Air Plan Approval; MS; Section 128 Board Requirements for Infrastructure SIPs, 50014-50018 [2018-21193]
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
Dated: August 21, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart I: Delaware
2. Section 52.420 is amended by:
a. Revising paragraph (b).
b. In paragraph (c), revising the table
heading for section 1112.
The revisions read as follows:
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§ 52.420
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Identification of plan.
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(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to May 25, 2018, was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Entries in paragraphs (c)
and (d) of this section with the EPA
approval dates after May 25, 2018 for
the State of Delaware have been
approved by EPA for inclusion in the
State implementation plan and for
incorporation by reference into the plan
as it is contained in this section, and
will be considered by the Director of the
Federal Register for approval in the next
update to the SIP compilation.
(2) EPA Region III certifies that the
materials provided by EPA at the
addresses in paragraph (b)(3) of this
section are an exact duplicate of the
officially promulgated State rules/
regulations which have been approved
as part of the State implementation plan
as of the dates referenced in paragraph
(b)(1) of this section.
(3) Copies of the materials
incorporated by reference into the State
implementation plan may be inspected
at the Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. To
obtain the material, please call the
Regional Office at (215) 814–3376. You
may also inspect the material with an
EPA approval date prior to May 25,
2018 for the State of Delaware at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) * * *
EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State citation
(7 DNREC 1100)
Title/subject
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0546; FRL–9984–53–
Region 4]
Air Plan Approval; MS; Section 128
Board Requirements for Infrastructure
SIPs
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) submission, submitted by the State
of Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), on June 26, 2018. This SIP
submission addresses specific Clean Air
Act (CAA or Act) requirements
applicable to Mississippi state boards or
bodies that approve CAA permits or
enforcement orders. This submission
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SUMMARY:
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EPA approval date
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also specifically addresses related
requirements for implementation of the
following national ambient air quality
standards (NAAQS): 2008 8-hour
Ozone, 2008 Lead, 2010 Nitrogen
Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), and 1997, 2006 and 2012 fine
particulate matter (PM2.5). Whenever
EPA promulgates a new or revised
NAAQS, the CAA requires the state to
make a new SIP submission establishing
that the existing SIP meets the various
applicable requirements, or revising the
SIP to meet those requirements. This
type of SIP submission is commonly
referred to as an ‘‘infrastructure’’ SIP. In
this final action, EPA is approving the
June 26, 2018, submission with respect
to the CAA requirements applicable to
state boards; and the related state board
infrastructure SIP requirements for the
2008 8-hour Ozone, 2008 Lead, 2010
NO2, 2010 SO2 and 1997, 2006 and 2012
PM2.5, NAAQS. This action removes
EPA’s obligation to promulgate a
Federal Implementation Plan (FIP) to
address these CAA state board
requirements for Mississippi.
This rule will be effective
November 5, 2018.
DATES:
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Additional
explanation/
citation
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Control of Nitrogen Oxides Emissions
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[FR Doc. 2018–21472 Filed 10–3–18; 8:45 am]
State effective
date
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EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0546. All documents in the docket
are listed on the www.regulations.gov
website. 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.
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–9140. Ms. Ward
can be reached via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
States must submit infrastructure SIP
submissions meeting the applicable
requirements of sections 110(a)(1) and
(2) of the CAA within three years after
EPA’s promulgation of a new or revised
NAAQS. Sections 110(a)(1) and (2)
require states to address basic SIP
requirements, including emissions
inventories, monitoring, and modeling
to assure attainment and maintenance of
the new or revised NAAQS. More
specifically, section 110(a)(1) provides
the procedural and timing requirements
for infrastructure SIP submissions.
Section 110(a)(2) lists specific
requirements that states must meet for
‘‘infrastructure’’ SIP purposes, as
applicable, related to the newly
established or revised NAAQS. In
particular, section 110(a)(2)(E)(ii)
requires states to include provisions in
their SIP to address the state board
requirements of section 128. Section 128
of the CAA requires that states include
provisions in their SIP that require that
any state board or body which approves
permits or enforcement orders shall
have a majority of members who
represent the public interest and do not
receive a significant portion of their
income from parties subject to such
permits or enforcement orders (section
128(a)(1)); and require that the members
of any such board or body, or the head
of an executive agency with similar
power to approve permits or
enforcement orders under the CAA,
shall adequately disclose potential
conflicts of interest (section 128(a)(2)).
