Air Plan Approval/Disapproval; MS; Infrastructure Requirements for the 2012 PM2.5, 89391-89393 [2016-29593]
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations
(2) A medication that—
(i) Has been and remains approved by
the FDA pursuant to FDCA section
505(b)(1) or PHSA section 351(a);
(ii) Which is referenced by at least one
FDA-approved product that meets the
criteria of paragraph (b)(1)(iv)(A)(1) of
this section; and
(iii) Which is covered by a contracting
strategy in place with pricing such that
it is lower in cost than other generic
sources.
(3) A medication that—
(i) Has been and remains approved by
the FDA pursuant to FDCA section
505(b)(1) or PHSA section 351(a); and
(ii) Has the same active ingredient or
active ingredients, works in the same
way and in a comparable amount of
time, and is determined by VA to be
substitutable for another medication
that has been and remains approved by
the FDA pursuant to FDCA section
505(b)(1) or PHSA section 351(a). This
may include but is not limited to insulin
and levothyroxine.
(4) A listed drug, as defined in 21 CFR
314.3, that has been approved under
FDCA section 505(c) and is marketed,
sold, or distributed directly or indirectly
to retail class of trade with either
labeling, packaging (other than
repackaging as the listed drug in blister
packs, unit doses, or similar packaging
for use in institutions), product code,
labeler code, trade name, or trademark
that differs from that of the listed drug.
(B) Tier 1 medication means a multisource medication that has been
identified using the process described in
paragraph (b)(2) of this section.
(C) Tier 2 medication means a multisource medication that is not identified
using the process described in
paragraph (b)(2) of this section.
(D) Tier 3 medication means a
medication approved by the FDA under
a New Drug Application (NDA) or a
biological product approved by the FDA
pursuant to a biologics license
agreement (BLA) that retains its patent
protection and exclusivity and is not a
multi-source medication identified in
paragraph (b)(1)(iv)(A)(3) or (4) of this
section.
(2) Determining Tier 1 medications.
Not less than once per year, VA will
identify a subset of multi-source
medications as Tier 1 medications using
the criteria below. Only medications
that meet all of the criteria in
paragraphs (b)(2)(i), (ii), and (iii) will be
eligible to be considered Tier 1
medications, and only those
medications that meet all of the criteria
in paragraph (b)(2)(i) of this section will
be assessed using the criteria in
paragraphs (b)(2)(ii) and (iii).
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(i) A medication must meet all of the
following criteria:
(A) The VA acquisition cost for the
medication is less than or equal to $10
for a 30-day supply of medication;
(B) The medication is not a topical
cream, a product used to treat
musculoskeletal conditions, an
antihistamine, or a steroid-containing
medication;
(C) The medication is available on the
VA National Formulary;
(D) The medication is not an
antibiotic that is primarily used for
short periods of time to treat infections;
and
(E) The medication primarily is used
to either treat or manage a chronic
condition, or to reduce the risk of
adverse health outcomes secondary to
the chronic condition, for example,
medications used to treat high blood
pressure to reduce the risks of heart
attack, stroke, and kidney failure. For
purposes of this section, conditions that
typically are known to persist for 3
months or more will be considered
chronic.
(ii) The medication must be among
the top 75 most commonly prescribed
multi-source medications that meet the
criteria in paragraph (b)(2)(i) of this
section, based on the number of
prescriptions issued for a 30-day or less
supply on an outpatient basis during a
fixed period of time.
(iii) VA must determine that the
medication identified provides
maximum clinical value consistent with
budgetary resources.
(3) Information on Tier 1 medications.
Not less than once per year, VA will
publish a list of Tier 1 medications in
the Federal Register and on VA’s Web
site at www.va.gov/health.
(4) Veterans Choice Program. * * *
(5) Copayment cap. The total amount
of copayments for medications in a
calendar year for an enrolled veteran
will not exceed $700.
*
*
*
*
*
[FR Doc. 2016–29515 Filed 12–9–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0424; FRL–9956–35–
Region 4]
Air Plan Approval/Disapproval; MS;
Infrastructure Requirements for the
2012 PM2.5 National Ambient Air
Quality Standard
AGENCY:
Environmental Protection
Agency.
