Air Plan Approval; Mississippi; Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 57832-57834 [2022-20424]
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57832
Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
on locating the docket, see the
ADDRESSES section of this preamble.
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.
List of Subjects in 33 CFR Part 165
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–20548 Filed 9–21–22; 8:45 am]
BILLING CODE 9110–04–P
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:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0947; FRL–9640–02–
R4]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Air Plan Approval; Mississippi;
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standards
Authority: 46 U.S.C 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
AGENCY:
2. Add § 165.T08–0797 to read as
follows:
SUMMARY:
■
§ 165.T08–0797 Security Zones; Corpus
Christi Ship Channel. Corpus Christi, TX.
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(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate of the
enforcement times and dates for these
security zones.
(a) Location. The following area is a
security zone: All navigable waters
encompassing a 500-yard radius around
the M/V CELSIUS CAROLINA while the
vessel is in the Corpus Christi Ship
Channel and La Quinta Channel.
(b) Enforcement period. This section
will be enforced from September 21,
2022 until September 25, 2022.
(c) Regulations. (1) The general
regulations in § 165.33 of this part
apply. Entry into the zones described in
paragraph (a) of this section is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Corpus Christi.
(2) Persons or vessels desiring to enter
or pass through the zones must request
permission from the COTP Sector
Corpus Christi on VHF–FM channel 16
or by telephone at 361–939–0450.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
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16:21 Sep 21, 2022
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is approving portions of
a State Implementation Plan (SIP)
submission provided by the State of
Mississippi, through the Mississippi
Department of Environmental Quality
(MDEQ), through a letter dated January
25, 2021. This approval pertains to
certain infrastructure requirements of
the Clean Air Act (CAA or Act) for the
2015 8-hour ozone national ambient air
quality standards (NAAQS or
standards). Whenever EPA promulgates
a new or revised NAAQS, the CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance, and enforcement of that
NAAQS. EPA is approving portions of
Mississippi’s January 25, 2021,
submittal as the state has certified that
its SIP contains provisions that ensure
the 2015 8-hour ozone NAAQS is
implemented, enforced, and maintained
in Mississippi. EPA has determined that
Mississippi’s infrastructure SIP
submission satisfies certain required
infrastructure elements for the 2015 8hour ozone NAAQS.
DATES: This rule is effective October 24,
2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0947. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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 and Radiation 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:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated
a revised primary and secondary
NAAQS for ozone, revising the 8-hour
ozone standards from 0.075 parts per
million (ppm) to a new more protective
level of 0.070 ppm. See 80 FR 65292
(October 26, 2015). Pursuant to section
110(a)(1) of the CAA, states are required
to submit SIP revisions 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. This
particular type of SIP is commonly
referred to as an ‘‘infrastructure SIP’’ or
‘‘iSIP.’’ States were required to submit
such SIP revisions for the 2015 8-hour
ozone NAAQS to EPA no later than
October 1, 2018.1
1 In 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 SIP. In
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Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
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This action is approving portions of
Mississippi’s January 25, 2021, SIP
revision provided to EPA, through the
MDEQ, for the applicable infrastructure
SIP requirements of the 2015 8-hour
ozone NAAQS, with the exception of
the prevention of significant
deterioration (PSD) provisions related to
major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J); the air quality modeling
element of 110(a)(2)(K); 2 and the
visibility protection provisions of
section 110(a)(2)(D)(i)(II). EPA will
consider the portions of Mississippi’s
January 25, 2021, SIP revision that
addresses the PSD infrastructure
elements, the air quality modeling
element, and the visibility protection
provisions of section 110(a)(2)(D)(i)(II)
through separate rulemakings. EPA also
notes that Mississippi’s January 25,
2021, SIP submission addresses all
infrastructure elements except for those
pertaining to the contribution to
nonattainment or interference with
maintenance in other states.3
In a notice of proposed rulemaking
(NPRM), published on July 15, 2022 (87
FR 42424), EPA proposed to approve in
part and conditionally approve in part
a portion of Mississippi’s January 25,
2021, SIP revision addressing certain
infrastructure requirements for the 2015
8-hour ozone NAAQS.4 The details of
Mississippi’s submission and the
rationale for EPA’s action are explained
addition, certain federally-approved, non-SIP
regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1)
and (2).
2 As part of the January 25, 2021, SIP submission,
Mississippi requested conditional approval of the
PSD provisions related to major sources under
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), and the air quality modeling element
under 110(a)(2)(K). Under CAA section 110(k)(4),
EPA may conditionally approve a SIP revision
based on a commitment from a state to adopt
specific enforceable measures by a date certain, but
not later than one year from the date of approval.
If the state fails to meet the commitment within one
year of the final conditional approval, the
conditional approval will be treated as a
disapproval and EPA will issue a finding of
disapproval. In the July 15, 2022, NPRM, EPA
proposed to conditionally approve the PSD
provisions related to major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J), and
the air quality modeling element under 110(a)(2)(K)
in relation to Mississippi’s January 25, 2021, SIP
revision. However, EPA is not finalizing that
proposed conditional approval through this final
action and will address these provisions through a
separate rulemaking.