In a notice of proposed rulemaking
(NPRM) published on March 30, 2018
(83 FR 13712), EPA proposed to approve
Mississippi’s June 23, 2017, and
February 2, 2018, parallel processing
submissions related to the state board
requirements as meeting the significant
portion of income requirements of
section 128(a)(1), and also as meeting
the infrastructure requirements of
section 110(a)(2)(E)(ii) for the 1997,
2006, and 2012 PM2.5, 2008 8-hour
Ozone, 2008 Lead, 2010 NO2, and 2010
SO2 NAAQS. In the NPRM, EPA also
proposed approval of the new
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supplemental provisions regarding
representation of the public interest of
section 128(a)(1) for the MDEQ Permit
Board and Mississippi Commission on
Environmental Quality, and disclosure
of potential conflicts of interest of
section 128(a)(2) for the Mississippi
Commission on Environmental Quality.
The details of Mississippi’s submissions
and the rationale for EPA’s actions
related to how Mississippi addressed
the requirements of section 128 and the
related infrastructure section
110(a)(2)(E)(ii) requirements for the
aforementioned NAAQS are explained
in the NPRM.
EPA is finalizing its proposed
approval of Mississippi’s June 26, 2018 1
submission to incorporate into its SIP
certain regulatory provisions to address
the significant portion of income
requirement of section 128(a)(1). As a
result of the addition of these new SIP
provisions to meet the requirements of
section 128(a)(1), EPA is also finalizing
approval of this submission as satisfying
the section 110(a)(2)(E)(ii) infrastructure
requirement for the 1997, 2006, and
2012 PM2.5, 2008 8-hour Ozone, 2008
Lead, 2010 NO2, and 2010 SO2 NAAQS.
This final action fully addresses the SIP
deficiencies related to section
110(a)(2)(E)(ii) and section 128 from
EPA’s prior disapprovals of
infrastructure SIP submissions for the
2008 8-hour Ozone NAAQS on March 2,
2015 (80 FR 11133), 2008 lead NAAQS
on March 30, 2015 (80 FR 16566), 2010
NO2 NAAQS on August 16, 2016 (81 FR
63705), 2010 SO2 NAAQS on September
30, 2016 (81 FR 67171), and 2012 PM2.5
NAAQS on December 12, 2016 (81 FR
89391). Thus, this final action also
satisfies EPA’s FIP obligation with
regard to that infrastructure SIP
requirement for these NAAQS based on
the prior disapprovals.
II. Response to Comments
EPA received comments from a total
of nine commenters, but only one
commenter submitted comments
relevant to this action.
Comment 1: With regard to the
parallel proceedings process used in the
proposed rulemaking, the Commenter
states that: ‘‘[b]ecause EPA is required to
allow the public to submit meaningful
comments, we cannot comment on any
changes the State may make after we
submit these comments. Therefore, if
the State makes any changes after EPA’s
public comment period is up, EPA
could not approve the submittal with
1 The three components of Mississippi’s June 26,
2018 submission became state effective on July 1,
2016, May 11, 2018, and June 25, 2018.
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those changes without a new public
comment period.’’
Response to Comment 1: EPA notes
that the final SIP revision adopted and
submitted to EPA by Mississippi is
identical to the draft regulations EPA
described in the proposal. As a result,
the potential scenario described by the
Commenter does not exist in the instant
action, as the Commenter and others
had the opportunity to comment on the
exact regulatory language that was
adopted by Mississippi in its final
submission and is approved in this final
rulemaking action. Nevertheless, EPA
takes this opportunity to confirm its
longstanding interpretation of parallel
processing requirements as allowing
EPA to finalize a proposal without
further public comment where there are
no significant changes in the state’s final
submission, i.e., when the state’s final
submission is substantively similar to
the draft state regulations on which the
NPRM was based. To the extent the
Commenter suggests otherwise, EPA
disagrees. EPA’s established procedures
for parallel processing are codified at 40
CFR part 51, appendix V, 2.3 and serve
to expedite review of SIP submissions.
