Approval and Promulgation of Implementation Plans; Mississippi; Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards, 11131-11133 [2015-04140]
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Broadcast Notice to Mariners or by onscene designated representatives.
(4) This regulation does not apply to
authorized law enforcement agencies
operating within the regulated area.
Dated: February 19, 2015.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the
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[FR Doc. 2015–04280 Filed 2–27–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0698; FRL–9923–55–
Region–4]
Approval and Promulgation of
Implementation Plans; Mississippi;
Infrastructure Requirements for the
2008 8-Hour Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve in part and disapprove in part,
the May 29, 2012, and July 26, 2012,
State Implementation Plan (SIP)
submissions, provided by the
Mississippi Department of
Environmental Quality (MDEQ) for
inclusion into the Mississippi SIP. This
final rulemaking pertains to the Clean
Air Act (CAA or the Act) infrastructure
requirements for the 2008 8-hour ozone
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 8-hour
ozone 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, interstate transport,
visibility protection requirements and
the state board majority requirements
respecting significant portion of income,
EPA is taking final action to approve
Mississippi’s infrastructure SIP
submissions, provided to EPA on May
29, 2012, and July 26, 2012. EPA is
taking final action to disapprove
Mississippi’s May 29, 2012, and July 26,
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SUMMARY:
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2012, SIP submissions with regards to
the state board majority requirements
respecting significant portion of income.
EPA will consider action with regards to
the infrastructure elements related to
PSD permitting, visibility and interstate
transport in a separate action.
DATES: This rule will be effective April
1, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0698. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS.
Section 110(a) of the CAA generally
requires states to make a SIP submission
to meet applicable requirements in
order to provide for the implementation,
maintenance, and enforcement of a new
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11131
or revised NAAQS within three years
following the promulgation of such
NAAQS, or within such shorter period
as EPA may prescribe. These SIP
submissions are commonly referred to
as ‘‘infrastructure’’ SIP submissions.
Section 110(a) imposes the obligation
upon states to make an infrastructure
SIP submission to EPA for a new or
revised NAAQS, but the contents of that
submission may vary depending upon
the facts and circumstances. In
particular, the data and analytical tools
available at the time the state develops
and submits the infrastructure SIP for a
new or revised NAAQS affect the
content of the submission. The contents
of such infrastructure SIP submissions
may also vary depending upon what
provisions the state’s existing SIP
already contains. In the case of the 2008
8-hour ozone NAAQS, states typically
have met the basic program elements
required in section 110(a)(2) through
earlier SIP submissions in connection
with previous ozone NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for SIPs. Section 110(a)(2)
lists specific elements that states must
meet for infrastructure SIP requirements
related to a newly established or revised
NAAQS. As mentioned above, these
requirements include basic structural
SIP elements such as modeling,
monitoring, and emissions inventories
that are designed to assure attainment
and maintenance of the NAAQS. The
requirements of section 110(a)(2) are
summarized below and in EPA’s
September 13, 2013, memorandum
entitled ‘‘Guidance on Infrastructure
State Implementation Plan (SIP)
Elements under Clean Air Act Sections
110(a)(1) and 110(a)(2).’’ 1
• 110(a)(2)(A): Emission Limits and
Other Control Measures
• 110(a)(2)(B): Ambient Air Quality
Monitoring/Data System
• 110(a)(2)(C): Programs for
Enforcement of Control Measures and
1 Two elements identified in section 110(a)(2) are
not governed by the three year submission deadline
of section 110(a)(1) because SIPs incorporating
necessary local nonattainment area controls are not
due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the
nonattainment area plan requirements are due
pursuant to other provisions of the CAA for
submission of SIP revisions specifically applicable
for attainment planning purposes. These
requirements are: (1) Submissions required by
section 110(a)(2)(C) to the extent that subsection
refers to a permit program as required in part D
Title I of the CAA; and (2) submissions required by
section 110(a)(2)(I) which pertain to the
nonattainment planning requirements of part D,
Title I of the CAA. Today’s proposed rulemaking
does not address infrastructure elements related to
section 110(a)(2)(I) or the nonattainment planning
requirements of 110(a)(2)(C).
