Air Plan Approval; Mississippi; PSD and Air Quality Modeling Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 12833-12835 [2023-04011]
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12833
Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
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 May 1, 2023. 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
Authority: 42 U.S.C. 7401 et seq.
Dated: February 22, 2023.
Daniel Blackmon,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—Kentucky
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
2. In § 52.920(c), in table 2, revise the
entry for ‘‘2.17’’ to read as follows:
■
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
EPA approval
date
Reg
Title/subject
*
2.17 ..................
*
*
Federally Enforceable District
Origin Operating Permits.
*
*
*
*
*
*
*
*
[FR Doc. 2023–04012 Filed 2–28–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0947; FRL–10473–
02–R4]
Air Plan Approval; Mississippi; PSD
and Air Quality Modeling Infrastructure
Requirements for the 2015 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
ddrumheller on DSK120RN23PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving portions of a State
Implementation Plan (SIP) submission
provided by the State of Mississippi,
through the Mississippi Department of
Environmental Quality (MDEQ), via a
SUMMARY:
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3/16/2022
*
letter dated January 25, 2021, and
supplemented through a letter dated
November 18, 2022. 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. The
January 25, 2021, SIP submission
addresses all infrastructure elements
except for those pertaining to the
contribution to nonattainment or
interference with maintenance of the
NAAQS in other states. EPA is
conditionally approving the portions of
the submittal related to the prevention
of significant deterioration (PSD)
infrastructure elements and the air
quality modeling element.
DATES: This rule is effective March 31,
2023.
ADDRESSES: EPA has established a
docket for this action under Docket
PO 00000
District
effective
date
Sfmt 4700
*
Explanation
*
*
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.
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12834
Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, 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.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with RULES
I. Background
On October 1, 2015, EPA promulgated
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
This action conditionally approves
portions of Mississippi’s January 25,
2021, SIP revision, as supplemented on
November 18, 2022,2 provided to EPA
through the MDEQ for the applicable
requirements of the 2015 8-hour ozone
NAAQS regarding 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 of section 110(a)(2)(K).3
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).
2 On November 21, 2022, Mississippi submitted a
letter, dated November 18, 2022, related to its
request for 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 of section
110(a)(2)(K). This letter is in the docket for this
proposed 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
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Mississippi’s submission included a
written commitment under CAA section
110(k)(4) to take action to meet the
requirements of the PSD and air quality
modeling elements for its 2015 ozone
iSIP by adopting a rule revision no later
than one year after EPA’s conditional
approval of these portions of
Mississippi’s ozone iSIP. Specifically,
MDEQ intends to amend 11 Mississippi
Administrative Code (MAC), Part 2,
Chapter 2, as well as 11 MAC, Part 2,
Chapter 5, to cite to the current version
of 40 CFR part 51, Appendix W,
Guideline on Air Quality Models.
Separately, EPA took final action on the
remaining elements of Mississippi’s
January 25, 2021, SIP revision with the
exception of the visibility protection
provisions of section 110(a)(2)(D)(i)(II).4
EPA will consider the portion of
Mississippi’s January 25, 2021, SIP
revision that addresses the visibility
protection provisions in a separate
rulemaking.
Through a notice of proposed
rulemaking (NPRM) published on
December 23, 2022 (87 FR 78896), EPA
proposed to conditionally approve
changes to portions of Mississippi’s
2015 8-hour Ozone NAAQS iSIP
contained in MDEQ January 25, 2021,
submittal as supplemented November
18, 2022. The details of Mississippi’s
submission, as well as the background
and EPA’s rationale for conditionally
approving the changes, are described in
more detail in the December 23, 2022,
NPRM. Comments on the December 23,
2022, NPRM were due on or before
January 23, 2023. No comments were
received.