Under parallel processing, a state will
submit a draft SIP revision to EPA prior
to final adoption of that revision by the
state. If EPA believes the draft SIP
submission is approvable, it publishes a
notice of proposed rulemaking prior to
finalization at the state level and the
public is able to comment on EPA’s
proposed approval of the state’s draft
SIP submission. After finalization at the
state level and receipt of the final
submission from the state, EPA reviews
this final submittal and can finalize its
prior proposed approval of the
submission if it is substantively similar
to the draft. If there are significant
changes in the state’s final submission
such that it is not substantively similar
to the prior draft, then EPA will issue
a subsequent proposal to solicit
comment on those changes or other
issues that were not included in the
initial proposed action. By this process,
commenters are provided an
opportunity to comment on all pertinent
issues related to the SIP submission, as
mandated under Federal law
establishing procedural requirements for
agency rulemakings. EPA notes that this
approach was reflected in the proposed
rulemaking for this action wherein we
stated that if the State’s SIP submission
as finally adopted and submitted to EPA
is changed in aspects other than those
identified in the proposed rulemaking,
then ‘‘EPA will evaluate those changes,
and if necessary and appropriate, issue
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another notice of proposed rulemaking.’’
See 83 FR 13713.
Comment 2: The Commenter notes
that the submission does not include
evidence of adoption of the SIP revision
and states that EPA cannot approve the
SIP submittal without this evidence.
EPA Response to Comment 2: Because
SIP submissions that a state submits for
parallel processing are by definition not
yet final at the state level, 40 CFR part
51, appendix V, 2.3 provides exceptions
from the SIP completeness criteria
specified in 40 CFR part 51, appendix
V, 2.0. Appendix V, 2.3.1(b) does not
require a state to provide evidence of
adoption of the plan in final form at the
state level in a SIP submission
submitted for parallel processing. The
state, however, is required to submit a
SIP submission meeting these
completeness requirements before EPA
can make a final determination of
approvability. See 40 CFR part 51,
appendix V, 2.3.2. For this action,
Mississippi’s final submission includes
the required evidence of adoption of the
SIP revisions in Attachment 3 of the
Technical Support Document.
Comment 3: The Commenter states
that EPA should include the dates of the
version of the State’s code and
regulations it is incorporating by
reference so that future readers can
determine exactly what language is
incorporated by reference. More
specifically the Commenter states that:
‘‘EPA should specify that it is
incorporating by reference the July 1,
2016 version of paragraph 6 of Section
49–2–5 and the effective date, which we
cannot determine by the documents in
the current docket, of the Mississippi
Administrative Code.’’
EPA Response to Comment 3: EPA
agrees that incorporations by reference
should specify the appropriate state law
effective date as a means of identifying
the precise version of the statutory or
regulatory requirements at issue in a SIP
submission. In this instance, July 1,
2016, is the state law effective date for
Mississippi Code section 49–2–5(6).
This final action specifies the provisions
that are being incorporated into the
Code of Federal Regulation (CFR) at 40
CFR 52.1270 and identifies them by
their state law effective dates. EPA notes
that SIP submissions that states submit
for parallel processing are not required
to identify the state effective date (see
40 CFR part 51, appendix V, 2.3.1(b)). In
fact the state law effective date of draft
SIP submissions that a state submits for
parallel processing would typically not
be known at the time of submission,
because submissions for parallel
processing will often (if not always)
predate adoption at the state level. But
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again, EPA cannot make a final
determination of plan approvability
until the state adopts the final version
of the state law at issue in the SIP
submission and submits evidence of
adoption with the state law effective
date in its final submission.
Comment 4: The Commenter also
notes a typographical error in EPA’s
proposed action in the second column
of 83 FR13715. Specifically, the
Commenter notes that the proposal
states: ‘‘and a process for replacing
members as needed to ensure that a
majority does derive a significant
portion of income from regulated
entities,’’ but should state: ‘‘and a
process for replacing members as
needed to ensure that a majority does
not derive a significant portion of
income from regulated entities.
(Emphasis added)’’
EPA Response to Comment 4: EPA
acknowledges that the omission of the
word ‘‘not’’ from the preamble to EPA’s
proposed action was a scrivener’s error
and that the Commenter is correct that
the word ‘‘not’’ should be inserted into
this statement, consistent with EPA’s
discussion of the SIP revision in the
proposal and the actual provisions EPA
is incorporating in this action.
III. 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 incorporation
by reference of Mississippi Code section
49–2–5, state effective date July 1, 2016,
which includes certain section 128
requirements for the MDEQ Commission
on Environmental Quality. EPA is also
finalizing the incorporation by reference
of ‘‘Air Emissions Regulations for the
Prevention, Abatement, and Control of
Air Contaminants’’ Title 11, Part 2,
Chapter 1, Rule 1.1, state effective date
June 25, 2018; and ‘‘Regulations
Regarding Administrative Procedures
Pursuant to the Mississippi
Administrative Procedures Act’’, Title
11, Part 1 Chapter 5, Rule 5.1, state
effective date May 11, 2018, which both
include certain section 128
requirements for the MDEQ Permit
Board. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 4 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
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sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated in the next update to the
SIP compilation.2
IV. Final Action
As described above, EPA is taking
action to approve SIP revisions needed
to assure that Mississippi’s SIP meets
the significant portion of income
requirements of 128(a)(1) of the CAA.
