
*
110(a)(2)(E)(ii) Infrastructure Requirement
for the 1997 and 2006
Fine Particulate Matter National Ambient
Air Quality Standards.
*
3. Section 52.1278 is amended by
designating the existing text as
paragraph (a) and adding paragraph (b)
to read as follows:
§ 52.1278 Control strategy: Sulfur oxides
and particulate matter.
*
*
*
*
*
(b) Disapproval. EPA is disapproving
portions of Mississippi’s Infrastructure
SIP for the 1997 annual and 2006 24hour PM2.5 NAAQS addressing section
110(a)(2)(E)(ii) that requires the State to
comply with section 128 of the CAA.
[FR Doc. 2013–07975 Filed 4–5–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 10–90 and 05–337; DA
13–282]
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*
Data Specifications for Collecting
Study Area Boundaries
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau adopts
SUMMARY:
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Explanation
*
10/11/2012
modifications to the data specifications
for collecting study area boundaries for
purposes of implementing various
reforms. The original specifications
were adopted in the Commission’s
Connect America Fund; High-Cost
Universal Service Support, Report and
Order, (Study Area Boundary Order),
released on November 6, 2012.
DATES: Effective April 8, 2013. The
modifications adopted in this document
are revisions to the Study Area
Boundary Order data collection. The
Study Area Boundary Order contained
new information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. The Bureau submitted a
request for emergency PRA approval for
the new data collection to the Office of
Management and Budget (OMB) in
December 2012, and OMB approved the
Bureau’s request on January 23, 2013.
The OMB control number for this
collection is 3060–1181.
FOR FURTHER INFORMATION CONTACT:
Chelsea Fallon, Assistant Division
Chief, at 202–418–7991, Industry
Analysis & Technology Division,
Wireline Competition Bureau. For
additional information concerning the
PRA information collection
requirements contained in this
PO 00000
EPA approval
date
*
Mississippi ................................................................................
■
VerDate Mar<15>2010
State submittal date/
effective
date
Applicable geographic or nonattainment area
4/8/2013 .........
[Insert citation
of publication].
*
EPA disapproved the
State’s
110(a)(2)(E)(ii) as it
relates to section
128(a)(2), the significant portion of
income requirement.
document, send an email to
PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214.
This is a
summary of the Bureau’s Study Area
Boundary Reconsideration Order
(Reconsideration Order) in WC Docket
No. 10–90; WC Docket No. 05–337; DA
13–282, released on February 26, 2013.
The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, Room CY–A257, 445
12th Street SW., Washington, DC 20554,
and may also be purchased from the
Commission’s copy contractor, BCPI,
Inc., Portals II, 445 12th Street SW.,
Room CY–B402, Washington, DC 20554.
Customers may contact BCPI, Inc. via
their Web site, https://www.bcpi.com, or
call 1–800–378–3160. This document is
available in alternative formats
(computer diskette, large print, audio
record, and Braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
SUPPLEMENTARY INFORMATION:
Synopsis of Reconsideration Order
1. On November 6, 2012, the Wireline
Competition Bureau (Bureau) released
the Study Area Boundary Order, DA 12–
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]]>Agencies
[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Rules and Regulations]
[Pages 20793-20796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07975]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0402; FRL-9797-6]
Approval and Promulgation of Implementation Plans; Mississippi;
110(a)(2)(E)(ii) Infrastructure Requirements for the 1997 and 2006 Fine
Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to approve in part, and disapprove
in part, the State Implementation Plan (SIP) submission, provided by
the Mississippi Department of Environmental Quality (MDEQ), on October
11, 2012. This submission pertains to specific Clean Air Act (CAA)
requirements for the 1997 annual and 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) infrastructure SIPs. This action focuses on one component of
the infrastructure requirements in the CAA. The CAA requires states to
include provisions in their SIP to address conflicts of interest for
state boards or bodies that approve CAA permits and enforcement orders
and disclosure of conflict of interest requirements. Specifically, EPA
is now approving the submission as it relates to the public interest
requirements of CAA and the conflict of interest disclosure provisions.
EPA is also now disapproving Mississippi's submission only as it
pertains to compliance with the significant portion of income
requirements of the CAA. Through this action, EPA is only taking action
on the infrastructure SIP requirement related to Mississippi's
obligation to address conflicts of interest requirements for state
boards or bodies that approve CAA permits and enforcement orders and
disclosure of conflict of interest requirements. All other applicable
Mississippi infrastructure elements for the 1997 annual and 2006 24-
hour PM2.5 NAAQS have been addressed through separate
rulemakings. EPA is also taking action to finalize substantive SIP
revisions included with MDEQ's October 11, 2012, submission.
DATES: Effective Date: This rule will be effective May 8, 2013.