II. Final Action
EPA is conditionally approving the
portions of the 2015 8-hour Ozone
NAAQS iSIP that address the PSD
related requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3),
and 110(a)(2)(J), and the modeling
requirements of 110(a)(2)(K). With the
exception of the visibility provisions,
EPA has already taken final action on
the remainder of Mississippi’s January
25, 2021, submittal. EPA will consider
Mississippi’s visibility provisions in the
January 25, 2021, SIP revision through
a future rulemaking.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
contribution to nonattainment or interference with
maintenance of the NAAQS in other states. EPA
will address the interstate transport provisions of
section 110(a)(2)(D)(i)(I) through a separate
rulemaking.
4 See 87 FR 57832 (September 22, 2022).
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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
conditionally 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 EPAwith the
discretionary authorityto 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
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Rules and Regulations
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 May 1, 2023. 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.
Dated: February 22, 2023.
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
1. The authority citation for part 52
continues to read as follows:
■
12835
supplemented on November 18, 2022,
regarding Mississippi’s 2015 8-hour
Ozone NAAQS infrastructure SIP that
addresses the prevention of significant
deterioration related requirements of
CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (Prong 3), and
110(a)(2)(J), and the modeling
requirements of 110(a)(2)(K). The SIP
revision included a commitment to
adopt a rule revision to meet
requirements of these sections and
submit a SIP revision containing the
revised rules. EPA conditionally
approved these portions of the January
25, 2021, SIP revision, as supplemented
November 18, 2022, in an action
published in the Federal Register on
March 1, 2023. If Mississippi fails to
meet its commitment by March 1, 2024,
the conditional approval will become a
disapproval on March 1, 2024.
2. Section 52.1276 is added to read as
follows:
3. In § 52.1270, in paragraph (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.
§ 52.1276
§ 52.1270
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
■
Conditional approval.
Mississippi submitted a SIP revision
to EPA on January 25, 2021, as
■
*
Identification of plan.
*
*
(e) * * *
*
*
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
2015 8-hour Ozone NAAQS.
[FR Doc. 2023–04011 Filed 2–28–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
ddrumheller on DSK120RN23PROD with RULES
[EPA–R04–OAR–2022–0012; FRL–9727–01–
R4]
Air Plan Approval; Florida; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
SUMMARY:
VerDate Sep<11>2014
16:10 Feb 28, 2023
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State submittal
date/effective
date
*
1/25/2021
EPA approval date
*
3/1/2023, [Insert citation of
publication].
that are incorporated by reference (IBR)
into the Florida State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by Florida and approved by
EPA. In this notice, EPA is also
notifying the public of corrections and
clarifying changes in the Code of
Federal Regulations (CFR) tables that
identify material incorporated by
reference into the Florida SIP. This
update affects the materials that are
available for public inspection at the
National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective March 1,
2023.
ADDRESSES: The SIP materials whose
incorporation by reference into 40 CFR
PO 00000
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Explanation
*
*
Addressing and conditionally
approving the PSD elements of sections
110(a)(2)(C), (D)(i)(II), and
J, and section 110(a)(2)(K)
only.
part 52 is finalized through this action
are available for inspection at the
following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303; and
www.regulations.gov. To view the
materials at the Region 4 Office, EPA
requests that you email the contact
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 Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S Environmental
Protection Agency, Region 4, 61 Forsyth
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12833-12835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04011]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0947; FRL-10473-02-R4]
Air Plan Approval; Mississippi; PSD and Air Quality Modeling
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 conditionally
approving portions of a State Implementation Plan (SIP) submission
provided by the State of Mississippi, through the Mississippi
Department of Environmental Quality (MDEQ), via a letter dated January
25, 2021, and supplemented through a letter dated November 18, 2022.
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. The January 25, 2021, SIP submission addresses all
infrastructure elements except for those pertaining to the contribution
to nonattainment or interference with maintenance of the NAAQS in other
states. EPA is conditionally approving the portions of the submittal
related to the prevention of significant deterioration (PSD)
infrastructure elements and the air quality modeling element.
DATES: This rule is effective March 31, 2023.
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.