Approval of Mississippi’s June 26, 2018
submission also meets the section
110(a)(2)(E)(ii) requirements for the
2008 8-hour Ozone, 2008 Lead, 2010
NO2, 2010 SO2, and 1997, 2006 and
2012 PM2.5, NAAQS for section
110(a)(2)(E)(ii). With this approval, the
deficiencies that EPA identified in the
previous partial disapprovals of
Mississippi’s infrastructure SIP
submissions related to the significant
portion of income requirements
respecting state boards for the 2008 8hour Ozone, 2008 Lead, 2010 NO2, 2010
SO2, and 1997, 2006 and 2012 PM2.5,
NAAQS are resolved. This action
therefore removes EPA’s obligation to
promulgate a FIP to address these CAA
state board requirements for
Mississippi. Finally, EPA is also
approving the new supplemental
provisions regarding representation of
the public interest of section 128(a)(1)
for the MDEQ Permit Board and
Mississippi Commission on
Environmental Quality, and disclosure
of potential conflicts of interest of
section 128(a)(2) for the Mississippi
Commission on Environmental Quality.
V. 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. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
2 See
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action because SIP approvals are
exempted under Executive Order 12866;
• 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 December 3, 2018. 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, Intergovernmental
relations, Incorporation by reference,
Lead, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 10, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
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 is amended by:
a. In paragraph (c) table:
i. Adding under the heading
‘‘Mississippi Code’’ the entry ‘‘Section
49–2–5’’ in numerical order;
■ ii. Adding at the end of the table the
undesignated heading ‘‘11 MAC—Part
2—Chapter 1 Air Emission Regulations
for the Prevention, Abatement, and
Control of Air Contaminants’’ and the
entry ‘‘Rule 1.1’’; and
■ iii. Adding at the end of the table the
undesignated heading ‘‘11 MAC—Part
1—Chapter 5 Mississippi Environmental
Quality Permit Board: Regulations
Regarding Administrative Procedures
Pursuant to the Mississippi
Administrative Procedures Act,’’ and
the entry ‘‘Rule 5.1’’; and
■ b. In paragraph (e) table by adding
entries ‘‘110(a)(1) and (2) Infrastructure
Requirements for the 1997 Annual PM2.5
NAAQS’’, ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2006
24-hour PM2.5 NAAQS’’, ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2012 24-hour PM2.5 NAAQS’’, ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2008 Lead NAAQS’’, ‘‘110(a)(1) and
(2) Infrastructure Requirements for the
2008 8-hour Ozone NAAQS’’, ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 NO2 NAAQS’’, and ‘‘110(a)(1)
and (2) Infrastructure Requirements for
the 2010 SO2 NAAQS’’ at the end of the
table.
The additions read as follows:
■
■
■
§ 52.1270
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40 CFR part 52 is amended as follows:
Identification of plan.
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EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
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State effective
date
Title/subject
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EPA approval date
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Explanation
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Mississippi Code
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Section 49–2–5 ..............................
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Commission
Quality.
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EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State citation
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11 MAC—Part 2—Chapter 1
Rule 1.1 ..........................................
11 MAC—Part 1—Chapter 5
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EPA approval date
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Explanation
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Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
General ..........................................
6/25/2018
10/4/2018, [Insert Federal Register citation].
Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures
Pursuant to the Mississippi Administrative Procedures Act
Rule 5.1 ..........................................
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State effective
date
Title/subject
Description of Mississippi Environmental Quality Permit Board.
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5/11/2018
10/4/2018, [Insert Federal Register citation].
(e) * * *
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of
non-regulatory
SIP provision
Applicable
geographic or
nonattainment area
State submittal
date/effective
date
*
*
110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual
PM2.5 NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour
PM2.5 NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2012 24-hour
PM2.5 NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour
Ozone NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2
NAAQS.
110(a)(1) and (2) Infrastructure Requirements for the 2010 SO2
NAAQS.
*
Mississippi ...
6/25/2018
Mississippi ...