3 On September 6, 2019, Mississippi provided a
SIP submission addressing the interstate transport
provisions of section 110(a)(2)(D)(i)(I) pertaining to
contribution to nonattainment or interference with
maintenance in other states. EPA is addressing the
interstate transport provisions of section
110(a)(2)(D)(i)(I) through a separate rulemaking.
4 As discussed in footnote 2, EPA is not finalizing
the proposed conditional approval through this
final action.
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in the NPRM. Comments on the July 15,
2022, NPRM were due on or before
August 15, 2022. EPA did not receive
any comments on the July 15, 2022,
NPRM.
II. Final Action
With the exception of the visibility
provision of section 110(a)(2)(D)(i)(II)
and the PSD provisions related to major
sources under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), and the modeling provision
of 110(a)(2)(K), EPA is approving
Mississippi’s January 25, 2021, SIP
submission because it satisfies certain
required infrastructure elements for the
2015 8-hour ozone 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 final 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
PO 00000
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57833
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 21, 2022. 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) of the CAA.
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, Volatile
organic compounds.
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57834
Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / Rules and Regulations
Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
Subpart Z—Mississippi
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
2. In § 52.1270(e), amend the table by
adding an entry for ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2015
8-hour ozone NAAQS’’ at the end of the
table to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
§ 52.1270
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS
Name of non-regulatory
SIP provision
*
110(a)(1) and (2) Infrastructure Requirements
for the 2015 8-hour
ozone NAAQS.
Applicable
geographic
or nonattainment area
State submittal
date/effective
date
*
Mississippi ...
*
1/25/2021
[FR Doc. 2022–20424 Filed 9–21–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0342; FRL–9971–02–
R4]
Air Plan Approval; Georgia; Revision
of Enhanced Inspection and
Maintenance Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
State Implementation Plan (SIP)
revisions submitted by the State of
Georgia, through the Georgia
Department of Natural Resources (GA
DNR), Environmental Protection
Division (GA EPD), in a letter dated
April 30, 2021. The revisions remove
obsolete references and provisions,
clarify the State’s inspection and
maintenance (I/M) requirements, and
update terminology, in part to reflect
advances in test and vehicle technology.
EPA evaluated the SIP revisions and
determined the changes will not impact
emissions under the Georgia I/M
program. EPA also determined that
approval of the SIP revisions will not
interfere with attainment or
maintenance of any national ambient air
quality standard (NAAQS) or with any
other applicable requirement of the
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SUMMARY:
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17:01 Sep 21, 2022
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EPA approval date
*
9/22/2022, [Insert citation
of publication].
Explanation
*
*
*
With the exception of the visibility provision of section
110(a)(2)(D)(i)(II) (prong 4), the PSD provisions related to major sources under sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), and
the modeling provision of 110(a)(2)(K).
Clean Air Act (CAA or Act). Therefore,
EPA is approving the Georgia’s April 30,
2021, SIP revisions as consistent with
the applicable provisions of the CAA.
DATES: This rule is effective October 24,
2022.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0342. All documents in the docket
are listed on the www.regulations.gov
website. 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 and Radiation 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:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
PO 00000
Frm 00040
Fmt 4700
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Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9222. Ms. Kelly Sheckler can
also be reached via electronic mail at
sheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to the
Georgia SIP that were provided to EPA
under a cover letter dated April 30,
2021.1 Specifically, GA EPD submitted
changes to Georgia’s Rule 391–3–20—
Enhanced Inspection and Maintenance
(‘‘Georgia I/M Regulation’’), which were
adopted by the GA DNR Board of
Directors and became state-effective on
April 13, 2021. The changes update the
Georgia SIP to remove obsolete
references, requirements, and
terminology, and update terminology to
reflect advances in technology. These
proposed changes include removing and
revising definitions applicable to the
Georgia I/M Regulation.
Georgia’s April 30, 2021, SIP revisions
sought to modify the following sections
of the Georgia’s SIP-approved I/M
Regulation: Rule 391–3–20–.01—
‘‘Definitions’’; Rule 391–3–20–.04—
‘‘Emission Inspection Procedures’’; Rule
391–3–20–.05—‘‘Emission Standards’’;
Rule 391–3–20–.07—‘‘Inspection
Equipment System Specifications’’; Rule
391–3–20–.09—‘‘Inspection Station
1 EPA officially received Georgia’s I/M SIP
revision request on May 4, 2021.
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]]>Agencies
[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57832-57834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20424]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0947; FRL-9640-02-R4]
Air Plan Approval; Mississippi; Infrastructure Requirements for
the 2015 8-Hour Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) submission provided by
the State of Mississippi, through the Mississippi Department of
Environmental Quality (MDEQ), through a letter dated January 25, 2021.
