Approval and Promulgation of Implementation Plans; Mississippi; Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards, 68648-68657 [2014-27268]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Proposed Rules]
[Pages 68648-68657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27268]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0270; FRL-9919-41-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi; 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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[[Page 68649]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 proposal 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 (hereafter referred to as an 
``infrastructure SIP submission''). With the exception of provisions 
pertaining to prevention of significant deterioration (PSD) permitting 
and the state board majority requirements respecting significant 
portion of income, EPA is proposing to determine that Mississippi's 
infrastructure SIP submission, provided to EPA on November 17, 2011, 
addresses the required infrastructure elements for the 2008 Lead NAAQS.

DATES: Written comments must be received on or before December 18, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0270, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2013-0270,'' 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.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, 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. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0270. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in 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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, 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) 
562-9152. Mr. Farngalo can be reached via electronic mail at 
farngalo.zuri@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What elements are required under sections 110(a)(1) and (2)?
III. What is EPA's approach to the review of infrastructure SIP 
submissions?
IV. What is EPA's analysis of how Mississippi addressed the elements 
of sections 110(a)(1) and (2) ``infrastructure'' provisions?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 5, 1978, EPA promulgated primary and secondary NAAQS for 
Lead under section 109 of the Act. See 43 FR 46246. Both primary and 
secondary standards were set at a level of 1.5 micrograms per cubic 
meter ([micro]g/m\3\), measured as Lead in total suspended particulate 
matter (Pb-TSP), not to be exceeded by the maximum arithmetic mean 
concentration averaged over a calendar quarter. This standard was based 
on the 1977 Air Quality Criteria for Lead (USEPA, August 7, 1977). On 
November 12, 2008 (75 FR 81126), EPA issued a final rule to revise the 
primary and secondary Lead NAAQS. The revised primary and secondary 
Lead NAAQS were revised to 0.15 [micro]g/m\3\. By statute, SIPs meeting 
the requirements of sections 110(a)(1) and (2) are to be submitted by 
states within three years after promulgation of a new or revised NAAQS. 
Sections 110(a)(1) and (2) require states to address basic SIP 
requirements, including emissions inventories, monitoring, and modeling 
to assure attainment and maintenance of the NAAQS. States were required 
to submit such SIPs to EPA no later than October 15, 2011, for the 2008 
Lead NAAQS.\1\
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    \1\ In these infrastructure SIP submissions states generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2). Throughout this rulemaking, unless otherwise 
indicated, the term ``Air Pollution Control (APC)'' or ``Section 
APC-S-X'' indicates that the cited regulation has been approved into 
Mississippi's federally-approved SIP. The term ``Mississippi Code'' 
indicates cited Mississippi state statutes, which are not a part of 
the SIP unless otherwise indicated. Additionally, since the time of 
Mississippi's infrastructure SIP submissions for the 2008 Lead 
NAAQS, the state's implementation plan and statutes and have been 
recodified. In its original infrastructure SIP submission, MDEQ 
refers to Mississippi Code Title 49 as ``Appendix A-8.'' However, 
Mississippi supplemented its original infrastructure SIP submission 
following this recodification, and as such, updated the Mississippi 
Code reference to ``Appendix A-9'' to reflect the most current 
codification. Accordingly, EPA utilizes the ``Appendix A-9'' 
reference throughout today's rulemaking.

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[[Page 68650]]

    Today's action is proposing to approve Mississippi's infrastructure 
submissions for the applicable requirements of the 2008 Lead NAAQS, 
with the exception of the PSD permitting requirements for major sources 
of sections 110(a)(2)(C), prong 3 of D(i) and (J) and the majority 
requirements respecting significant portion of income of section 
110(a)(2)(E)(ii). With respect to Mississippi's infrastructure SIP 
submission related to the provisions pertaining to the PSD permitting 
requirements for major sources of sections 110(a)(2)(C), prong 3 of 
D(i) and (J), EPA is not proposing any action today regarding these 
requirements. EPA will act on these portions of the submission in a 
separate action. With respect to Mississippi's infrastructure SIP 
submission related to the majority requirements respecting significant 
portion of income of 110(a)(2)(E)(ii), EPA is proposing to disapprove 
this portion of Mississippi's November 17, 2011 submission in today's 
rulemaking. For the aspects of Mississippi's infrastructure SIP 
submission proposed for approval today, EPA is not approving any 
specific rule, but rather proposing that Mississippi's already approved 
SIP meets certain CAA requirements.

II. What elements are required under sections 110(a)(1) and (2)?

    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. In particular, 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 2008 Lead NAAQS, states typically have met 
the basic program elements required in section 110(a)(2) through 
earlier SIP submissions in connection with the 1978 Lead NAAQS.
    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 SIP infrastructure elements such as modeling, monitoring, and 
emissions inventories that are designed to assure attainment and 
maintenance of the NAAQS. The general requirements that are the subject 
of EPA's infrastructure SIP rulemaking are listed below \2\ and in 
EPA's October 14, 2011, memorandum entitled ``Guidance on 
Infrastructure State Implementation Plan (SIP) Elements Required Under 
Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National 
Ambient Air Quality Standards (NAAQS)'' (2011 Lead Infrastructure SIP 
Guidance).
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    \2\ 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 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 proposed 
rulemaking does not address infrastructure elements related to 
section 110(a)(2)(I) or the nonattainment planning requirements of 
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, Prevention of 
Significant Deterioration (PSD) and new source review (NSR).\3\
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    \3\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     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)(I): Nonattainment area plan or plan revision 
under part D.\4\
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    \4\ As mentioned above, this element is not relevant to today's 
proposed 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.

