Approval and Promulgation of Implementation Plans; Mississippi: Miscellaneous Changes, 57730-57732 [2015-24324]
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57730
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
• 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.
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
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Jkt 235001
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 24, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, the table in paragraph
(c) is amended by removing the entry for
‘‘391–3–1–.02(2)(zz).’’
■
[FR Doc. 2015–24186 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
I. Background
40 CFR Part 52
[EPA–R04–OAR–2013–0163; FRL–9934–73–
Region 4]
Approval and Promulgation of
Implementation Plans; Mississippi:
Miscellaneous Changes
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving portions of
a State Implementation Plan (SIP)
revision submitted by the Mississippi
Department of Environmental Quality
(MDEQ), to EPA on July 25, 2010. The
SIP revision includes multiple changes
to Mississippi’s SIP to add definitions in
accordance with federal regulations and
to implement clarifying language.
PO 00000
Frm 00038
Fmt 4700
This rule will be effective
October 26, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0163. 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,
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. 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:
Sean Lakeman, 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. Mr.
Lakeman can be reached by phone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Sfmt 4700
On June 25, 2010, MDEQ submitted a
SIP revision to EPA for approval into
the Mississippi SIP.1 This SIP revision
includes multiple changes to
Mississippi’s air pollution control
regulation APC–S–1, entitled ‘‘Air
1 On May 5, 2015, Mississippi withdrew the
portion of this SIP revision that modified APC–S–
1, Section 14 related to Mississippi’s Clean Air
Interstate Rule provisions. A copy of the letter
withdrawing this portion of Mississippi’s
submission is in the docket for today’s rulemaking.
Regarding the changes to APC–S–1, Section 8
related to hazardous air pollutants, EPA is not
acting on the revisions related to the vacated Clean
Air Mercury Rule in Paragraph 4. As noted in the
SIP revision narrative, the change to Section 8,
Paragraph 1 regarding the National Emission
Standards for Hazardous Air Pollutants and the
change to Section 6, Paragraph 1 regarding the New
Source Performance Standards are included in the
same state rulemaking package as the changes
identified above but are not part of the SIP revision.
E:\FR\FM\25SER1.SGM
25SER1
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
Emission Regulations for the
Prevention, Abatement, and Control of
Air Contaminants,’’ to add and amend
definitions in accordance with federal
regulations and to implement clarifying
language. Specifically, these changes
include amendments to Section 2—
‘‘Definitions’’ and Section 3—‘‘Specific
Criteria for Sources of Particulate
Matter.’’
In a notice of proposed rulemaking
(NPR) published on July 20, 2015, EPA
proposed to approve the portions of
Mississippi’s June 25, 2010, SIP revision
that modify Sections 2 and 3 of APC–
S–1. See 80 FR 42774. The details of
Mississippi’s submittal and the rationale
for EPA’s actions are explained in the
NPR. Comments on the proposed
rulemaking were due on or before
August 19, 2015. No adverse comments
were received.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate
by reference of certain changes to
Mississippi’s air pollution control
regulation APC–S–1, entitled ‘‘Air
Emission Regulations for the
Prevention, Abatement, and Control of
Air Contaminants.’’ Specifically, these
changes include the amendments to
Section 2—‘‘Definitions’’ and Section
3—‘‘Specific Criteria for Sources of
Particulate Matter’’ which were State
effective on February 9, 2009. EPA has
made, and will continue to make, these
documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 4 office (see the
ADDRESSES section of this preamble for
more information).
mstockstill on DSK4VPTVN1PROD with RULES
III. Final Action
EPA is approving the portions of
Mississippi’s July 25, 2010, SIP
submission revising Sections 2 and 3 of
Rule APC–S–1 to add and amend
definitions in accordance with federal
regulations and to implement clarifying
language. EPA has preliminarily
determined that these changes to the
Mississippi SIP are in accordance with
the Clean Air Act (CAA or Act) and EPA
policy and regulations.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
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Jkt 235001
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by State law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
• does not impose an information
collection burden under the
provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et
seq.);
• is certified as not having a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C.
601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• 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
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
57731
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 November 24, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 16, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42. U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1270(c), is amended
under APC–S–1 Air Emission
Regulations for the Prevention,
Abatement, and Control of Air
Contaminants by revising the entries for
‘‘Section 2’’ and ‘‘Section 3’’ to read as
follows:
■
§ 52.1270
*
Identification of plan.
*
*
(c) * * *
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*
*
57732
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
State effective
date
Title/Subject
EPA Approval date
Explanation
APC–S–1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
*
*
*
*
*
*
Section 2 ...........................
Definitions ...................................................................
2/9/2009
Section 3 ...........................
Specific Criteria for Sources of Particulate Matter .....
2/9/2009
*
*
*
*
*
*
*
*
[FR Doc. 2015–24324 Filed 9–24–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2015–0427; FRL–9934–68–
Region 7]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Missouri; Control of
Mercury Emissions From Electric
Generating Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Missouri State Plan received May 7,
2013. This revision rescinds the state
rule and associated state plan
controlling mercury emissions from
electric generating units. This rule is
being rescinded because the Federal
Clean Air Mercury Rule, which is the
basis for this rule and associated plan,
has been vacated and removed from the
Code of Federal Regulations. This action
will make Missouri’s State Plan
consistent with Federal regulations.
