Air Plan Approval; MS; PSD Infrastructure Plan for the 2012 PM2.5, 64746-64748 [2018-27256]
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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
amozie on DSK3GDR082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting 4 hours that will prohibit
entry within 190 yards of a fireworks
barge in Tumon Bay approximately 350
yards north of Joseph F. Flores Beach
Park. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T14–0864 to read as
follows:
■
§ 165.T14–0864
Tumon, GU.
Safety Zone; Tumon Bay,
(a) Location. The following areas,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15), all
navigable waters on the surface and
below the surface within 190 yards of
the fireworks barge participating in the
New Year’s Eve Fireworks display. The
following position, 13 degrees 30
minutes 24.99 seconds N Latitude, 144
degrees 47 minutes 21.93 seconds E
Longitude, are to be used as a guide to
the location of the barge.
(b) Effective dates. This rule is
effective from 9 p.m. on December 31,
2018 through 1 a.m. on January 1, 2019.
(c) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP representative
permitted by law, may enforce this
temporary safety zone.
(d) Waiver. The COTP may waive any
of the requirements of this rule for any
person, vessel, or class of vessel upon
finding that application of the safety
zone is unnecessary or impractical for
the purpose of maritime security.
(e) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: November 28, 2018.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
[FR Doc. 2018–27333 Filed 12–17–18; 8:45 am]
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Air Plan Approval; MS; PSD
Infrastructure Plan for the 2012 PM2.5
NAAQS
1. The authority citation for part 165
continues to read as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2014–0424; FRL–9988–12–
Region 4]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
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
SUMMARY:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
BILLING CODE 9110–04–P
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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. Specifically, EPA
is approving the portions of the
submission that relate to the prevention
of significant deterioration (PSD)
requirements. All other applicable
infrastructure requirements for the 2012
Annual PM2.5 NAAQS have been
addressed in separate rulemakings.
DATES: This rule will be effective
January 17, 2019.
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
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.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Lakeman can
be reached via telephone at (404) 562–
9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012 (78 FR 3086,
January 15, 2013), EPA promulgated a
E:\FR\FM\18DER1.SGM
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Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
revised primary annual PM2.5 NAAQS.
The standard was strengthened from
15.0 micrograms per cubic meter (mg/
m3) to 12.0 mg/m3. 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, 2015.1
Through this action, EPA is approving
Mississippi’s PSD requirements of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) (hereafter
‘‘PSD Elements’’) for the 2012 Annual
PM2.5 NAAQS. In a notice of proposed
rulemaking (NPRM) published on June
8, 2016 (81 FR 36848), EPA proposed to
approve Mississippi’s PSD Elements of
the December 11, 2015, submittal.
Comments on the NPRM were due on or
before July 8, 2016. EPA received no
adverse comments on the proposed
action. In the final rule on December 12,
2016 (81 FR 89391), EPA inadvertently
indicated that the Agency had already
approved these requirements.
Specifically, in the December 12, 2016,
Federal Register final rule, EPA stated
that on March 18, 2015 (80 FR 14019),
the Agency approved Mississippi’s
December 11, 2015, submission
regarding the PSD Elements. However,
the March 18, 2015, Federal Register
final rule only addressed the PSD
Elements for the 2008 Lead, 2008 Ozone
and 2010 Nitrogen Dioxide NAAQS.
Therefore, EPA is taking the opportunity
to correct this error and is approving the
PSD Elements for the 2012 Annual
PM2.5 NAAQS. EPA notes that the
Agency is not approving any specific
rule, but rather finding that
Mississippi’s already approved SIP
meets certain CAA requirements.
II. Final Action
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As described above, EPA is approving
the portions of the above-described
infrastructure SIP submission submitted
1 In these infrastructure SIP submissions States
generally certify evidence of compliance with
sections 110(a)(1) and (2) of the CAA through a
combination of state regulations and statutes, some
of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be
appropriate for demonstrating compliance with
sections 110(a)(1) and (2).
VerDate Sep<11>2014
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Jkt 247001
by Mississippi on December 11, 2015, to
address the PSD requirements of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II)
(prong 3) and 110(a)(2)(J) of the CAA for
the 2012 Annual PM2.5 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. 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
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 (Public Law 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
PO 00000
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Fmt 4700
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64747
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 February 19, 2019. 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: December 6, 2018.
Mary S. Walker,
Acting 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:
■
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64748
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Infrastructure Requirements for the 2012
Annual PM2.5 NAAQS’’ at the end of the
table to read as follows:
Subpart Z—Mississippi
§ 52.1270
*
Identification of plan.
*
*
(e) * * *
*
*
2. Section 52.1270(e) is amended by
adding new entry for ‘‘110(a)(1) and (2)
■
EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable
geographic or
nonattainment area
*
*
*
110(a)(1) and (2) InfrastrucMississippi .............
ture Requirements for the
2012 Annual PM2.5 NAAQS.
[FR Doc. 2018–27256 Filed 12–17–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120815345–3525–02]
RIN 0648–XG662
Snapper-Grouper Fishery of the South
Atlantic; 2018 Recreational
Accountability Measure and Closure
for the South Atlantic Other Jacks
Complex
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) for the
recreational sector for the other jacks
complex (lesser amberjack, almaco jack,
and banded rudderfish) in the South
Atlantic for the 2018 fishing year
through this temporary rule. NMFS has
determined that recreational landings of
the other jacks complex has exceeded its
recreational annual catch limit (ACL).
Therefore, NMFS closes the recreational
sector for this complex on December 18,
2018, through the remainder of the 2018
fishing year in the exclusive economic
zone (EEZ) of the South Atlantic. This
closure is necessary to protect the lesser
amberjack, almaco jack, and banded
rudderfish resources.