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
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 PM2.5 NAAQS. Upon promulgation of
a new or revised NAAQS, section 110(a) of the CAA requires states to
submit SIPs providing 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. More specifically, section 110(a)(1) provides the procedural
and timing requirements for SIPs, and section 110(a)(2) lists specific
elements that states must meet for ``infrastructure'' SIP requirements
related to a newly established or revised NAAQS. The section 110(a)(2)
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS.
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. For many of the section 110(a) requirements, states have
typically met these basic program elements through earlier SIP
submissions in connection with previous NAAQS.
Mississippi submitted a SIP revision on October 11, 2012, to
address section 110(a)(2)(E)(ii) infrastructure requirements for both
the 1997 annual and 2006 24-hour PM2.5 NAAQS. On August 9,
2012, EPA proposed to approve in part, and disapprove in part,
Mississippi's infrastructure SIP submission addressing section
110(a)(2)(E)(ii).\1\
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\1\ EPA took action on Mississippi's other applicable
infrastructure SIP requirements in a separate rulemaking. See 77 FR
61276.
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Section 110(a)(2)(E)(ii) of the infrastructure SIP requires that
states comply with the requirements respecting state boards provided at
Section 128 of the CAA. Section 128, in turn, requires that states
include provisions in their SIP to address conflicts of interest for
state boards or bodies that approve CAA permits and enforcement orders
and to address disclosure of conflict of interest requirements.
Specifically, CAA section 128(a)(1) necessitates that each SIP shall
require that at least a majority of any board or body which approves
permits or enforcement orders be subject to public interest service and
income restrictions. Section 128(a)(2) requires that the members of any
board or body, or the head of an executive agency with similar power to
approve permits or enforcement orders under the CAA, shall also be
subject to conflict of interest disclosure requirements.
In addition to the above-described proposed partial approval and
partial disapproval of Mississippi's infrastructure SIP submission
[[Page 20794]]
addressing section 110(a)(2)(E)(ii), EPA also proposed to approve
certain sections of the Mississippi Constitution and Mississippi Code
into the SIP. Specifically, EPA proposed to approve Mississippi's
Article 4, Section 109 of the Mississippi Constitution and portions of
Mississippi Code sections 25-4-25, -27, -29, -101, -103, and -105 into
the Mississippi SIP. These SIP revisions satisfy certain conflict of
interest requirements of section 128, which as described above, are
required as part of the state's infrastructure SIP per section
110(a)(2)(E)(ii). More information on these specific provisions is
provided in the proposed rule for today's action (77 FR 47573) and in
the state's October 11, 2012, final SIP revision which is available in
the docket for today's action.
II. This Action
EPA is taking final action to approve Article 4, Section 109 of
Mississippi Constitution and portions of Mississippi Code sections 25-
4-25, -27, -29, -101, -103, and -105 into the Mississippi SIP pursuant
to section 128 of the CAA. The specific provisions for inclusion in the
Mississippi SIP are described more fully in the State's October 11,
2012, final SIP revision which is available in the docket for today's
action.
EPA is also taking final action to approve in part Mississippi's
110(a)(2)(E)(ii) infrastructure submission as it relates to the public
interest requirements of CAA section 128(a)(1) and the conflict of
interest disclosure provisions of section 128(a)(2). EPA is
disapproving Mississippi's section 110(a)(2)(E)(ii) submission only as
it pertains to compliance with the significant portion of income
requirements of section 128(a)(1) of the CAA. See the August 9, 2012,
proposed rule for EPA's analysis of Mississippi's 110(a)(2)(E)(ii)
submission. (77 FR 47573). The 110(a)(2)(E)(ii) proposed actions were
contingent upon Mississippi providing EPA with a final SIP revision
that was not changed significantly from the July 13, 2012, draft
revision. Mississippi provided its final SIP revision on October 11,
2012. There were no significant changes made to the final submittal.
EPA received no comments on its August 9, 2012, proposed partial
approval and partial disapproval of Mississippi's draft SIP revision
addressing section 110(a)(2)(E)(ii).
Although EPA is taking action to disapprove a portion of
Mississippi's 110(a)(2)(E)(ii) submission, the Agency notes that
Mississippi has submitted a number of SIP revisions that are being
determined adequate for approvability regarding the requirements of
section 128. For example, Mississippi Code Section 25-4-105 precludes
all public servants from using his or her official position to obtain,
or attempt to obtain, pecuniary benefit for him- or herself other than
that compensation provided for by law, or to obtain, or attempt to
obtain, pecuniary benefit for any relative or any business with which
he or she is associated. In addition, this section prevents board
members from performing any service for any compensation during their
term by which they attempt to influence a decision of the authority of
the board. EPA interprets these requirements, once incorporated into
the SIP, as demonstrating that Mississippi meets the section 128(a)(1)
requirements respecting public interest.
