Air Plan Approval; Mississippi; Interstate Transport (Prongs 1 and 2) for the 2010 1-Hour NO2, 93822-93824 [2016-30641]
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
K. Congressional Review Act (CRA)
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This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 21,
15:15 Dec 21, 2016
Jkt 241001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
New Source Review, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52 [AMENDED]
Date,’’ Rule 420 ‘‘Standards for Granting
Applications,’’ and Rule 421
‘‘Conditional Approval’’.
(9) Previously approved on May 2,
2001 in paragraph (c)(168)(i)(A)(4) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(2): Rule 424 ‘‘State
Implementation Plan.’’
*
*
*
*
*
(222) * * *
(i) * * *
(E) * * *
(2) Previously approved on May 2,
2001 in paragraph (c)(222)(i)(E)(1) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(2): Rule 403 ‘‘Permit to
Operate.’’
*
*
*
*
*
(457) * * *
(i) * * *
(C) * * *
(2) Rule 400, ‘‘Permit Requirements,’’
amended on April 24, 2014.
(3) Rule 401, ‘‘Permit Exemptions,’’
amended on April 24, 2014.
(4) Rule 432, ‘‘Federal New Source
Review,’’ amended on April 24, 2014.
*
*
*
*
*
[FR Doc. 2016–30644 Filed 12–21–16; 8:45 am]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
VerDate Sep<11>2014
2017. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule 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)).
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (b)(15),
(c)(168)(i)(A)(8) and (9), (c)(222)(i)(E)(2),
and (c)(457)(i)(C)(2), (3) and (4) to read
as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(b) * * *
(15) Butte County Air Quality
Management District.
(i) Previously approved on May 31,
1972 in paragraph (b) of this section and
now deleted with replacement
paragraphs (c)(457)(i)(C)(2) and (3),
respectively: Rule 405 ‘‘Permit
Conditions’’ and Rule 04–04
‘‘Exemptions from Permit
Requirements.’’
(c) * * *
(168) * * *
(i) * * *
(A) * * *
(8) Previously approved on February
3, 1987 in paragraph (c)(168)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(457)(i)(C)(2): Rule 401 ‘‘General
Requirements,’’ Rule 402 ‘‘Authority to
Construct,’’ Rule 406 ‘‘Emission
Calculations,’’ Rule 407 ‘‘Anniversary
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40 CFR Part 52
[EPA–R04–OAR–2016–0421; FRL–9957–09–
Region 4]
Air Plan Approval; Mississippi;
Interstate Transport (Prongs 1 and 2)
for the 2010 1-Hour NO2 Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Mississippi State Implementation
Plan (SIP), submitted by the Mississippi
Department of Environmental Quality,
on May 23, 2016, addressing the Clean
Air Act (CAA or Act) interstate transport
(prongs 1 and 2) infrastructure SIP
requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) 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, commonly
referred to as an ‘‘infrastructure SIP.’’
Specifically, EPA is approving
Mississippi’s May 23, 2016, SIP
submission addressing prongs 1 and 2,
SUMMARY:
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
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to ensure that air emissions in the State
do not significantly contribute to
nonattainment or interfere with
maintenance of the 2010 1-hour NO2
NAAQS in any other state.
DATES: This rule is effective January 23,
2017.
ADDRESSES: EPA has established a
docket for these actions under Docket
Identification No EPA–R04–OAR–2016–
0421. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information may not be 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:
Nacosta C. Ward of 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. Ms. Ward
can be reached by telephone at (404)
562–9140 or via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by
states within three years after
promulgation of a new or revised
NAAQS to provide for the
implementation, maintenance, and
enforcement of the new or revised
NAAQS. EPA has historically referred to
these SIP submissions made for the
purpose of satisfying the requirements
of sections 110(a)(1) and 110(a)(2) as
‘‘infrastructure SIP’’ submissions.
Sections 110(a)(1) and (2) require states
to address basic SIP elements such as
requirements for monitoring, basic
VerDate Sep<11>2014
15:15 Dec 21, 2016
Jkt 241001
program requirements, and legal
authority that are designed to assure
attainment and maintenance of the
newly established or revised NAAQS.
More specifically, section 110(a)(1)
provides the procedural and timing
requirements for infrastructure SIPs.
Section 110(a)(2) lists specific elements
that states must meet for the
infrastructure SIP requirements related
to a newly established or revised
NAAQS. The contents of an
infrastructure SIP submission may vary
depending upon the data and analytical
tools available to the state, as well as the
provisions already contained in the
state’s implementation plan at the time
in which the state develops and submits
the submission for a new or revised
NAAQS.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and from interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
from interfering with measures required
to prevent significant deterioration of air
quality in another state (prong 3) and
from interfering with measures to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions ensuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.
Through this action, EPA is approving
Mississippi’s May 23, 2016, SIP
submission addressing prong 1 and
prong 2 requirements for the 2010 1hour NO2 NAAQS. All other applicable
infrastructure SIP requirements for
Mississippi for the 2010 1-hour NO2
NAAQS have been addressed in
separate rulemakings. See 80 FR 14019
(March 18, 2015), 81 FR 32707 (May 24,
2016), and 81 FR 33139 (May 25, 2016).
In a notice of proposed rulemaking
(NPRM) published on September 28,
2016 (81 FR 66591), EPA proposed to
approve Mississippi’s May 23, 2016, SIP
revision addressing the interstate
transport requirements for the 2010 NO2
NAAQS. The NPRM provides additional
detail regarding the rationale for EPA’s
actions, including further discussion of
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93823
the requirements for prongs 1 and 2.