6/25/2018
10/4/2018, [Insert Federal Register citation].
Mississippi ...
6/25/2018
10/4/2018, [Insert Federal Register citation].
Mississippi ...
6/25/2018
10/4/2018, [Insert Federal Register citation].
Mississippi ...
6/25/2018
10/4/2018, [Insert Federal Register citation].
Mississippi ...
6/25/2018
10/4/2018, [Insert Federal Register citation].
Mississippi ...
6/25/2018
10/4/2018, [Insert Federal Register citation].
Explanation
*
*
10/4/2018, [Insert Federal Register citation].
*
*
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
Addressing the state board requirements of sections 128 and
110(a)(2)(E)(ii) only.
3. Section 52.1272 is revised to read
as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.1272
40 CFR Part 52
■
daltland on DSKBBV9HB2PROD with RULES
EPA approval date
Approval status.
With the exceptions set forth in this
subpart, the Administrator approves
Mississippi’s plan for the attainment
and maintenance of the national
standards under section 110 of the
Clean Air Act. Furthermore, the
Administrator finds that the plan
satisfies all requirements of part D, title
1, of the Clean Air Act as amended in
1977.
[FR Doc. 2018–21193 Filed 10–3–18; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:25 Oct 03, 2018
Jkt 247001
[EPA–R6–OAR–2018–0386; FRL–9983–93–
Region 6]
Air Plan Approval; Texas; Control of
Air Pollution from Motor Vehicles with
Mobile Source Incentive Programs
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions to the Texas State
Implementation Plan (SIP) submitted by
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
the State of Texas that pertain to
regulations to control air pollution from
motor vehicles with mobile source
incentive programs.
This rule is effective on January
2, 2019 without further notice, unless
the EPA receives relevant adverse
comment by November 5, 2018. If the
EPA receives such comment, the EPA
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
DATES:
Submit your comments,
identified by Docket No. EPA–R6–OAR–
2018–0386, at https://www.regulations.
gov or via email to pitre.randy@epa.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
ADDRESSES:
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50014-50018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21193]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0546; FRL-9984-53-Region 4]
Air Plan Approval; MS; Section 128 Board Requirements for
Infrastructure SIPs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) submission,
submitted by the State of Mississippi, through the Mississippi
Department of Environmental Quality (MDEQ), on June 26, 2018. This SIP
submission addresses specific Clean Air Act (CAA or Act) requirements
applicable to Mississippi state boards or bodies that approve CAA
permits or enforcement orders. This submission also specifically
addresses related requirements for implementation of the following
national ambient air quality standards (NAAQS): 2008 8-hour Ozone, 2008
Lead, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide
(SO2), and 1997, 2006 and 2012 fine particulate matter
(PM2.5). Whenever EPA promulgates a new or revised NAAQS,
the CAA requires the state to make a new SIP submission establishing
that the existing SIP meets the various applicable requirements, or
revising the SIP to meet those requirements. This type of SIP
submission is commonly referred to as an ``infrastructure'' SIP. In
this final action, EPA is approving the June 26, 2018, submission with
respect to the CAA requirements applicable to state boards; and the
related state board infrastructure SIP requirements for the 2008 8-hour
Ozone, 2008 Lead, 2010 NO2, 2010 SO2 and 1997,
2006 and 2012 PM2.5, NAAQS. This action removes EPA's
obligation to promulgate a Federal Implementation Plan (FIP) to address
these CAA state board requirements for Mississippi.
DATES: This rule will be effective November 5, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0546. All documents in the docket
are listed on the www.regulations.gov website. 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.
[[Page 50015]]
FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
States must submit infrastructure SIP submissions meeting the
applicable requirements of sections 110(a)(1) and (2) of the CAA within
three years after EPA's promulgation of a new or revised NAAQS.
Sections 110(a)(1) and (2) require states to address basic SIP
requirements, including emissions inventories, monitoring, and modeling
to assure attainment and maintenance of the new or revised NAAQS. More
specifically, section 110(a)(1) provides the procedural and timing
requirements for infrastructure SIP submissions. Section 110(a)(2)
lists specific requirements that states must meet for
``infrastructure'' SIP purposes, as applicable, related to the newly
established or revised NAAQS. In particular, section 110(a)(2)(E)(ii)
requires states to include provisions in their SIP to address the state
board requirements of section 128. Section 128 of the CAA requires that
states include provisions in their SIP that require that any state
board or body which approves permits or enforcement orders shall have a
majority of members who represent the public interest and do not
receive a significant portion of their income from parties subject to
such permits or enforcement orders (section 128(a)(1)); and require
that the members of any such board or body, or the head of an executive
agency with similar power to approve permits or enforcement orders
under the CAA, shall adequately disclose potential conflicts of
interest (section 128(a)(2)).