III. What is EPA's approach to the review of infrastructure SIP 
submissions?

    EPA is acting upon the SIP submission from Mississippi that 
addresses the infrastructure requirements of CAA sections 110(a)(1) and 
110(a)(2) for the Lead NAAQS. The requirement for states to make a SIP 
submission of this type arises out of CAA section 110(a)(1). Pursuant 
to section 110(a)(1), states must make SIP submissions ``within 3 years 
(or such shorter period as the Administrator may prescribe) after the 
promulgation of a national primary ambient air quality standard (or any 
revision thereof),'' and these SIP submissions are to provide for the 
``implementation, maintenance, and enforcement'' of such NAAQS. The 
statute directly imposes on states the duty to make these SIP 
submissions, and the requirement to make the submissions is not 
conditioned upon EPA's taking any action other than promulgating a new 
or revised NAAQS. Section 110(a)(2) includes a list of specific 
elements that ``[e]ach such plan'' submission must address.
    EPA has historically referred to these SIP submissions made for the 
purpose of satisfying the requirements of CAA sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Although the term 
``infrastructure SIP'' does not appear in the CAA, EPA uses the term to 
distinguish this particular type of SIP submission from submissions 
that are intended to satisfy other SIP requirements under the CAA, such 
as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to 
address the nonattainment planning requirements of part D of title I of 
the CAA, ``regional haze SIP'' submissions required by EPA rule to 
address the visibility protection requirements of CAA section 169A, and 
nonattainment new source review permit program submissions to address 
the permit requirements of CAA, title I, part D.
    Section 110(a)(1) addresses the timing and general requirements for 
infrastructure SIP submissions, and

[[Page 68651]]

section 110(a)(2) provides more details concerning the required 
contents of these submissions. The list of required elements provided 
in section 110(a)(2) contains a wide variety of disparate provisions, 
some of which pertain to required legal authority, some of which 
pertain to required substantive program provisions, and some of which 
pertain to requirements for both authority and substantive program 
provisions.\5\ EPA therefore believes that while the timing requirement 
in section 110(a)(1) is unambiguous, some of the other statutory 
provisions are ambiguous. In particular, EPA believes that the list of 
required elements for infrastructure SIP submissions provided in 
section 110(a)(2) contains ambiguities concerning what is required for 
inclusion in an infrastructure SIP submission.
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    \5\ For example: Section 110(a)(2)(E)(i) provides that states 
must provide assurances that they have adequate legal authority 
under state and local law to carry out the SIP; section 110(a)(2)(C) 
provides that states must have a SIP-approved program to address 
certain sources as required by part C of title I of the CAA; and 
section 110(a)(2)(G) provides that states must have legal authority 
to address emergencies as well as contingency plans that are 
triggered in the event of such emergencies.
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    The following examples of ambiguities illustrate the need for EPA 
to interpret some section 110(a)(1) and section 110(a)(2) requirements 
with respect to infrastructure SIP submissions for a given new or 
revised NAAQS. One example of ambiguity is that section 110(a)(2) 
requires that ``each'' SIP submission must meet the list of 
requirements therein, while EPA has long noted that this literal 
reading of the statute is internally inconsistent and would create a 
conflict with the nonattainment provisions in part D of title I of the 
Act, which specifically address nonattainment SIP requirements.\6\ 
Section 110(a)(2)(I) pertains to nonattainment SIP requirements and 
part D addresses when attainment plan SIP submissions to address 
nonattainment area requirements are due. For example, section 172(b) 
requires EPA to establish a schedule for submission of such plans for 
certain pollutants when the Administrator promulgates the designation 
of an area as nonattainment, and section 107(d)(1)(B) allows up to two 
years, or in some cases three years, for such designations to be 
promulgated.\7\ This ambiguity illustrates that rather than apply all 
the stated requirements of section 110(a)(2) in a strict literal sense, 
EPA must determine which provisions of section 110(a)(2) are applicable 
for a particular infrastructure SIP submission.
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    \6\ See, e.g., ``Rule To Reduce Interstate Transport of Fine 
Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions 
to Acid Rain Program; Revisions to the NOX SIP Call; 
Final Rule,'' 70 FR 25162, at 25163-65 (May 12, 2005) (explaining 
relationship between timing requirement of section 110(a)(2)(D) 
versus section 110(a)(2)(I)).
    \7\ EPA notes that this ambiguity within section 110(a)(2) is 
heightened by the fact that various subparts of part D set specific 
dates for submission of certain types of SIP submissions in 
designated nonattainment areas for various pollutants. Note, e.g., 
that section 182(a)(1) provides specific dates for submission of 