This approval pertains to certain infrastructure requirements of the
Clean Air Act (CAA or Act) for the 2015 8-hour ozone national ambient
air quality standards (NAAQS or standards). Whenever EPA promulgates a
new or revised NAAQS, the CAA requires that each state adopt and submit
a SIP for the implementation, maintenance, and enforcement of that
NAAQS. EPA is approving portions of Mississippi's January 25, 2021,
submittal as the state has certified that its SIP contains provisions
that ensure the 2015 8-hour ozone NAAQS is implemented, enforced, and
maintained in Mississippi. EPA has determined that Mississippi's
infrastructure SIP submission satisfies certain required infrastructure
elements for the 2015 8-hour ozone NAAQS.
DATES: This rule is effective October 24, 2022.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2021-0947. All documents in the docket
are listed on the www.regulations.gov website. 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 and Radiation 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: Sarah LaRocca, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. The telephone number is (404) 562-8994. Ms. LaRocca can
also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions 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. This particular type of SIP is
commonly referred to as an ``infrastructure SIP'' or ``iSIP.'' States
were required to submit such SIP revisions for the 2015 8-hour ozone
NAAQS to EPA no later than October 1, 2018.\1\
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\1\ In 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 SIP. In addition, certain
federally-approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
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[[Page 57833]]
This action is approving portions of Mississippi's January 25,
2021, SIP revision provided to EPA, through the MDEQ, for the
applicable infrastructure SIP requirements of the 2015 8-hour ozone
NAAQS, with the exception of the prevention of significant
deterioration (PSD) provisions related to major sources under sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J); the air quality
modeling element of 110(a)(2)(K); \2\ and the visibility protection
provisions of section 110(a)(2)(D)(i)(II). EPA will consider the
portions of Mississippi's January 25, 2021, SIP revision that addresses
the PSD infrastructure elements, the air quality modeling element, and
the visibility protection provisions of section 110(a)(2)(D)(i)(II)
through separate rulemakings. EPA also notes that Mississippi's January
25, 2021, SIP submission addresses all infrastructure elements except
for those pertaining to the contribution to nonattainment or
interference with maintenance in other states.\3\
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\2\ As part of the January 25, 2021, SIP submission, Mississippi
requested conditional approval of the PSD provisions related to
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), and the air quality modeling element under
110(a)(2)(K). Under CAA section 110(k)(4), EPA may conditionally
approve a SIP revision based on a commitment from a state to adopt
specific enforceable measures by a date certain, but not later than
one year from the date of approval. If the state fails to meet the
commitment within one year of the final conditional approval, the
conditional approval will be treated as a disapproval and EPA will
issue a finding of disapproval. In the July 15, 2022, NPRM, EPA
proposed to conditionally approve the PSD provisions related to
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and
110(a)(2)(J), and the air quality modeling element under
110(a)(2)(K) in relation to Mississippi's January 25, 2021, SIP
revision. However, EPA is not finalizing that proposed conditional
approval through this final action and will address these provisions
through a separate rulemaking.
\3\ On September 6, 2019, Mississippi provided a SIP submission
addressing the interstate transport provisions of section
110(a)(2)(D)(i)(I) pertaining to contribution to nonattainment or
interference with maintenance in other states. EPA is addressing the
interstate transport provisions of section 110(a)(2)(D)(i)(I)
through a separate rulemaking.
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In a notice of proposed rulemaking (NPRM), published on July 15,
2022 (87 FR 42424), EPA proposed to approve in part and conditionally
approve in part a portion of Mississippi's January 25, 2021, SIP
revision addressing certain infrastructure requirements for the 2015 8-
hour ozone NAAQS.\4\ The details of Mississippi's submission and the
rationale for EPA's action are explained in the NPRM. Comments on the
July 15, 2022, NPRM were due on or before August 15, 2022. EPA did not
receive any comments on the July 15, 2022, NPRM.
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\4\ As discussed in footnote 2, EPA is not finalizing the
proposed conditional approval through this final action.
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II. Final Action
With the exception of the visibility provision of section
110(a)(2)(D)(i)(II) and the PSD provisions related to major sources
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), and the modeling provision of 110(a)(2)(K), EPA is
approving Mississippi's January 25, 2021, SIP submission because it
satisfies certain required infrastructure elements for the 2015 8-hour
ozone 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 final action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 21, 2022. 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) of the CAA.
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, Volatile organic compounds.
[[Page 57834]]
Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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. In Sec. 52.1270(e), amend the table by adding an entry for
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-hour
ozone NAAQS'' at the end of the table to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(e) * * *
EPA Approved Mississippi Non-Regulatory Provisions
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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) Mississippi....... 1/25/2021 9/22/2022, [Insert With the exception of
Infrastructure Requirements citation of the visibility
for the 2015 8-hour ozone publication]. provision of section
NAAQS. 110(a)(2)(D)(i)(II)
(prong 4), the PSD
provisions related to
major sources under
sections 110(a)(2)(C),
110(a)(2)(D)(i)(II)
(prong 3), and
110(a)(2)(J), and the
modeling provision of
110(a)(2)(K).
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[FR Doc. 2022-20424 Filed 9-21-22; 8:45 am]
BILLING CODE 6560-50-P