Comments on the proposed rulemaking
were due on or before October 28, 2016.
EPA received no adverse comments on
the proposed action.
II. Final Action
As described previously, EPA is
approving approve Mississippi’s May
23, 2016, SIP submission addressing
prongs 1 and 2 of CAA section
110(a)(2)(D)(i) for the 2010 1-hour NO2
NAAQS.
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
E:\FR\FM\22DER1.SGM
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93824
Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
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 rules do not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will they 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 these actions 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. These actions are 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 these
actions must be filed in the United
States Court of Appeals for the
appropriate circuit by February 21,
2017. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of these actions 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. These actions 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.
Dated: December 6, 2016.
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(e) is amended by
adding a new entry ‘‘Good Neighbor
Provisions (Section 110(a)(2)(D)(i)(I)) for
the 2010 1-hour NO2 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
Applicable geographic
or nonattainment area
*
*
Good
Neighbor
Provisions
(Section
110(a)(2)(D)(i)(I) for the 2010 1-hour NO2
NAAQS.
*
Mississippi ..................
[FR Doc. 2016–30641 Filed 12–21–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0236; FRL–9954–47]
Bifenthrin; Pesticide Tolerances for
Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
bifenthrin in or on avocado and
pomegranate. This action is in response
to EPA’s granting of an emergency
exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on avocado and pomegranate.
This regulation establishes a
maximum permissible level for residues
of bifenthrin in or on these
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SUMMARY:
VerDate Sep<11>2014
15:15 Dec 21, 2016
Jkt 241001
State submittal
date/effective date
*
5/23/2016
EPA approval date
*
*
*
12/22/16, [Insert Federal Register citation] ..........
commodities. The time-limited
tolerances expire on December 31, 2019.
DATES: This regulation is effective
December 22, 2016. Objections and
requests for hearings must be received
on or before February 21, 2017, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0236, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
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Explanation
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
E:\FR\FM\22DER1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93822-93824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30641]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0421; FRL-9957-09-Region 4]
Air Plan Approval; Mississippi; Interstate Transport (Prongs 1
and 2) for the 2010 1-Hour NO2 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Mississippi State Implementation Plan (SIP), submitted
by the Mississippi Department of Environmental Quality, on May 23,
2016, addressing the Clean Air Act (CAA or Act) interstate transport
(prongs 1 and 2) infrastructure SIP requirements for the 2010 1-hour
Nitrogen Dioxide (NO2) 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, commonly referred to as an ``infrastructure SIP.''
Specifically, EPA is approving Mississippi's May 23, 2016, SIP
submission addressing prongs 1 and 2,
[[Page 93823]]
to ensure that air emissions in the State do not significantly
contribute to nonattainment or interfere with maintenance of the 2010
1-hour NO2 NAAQS in any other state.
DATES: This rule is effective January 23, 2017.
ADDRESSES: EPA has established a docket for these actions under Docket
Identification No EPA-R04-OAR-2016-0421. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information may not be 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: Nacosta C. Ward of 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. Ms. Ward can be reached by telephone at (404) 562-9140 or
via electronic mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require 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 newly
established or revised NAAQS. More specifically, section 110(a)(1)
provides the procedural and timing requirements for infrastructure
SIPs. Section 110(a)(2) lists specific elements that states must meet
for the infrastructure SIP requirements related to a newly established
or revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon the data and analytical tools available to the
state, as well as the provisions already contained in the state's
implementation plan at the time in which the state develops and submits
the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) and from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions ensuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.
Through this action, EPA is approving Mississippi's May 23, 2016,
SIP submission addressing prong 1 and prong 2 requirements for the 2010
1-hour NO2 NAAQS. All other applicable infrastructure SIP
requirements for Mississippi for the 2010 1-hour NO2 NAAQS
have been addressed in separate rulemakings. See 80 FR 14019 (March 18,
2015), 81 FR 32707 (May 24, 2016), and 81 FR 33139 (May 25, 2016).
In a notice of proposed rulemaking (NPRM) published on September
28, 2016 (81 FR 66591), EPA proposed to approve Mississippi's May 23,
2016, SIP revision addressing the interstate transport requirements for
the 2010 NO2 NAAQS. The NPRM provides additional detail
regarding the rationale for EPA's actions, including further discussion
of the requirements for prongs 1 and 2. Comments on the proposed
rulemaking were due on or before October 28, 2016. EPA received no
adverse comments on the proposed action.
II. Final Action
As described previously, EPA is approving approve Mississippi's May
23, 2016, SIP submission addressing prongs 1 and 2 of CAA section
110(a)(2)(D)(i) for the 2010 1-hour NO2 NAAQS.
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
[[Page 93824]]
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 rules do
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will they 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 these actions 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. These actions are 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 these actions must be filed in the United States Court of Appeals
for the appropriate circuit by February 21, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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. These actions 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.
Dated: December 6, 2016.
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(e) is amended by adding a new entry ``Good Neighbor
Provisions (Section 110(a)(2)(D)(i)(I)) for the 2010 1-hour
NO2 NAAQS'' at the end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State submittal
Name of non-regulatory SIP Applicable geographic or date/effective EPA approval Explanation
provision nonattainment area date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Good Neighbor Provisions Mississippi............... 5/23/2016 12/22/16, ...............
(Section 110(a)(2)(D)(i)(I) [Insert Federal
for the 2010 1-hour NO2 NAAQS. Register
citation].
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[FR Doc. 2016-30641 Filed 12-21-16; 8:45 am]
BILLING CODE 6560-50-P