emissions inventories for the ozone NAAQS. Some of these specific 
dates are necessarily later than three years after promulgation of 
the new or revised NAAQS.
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    Another example of ambiguity within sections 110(a)(1) and 
110(a)(2) with respect to infrastructure SIPs pertains to whether 
states must meet all of the infrastructure SIP requirements in a single 
SIP submission, and whether EPA must act upon such SIP submission in a 
single action. Although section 110(a)(1) directs states to submit ``a 
plan'' to meet these requirements, EPA interprets the CAA to allow 
states to make multiple SIP submissions separately addressing 
infrastructure SIP elements for the same NAAQS. If states elect to make 
such multiple SIP submissions to meet the infrastructure SIP 
requirements, EPA can elect to act on such submissions either 
individually or in a larger combined action.\8\ Similarly, EPA 
interprets the CAA to allow it to take action on the individual parts 
of one larger, comprehensive infrastructure SIP submission for a given 
NAAQS without concurrent action on the entire submission. For example, 
EPA has sometimes elected to act at different times on various elements 
and sub-elements of the same infrastructure SIP submission.\9\
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    \8\ See, e.g., ``Approval and Promulgation of Implementation 
Plans; New Mexico; Revisions to the New Source Review (NSR) State 
Implementation Plan (SIP); Prevention of Significant Deterioration 
(PSD) and Nonattainment New Source Review (NNSR) Permitting,'' 78 FR 
4339 (January 22, 2013) (EPA's final action approving the structural 
PSD elements of the New Mexico SIP submitted by the State separately 
to meet the requirements of EPA's 2008 PM2.5 NSR rule), 
and ``Approval and Promulgation of Air Quality Implementation Plans; 
New Mexico; Infrastructure and Interstate Transport Requirements for 
the 2006 PM2.5 NAAQS,'' (78 FR 4337) (January 22, 2013) 
(EPA's final action on the infrastructure SIP for the 2006 
PM2.5 NAAQS).
    \9\ On December 14, 2007, the State of Tennessee, through the 
Tennessee Department of Environment and Conservation, made a SIP 
revision to EPA demonstrating that the State meets the requirements 
of sections 110(a)(1) and (2). EPA proposed action for 
infrastructure SIP elements (C) and (J) on January 23, 2012 (77 FR 
3213) and took final action on March 14, 2012 (77 FR 14976). On 
April 16, 2012 (77 FR 22533) and July 23, 2012 (77 FR 42997), EPA 
took separate proposed and final actions on all other section 
110(a)(2) infrastructure SIP elements of Tennessee's December 14, 
2007 submittal.
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    Ambiguities within sections 110(a)(1) and 110(a)(2) may also arise 
with respect to infrastructure SIP submission requirements for 
different NAAQS. Thus, EPA notes that not every element of section 
110(a)(2) would be relevant, or as relevant, or relevant in the same 
way, for each new or revised NAAQS. The states' attendant 
infrastructure SIP submissions for each NAAQS therefore could be 
different. For example, the monitoring requirements that a state might 
need to meet in its infrastructure SIP submission for purposes of 
section 110(a)(2)(B) could be very different for different pollutants 
because the content and scope of a state's infrastructure SIP 
submission to meet this element might be very different for an entirely 
new NAAQS than for a minor revision to an existing NAAQS.\10\
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    \10\ For example, implementation of the 1997 PM2.5 
NAAQS required the deployment of a system of new monitors to measure 
ambient levels of that new indicator species for the new NAAQS.
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    EPA notes that interpretation of section 110(a)(2) is also 
necessary when EPA reviews other types of SIP submissions required 
under the CAA. Therefore, as with infrastructure SIP submissions, EPA 
also has to identify and interpret the relevant elements of section 
110(a)(2) that logically apply to these other types of SIP submissions. 
For example, section 172(c)(7) requires that attainment plan SIP 
submissions required by part D have to meet the ``applicable 
requirements'' of section 110(a)(2). Thus, for example, attainment plan 
SIP submissions must meet the requirements of section 110(a)(2)(A) 
regarding enforceable emission limits and control measures and section 
110(a)(2)(E)(i) regarding air agency resources and authority. By 
contrast, it is clear that attainment plan SIP submissions required by 
part D would not need to meet the portion of section 110(a)(2)(C) that 
pertains to the PSD program required in part C of title I of the CAA, 
because PSD does not apply to a pollutant for which an area is 
designated nonattainment and thus subject to part D planning 
requirements. As this example illustrates, each type of SIP submission 
may implicate some elements of section 110(a)(2) but not others.
    Given the potential for ambiguity in some of the statutory language 
of section 110(a)(1) and section 110(a)(2), EPA believes that it is 
appropriate to interpret the ambiguous portions of section 110(a)(1) 
and section 110(a)(2) in the context of acting on a particular SIP 
submission. In other words, EPA assumes that Congress could not have 
intended that each and every SIP

