[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Rules and Regulations]
[Pages 61279-61281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0238; FRL-9738-6]


Approval and Promulgation of Implementation Plans; Mississippi; 
110(a)(2)(G) Infrastructure Requirement for the 1997 and 2006 Fine 
Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the State Implementation 
Plan (SIP) revision, submitted by the Mississippi Department of 
Environmental Quality, on July 26, 2012. This SIP revision was 
submitted to address Clean Air Act (CAA or Act) section 110(a)(2)(G). 
Specifically, EPA is approving Mississippi's July 26, 2012, submission 
addressing section 110(a)(2)(G), of the CAA for both the 1997 and 2006 
fine particulate matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS). Section 110(a) of the CAA requires that each state 
adopt and submit a SIP for the implementation, maintenance, and 
enforcement of each NAAQS promulgated by the EPA, which is commonly 
referred to as an ``infrastructure'' SIP. The subject of this notice is 
limited to infrastructure element 110(a)(2)(G). All other applicable 
Mississippi infrastructure elements are being addressed in a separate 
rulemakings.

DATES: Effective Date: This rule will be effective on November 8, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0238. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 Regulatory Development Section, Air Planning 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 to 4:30 excluding Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9043. Mr. Lakeman can be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. On July 18, 1997 (62 FR 
38652), EPA promulgated a new annual PM2.5 NAAQS and on 
October 17, 2006 (71 FR 61144), EPA promulgated a new 24-hour NAAQS. On 
July 31, 2012, EPA proposed to approve Mississippi's submission 
addressing section 110(a)(2)(G). A summary of the background for 
today's final action is provided below. See EPA's July 31, 2012, 
proposed rulemaking at 77 FR 45320 for more detail.
    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. The data and 
analytical tools available at the time the state develops and submits 
the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 1997 annual and 2006 24-hour 
PM2.5 NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through

[[Page 61280]]

earlier SIP submissions in connection with previous PM NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As already mentioned, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. However, EPA is only 
addressing element 110(a)(2)(G) in this action.

II. This Action

    EPA is taking final action to approve Mississippi's infrastructure 
submission as demonstrating that the State meets the applicable 
requirements of section 110(a)(2)(G) of the CAA for the 1997 annual and 
2006 24-hour PM2.5 NAAQS. Section 110(a) of the CAA requires 
that each state adopt and submit a SIP for the implementation, 
maintenance, and enforcement of each NAAQS promulgated by the EPA, 
which is commonly referred to as an ``infrastructure'' SIP. In a draft 
SIP revision provided to EPA on July 13, 2012, for parallel processing, 
Mississippi provided public notification of its certification that the 
Mississippi SIP contains provisions that ensure the 1997 annual and 
2006 24-hour PM2.5 NAAQS, as it relates to section 
110(a)(2)(G), is implemented, enforced, and maintained in Mississippi.
    On July 31, 2012, EPA proposed to approve Mississippi's July 13, 
2012, draft SIP revision addressing section 110(a)(2)(G). EPA's July 
31, 2012 (77 FR 45320), proposed approval was contingent upon 
Mississippi providing EPA with a final SIP revision that was not 
changed significantly from the July 13, 2012, draft SIP revision. 
Mississippi provided its final SIP revision on July 26, 2012. There 
were no significant changes made to the final submittal. All other 
applicable Mississippi infrastructure elements are being addressed in a 
separate rulemakings.
    EPA received one off-topic comment on its July 31, 2012, proposed 
rulemaking to approve Mississippi's July 13, 2012, draft SIP revision 
as meeting the section 110(a)(2)(G) requirements of the CAA for the 
1997 annual and 2006 24-hour PM2.5 NAAQS. The Commenter 
stated that EPA's PM2.5 standard forces expensive mandates 
on states and industry and the designation process places a strain on 
local resources and discourages economic growth and EPA should withdraw 
the PM2.5 standard. Also, the Commenter stated that EPA 
should consider public interest prior to entering into consent decrees.
    This comment does not appear to be related to the issues presented 
in the proposed rulemaking, and instead, appears related to a wholly 
separate topic--promulgation of the PM NAAQS. Promulgations of NAAQS 
involve public comment opportunities, and that would be the time to 
raise concerns specific to a particular NAAQS. Additionally, with 
regard to Commenter's general statement about consent decrees, although 
it is not clear to which specific consent decree Commenter is 
referring, the CAA does provide for opportunities for public input 
regarding certain consent decrees.
    EPA does not interpret these comments as relevant to the topic of 
EPA's July 31, 2012, proposed action, which proposed approval of 
Mississippi's draft SIP revision pertaining to section 110(a)(2)(G) 
infrastructure requirements for the existing 1997 annual and 2006 24-
hour PM2.5 NAAQS. Instead, EPA interprets these comments as 
being off-topic and outside of the scope of today's final rulemaking.
    Mississippi's infrastructure submission regarding section 
110(a)(2)(G), provided to EPA on July 26, 2012, in final form, 
addressed the 110(a)(2)(G) requirements for the 1997 annual and 2006 
24-hour PM2.5 NAAQS. EPA has determined that Mississippi's 
July 26, 2012, submission is consistent with section 110 of the CAA.

III. Final Action

    As already described, Mississippi has addressed section 
110(a)(2)(G) requirements pursuant to EPA's October 2, 2007, guidance 
to ensure that 1997 annual and 2006 24-hour PM2.5 NAAQS are 
implemented, enforced, and maintained in Mississippi. EPA is taking 
final action to approve Mississippi's July 26, 2012, submission for 
1997 annual and 2006 24-hour PM2.5 NAAQS because the 
submission is consistent with section 110 of the CAA. Today's action is 
not approving any specific rule, but rather making a determination that 
Mississippi's already approved SIP meets certain CAA requirements.

IV. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country, and EPA notes that it 
will not 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

[[Page 61281]]

of the United States. EPA will submit a report containing this action 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 10, 2012. 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, Nitrogen dioxide, Particulate 
Matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: September 25, 2012.
A. Stanley Meiburg,
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:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Z--Mississippi

0
2. Section 52.1270 paragraph (e), is amended by adding a new entry for 
``110(a)(2)(G) Infrastructure Requirement for the 1997 and 2006 Fine 
Particulate Matter National Ambient Air Quality Standards'' 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 nonregulatory SIP         geographic or     submittal date/  EPA approval date       Explanation
            provision               nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(2)(G) Infrastructure        Mississippi........       7/26/2012  10/9/2012 [Insert    ...................
 Requirement for the 1997 and                                            citation of
 2006 Fine Particulate Matter                                            publication].
 National Ambient Air Quality
 Standards.
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[FR Doc. 2012-24628 Filed 10-5-12; 8:45 am]
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