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ACTION:
89391
Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
approve, in part, and disapprove in part,
the State Implementation Plan (SIP)
submission, submitted by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), on December 11, 2015, to
demonstrate that the State meets the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2012
annual fine particulate matter (PM2.5)
national ambient air quality standard
(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 submission.’’ MDEQ
certified that the Mississippi SIP
contains provisions that ensure the 2012
Annual PM2.5 NAAQS is implemented,
enforced, and maintained in
Mississippi. With the exception of the
PSD permitting requirements and the
interstate transport provisions, for
which EPA is not acting upon, and the
state board majority requirements
respecting significant portion of income,
for which EPA is finalizing disapproval,
EPA is finalizing that portions of
Mississippi’s infrastructure submission,
submitted to EPA on December 11,
2015, as satisfying certain required
infrastructure elements for the 2012
Annual PM2.5 NAAQS.
DATES: This rule will be effective
January 11, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2014–0424. 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
SUMMARY:
E:\FR\FM\12DER1.SGM
12DER1
89392
Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations
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:
Tiereny Bell, 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. Ms. Bell
can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at
(404) 562–9088.
SUPPLEMENTARY INFORMATION:
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I. Background and Overview
On December 14, 2012, EPA
promulgated a revised primary annual
PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per
cubic meter (mg/m 3) to 12.0 mg/m 3. See
78 FR 3086 (January 15, 2013). Pursuant
to section 110(a)(1) of the CAA, states
are required to submit SIPs meeting the
applicable requirements of section
110(a)(2) within three years after
promulgation of a new or revised
NAAQS or within such shorter period
as EPA may prescribe. Section 110(a)(2)
requires states to address basic SIP
elements such as requirements for
monitoring, basic program requirements
and legal authority that are designed to
assure attainment and maintenance of
the NAAQS. States were required to
submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than
December 14, 2015.
In a proposed rulemaking published
on June 8, 2016 (81 FR 36848), EPA
proposed to approve in part and
disapprove in part Mississippi’s
December 11, 2015, SIP submission for
the 2012 Annual PM2.5 NAAQS. In the
June 8, 2016 proposed rulemaking, EPA
proposed to disapprove the state board
majority requirements respecting
significant portion of income of
110(a)(2)(E)(ii). Also in the June 8, 2016
proposal, EPA did not propose any
action regarding the preconstruction
PSD permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of (D)(i), and (J), and the interstate
transport requirements of section
110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
and 4). On March 18, 2015 (80 FR
14019), EPA approved Mississippi’s
December 11, 2015, infrastructure SIP
submission regarding the PSD
permitting requirements for major
sources of sections 110(a)(2)(C), prong 3
of D(i), and (J) for the 2012 Annual
PM2.5 NAAQS. Therefore, EPA is not
taking any action today pertaining to
sections 110(a)(2)(C), prong 3 of D(i),
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and (J). Additionally, on May 25, 2016,
EPA finalized a rule related to prong 4
of 110(a)(2)(D)(i)(II) of Mississippi’s
December 11, 2015, SIP submission for
the 2012 Annual PM2.5 NAAQS and will
therefore not be acting upon this
element today. See 81 FR 33139. With
respect to the interstate transport
requirements of section 110(a)(2)(D)(i)(I)
(prongs 1 and 2), EPA will consider
these requirements in relation to
Mississippi’s 2012 Annual PM2.5
NAAQS infrastructure submission in a
separate rulemaking. The details of
Mississippi’s submission and the
rationale for EPA’s actions for this final
rule are explained in the June 8, 2016,
proposed rulemaking. Comments on the
proposed rulemaking were due on or
before July 8, 2016. EPA received no
adverse comments on the proposed
action.
II. Final Action
With regard to the state board
majority requirements respecting
significant portion of income, EPA is
finalizing a disapproval of Mississippi’s
December 11, 2015, infrastructure
submission. 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 this notice)
were not submitted to meet
requirements for Part D or a SIP call,
and therefore, no sanctions will be
triggered. However, this final action will
trigger the requirement under section
110(c) that EPA promulgate a Federal
Implementation Plan (FIP) no later than
two 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. With the exceptions noted
above, EPA is taking final action to
approve Mississippi’s infrastructure SIP
submission for the 2012 Annual PM2.5
NAAQS because the submission is
consistent with section 110 of the CAA.
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.