[[Page 68652]]

submission, regardless of the NAAQS in question or the history of SIP 
development for the relevant pollutant, would meet each of the 
requirements, or meet each of them in the same way. Therefore, EPA has 
adopted an approach under which it reviews infrastructure SIP 
submissions against the list of elements in section 110(a)(2), but only 
to the extent each element applies for that particular NAAQS.
    Historically, EPA has elected to use guidance documents to make 
recommendations to states for infrastructure SIPs, in some cases 
conveying needed interpretations on newly arising issues and in some 
cases conveying interpretations that have already been developed and 
applied to individual SIP submissions for particular elements.\11\ EPA 
issued the 2011 Lead Infrastructure SIP Guidance \12\ to provide states 
with up-to-date guidance for Lead infrastructure SIPs. Within this 
guidance, EPA describes the duty of states to make infrastructure SIP 
submissions to meet basic structural SIP requirements within three 
years of promulgation of a new or revised NAAQS. EPA also made 
recommendations about many specific subsections of section 110(a)(2) 
that are relevant in the context of infrastructure SIP submissions. The 
guidance also discusses the substantively important issues that are 
germane to certain subsections of section 110(a)(2). Significantly, EPA 
interprets sections 110(a)(1) and 110(a)(2) such that infrastructure 
SIP submissions need to address certain issues and need not address 
others. Accordingly, EPA reviews each infrastructure SIP submission for 
compliance with the applicable statutory provisions of section 
110(a)(2), as appropriate.\13\
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    \11\ EPA notes, however, that nothing in the CAA requires EPA to 
provide guidance or to promulgate regulations for infrastructure SIP 
submissions. The CAA directly applies to states and requires the 
submission of infrastructure SIP submissions, regardless of whether 
or not EPA provides guidance or regulations pertaining to such 
submissions. EPA elects to issue such guidance in order to assist 
states, as appropriate.
    \12\ ``Guidance on Infrastructure State Implementation Plan 
(SIP) Elements Required under Clean Air Act Sections 110(a)(1) and 
110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality 
Standards (NAAQS),'' Memorandum from Stephen D. Page, October 14, 
2011.
    \13\ Although not intended to provide guidance for purposes of 
infrastructure SIP submissions for the 2008 Lead NAAQS, EPA notes, 
that following the 2011 Lead Infrastructure SIP Guidance, EPA issued 
the ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2).'' 
Memorandum from Stephen D. Page, September 13, 2013. This 2013 
guidance provides recommendations for air agencies' development and 
the EPA's review of infrastructure SIPs for the 2008 ozone primary 
and secondary NAAQS, the 2010 primary nitrogen dioxide 
(NO2) NAAQS, the 2010 primary sulfur dioxide 
(SO2) NAAQS, and the 2012 primary fine particulate matter 
(PM2.5) NAAQS, as well as infrastructure SIPs for new or 
revised NAAQS promulgated in the future.
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    EPA's approach to review of infrastructure SIP submissions is to 
identify the CAA requirements that are logically applicable to that 
submission. EPA believes that this approach to the review of a 
particular infrastructure SIP submission is appropriate, because it 
would not be reasonable to read the general requirements of section 
110(a)(1) and the list of elements in 110(a)(2) as requiring review of 
each and every provision of a state's existing SIP against all 
requirements in the CAA and EPA regulations merely for purposes of 
assuring that the state in question has the basic structural elements 
for a functioning SIP for a new or revised NAAQS. Because SIPs have 
grown by accretion over the decades as statutory and regulatory 
requirements under the CAA have evolved, they may include some outmoded 
provisions and historical artifacts. These provisions, while not fully 
up to date, nevertheless may not pose a significant problem for the 
purposes of ``implementation, maintenance, and enforcement'' of a new 
or revised NAAQS when EPA evaluates adequacy of the infrastructure SIP 
submission. EPA believes that a better approach is for states and EPA 
to focus attention on those elements of section 110(a)(2) of the CAA 
most likely to warrant a specific SIP revision due to the promulgation 
of a new or revised NAAQS or other factors.
    Finally, EPA believes that its approach with respect to 
infrastructure SIP requirements is based on a reasonable reading of 
sections 110(a)(1) and 110(a)(2) because the CAA provides other avenues 
and mechanisms to address specific substantive deficiencies in existing 
SIPs. These other statutory tools allow EPA to take appropriately 
tailored action, depending upon the nature and severity of the alleged 
SIP deficiency. Section 110(k)(5) authorizes EPA to issue a ``SIP 
call'' whenever the Agency determines that a state's SIP is 
substantially inadequate to attain or maintain the NAAQS, to mitigate 
interstate transport, or to otherwise comply with the CAA.\14\ Section 
110(k)(6) authorizes EPA to correct errors in past actions, such as 
past approvals of SIP submissions.\15\ Significantly, EPA's 
determination that an action on a state's infrastructure SIP submission 
is not the appropriate time and place to address all potential existing 
SIP deficiencies does not preclude EPA's subsequent reliance on 
provisions in section 110(a)(2) as part of the basis for action to 
correct those deficiencies at a later time. For example, although it 
may not be appropriate to require a state to eliminate all existing 
inappropriate director's discretion provisions in the course of acting 
on an infrastructure SIP submission, EPA believes that section 
110(a)(2)(A) may be among the statutory bases that EPA relies upon in 
the course of addressing such deficiency in a subsequent action.\16\
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    \14\ For example, EPA issued a SIP call to Utah to address 
specific existing SIP deficiencies related to the treatment of 
excess emissions during SSM events. See ``Finding of Substantial 
Inadequacy of Implementation Plan; Call for Utah State 
Implementation Plan Revisions,'' 74 FR 21639 (April 18, 2011).
    \15\ EPA has used this authority to correct errors in past 
actions on SIP submissions related to PSD programs. See ``Limitation 
of Approval of Prevention of Significant Deterioration Provisions 
Concerning Greenhouse Gas Emitting-Sources in State Implementation 
Plans; Final Rule,'' 75 FR 82536 (December 30, 2010). EPA has 
previously used its authority under CAA section 110(k)(6) to remove 
numerous other SIP provisions that the Agency determined it had 
approved in error. See, e.g., 61 FR 38664 (July 25, 1996) and 62 FR 
34641 (June 27, 1997) (corrections to American Samoa, Arizona, 
California, Hawaii, and Nevada SIPs); 69 FR 67062 (November 16, 
2004) (corrections to California SIP); and 74 FR 57051 (November 3, 
2009) (corrections to Arizona and Nevada SIPs).
    \16\ See, e.g., EPA's disapproval of a SIP submission from 
Colorado on the grounds that it would have included a director's 
discretion provision inconsistent with CAA requirements, including 
section 110(a)(2)(A). See, e.g., 75 FR 42342 at 42344 (July 21, 
2010) (proposed disapproval of director's discretion provisions); 76 
FR 4540 (Jan. 26, 2011) (final disapproval of such provisions).
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IV. What is EPA's analysis of how Mississippi addressed the elements of 
sections 110(a)(1) and (2) ``infrastructure'' provisions?