DATES: This direct final rule will be
effective November 24, 2015, without
further notice, unless EPA receives
adverse comment by October 26, 2015.
If EPA receives adverse comment, we
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0427, by one of the
following methods:
VerDate Sep<11>2014
17:35 Sep 24, 2015
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*
PO 00000
Frm 00040
Fmt 4700
9/25/2015 [Insert citation
of publication].
9/25/2015 [Insert citation
of publication].
*
1. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Email: Bhesania.amy@epa.gov.
3. Mail or Hand Delivery: Amy
Bhesania, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–205–
0427. 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.
Sfmt 4700
*
*
*
Docket: All documents in the 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, 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 Environmental Protection Agency,
Air Planning and Development Branch,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m. to 4:30 p.m.,
excluding legal holidays. The interested
persons wanting to examine these
documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Amy Bhesania, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7147, or by email at
bhesania.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. Have the requirements for approval of a
Section 111(d) plan revision been met?
III. What action is EPA taking?
I. What is being addressed in this
document?
EPA is taking direct final action to
approve a revision to the Missouri State
Plan received May 7, 2013. This
revision rescinds Missouri state rule 10
CSR 10–6.368, Control of Mercury
Emissions from Electric Generating
Units, and associated state plan. The
state rule and plan was originally
incorporated into the Missouri State
E:\FR\FM\25SER1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57730-57732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24324]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0163; FRL-9934-73-Region 4]
Approval and Promulgation of Implementation Plans; Mississippi:
Miscellaneous Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) revision submitted by the
Mississippi Department of Environmental Quality (MDEQ), to EPA on July
25, 2010. The SIP revision includes multiple changes to Mississippi's
SIP to add definitions in accordance with federal regulations and to
implement clarifying language.
DATES: This rule will be effective October 26, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0163. 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, 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. 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: Sean Lakeman, 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. Mr. Lakeman can be reached by phone at (404) 562-9043 or
via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2010, MDEQ submitted a SIP revision to EPA for approval
into the Mississippi SIP.\1\ This SIP revision includes multiple
changes to Mississippi's air pollution control regulation APC-S-1,
entitled ``Air
[[Page 57731]]
Emission Regulations for the Prevention, Abatement, and Control of Air
Contaminants,'' to add and amend definitions in accordance with federal
regulations and to implement clarifying language. Specifically, these
changes include amendments to Section 2--``Definitions'' and Section
3--``Specific Criteria for Sources of Particulate Matter.''
---------------------------------------------------------------------------
\1\ On May 5, 2015, Mississippi withdrew the portion of this SIP
revision that modified APC-S-1, Section 14 related to Mississippi's
Clean Air Interstate Rule provisions. A copy of the letter
withdrawing this portion of Mississippi's submission is in the
docket for today's rulemaking. Regarding the changes to APC-S-1,
Section 8 related to hazardous air pollutants, EPA is not acting on
the revisions related to the vacated Clean Air Mercury Rule in
Paragraph 4. As noted in the SIP revision narrative, the change to
Section 8, Paragraph 1 regarding the National Emission Standards for
Hazardous Air Pollutants and the change to Section 6, Paragraph 1
regarding the New Source Performance Standards are included in the
same state rulemaking package as the changes identified above but
are not part of the SIP revision.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPR) published on July 20,
2015, EPA proposed to approve the portions of Mississippi's June 25,
2010, SIP revision that modify Sections 2 and 3 of APC-S-1. See 80 FR
42774. The details of Mississippi's submittal and the rationale for
EPA's actions are explained in the NPR. Comments on the proposed
rulemaking were due on or before August 19, 2015. No adverse comments
were received.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate by reference of certain changes
to Mississippi's air pollution control regulation APC-S-1, entitled
``Air Emission Regulations for the Prevention, Abatement, and Control
of Air Contaminants.'' Specifically, these changes include the
amendments to Section 2--``Definitions'' and Section 3--``Specific
Criteria for Sources of Particulate Matter'' which were State effective
on February 9, 2009. EPA has made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 4 office (see
the ADDRESSES section of this preamble for more information).
III. Final Action
EPA is approving the portions of Mississippi's July 25, 2010, SIP
submission revising Sections 2 and 3 of Rule APC-S-1 to add and amend
definitions in accordance with federal regulations and to implement
clarifying language. EPA has preliminarily determined that these
changes to the Mississippi SIP are in accordance with the Clean Air Act
(CAA or Act) and EPA policy and regulations.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 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
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a significant regulatory action subject to review by
the Office of Management and Budget under Executive Orders 12866 (58 FR
51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
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 November 24, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: September 16, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42. U.S.C. 7401 et seq.
Subpart Z--Mississippi
0
2. Section 52.1270(c), is amended under APC-S-1 Air Emission
Regulations for the Prevention, Abatement, and Control of Air
Contaminants by revising the entries for ``Section 2'' and ``Section
3'' to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
[[Page 57732]]
EPA-Approved Mississippi Regulations
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State
State citation Title/Subject effective date EPA Approval date Explanation
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APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 2...................... Definitions............ 2/9/2009 9/25/2015 [Insert ...................
citation of
publication].
Section 3...................... Specific Criteria for 2/9/2009 9/25/2015 [Insert ...................
Sources of Particulate citation of
Matter. publication].
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* * * * * * *
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* * * * *
[FR Doc. 2015-24324 Filed 9-24-15; 8:45 am]
BILLING CODE 6560-50-P