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
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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).
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
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Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations
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 February 10, 2017. 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,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 28, 2016.
Heather McTeer Toney,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
89393
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(e) is amended by
adding a new entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2012
Annual PM 2.5 NAAQS’’ at the end of the
table to read as follows:
■
§ 52. 1270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements for the 2012
Annual PM 2.5
NAAQS.
Applicable geographic
or nonattainment area
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 75
RIN 0991–AC06
Health and Human Services Grants
Regulation
Division of Grants, Office of
Grants Policy, Oversight, and
Evaluation, Office of the Assistant
Secretary for Financial Resources,
Department of Health and Human
Services.
ACTION: Final rule.
AGENCY:
This final rule makes changes
to the Department of Health and Human
Services’ (HHS) adoption of the Office
of Management and Budget’s (OMB)
(‘‘Uniform Administrative
Requirements’’) published on December
19, 2014 and the technical amendments
published by HHS on January 20, 2016.
HHS codified the OMB language, with
noted modifications as explained in the
preamble to the December
promulgation. The HHS-specific
SUMMARY:
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EPA approval date
Explanation
*
*
12/12/2016, [Insert citation of publication
in Federal Register].
*
*
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 and the state board majority
requirements respecting significant portion
of income of section 110(a)(2)(E)(ii).
modifications to the Uniform
Administrative Requirements adopted
prior regulatory language that was not in
conflict with OMB’s language, and
provided additional guidance to the
regulated community. Unlike all of the
other modifications to the Uniform
Administrative Requirements, these
additional changes, although based on
existing law or HHS policy, were not
previously codified in regulation. HHS
sought comment on these proposed
changes in a notice of proposed
rulemaking published on July 13, 2016.
This final rule implements these
regulatory changes. It also corrects one
typographical error that was recently
discovered in the most recent
promulgation of the Uniform
Administrative Requirements.
DATES: This rule is effective on January
11, 2017.
FOR FURTHER INFORMATION CONTACT:
Quadira Dantro, MSHS, CRA at (202)
260–6825.
SUPPLEMENTARY INFORMATION:
19, 2014 (79 FR 75871) and the
technical amendments published by
HHS on January 20, 2016 (81 FR 3004).
HHS codified the OMB language, with
noted modifications, in 45 CFR part 75.
Unlike all of the other modifications to
the Uniform Administrative
Requirements, these additional changes,
although based on existing law or HHS
policy, were not previously codified in
regulation. This final rule implements
these regulatory changes.
HHS received 24 relevant comments
on the notice of proposed rulemaking,
half of which were strongly supportive
of the proposed rule. HHS addresses all
of the comments below.
*
*
Mississippi ...................
[FR Doc. 2016–29593 Filed 12–9–16; 8:45 am]
VerDate Sep<11>2014
State submittal
date/effective date
16:18 Dec 09, 2016
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Background
This final rule makes changes to the
HHS’s adoption of the Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards published on December
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A. Nondiscrimination Provisions
Comment: HHS received twelve
comments on these provisions, all of
which were strongly supportive of the
codification of the nondiscrimination
provisions in HHS awards and the
recognition of same-sex marriages.
Several of these supportive comments
also provided additional areas for
consideration specifically regarding the
definition of discrimination on the basis
of sex. Collectively, the comments
indicated that HHS should define
discrimination on the basis of sex
explicitly to include discrimination on
E:\FR\FM\12DER1.SGM
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Agencies
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Rules and Regulations]
[Pages 89391-89393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29593]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0424; FRL-9956-35-Region 4]
Air Plan Approval/Disapproval; MS; Infrastructure Requirements
for the 2012 PM2.5 National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve, in part, and disapprove in part, the State
Implementation Plan (SIP) submission, submitted by the State of
Mississippi, through the Mississippi Department of Environmental
Quality (MDEQ), on December 11, 2015, to demonstrate that the State
meets the infrastructure requirements of the Clean Air Act (CAA or Act)
for the 2012 annual fine particulate matter (PM2.5) national
ambient air quality standard (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 submission.'' MDEQ certified
that the Mississippi SIP contains provisions that ensure the 2012
Annual PM2.5 NAAQS is implemented, enforced, and maintained
in Mississippi. With the exception of the PSD permitting requirements
and the interstate transport provisions, for which EPA is not acting
upon, and the state board majority requirements respecting significant
portion of income, for which EPA is finalizing disapproval, EPA is
finalizing that portions of Mississippi's infrastructure submission,
submitted to EPA on December 11, 2015, as satisfying certain required
infrastructure elements for the 2012 Annual PM2.5 NAAQS.