    The Mississippi infrastructure submission addresses the provisions 
of sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A): Emission limits and other control measures: 
Mississippi's infrastructure SIP submission provides an overview of the 
provisions of the Mississippi Air Pollution Control (APC) regulations 
relevant to air quality control. Mississippi Code Title 49, Section 49-
17-17(h) (Appendix A-9) and Sections APC-S-1--Air Emission Regulations 
for the Prevention, Abatement, and Control of Air Contaminants, and 
APC-S-3--Regulations for the Prevention of Air Pollution Emergency 
Episodes, provide the MDEQ with the authority to adopt, modify, or 
repeal ambient air quality standards and emission standards for the 
state under such conditions as the Mississippi Commission on

[[Page 68653]]

Environmental Quality (Commission) may prescribe for the prevention, 
control, and abatement of pollution. EPA has made the preliminary 
determination that the above provisions and Mississippi's practices are 
adequate to protect the 2008 Lead NAAQS in the State.
    In this action, EPA is not proposing to approve or disapprove any 
existing State provisions with regard to excess emissions during SSM of 
operations at a facility. EPA believes that a number of states have SSM 
provisions which are contrary to the CAA and existing EPA guidance, 
``State Implementation Plans: Policy Regarding Excess Emissions During 
Malfunctions, Startup, and Shutdown'' (September 20, 1999), and the 
Agency plans to address such state regulations in the future.\17\ In 
the meantime, EPA encourages any state having a deficient SSM provision 
to take steps to correct it as soon as possible.
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    \17\ On February 22, 2013, EPA published a proposed action in 
the Federal Register entitled, ``State Implementation Plans: 
Response to Petition for Rulemaking; Findings of Substantial 
Inadequacy; and SIP Calls to Amend Provisions Applying to Excess 
Emissions During Periods of Startup, Shutdown, and Malfunction; 
Proposed Rule.'' 78 FR 12459.
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    Additionally, in this action, EPA is not proposing to approve or 
disapprove any existing State rules with regard to director's 
discretion or variance provisions. EPA believes that a number of states 
have such provisions which are contrary to the CAA and existing EPA 
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to 
take action in the future to address such state regulations. In the 
meantime, EPA encourages any state having a director's discretion or 
variance provision which is contrary to the CAA and EPA guidance to 
take steps to correct the deficiency as soon as possible.
    2. 110(a)(2)(B): Ambient air quality monitoring/data system: SIPs 
are required to provide for the establishment and operation of ambient 
air quality monitors, the compilation and analysis of ambient air 
quality data, and the submission of these data to EPA upon request. 
Mississippi Code Title 49, Section 49-17-17(g) (Appendix A-9), provides 
MDEQ with the necessary statutory authority to collect and disseminate 
information relating to air quality and pollution and the prevention, 
control, supervision, and abatement thereof. Annually, States develop 
and submit to EPA for approval statewide ambient monitoring network 
plans consistent with the requirements of 40 CFR Parts 50, 53, and 58. 
The annual network plan involves an evaluation of any proposed changes 
to the monitoring network, includes the annual ambient monitoring 
network design plan and a certified evaluation of the agency's ambient 
monitors and auxiliary support equipment.\18\ On June 26, 2013 with an 
addendum on August 27, 2013, Mississippi submitted its monitoring 
network plan to EPA, which was approved on November 22, 2013. 
Mississippi's approved monitoring network plan can be accessed at 
www.regulations.gov using Docket ID No. EPA-R04-OAR-2013-0270. EPA has 
made the preliminary determination that Mississippi's SIP and practices 
are adequate for the ambient air quality monitoring and data system 
requirements related to the 2008 Lead NAAQS.
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    \18\ On occasion, proposed changes to the monitoring network are 
evaluated outside of the network plan approval process in accordance 
with 40 CFR Part 58.
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    3. 110(a)(2)(C): Program for enforcement, prevention of significant 
deterioration (PSD) and new source review (NSR): In this action, EPA is 
proposing to approve Mississippi's infrastructure SIP submission for 
the 2008 Lead NAAQS with respect to the general requirement in section 
110(a)(2)(C) to include a program in the SIP that provides for 
enforcement of emission limits and control measures, the regulation of 
minor sources and modifications, and the enforcement of oxides of 
nitrogen (NOX) and volatile organic compounds (VOCs) 
emission limits to assist in the protection of air quality in 
nonattainment, attainment or unclassifiable areas. To meet these 
obligations, Sections APC-S-5--Mississippi Regulations for the 
Prevention of Significant Deterioration of Air Quality and APC-S-2--
Permit Regulation for the Construction and/or Operation of Air 
Emissions Equipment, both of which pertain to the construction of any 
new major stationary source or any project at an existing major 
stationary source in an area designated as attainment or 
unclassifiable.
    Enforcement: MDEQ's above-described, SIP-approved regulations 
provide for enforcement of VOC and NOX emission limits and 
control measures and construction permitting for new or modified 
stationary sources.
    Preconstruction PSD permitting for major sources: With respect to 
Mississippi's infrastructure SIP submission related to the 
preconstruction PSD permitting requirements for major sources of 
section 110(a)(2)(C), EPA is not proposing any action today regarding 
these requirements and instead will act on this portion of the 
submission in a separate action.
    Regulation of minor sources and modifications: Section 110(a)(2)(C) 
also requires the SIP to include provisions that govern the minor 
source pre-construction program that regulates emissions of the 2008 
Lead NAAQS. Mississippi has a SIP-approved minor NSR permitting program 
at APC-S-2, I. D--Permitting Requirements that regulates the 
preconstruction permitting of modifications and construction of minor 
stationary sources.
    EPA has made the preliminary determination that Mississippi's SIP 
and practices are adequate for enforcement of control measures and 
regulation of minor sources and modifications related to the Lead 
NAAQS.
    4. 110(a)(2)(D)(i) and (ii): Interstate and international transport 
provisions: Section 110(a)(2)(D)(i) has two components; 
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(II). Each of these components have 
two subparts resulting in four distinct components, commonly referred 
to as ``prongs,'' that must be addressed in infrastructure SIP 
submissions. The first two prongs, which are codified in section 
110(a)(2)(D)(i)(I), are provisions that prohibit any source or other 
type of emissions activity in one state from contributing significantly 
to nonattainment of the NAAQS in another state (``prong 1''), and 
interfering with maintenance of the NAAQS in another state (``prong 
2''). The third and fourth prongs, which are codified in section 
110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in 
one state interfering with measures required to prevent significant 
deterioration of air quality in another state (``prong 3''), or to 
protect visibility in another state (``prong 4''). Section 
110(a)(2)(D)(ii) requires SIPs to include provisions insuring 
compliance with sections 115 and 126 of the Act, relating to interstate 
and international pollution abatement.
    110(a)(2)(D)(i)(I)--prongs 1 and 2: Section 110(a)(2)(D)(i) 
requires infrastructure SIP submissions to include provisions 
prohibiting any source or other type of emissions activity in one state 
from contributing significantly to nonattainment in, or interfering 
with maintenance of the NAAQS in another state. The physical properties 
of lead prevent lead emission from experiencing that same travel or 
formation phenomena as PM2.5 and ozone for interstate 
transport as outlined in prongs 1 and 2. More specifically, there is a 
sharp decrease in lead concentrations, at least in the coarse fraction, 
as the distance from a lead source increases. EPA believes that the

[[Page 68654]]

requirements of prongs 1 and 2 can be satisfied through a state's 
assessment as to whether a lead source located within its State in 
close proximity to a state border has emissions that contribute 
significantly to the nonattainment or interfere with maintenance of the 
NAAQS in the neighboring state. For example, EPA's experience with the 
initial Lead designations suggest that sources that emit less than 0.5 
tpy generally appear unlikely to contribute significantly to the 
nonattainment in another state.\19\ Mississippi has no Lead sources 
that have emissions of Lead over 0.5 tons per year (tpy). Therefore, 
EPA has made the preliminary determination that Mississippi's SIP meets 
the requirements of section 110(a)(2)(D)(i)(I).
---------------------------------------------------------------------------

    \19\ EPA's experience also suggests that sources located more 
than two miles from the state border generally appear unlikely to 
contribute significantly to the nonattainment in another state.
---------------------------------------------------------------------------