[[Page 12834]]
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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. 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 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 addition, certain
federally approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
---------------------------------------------------------------------------
This action conditionally approves portions of Mississippi's
January 25, 2021, SIP revision, as supplemented on November 18,
2022,\2\ provided to EPA through the MDEQ for the applicable
requirements of the 2015 8-hour ozone NAAQS regarding 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 of section 110(a)(2)(K).\3\ Mississippi's submission included a
written commitment under CAA section 110(k)(4) to take action to meet
the requirements of the PSD and air quality modeling elements for its
2015 ozone iSIP by adopting a rule revision no later than one year
after EPA's conditional approval of these portions of Mississippi's
ozone iSIP. Specifically, MDEQ intends to amend 11 Mississippi
Administrative Code (MAC), Part 2, Chapter 2, as well as 11 MAC, Part
2, Chapter 5, to cite to the current version of 40 CFR part 51,
Appendix W, Guideline on Air Quality Models. Separately, EPA took final
action on the remaining elements of Mississippi's January 25, 2021, SIP
revision with the exception of the visibility protection provisions of
section 110(a)(2)(D)(i)(II).\4\ EPA will consider the portion of
Mississippi's January 25, 2021, SIP revision that addresses the
visibility protection provisions in a separate rulemaking.
---------------------------------------------------------------------------
\2\ On November 21, 2022, Mississippi submitted a letter, dated
November 18, 2022, related to its request for 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 of section 110(a)(2)(K). This letter is in
the docket for this proposed 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 of the NAAQS in other states. EPA will
address the interstate transport provisions of section
110(a)(2)(D)(i)(I) through a separate rulemaking.
\4\ See 87 FR 57832 (September 22, 2022).
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on
December 23, 2022 (87 FR 78896), EPA proposed to conditionally approve
changes to portions of Mississippi's 2015 8-hour Ozone NAAQS iSIP
contained in MDEQ January 25, 2021, submittal as supplemented November
18, 2022. The details of Mississippi's submission, as well as the
background and EPA's rationale for conditionally approving the changes,
are described in more detail in the December 23, 2022, NPRM. Comments
on the December 23, 2022, NPRM were due on or before January 23, 2023.
No comments were received.
II. Final Action
EPA is conditionally approving the portions of the 2015 8-hour
Ozone NAAQS iSIP that address the PSD related requirements of CAA
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J),
and the modeling requirements of 110(a)(2)(K). With the exception of
the visibility provisions, EPA has already taken final action on the
remainder of Mississippi's January 25, 2021, submittal. EPA will
consider Mississippi's visibility provisions in the January 25, 2021,
SIP revision through a future rulemaking.
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
conditionally 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 EPAwith the discretionary authorityto
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
[[Page 12835]]
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 May 1, 2023. 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.
Dated: February 22, 2023.
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. Section 52.1276 is added to read as follows:
Sec. 52.1276 Conditional approval.
Mississippi submitted a SIP revision to EPA on January 25, 2021, as
supplemented on November 18, 2022, regarding Mississippi's 2015 8-hour
Ozone NAAQS infrastructure SIP that addresses the prevention of
significant deterioration related requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J), and the
modeling requirements of 110(a)(2)(K). The SIP revision included a
commitment to adopt a rule revision to meet requirements of these
sections and submit a SIP revision containing the revised rules. EPA
conditionally approved these portions of the January 25, 2021, SIP
revision, as supplemented November 18, 2022, in an action published in
the Federal Register on March 1, 2023. If Mississippi fails to meet its
commitment by March 1, 2024, the conditional approval will become a
disapproval on March 1, 2024.
0
3. In Sec. 52.1270, in paragraph (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
----------------------------------------------------------------------------------------------------------------
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........ 1/25/2021 3/1/2023, [Insert Addressing and
Requirements for the 2015 8-hour citation of conditionally
Ozone NAAQS. publication]. approving the PSD
elements of
sections
110(a)(2)(C),
(D)(i)(II), and J,
and section
110(a)(2)(K) only.
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[FR Doc. 2023-04011 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P