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
for Construction or Modification of
Stationary Sources 2
110(a)(2)(D)(i)(I) and (II): Interstate
Pollution Transport
110(a)(2)(D)(ii): Interstate Pollution
Abatement and International Air
Pollution
110(a)(2)(E): Adequate Resources and
Authority, Conflict of Interest, and
Oversight of Local Governments and
Regional Agencies
110(a)(2)(F): Stationary Source
Monitoring and Reporting
110(a)(2)(G): Emergency Powers
110(a)(2)(H): SIP revisions
110(a)(2)(I): Plan Revisions for
Nonattainment Areas 3
110(a)(2)(J): Consultation with
Government Officials, Public
Notification, and Prevention of
Significant Deterioration (PSD) and
Visibility Protection
110(a)(2)(K): Air Quality Modeling
and Submission of Modeling Data
110(a)(2)(L): Permitting fees
110(a)(2)(M): Consultation and
Participation by Affected Local
Entities
On November 24, 2014, EPA proposed
to approve in part and disapprove in
part, the May 29, 2012, and July 26,
2012, 2008 8-hour ozone NAAQS
infrastructure SIP submissions with the
exception of the PSD permitting
requirements for major sources of
sections 110(a)(2)(C) and (J), the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1 through 4), and the visibility
requirements of section 110(a)(2)(J),
which EPA will address in a separate
action. EPA also proposed to disapprove
a portion of Mississippi’s infrastructure
submission for section 110(a)(2)(E)(ii)
pertaining to state board majority
requirements respecting significant
portion of income. See 79 FR 69787.
EPA did not receive any comments,
adverse or otherwise, on the Agency’s
November 24, 2014, proposed action. In
this rulemaking, EPA is taking final
action to approve in part and
disapprove in part Mississippi’s May 29,
2012, and July 26, 2012, infrastructure
submissions as demonstrating that the
State meets the applicable requirements
of sections 110(a)(1) and (2) of the CAA
for the 2008 8-hour ozone NAAQS, as
proposed in the Agency’s November 24,
2014, rulemaking. EPA will act on
portions of Mississippi’s submissions
not addressed in today’s rulemaking in
a separate action.
2 This rulemaking only addresses requirements
for this element as they relate to attainment areas.
3 As mentioned above, this element is not
relevant to today’s rulemaking.
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II. Final Action
With the exceptions described below,
EPA is taking final action to approve
that MDEQ’s infrastructure SIP
submissions, submitted May 29, 2012,
and July 26, 2012, for the 2008 8-hour
ozone NAAQS have met the above
described infrastructure SIP
requirements. EPA is disapproving in
part section 110(a)(2)(E)(ii) of
Mississippi’s infrastructure submissions
because the majority of members of
boards that approve permits or
enforcement orders in Mississippi may
still derive a significant portion of
income from persons subject to permits
or enforcement orders issued by such
Mississippi boards, and therefore, its
current SIP does not meet the section
128(a)(1) majority requirements
respecting significant portion of income.
This final approval in part and
disapproval in part, however, does not
include the PSD permitting
requirements for major sources of
section 110(a)(2)(C) and (J), the
interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs
1 through 4), and the visibility
requirements of section 110(a)(2)(J),
which will be addressed by EPA in a
separate action. With the exceptions
noted above Mississippi has addressed
the elements of the CAA 110(a)(1) and
(2) SIP requirements pursuant to section
110 of the CAA to ensure that the 2008
8-hour ozone NAAQS is implemented,
enforced, and maintained in
Mississippi.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
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under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 1, 2015. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: February 11, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
11133
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1270(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
8-Hour Ozone National Ambient Air
Quality Standards’’ at the end of the
table to read as follows:
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1270
*
1. The authority citation for part 52
continues to read as follows:
■
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of non-regulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2008 8-Hour
Ozone National Ambient Air Quality Standards.
*
Mississippi ........
State submittal
date/effective
date
Explanation
*
3/2/2015 [Insert citation
of publication].
*
*
*
With the exception of sections:
110(a)(2)(C) and (J) concerning PSD permitting requirements;
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4)
concerning interstate transport requirements;
110(a)(2)(E)(ii) concerning state board majority
requirements respecting significant portion of
income; and
110(a)(2)(J) concerning visibility requirements.
3. Section 52.1272 is amended by
adding paragraph (b) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.1272
40 CFR Part 52
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2014–0662, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: blakley.pamela@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief,
Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Control Strategies Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2014–
0662. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
■
Approval status.
7/26/2012
*
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*
*
*
(b) Disapproval. Submittal from the
State of Mississippi, through the
Mississippi Department of
Environmental Quality (MDEQ) on May
29, 2012, and July 26, 2012, to address
the Clean Air Act (CAA) section
110(a)(2)(E)(ii) for the 2008 8-hour
Ozone National Ambient Air Quality
Standards concerning state board
majority requirements respecting
significant portion of income. EPA is
disapproving MDEQ’s submittal with
respect to section 128(a)(1) 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 for the
2008 8-hour Ozone National Ambient
Air Quality Standards.
*
EPA approval date
[FR Doc. 2015–04140 Filed 2–27–15; 8:45 am]
BILLING CODE 6560–50–P
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[EPA–R05–OAR–2014–0662; FRL–9923–45–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Transportation Conformity
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving, under the
Clean Air Act, a revision to Ohio’s
transportation conformity state
implementation plan (SIP) that meets
EPA and United States Department of
Transportation (DOT) requirements.