    110(a)(2)(D)(i)(II)--prong 3: With respect to Mississippi's 
infrastructure SIP submission related to the preconstruction PSD 
permitting requirements for major sources of section 
110(a)(2)(D)(i)(II), EPA is not proposing any action today regarding 
these requirements and instead will act on this portion of the 
submission in a separate action.
    110(a)(2)(D)(i)(II)--prong 4: With regard to section 
110(a)(2)(D)(i)(II), the visibility sub-element, referred to as prong 
4, significant impacts from lead emissions from stationary sources are 
expected to be limited to short distances from the source. The 2011 
Lead Infrastructure SIP Guidance notes that it is anticipated that lead 
emissions will contribute only negligibly to visibility impairment in 
Class I areas. Lead stationary sources in Mississippi are located 
distances from Class I areas such that visibility impacts are 
negligible. Mississippi's infrastructure SIP submittal cites its SIP 
revision regarding the Regional Haze Program Requirements (Appendix R) 
to satisfy its obligations under prong 4 of section 110(a)(2)(D)(i). 
Mississippi also notes that the States does not have any lead sources 
with emissions equal to or greater than 0.5 tons per year. Therefore, 
EPA has preliminarily determined that the Mississippi SIP meets the 
relevant visibility requirements of prong 4 of section 110(a)(2)(D)(i).
    110(a)(2)(D)(ii): Interstate and International transport 
provisions: Section APC-S-2--Permit Regulations for the Construction 
and/or Operation of Air Emissions Equipment, provides how MDEQ will 
notify neighboring states of potential impacts from new or modified 
sources consistent with the requirements of 40 CFR 51.166. EPA is 
unaware of any pending obligations for the state of Mississippi 
pursuant to sections 115 and 126. EPA has made the preliminary 
determination that Mississippi's SIP and practices are adequate for 
insuring compliance with the applicable requirements relating to 
interstate and international pollution abatement for the 2008 Lead 
NAAQS.
    5. 110(a)(2)(E): Adequate personnel, funding, and authority: 
Section 110(a)(2)(E) requires that each implementation plan provide (i) 
necessary assurances that the State will have adequate personnel, 
funding, and authority under state law to carry out its implementation 
plan, (ii) that the State comply with the requirements respecting State 
Boards pursuant to section 128 of the Act, and (iii) necessary 
assurances that, where the State has relied on a local or regional 
government, agency, or instrumentality for the implementation of any 
plan provision, the State has responsibility for ensuring adequate 
implementation of such plan provisions. EPA is proposing to approve 
Mississippi's SIP as meeting the requirements of sections 
110(a)(2)(E)(i)and (iii). EPA is proposing to approve in part and 
disapprove in part Mississippi's SIP respecting section 
110(a)(2)(E)(ii). EPA's rationale for today's proposals respecting each 
section of 110(a)(2)(E) is described in turn below.
    To satisfy the requirements of sections 110(a)(2)(E)(i) and (iii), 
Mississippi's infrastructure SIP submission describes that Mississippi 
Code Title 49, Sections 49-17-17(d) and 49-17-17(h) (Appendix A-9), 
provide MDEQ with the authority to accept and administer laws and 
grants from the federal government and from other sources, public and 
private, for carrying out any of its functions, including its 
responsibility to implement its SIP. As further evidence of the 
adequacy of MDEQ's resources with respect to sub-elements (i) and 
(iii), EPA submitted a letter to Mississippi on March 28, 2014, 
outlining 105 grant commitments and the current status of these 
commitments for fiscal year 2013. The letter EPA submitted to 
Mississippi can be accessed at www.regulations.gov using Docket ID No. 
EPA-R04-OAR-2013-0270. Annually, states update these grant commitments 
based on current SIP requirements, air quality planning, and applicable 
requirements related to the NAAQS. Mississippi satisfactorily met all 
commitments agreed to in the Air Planning Agreement for fiscal year 
2013, therefore Mississippi's grants were finalized and closed out. EPA 
has made the preliminary determination that Mississippi has adequate 
resources for implementation of the 2008 Lead NAAQS.
    To meet the requirements of section 110(a)(2)(E)(ii), states must 
comply with the requirements respecting state boards pursuant to 
section 128 of the Act. Section 128 of the CAA requires that states 
include provisions in their SIP to address conflicts of interest for 
state boards or bodies that oversee CAA permits and enforcement orders 
and 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 shall be subject to the described public interest 
service and income restrictions therein. Subsection 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.
    To meet its section 110(a)(2)(E)(ii) obligations for the 2008 Lead 
NAAQS, Mississippi's infrastructure SIP submission cites the State's 
revision to its SIP to meet the requirements of CAA section 128 for the 
1997 and 2006 PM2.5 NAAQS, which was submitted to EPA on 
October 11, 2012.\20\ Based upon the review of the laws and provisions 
contained in MDEQ's October 11, 2012, SIP revision, which have since 
been incorporated into the SIP, EPA is proposing to approve the section 
110(a)(2)(E)(ii) portions of the infrastructure SIP submission as it 
relates to the public interest requirements of section 128(a)(1) and 
the conflict of interest disclosure provisions of section 128(a)(2). 
EPA is also proposing to disapprove the section 110(a)(2)(E)(ii) 
portion of the infrastructure SIP submission as it pertains to 
compliance with the significant portion of income requirement of 
section 128(a)(1) for the 2008 8-hour ozone NAAQS.\21\
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    \20\ Mississippi's October 11, 2012, infrastructure SIP 
submission only addressed compliance with 110(a)(2)(E)(ii) 
respecting CAA section 128 requirements. On May 8, 2014, Mississippi 
clarified to EPA that the provisions submitted in the October 11, 
2012, SIP submission to comply with 110(a)(2)(E)(ii) for the 
PM2.5 NAAQS infrastructure SIP were also intended to 
cover the 2008 Lead and 2008 8-hour ozone NAAQS infrastructure SIP.
    \21\ EPA took similar action with respect to Mississippi's 
section 110(a)(2)(E)(ii) submission for the 1997 and 2006 
PM2.5 NAAQS.
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    With respect to the public interest requirement of section 
128(a)(1) and the adequate disclosure of conflicts of interest 
requirement of section 128(a)(2),

[[Page 68655]]