DATES: This rule will be effective January 11, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0424. 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
[[Page 89392]]
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: Tiereny Bell, 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. Ms. Bell can be reached via electronic mail at
bell.tiereny@epa.gov or via telephone at (404) 562-9088.
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On December 14, 2012, EPA promulgated a revised primary annual
PM2.5 NAAQS. The standard was strengthened from 15.0
micrograms per cubic meter ([mu]g/m \3\) to 12.0 [mu]g/m \3\. See 78 FR
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIPs meeting the applicable requirements
of section 110(a)(2) within three years after promulgation of a new or
revised NAAQS or within such shorter period as EPA may prescribe.
Section 110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. States were required to submit such SIPs for the 2012 Annual
PM2.5 NAAQS to EPA no later than December 14, 2015.
In a proposed rulemaking published on June 8, 2016 (81 FR 36848),
EPA proposed to approve in part and disapprove in part Mississippi's
December 11, 2015, SIP submission for the 2012 Annual PM2.5
NAAQS. In the June 8, 2016 proposed rulemaking, EPA proposed to
disapprove the state board majority requirements respecting significant
portion of income of 110(a)(2)(E)(ii). Also in the June 8, 2016
proposal, EPA did not propose any action regarding the preconstruction
PSD permitting requirements for major sources of sections 110(a)(2)(C),
prong 3 of (D)(i), and (J), and the interstate transport requirements
of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). On March
18, 2015 (80 FR 14019), EPA approved Mississippi's December 11, 2015,
infrastructure SIP submission regarding the PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J)
for the 2012 Annual PM2.5 NAAQS. Therefore, EPA is not
taking any action today pertaining to sections 110(a)(2)(C), prong 3 of
D(i), and (J). Additionally, on May 25, 2016, EPA finalized a rule
related to prong 4 of 110(a)(2)(D)(i)(II) of Mississippi's December 11,
2015, SIP submission for the 2012 Annual PM2.5 NAAQS and
will therefore not be acting upon this element today. See 81 FR 33139.
With respect to the interstate transport requirements of section
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these
requirements in relation to Mississippi's 2012 Annual PM2.5
NAAQS infrastructure submission in a separate rulemaking. The details
of Mississippi's submission and the rationale for EPA's actions for
this final rule are explained in the June 8, 2016, proposed rulemaking.
Comments on the proposed rulemaking were due on or before July 8, 2016.
EPA received no adverse comments on the proposed action.
II. Final Action
With regard to the state board majority requirements respecting
significant portion of income, EPA is finalizing a disapproval of
Mississippi's December 11, 2015, infrastructure submission. 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 this notice) were not submitted to meet requirements for
Part D or a SIP call, and therefore, no sanctions will be triggered.
However, this final action will trigger the requirement under section
110(c) that EPA promulgate a Federal Implementation Plan (FIP) no later
than two 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. With the exceptions noted above, EPA
is taking final action to approve Mississippi's infrastructure SIP
submission for the 2012 Annual PM2.5 NAAQS because the
submission is consistent with section 110 of the CAA.
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. 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).
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
[[Page 89393]]
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 February 10, 2017. 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, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: November 28, 2016.
Heather McTeer Toney,
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 2012 Annual PM 2.5
NAAQS'' at the end of the table to read as follows:
Sec. 52. 1270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Mississippi...... 12/11/2015 12/12/2016, With the exception of
Infrastructure Requirements [Insert citation sections:
for the 2012 Annual PM 2.5 of publication 110(a)(2)(C) and (J)
NAAQS. in Federal concerning PSD
Register]. permitting
requirements;
110(a)(2)(D)(i)(I)
and (II) (prongs 1
through 4) concerning
interstate transport
requirements and the
state board majority
requirements
respecting
significant portion
of income of section
110(a)(2)(E)(ii).
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[FR Doc. 2016-29593 Filed 12-9-16; 8:45 am]
BILLING CODE 6560-50-P