In a notice of proposed rulemaking (NPRM) published on March 30,
2018 (83 FR 13712), EPA proposed to approve Mississippi's June 23,
2017, and February 2, 2018, parallel processing submissions related to
the state board requirements as meeting the significant portion of
income requirements of section 128(a)(1), and also as meeting the
infrastructure requirements of section 110(a)(2)(E)(ii) for the 1997,
2006, and 2012 PM2.5, 2008 8-hour Ozone, 2008 Lead, 2010
NO2, and 2010 SO2 NAAQS. In the NPRM, EPA also
proposed approval of the new supplemental provisions regarding
representation of the public interest of section 128(a)(1) for the MDEQ
Permit Board and Mississippi Commission on Environmental Quality, and
disclosure of potential conflicts of interest of section 128(a)(2) for
the Mississippi Commission on Environmental Quality. The details of
Mississippi's submissions and the rationale for EPA's actions related
to how Mississippi addressed the requirements of section 128 and the
related infrastructure section 110(a)(2)(E)(ii) requirements for the
aforementioned NAAQS are explained in the NPRM.
EPA is finalizing its proposed approval of Mississippi's June 26,
2018 \1\ submission to incorporate into its SIP certain regulatory
provisions to address the significant portion of income requirement of
section 128(a)(1). As a result of the addition of these new SIP
provisions to meet the requirements of section 128(a)(1), EPA is also
finalizing approval of this submission as satisfying the section
110(a)(2)(E)(ii) infrastructure requirement for the 1997, 2006, and
2012 PM2.5, 2008 8-hour Ozone, 2008 Lead, 2010
NO2, and 2010 SO2 NAAQS. This final action fully
addresses the SIP deficiencies related to section 110(a)(2)(E)(ii) and
section 128 from EPA's prior disapprovals of infrastructure SIP
submissions for the 2008 8-hour Ozone NAAQS on March 2, 2015 (80 FR
11133), 2008 lead NAAQS on March 30, 2015 (80 FR 16566), 2010
NO2 NAAQS on August 16, 2016 (81 FR 63705), 2010
SO2 NAAQS on September 30, 2016 (81 FR 67171), and 2012
PM2.5 NAAQS on December 12, 2016 (81 FR 89391). Thus, this
final action also satisfies EPA's FIP obligation with regard to that
infrastructure SIP requirement for these NAAQS based on the prior
disapprovals.
---------------------------------------------------------------------------
\1\ The three components of Mississippi's June 26, 2018
submission became state effective on July 1, 2016, May 11, 2018, and
June 25, 2018.
---------------------------------------------------------------------------
II. Response to Comments
EPA received comments from a total of nine commenters, but only one
commenter submitted comments relevant to this action.
Comment 1: With regard to the parallel proceedings process used in
the proposed rulemaking, the Commenter states that: ``[b]ecause EPA is
required to allow the public to submit meaningful comments, we cannot
comment on any changes the State may make after we submit these
comments. Therefore, if the State makes any changes after EPA's public
comment period is up, EPA could not approve the submittal with those
changes without a new public comment period.''
Response to Comment 1: EPA notes that the final SIP revision
adopted and submitted to EPA by Mississippi is identical to the draft
regulations EPA described in the proposal. As a result, the potential
scenario described by the Commenter does not exist in the instant
action, as the Commenter and others had the opportunity to comment on
the exact regulatory language that was adopted by Mississippi in its
final submission and is approved in this final rulemaking action.