EPA has previously found these requirements to be satisfied by the 
existing provisions in Mississippi's SIP. See 78 FR 20793.
    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. While the submitted laws and 
provisions preclude members of the Mississippi Boards from certain 
types of income (e.g., contracts with State or political subdivisions 
thereof, or income obtained through the use of his or her public office 
or obtained to influence a decision of the Mississippi Boards), they do 
not preclude a majority of members of the Mississippi Boards from 
deriving any significant portion of their income from persons subject 
to permits or enforcement orders so long as that income is not derived 
from one of the proscribed methods described in the laws and provisions 
submitted by the State. 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).
    Accordingly, EPA is proposing to approve the section 
110(a)(2)(E)(ii) submission as it relates to the public interest 
requirements of section 128(a)(1) and the conflict of interest 
disclosure provisions of section 128(a)(2), and is proposing to 
disapprove 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) for the 2008 Lead NAAQS.
    6. 110(a)(2)(F): Stationary source monitoring system: Mississippi's 
infrastructure SIP submission describes how the State establishes 
requirements for compliance testing by emissions sampling and analysis, 
and for emissions and operation monitoring to ensure the quality of 
data in the State. These requirements are met by Section APC-S-2--
Permit Regulations for the Construction and/or Operation of Air 
Emissions Equipment and Mississippi Code 49, Section 49-17-21 (Appendix 
A-9), which provides MDEQ with the authority to require the maintenance 
of records related to the operation of air contaminant sources and 
provides any authorized representative of the Mississippi Commission on 
Environmental Quality with authority to examine and copy any such 
records or memoranda pertaining to the operation of such contaminant 
source. Section APC-S-2 also lists the requirements for compliance 
testing which is included in any MDEQ air pollution air permit. Section 
APC-S-1 authorizes source owners or operators to use any credible 
evidence or information relevant to whether a source would have been in 
compliance with applicable requirements if the appropriate performance 
or compliance test had been performed, for the purpose of submitting 
compliance certifications. Accordingly, EPA is unaware of any provision 
preventing the use of credible evidence in the Mississippi SIP.
    Additionally, Mississippi is required to submit emissions data to 
EPA for purposes of the National Emissions Inventory (NEI). The NEI is 
EPA's central repository for air emissions data. EPA published the Air 
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the 
requirements for collecting and reporting air emissions data (73 FR 
76539). The AERR shortened the time states had to report emissions data 
from 17 to 12 months, giving states one calendar year to submit 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory 
System. States report emissions data for the six criteria pollutants 
and their associated precursors--NOX, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and VOCs. Many 
states also voluntarily report emissions of hazardous air pollutants. 
Mississippi made its latest update to the 2012 NEI on January 9, 2014. 
EPA compiles the emissions data, supplementing it where necessary, and 
releases it to the general public through the Web site https://www.epa.gov/ttn/chief/eiinformation.html. EPA has made the preliminary 
determination that Mississippi's SIP and practices are adequate for the 
stationary source monitoring systems related to the 2008 Lead NAAQS. 
Accordingly, EPA is proposing to approve Mississippi's infrastructure 
SIP submission with respect to section 110(a)(2)(F).
    7. 110(a)(2)(G): Emergency episodes: This section of the CAA 
requires that states demonstrate authority comparable with section 303 
of the CAA and adequate contingency plans to implement such authority. 
Mississippi cites Section APC-S-3--Mississippi Regulations for the 
Prevention of Air Pollution Emergency Episodes and Mississippi Code 
Title 49, 49-17-27 (Appendix A-9), as providing the State with the 
authority to identify air pollution emergency events and to implement 
preplanned abatement strategies in response to such events. This 
regulation and statute further prevent the excessive buildup of air 
pollutants during air pollution episodes. EPA has made the preliminary 
determination that Mississippi's SIP and practices are adequate for 
emergency powers related to the 2008 Lead NAAQS.
    8. 110(a)(2)(H): Future SIP revisions: Mississippi's infrastructure 
SIP submission cites Mississippi Code Title 49, Section 49-17-17(h) 
(Appendix A-9), as providing MDEQ with the authority to adopt air 
quality rules and revise SIPs as needed to attain or maintain the NAAQS 
in the State. The infrastructure SIP submission as cites this statute 
as providing MDEQ with the statutory authority to revise the SIP to 
accommodate changes to the NAAQS and revise the SIP if the EPA 
Administrator finds the plan to be substantially inadequate to attain 
the NAAQS. Accordingly, EPA has made the preliminary determination that 
Mississippi's SIP and practices adequately demonstrate a commitment to 
provide future SIP revisions related to the 2008 Lead NAAQS when 
necessary.
    9. 110(a)(2)(J): Consultation with Government Officials, Public 
Notification, and PSD and Visibility Protection: EPA is proposing to 
approve Mississippi's infrastructure SIP for the 2008 Lead NAAQS with 
respect to the general requirement in section 110(a)(2)(J) to include a 
program in the SIP that provides for meeting the applicable 
consultation requirements of section 121, the public notification 
requirements of section 127, and visibility protection requirements of 
part C of the Act. With respect to Mississippi's infrastructure SIP 
submission related to the preconstruction PSD permitting, EPA is not 
proposing any action today regarding these requirements and instead 
will act on these portions of the submission in a separate action.
    Consultation with government officials (121 Consultation): This 
requirement is met through Section APC-S-5--Mississippi Regulations for 
the Prevention of Significant Deterioration of Air Quality and 
Mississippi Code Title 49, Section 49-17-17(c) (Appendix A-9), along 
with

[[Page 68656]]