EPA also notes that the public policy declared by the Mississippi
Legislature in Mississippi Code Annotated section 25-4-101, which is
being approved into the SIP today, in large part comports with the
intent behind the CAA section 128 requirements.\2\
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\2\ Section 25-4-101 provides that the Mississippi Legislature
``declares that elective and public office and employment is a
public trust and any effort to realize personal gain through
official conduct, other than as provided by law, or as a natural
consequence of the employment or position, is a violation of that
trust. Therefore, public servants shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that they
are likely to be engaged in acts that are in violation of this trust
and which will not reflect unfavorably upon the state and local
governments.''
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III. Final Action
As already described, EPA is taking final action to approve in part
Mississippi's October 11, 2012, submission for the 1997 annual and 2006
24-hour PM2.5 NAAQS addressing section 110(a)(2)(E)(ii)
infrastructure requirements as it relates to the public interest
requirements of CAA section 128(a)(1) and the conflict of interest
disclosure provisions of section 128(a)(2). EPA is disapproving
Mississippi's section 110(a)(2)(E)(ii) submission as it pertains to
compliance with the significant portion of income requirements of
section 128(a)(1) of the CAA.
Under section 179(a) of the CAA, final disapproval of a submittal
that addresses a requirement of a Part D Plan (42 U.S.C. sections 7501-
7515) or is required in response to a finding of substantial inadequacy
as described in section 7410(k)(5) (SIP call) starts a sanctions clock.
Section 110(a)(2)(E)(ii) provisions (the significant portion of income
requirements of section 128(a)(1) being disapproved in today's notice)
were not submitted to meet requirements for Part D, and therefore, no
sanctions will be triggered. This partial disapproval action, however,
does trigger the requirement under section 110(c) that EPA promulgate a
FIP no later than 2 years from the date of the disapproval unless the
state corrects the deficiency and the Administrator approves the plan
or plan revision before the Administrator promulgates such FIP.
In addition, to the above actions respecting 110(a)(2)(E)(ii)
infrastructure requirements, EPA is today also approving into the SIP
the revisions related to section 128 submitted by Mississippi on
October 11, 2012. Specifically, EPA is approving Article 4, Section 109
of Mississippi Constitution and portions of Mississippi Code sections
25-4-25, -27, -29, -101, -103, and -105 into the Mississippi SIP.
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 in part state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law, and disapproves in part state law because it does
not fully meet federal requirements. 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);
[[Page 20795]]
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 June 7, 2013. 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, Nitrogen dioxide, Particulate
Matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: March 27, 2013.
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 is amended by:
0
a. In paragraph (c), adding an entry under the new heading
``Mississippi State Constitution'' and six entries under the new
heading ``Mississippi Code'' at the end of the table.
0
b. In paragraph (e), adding a new entry for ``110(a)(2)(E)(ii)
Infrastructure Requirement for the 1997 and 2006 Fine Particulate
Matter National Ambient Air Quality Standards'' at the end of the
table.
The additions read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Mississippi Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mississippi State Constitution
--------------------------------------------------------------------------------------------------------------------------------------------------------
Article 4 Section 109............. Interest of Public Officers in Contracts...... 9/27/2012 4/8/2013
[Insert citation of
publication].
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Mississippi Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 25-4-25................... Persons required to file statement of economic 9/27/2012 4/8/2013
interest. [Insert citation of
publication].
Section 25-4-27................... Contents of statement of economic interest.... 9/27/2012 4/8/2013
[Insert citation of
publication].
Section 25-4-29................... Filing dates for statement.................... 9/27/2012 4/8/2013
[Insert citation of
publication].
Section 25-4-101.................. Declaration of public policy.................. 9/27/2012 4/8/2013
[Insert citation of
publication].
[[Page 20796]]
Section 25-4-103.................. Definitions................................... 9/27/2012 4/8/2013
[Insert citation of
publication].
Section 25-4-105.................. Certain actions, activities and business 9/27/2012 4/8/2013
relationships prohibited or authorized; [Insert citation of
contacts in violation of section voidable; publication].
penalties.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
submittal
Name of non-regulatory SIP Applicable geographic or nonattainment area date/ EPA approval date Explanation
provision effective
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
110(a)(2)(E)(ii) Infrastructure Mississippi................................... 10/11/2012 4/8/2013............. EPA disapproved the State's
Requirement for the 1997 and 2006 [Insert citation of 110(a)(2)(E)(ii) as it relates
Fine Particulate Matter National publication]. to section 128(a)(2), the
Ambient Air Quality Standards. significant portion of income
requirement.
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0
3. Section 52.1278 is amended by designating the existing text as
paragraph (a) and adding paragraph (b) to read as follows:
Sec. 52.1278 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(b) Disapproval. EPA is disapproving portions of Mississippi's
Infrastructure SIP for the 1997 annual and 2006 24-hour
PM2.5 NAAQS addressing section 110(a)(2)(E)(ii) that
requires the State to comply with section 128 of the CAA.
[FR Doc. 2013-07975 Filed 4-5-13; 8:45 am]
BILLING CODE 6560-50-P