Nevertheless, EPA takes this opportunity to confirm its longstanding
interpretation of parallel processing requirements as allowing EPA to
finalize a proposal without further public comment where there are no
significant changes in the state's final submission, i.e., when the
state's final submission is substantively similar to the draft state
regulations on which the NPRM was based. To the extent the Commenter
suggests otherwise, EPA disagrees. EPA's established procedures for
parallel processing are codified at 40 CFR part 51, appendix V, 2.3 and
serve to expedite review of SIP submissions. Under parallel processing,
a state will submit a draft SIP revision to EPA prior to final adoption
of that revision by the state. If EPA believes the draft SIP submission
is approvable, it publishes a notice of proposed rulemaking prior to
finalization at the state level and the public is able to comment on
EPA's proposed approval of the state's draft SIP submission. After
finalization at the state level and receipt of the final submission
from the state, EPA reviews this final submittal and can finalize its
prior proposed approval of the submission if it is substantively
similar to the draft. If there are significant changes in the state's
final submission such that it is not substantively similar to the prior
draft, then EPA will issue a subsequent proposal to solicit comment on
those changes or other issues that were not included in the initial
proposed action. By this process, commenters are provided an
opportunity to comment on all pertinent issues related to the SIP
submission, as mandated under Federal law establishing procedural
requirements for agency rulemakings. EPA notes that this approach was
reflected in the proposed rulemaking for this action wherein we stated
that if the State's SIP submission as finally adopted and submitted to
EPA is changed in aspects other than those identified in the proposed
rulemaking, then ``EPA will evaluate those changes, and if necessary
and appropriate, issue
[[Page 50016]]
another notice of proposed rulemaking.'' See 83 FR 13713.
Comment 2: The Commenter notes that the submission does not include
evidence of adoption of the SIP revision and states that EPA cannot
approve the SIP submittal without this evidence.
EPA Response to Comment 2: Because SIP submissions that a state
submits for parallel processing are by definition not yet final at the
state level, 40 CFR part 51, appendix V, 2.3 provides exceptions from
the SIP completeness criteria specified in 40 CFR part 51, appendix V,
2.0. Appendix V, 2.3.1(b) does not require a state to provide evidence
of adoption of the plan in final form at the state level in a SIP
submission submitted for parallel processing. The state, however, is
required to submit a SIP submission meeting these completeness
requirements before EPA can make a final determination of
approvability. See 40 CFR part 51, appendix V, 2.3.2. For this action,
Mississippi's final submission includes the required evidence of
adoption of the SIP revisions in Attachment 3 of the Technical Support
Document.
Comment 3: The Commenter states that EPA should include the dates
of the version of the State's code and regulations it is incorporating
by reference so that future readers can determine exactly what language
is incorporated by reference. More specifically the Commenter states
that: ``EPA should specify that it is incorporating by reference the
July 1, 2016 version of paragraph 6 of Section 49-2-5 and the effective
date, which we cannot determine by the documents in the current docket,
of the Mississippi Administrative Code.''
EPA Response to Comment 3: EPA agrees that incorporations by
reference should specify the appropriate state law effective date as a
means of identifying the precise version of the statutory or regulatory
requirements at issue in a SIP submission. In this instance, July 1,
2016, is the state law effective date for Mississippi Code section 49-
2-5(6). This final action specifies the provisions that are being
incorporated into the Code of Federal Regulation (CFR) at 40 CFR
52.1270 and identifies them by their state law effective dates. EPA
notes that SIP submissions that states submit for parallel processing
are not required to identify the state effective date (see 40 CFR part
51, appendix V, 2.3.1(b)). In fact the state law effective date of
draft SIP submissions that a state submits for parallel processing
would typically not be known at the time of submission, because
submissions for parallel processing will often (if not always) predate
adoption at the state level. But again, EPA cannot make a final
determination of plan approvability until the state adopts the final
version of the state law at issue in the SIP submission and submits
evidence of adoption with the state law effective date in its final
submission.
Comment 4: The Commenter also notes a typographical error in EPA's
proposed action in the second column of 83 FR13715. Specifically, the
Commenter notes that the proposal states: ``and a process for replacing
members as needed to ensure that a majority does derive a significant
portion of income from regulated entities,'' but should state: ``and a
process for replacing members as needed to ensure that a majority does
not derive a significant portion of income from regulated entities.
(Emphasis added)''
EPA Response to Comment 4: EPA acknowledges that the omission of
the word ``not'' from the preamble to EPA's proposed action was a
scrivener's error and that the Commenter is correct that the word
``not'' should be inserted into this statement, consistent with EPA's
discussion of the SIP revision in the proposal and the actual
provisions EPA is incorporating in this action.