the State's SIP revisions, such as the Regional Haze SIP revision, 
which allows for consultation between appropriate state, local, and 
tribal air pollution control agencies as well as the corresponding 
Federal Land Managers whose jurisdictions might be affected by SIP 
development activities. EPA has made the preliminary determination that 
Mississippi's SIP and practices adequately demonstrate that the State 
meets applicable requirements related to consultation with government 
officials for the 2008 Lead NAAQS when necessary.
    Public notification (127 Public Notification): These requirements 
are met through Section APC-S-3--Mississippi Regulations for the 
Prevention of Air Pollution Emergency Episodes, which requires that 
MDEQ notify the public of any air pollution alert, warning, or 
emergency. The MDEQ Web site also provides air quality summary data, 
air quality index reports, and links to more information regarding 
public awareness of measures that can prevent such exceedances and of 
ways in which the public can participate in regulatory and other 
efforts to improve air quality. EPA has made the preliminary 
determination that Mississippi's SIP and practices adequately 
demonstrate the State's ability to provide public notification related 
to the 2008 Lead NAAQS when necessary.
    Visibility protection: Proposed approval of Mississippi's 
implementation plan respecting prong 4 of 110(a)(2)(D)(i)(II) requires 
that the SIP contain adequate provisions to protect visibility 
(referred to as ``prong 4'') in Mississippi. The 2011 Lead 
Infrastructure SIP Guidance notes that EPA does not generally treat the 
visibility protection aspects of section 110(a)(2)(J) as applicable for 
purposes of the infrastructure SIP approval process. EPA recognizes 
that states are subject to visibility protection and regional haze 
program requirements under Part C of the Act (which includes sections 
169A and 169B). However, in the event of the establishment of a new 
primary NAAQS, the visibility protection and regional haze program 
requirements under part C do not change. Thus, EPA concludes there are 
no new applicable visibility protection obligations under section 
110(a)(2)(J) as a result of the 2008 Lead NAAQS, and as such, EPA is 
proposing to approve section 110(a)(2)(J) of MDEQ's infrastructure SIP 
submission as it relates to visibility protection.
    10. 110(a)(2)(K): Air quality and modeling/data: Sections APC-S-2, 
Section V.B.--Permit Regulation for the Construction and/or Operation 
of Air Emissions Equipment and APC-S-5--Mississippi Regulations for the 
Prevention of Significant Deterioration of Air Quality, specify that 
required air modeling be conducted in accordance with 40 CFR Part 51, 
Appendix W ``Guideline on Air Quality Models,'' as incorporated into 
the Mississippi SIP. These standards demonstrate that Mississippi has 
the authority to perform air quality monitoring and to provide relevant 
data for the purpose of predicting the effect on ambient air quality of 
the 2008 Lead NAAQS. Additionally, Mississippi supports a regional 
effort to coordinate the development of emissions inventories and 
conduct regional modeling for several NAAQS, including the Lead NAAQS, 
for the southeastern states. Taken as a whole, Mississippi's air 
quality regulations and practices demonstrate that MDEQ has the 
authority to provide relevant data for the purpose of predicting the 
effect on ambient air quality of the 2008 Lead NAAQS. EPA has made the 
preliminary determination that Mississippi's SIP and practices 
adequately demonstrate the State's ability to provide for air quality 
and modeling, along with analysis of the associated data, related to 
the 2008 Lead NAAQS when necessary.
    11. 110(a)(2)(L): Permitting fees: This element necessitates that 
the SIP require the owner or operator of each major stationary source 
to pay to the permitting authority, as a condition of any permit 
required under the CAA, a fee sufficient to cover (i) The reasonable 
costs of reviewing and acting upon any application for such a permit, 
and (ii) if the owner or operator receives a permit for such source, 
the reasonable costs of implementing and enforcing the terms and 
conditions of any such permit (not including any court costs or other 
costs associated with any enforcement action), until such fee 
requirement is superseded with respect to such sources by the 
Administrator's approval of a fee program under title V.
    To satisfy these requirements, Mississippi's infrastructure SIP 
submission cites Mississippi Code Title 49, Section 49-2-9(c) (Appendix 
A-9), which authorizes MDEQ to apply for, receive, and expend Federal 
or state funds in order to operate its air programs; Mississippi Code 
Title 49, Section 49-17-30 (Appendix A-9), which provides for the 
assessment of title V permit fees to cover the reasonable cost of 
reviewing and acting upon permitting air permitting activities in the 
state including title V, PSD and NNSR permits; and, Mississippi Code 
Title 49, Section 49-17-14 (Appendix A-9), which allows MDEQ to expend 
or utilize monies in the Mississippi Air Operating Permit Program Fee 
Trust Fund to pay all reasonable direct and indirect costs associated 
with the development and administration of the title V program 
including, but not limited to, the reasonable costs of performing 
activities related to the title V program. These funding mechanisms 
reflect the reasonable cost of review, approval, implementation, and 
enforcement of the state's air permitting program. The title V 
operating program fees also cover the reasonable cost of implementation 
and enforcement of PSD permits after they have been issued. EPA has 
made the preliminary determination that Mississippi adequately provides 
for permitting fees related to the Lead NAAQS, when necessary.
    12. 110(a)(2)(M): Consultation/participation by affected local 
entities: Mississippi Code Title 49, Sections 49-17-17(c) and 49-17-
19(b) (Appendix A-9), requires that MDEQ notify the public of an 
application, preliminary determination, the activity or activities 
involved in the permit action, any emissions change associated with any 
permit modification, and the opportunity for comment prior to making a 
final permitting decision. Additionally, MDEQ works closely with local 
political subdivisions during the development of its Transportation 
Conformity SIP and Regional Haze SIP. EPA has made the preliminary 
determination that Mississippi's SIP and practices adequately 
demonstrate consultation with affected local entities related to the 
2008 Lead NAAQS when necessary.

V. Proposed Action

    With the exception of the PSD permitting requirements for major 
sources of section 110(a)(2)(C), (D)(i)(II) and (J) and the state board 
majority requirements respecting significant portion of income of 
section 110(a)(2)(E)(ii), EPA is proposing to approve that MDEQ's 
infrastructure SIP submission, submitted November 17, 2011, for the 
2008 Lead NAAQS has met the above-described infrastructure SIP 
requirements. EPA is proposing to disapprove in part section 
110(a)(2)(E)(ii) of Mississippi's infrastructure SIP submission 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, therefore, its current SIP does not meet the 
section 128(a)(1) majority requirements respecting significant portion 
of income. This

[[Page 68657]]

proposed approval in part and disapproval in part, does not include 
sections 110(a)(2)(C), prong 3 of D(i) and (J). EPA will address these 
portions of Mississippi's infrastructure SIP submission for the 2008 
Lead NAAQS in a separate action.
    Under section 179(a) of the CAA, final disapproval of a submittal 
that addresses a requirement of a CAA Part D Plan or is required in 
response to a finding of substantial inadequacy as described in CAA 
section 110(k)(5) (SIP call) starts a sanctions clock. The portion of 
section 110(a)(2)(E)(ii) provisions (the provisions being proposed for 
disapproval in today's notice) were not submitted to meet requirements 
for Part D or a SIP call, and therefore, if EPA takes final action to 
disapprove this submittal, no sanctions will be triggered. However, if 
this disapproval action is finalized, that final action will trigger 
the requirement under section 110(c) that EPA promulgate a federal 
implementation plan (FIP) no later than 2 years from the date of the 
disapproval unless the State corrects the deficiency, and EPA approves 
the plan or plan revision before EPA promulgates such FIP.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed 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, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial 
direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Lead, and Recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: November 3, 2014.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2014-27268 Filed 11-17-14; 8:45 am]
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