DATES: This rule is effective 12:01 a.m.,
local time, December 18, 2018, until
12:01 a.m., local time, January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
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SUMMARY:
VerDate Sep<11>2014
22:34 Dec 17, 2018
Jkt 247001
State
submittal
date/
effective
date
12/11/2015
EPA approval
date
Explanation
*
*
12/18/2018, [Insert citation of publication].
*
*
Addressing the PSD permitting requirements of
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong
3) and 110(a)(2)(J) only
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes lesser amberjack,
almaco jack, and banded rudderfish,
and is managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The recreational ACL for the other
jacks complex is 267,799 lb (121,472
kg), round weight. Under 50 CFR
622.193(l)(2)(i), NMFS is required to
close the recreational sector for the
other jacks complex when the
recreational ACL has been reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register, unless NMFS
determines that no closure is necessary
based on the best scientific information
available. NMFS has determined that
the recreational sector for this complex
has exceeded its ACL. Therefore, this
temporary rule implements an AM to
close the recreational sector for the
other jacks complex in the South
Atlantic EEZ, effective 12:01 a.m., local
time, December 18, 2018, until January
1, 2019, the start of the next fishing
year.
During the recreational closure, the
bag and possession limits for the fish in
the other jacks complex in or from the
South Atlantic EEZ are zero.
Additionally, NMFS closed the
commercial sector for the other jacks
complex effective on August 22, 2018,
upon reaching the commercial ACL (83
FR 41019; August 17, 2018). Therefore,
PO 00000
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Fmt 4700
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as of 12:01 a.m. on December 18, 2018,
no commercial or recreational harvest of
fish in the other jacks complex from the
South Atlantic EEZ is allowed for the
remainder of the 2018 fishing year.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the other jacks complex,
a component of the South Atlantic
snapper-grouper fishery, and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.193(l)(2)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
public comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the recreational sector for the
other jacks complex constitutes good
cause to waive the requirements to
provide prior notice and opportunity for
public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(B),
as such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule implementing the AM itself has
been subject to notice and comment,
and all that remains is to notify the
public of the closure. Such procedures
are contrary to the public interest
because of the need to immediately
implement this action to protect the
other jacks complex. Prior notice and
opportunity for public comment would
require time and would potentially
E:\FR\FM\18DER1.SGM
18DER1
]]>Agencies
[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64746-64748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27256]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0424; FRL-9988-12-Region 4]
Air Plan Approval; MS; PSD Infrastructure Plan for the 2012 PM2.5
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of 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.
Specifically, EPA is approving the portions of the submission that
relate to the prevention of significant deterioration (PSD)
requirements. All other applicable infrastructure requirements for the
2012 Annual PM2.5 NAAQS have been addressed in separate
rulemakings.
DATES: This rule will be effective January 17, 2019.
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 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.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone at (404) 562-9043
or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2012 (78 FR 3086, January 15, 2013), EPA
promulgated a
[[Page 64747]]
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\. 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.\1\
---------------------------------------------------------------------------
\1\ In these infrastructure SIP submissions States generally
certify evidence of compliance with sections 110(a)(1) and (2) of
the CAA through a combination of state regulations and statutes,
some of which have been incorporated into the federally-approved
SIP. In addition, certain federally-approved, non-SIP regulations
may also be appropriate for demonstrating compliance with sections
110(a)(1) and (2).
---------------------------------------------------------------------------
Through this action, EPA is approving Mississippi's PSD
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3)
and 110(a)(2)(J) (hereafter ``PSD Elements'') for the 2012 Annual
PM2.5 NAAQS. In a notice of proposed rulemaking (NPRM)
published on June 8, 2016 (81 FR 36848), EPA proposed to approve
Mississippi's PSD Elements of the December 11, 2015, submittal.
Comments on the NPRM were due on or before July 8, 2016. EPA received
no adverse comments on the proposed action. In the final rule on
December 12, 2016 (81 FR 89391), EPA inadvertently indicated that the
Agency had already approved these requirements. Specifically, in the
December 12, 2016, Federal Register final rule, EPA stated that on
March 18, 2015 (80 FR 14019), the Agency approved Mississippi's
December 11, 2015, submission regarding the PSD Elements. However, the
March 18, 2015, Federal Register final rule only addressed the PSD
Elements for the 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide NAAQS.
Therefore, EPA is taking the opportunity to correct this error and is
approving the PSD Elements for the 2012 Annual PM2.5 NAAQS.
EPA notes that the Agency is not approving any specific rule, but
rather finding that Mississippi's already approved SIP meets certain
CAA requirements.
II. Final Action
As described above, EPA is approving the portions of the above-
described infrastructure SIP submission submitted by Mississippi on
December 11, 2015, to address the PSD requirements of sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA
for the 2012 Annual PM2.5 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. 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 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 (Public Law 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 February 19, 2019. 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: December 6, 2018.
Mary S. Walker,
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:
[[Page 64748]]
Authority: 42 U.S.C. 7401 et seq.
Subpart Z--Mississippi
0
2. Section 52.1270(e) is amended by adding new entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2012 Annual
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal
Name of non-regulatory SIP geographic or date/ EPA approval date Explanation
provision nonattainment area effective
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Infrastructure Mississippi........ 12/11/2015 12/18/2018, [Insert Addressing the PSD
Requirements for the 2012 citation of permitting
Annual PM2.5 NAAQS. publication]. requirements of
sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3) and
110(a)(2)(J) only
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[FR Doc. 2018-27256 Filed 12-17-18; 8:45 am]
BILLING CODE 6560-50-P