III. 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 incorporation by reference of Mississippi
Code section 49-2-5, state effective date July 1, 2016, which includes
certain section 128 requirements for the MDEQ Commission on
Environmental Quality. EPA is also finalizing the incorporation by
reference of ``Air Emissions Regulations for the Prevention, Abatement,
and Control of Air Contaminants'' Title 11, Part 2, Chapter 1, Rule
1.1, state effective date June 25, 2018; and ``Regulations Regarding
Administrative Procedures Pursuant to the Mississippi Administrative
Procedures Act'', Title 11, Part 1 Chapter 5, Rule 5.1, state effective
date May 11, 2018, which both include certain section 128 requirements
for the MDEQ Permit Board. EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and at
the EPA Region 4 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated in the next update to the SIP
compilation.\2\
---------------------------------------------------------------------------
\2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
As described above, EPA is taking action to approve SIP revisions
needed to assure that Mississippi's SIP meets the significant portion
of income requirements of 128(a)(1) of the CAA. Approval of
Mississippi's June 26, 2018 submission also meets the section
110(a)(2)(E)(ii) requirements for the 2008 8-hour Ozone, 2008 Lead,
2010 NO2, 2010 SO2, and 1997, 2006 and 2012
PM2.5, NAAQS for section 110(a)(2)(E)(ii). With this
approval, the deficiencies that EPA identified in the previous partial
disapprovals of Mississippi's infrastructure SIP submissions related to
the significant portion of income requirements respecting state boards
for the 2008 8-hour Ozone, 2008 Lead, 2010 NO2, 2010
SO2, and 1997, 2006 and 2012 PM2.5, NAAQS are
resolved. This action therefore removes EPA's obligation to promulgate
a FIP to address these CAA state board requirements for Mississippi.
Finally, EPA is also approving the new supplemental provisions
regarding representation of the public interest of section 128(a)(1)
for the MDEQ Permit Board and Mississippi Commission on Environmental
Quality, and disclosure of potential conflicts of interest of section
128(a)(2) for the Mississippi Commission on Environmental Quality.
V. 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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory
[[Page 50017]]
action because SIP approvals are exempted under Executive Order 12866;
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 December 3, 2018. 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, Intergovernmental
relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
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 is amended by:
0
a. In paragraph (c) table:
0
i. Adding under the heading ``Mississippi Code'' the entry ``Section
49-2-5'' in numerical order;
0
ii. Adding at the end of the table the undesignated heading ``11 MAC--
Part 2--Chapter 1 Air Emission Regulations for the Prevention,
Abatement, and Control of Air Contaminants'' and the entry ``Rule
1.1''; and
0
iii. Adding at the end of the table the undesignated heading ``11 MAC--
Part 1--Chapter 5 Mississippi Environmental Quality Permit Board:
Regulations Regarding Administrative Procedures Pursuant to the
Mississippi Administrative Procedures Act,'' and the entry ``Rule
5.1''; and
0
b. In paragraph (e) table by adding entries ``110(a)(1) and (2)
Infrastructure Requirements for the 1997 Annual PM2.5
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2006
24-hour PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure
Requirements for the 2012 24-hour PM2.5 NAAQS'', ``110(a)(1)
and (2) Infrastructure Requirements for the 2008 Lead NAAQS'',
``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour
Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the
2010 NO2 NAAQS'', and ``110(a)(1) and (2) Infrastructure
Requirements for the 2010 SO2 NAAQS'' at the end of the
table.
The additions read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Mississippi Code
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 49-2-5.................. Commission on 7/1/2016 10/4/2018, [Insert .....................
Environmental Federal Register
Quality. citation].
[[Page 50018]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
11 MAC--Part 2--Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air
Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 1.1........................ General............ 6/25/2018 10/4/2018, [Insert .....................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
11 MAC--Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative
Procedures Pursuant to the Mississippi Administrative Procedures Act
----------------------------------------------------------------------------------------------------------------
Rule 5.1........................ Description of 5/11/2018 10/4/2018, [Insert .....................
Mississippi Federal Register
Environmental citation].
Quality Permit
Board.
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanation
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 1997 Federal Register state board
Annual PM2.5 NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 2006 24- Federal Register state board
hour PM2.5 NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 2012 24- Federal Register state board
hour PM2.5 NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 2008 Lead Federal Register state board
NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 2008 8- Federal Register state board
hour Ozone NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 2010 NO2 Federal Register state board
NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Mississippi......... 6/25/2018 10/4/2018, [Insert Addressing the
Requirements for the 2010 SO2 Federal Register state board
NAAQS. citation]. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1272 is revised to read as follows:
Sec. 52.1272 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Mississippi's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of
part D, title 1, of the Clean Air Act as amended in 1977.
[FR Doc. 2018-21193 Filed 10-3-18; 8:45 am]
BILLING CODE 6560-50-P