This revision brings Ohio’s
transportation conformity SIP into
compliance with the requirements of the
Safe, Accountable, Flexible, Efficient
Transportation Act: A Legacy for Users
(SAFETEA–LU).
DATES: This direct final rule will be
effective May 1, 2015, unless EPA
receives adverse comments by April 1,
2015. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11131-11133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04140]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0698; FRL-9923-55-Region-4]
Approval and Promulgation of Implementation Plans; Mississippi;
Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve in part and disapprove in part, the May 29, 2012, and
July 26, 2012, State Implementation Plan (SIP) submissions, provided by
the Mississippi Department of Environmental Quality (MDEQ) for
inclusion into the Mississippi SIP. This final rulemaking pertains to
the Clean Air Act (CAA or the Act) infrastructure requirements for the
2008 8-hour ozone 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 8-hour ozone 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, interstate
transport, visibility protection requirements and the state board
majority requirements respecting significant portion of income, EPA is
taking final action to approve Mississippi's infrastructure SIP
submissions, provided to EPA on May 29, 2012, and July 26, 2012. EPA is
taking final action to disapprove Mississippi's May 29, 2012, and July
26, 2012, SIP submissions with regards to the state board majority
requirements respecting significant portion of income. EPA will
consider action with regards to the infrastructure elements related to
PSD permitting, visibility and interstate transport in a separate
action.
DATES: This rule will be effective April 1, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0698. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section (formerly the Regulatory
Development Section), Air Planning and Implementation Branch (formerly
the Air Planning Branch), Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m. excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be
reached via electronic mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address basic SIP requirements,
including emissions inventories, monitoring, and modeling to assure
attainment and maintenance for that new NAAQS. Section 110(a) of the
CAA generally requires states to make a SIP submission to meet
applicable requirements in order to provide for the implementation,
maintenance, and enforcement of a new or revised NAAQS within three
years following the promulgation of such NAAQS, or within such shorter
period as EPA may prescribe. These SIP submissions are commonly
referred to as ``infrastructure'' SIP submissions. Section 110(a)
imposes the obligation upon states to make an infrastructure SIP
submission to EPA for a new or revised NAAQS, but the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the infrastructure SIP for a new or revised
NAAQS affect the content of the submission. The contents of such
infrastructure SIP submissions may also vary depending upon what
provisions the state's existing SIP already contains. In the case of
the 2008 8-hour ozone NAAQS, states typically have met the basic
program elements required in section 110(a)(2) through earlier SIP
submissions in connection with previous ozone NAAQS.
More specifically, section 110(a)(1) provides the procedural and
timing requirements for SIPs. Section 110(a)(2) lists specific elements
that states must meet for infrastructure SIP requirements related to a
newly established or revised NAAQS. As mentioned above, these
requirements include basic structural SIP elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS. The requirements of section
110(a)(2) are summarized below and in EPA's September 13, 2013,
memorandum entitled ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2).'' \1\
---------------------------------------------------------------------------
\1\ Two elements identified in section 110(a)(2) are not
governed by the three year submission deadline of section 110(a)(1)
because SIPs incorporating necessary local nonattainment area
controls are not due within three years after promulgation of a new
or revised NAAQS, but rather due at the time the nonattainment area
plan requirements are due pursuant to other provisions of the CAA
for submission of SIP revisions specifically applicable for
attainment planning purposes. These requirements are: (1)
Submissions required by section 110(a)(2)(C) to the extent that
subsection refers to a permit program as required in part D Title I
of the CAA; and (2) submissions required by section 110(a)(2)(I)
which pertain to the nonattainment planning requirements of part D,
Title I of the CAA. Today's proposed rulemaking does not address
infrastructure elements related to section 110(a)(2)(I) or the
nonattainment planning requirements of 110(a)(2)(C).
110(a)(2)(A): Emission Limits and Other Control Measures
110(a)(2)(B): Ambient Air Quality Monitoring/Data System
110(a)(2)(C): Programs for Enforcement of Control Measures and
[[Page 11132]]
for Construction or Modification of Stationary Sources \2\
---------------------------------------------------------------------------
\2\ This rulemaking only addresses requirements for this element
as they relate to attainment areas.
---------------------------------------------------------------------------
110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
110(a)(2)(D)(ii): Interstate Pollution Abatement and
International Air Pollution
110(a)(2)(E): Adequate Resources and Authority, Conflict of
Interest, and Oversight of Local Governments and Regional Agencies
110(a)(2)(F): Stationary Source Monitoring and Reporting
110(a)(2)(G): Emergency Powers
110(a)(2)(H): SIP revisions
110(a)(2)(I): Plan Revisions for Nonattainment Areas \3\
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\3\ As mentioned above, this element is not relevant to today's
rulemaking.
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110(a)(2)(J): Consultation with Government Officials, Public
Notification, and Prevention of Significant Deterioration (PSD) and
Visibility Protection
110(a)(2)(K): Air Quality Modeling and Submission of Modeling
Data
110(a)(2)(L): Permitting fees
110(a)(2)(M): Consultation and Participation by Affected Local
Entities
On November 24, 2014, EPA proposed to approve in part and
disapprove in part, the May 29, 2012, and July 26, 2012, 2008 8-hour
ozone NAAQS infrastructure SIP submissions with the exception of the
PSD permitting requirements for major sources of sections 110(a)(2)(C)
and (J), the interstate transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility
requirements of section 110(a)(2)(J), which EPA will address in a
separate action. EPA also proposed to disapprove a portion of
Mississippi's infrastructure submission for section 110(a)(2)(E)(ii)
pertaining to state board majority requirements respecting significant
portion of income. See 79 FR 69787. EPA did not receive any comments,
adverse or otherwise, on the Agency's November 24, 2014, proposed
action. In this rulemaking, EPA is taking final action to approve in
part and disapprove in part Mississippi's May 29, 2012, and July 26,
2012, infrastructure submissions as demonstrating that the State meets
the applicable requirements of sections 110(a)(1) and (2) of the CAA
for the 2008 8-hour ozone NAAQS, as proposed in the Agency's November
24, 2014, rulemaking. EPA will act on portions of Mississippi's
submissions not addressed in today's rulemaking in a separate action.
II. Final Action
With the exceptions described below, EPA is taking final action to
approve that MDEQ's infrastructure SIP submissions, submitted May 29,
2012, and July 26, 2012, for the 2008 8-hour ozone NAAQS have met the
above described infrastructure SIP requirements. EPA is disapproving in
part section 110(a)(2)(E)(ii) of Mississippi's infrastructure
submissions because the majority of members of boards that approve
permits or enforcement orders in Mississippi may still derive a
significant portion of income from persons subject to permits or
enforcement orders issued by such Mississippi boards, and therefore,
its current SIP does not meet the section 128(a)(1) majority
requirements respecting significant portion of income. This final
approval in part and disapproval in part, however, does not include the
PSD permitting requirements for major sources of section 110(a)(2)(C)
and (J), the interstate transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility
requirements of section 110(a)(2)(J), which will be addressed by EPA in
a separate action. With the exceptions noted above Mississippi has
addressed the elements of the CAA 110(a)(1) and (2) SIP requirements
pursuant to section 110 of the CAA to ensure that the 2008 8-hour ozone
NAAQS is implemented, enforced, and maintained in Mississippi.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 1, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the
[[Page 11133]]
finality of this action for the purposes of judicial review nor does it
extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: February 11, 2015.
V. Anne Heard,
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(e) is amended by adding a new entry ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 8-Hour Ozone National
Ambient Air Quality Standards'' at the end of the table to read as
follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
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State
Name of non-regulatory SIP Applicable geographic submittal date/ EPA approval date Explanation
provision or nonattainment area effective date
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* * * * * * *
110(a)(1) and (2) Mississippi........... 7/26/2012 3/2/2015 [Insert With the exception of
Infrastructure Requirements citation of sections:
for the 2008 8-Hour Ozone publication]. 110(a)(2)(C) and (J)
National Ambient Air Quality concerning PSD
Standards. permitting
requirements;
110(a)(2)(D)(i)(I)
and (II) (prongs 1
through 4)
concerning
interstate transport
requirements;
110(a)(2)(E)(ii)
concerning state
board majority
requirements
respecting
significant portion
of income; and
110(a)(2)(J)
concerning
visibility
requirements.
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0
3. Section 52.1272 is amended by adding paragraph (b) to read as
follows:
Sec. 52.1272 Approval status.
* * * * *
(b) Disapproval. Submittal from the State of Mississippi, through
the Mississippi Department of Environmental Quality (MDEQ) on May 29,
2012, and July 26, 2012, to address the Clean Air Act (CAA) section
110(a)(2)(E)(ii) for the 2008 8-hour Ozone National Ambient Air Quality
Standards concerning state board majority requirements respecting
significant portion of income. EPA is disapproving MDEQ's submittal
with respect to section 128(a)(1) 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 for the 2008 8-
hour Ozone National Ambient Air Quality Standards.
[FR Doc. 2015-04140 Filed 2-27-15; 8:45 am]
BILLING CODE 6560-50-P
