[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11131-11133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04140]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0698; FRL-9923-55-Region-4]


Approval and Promulgation of Implementation Plans; Mississippi; 
Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient 
Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve in part and disapprove in part, the May 29, 2012, and 
July 26, 2012, State Implementation Plan (SIP) submissions, provided by 
the Mississippi Department of Environmental Quality (MDEQ) for 
inclusion into the Mississippi SIP. This final rulemaking pertains to 
the Clean Air Act (CAA or the Act) infrastructure requirements for the 
2008 8-hour ozone national ambient air quality standards (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. 
MDEQ certified that the Mississippi SIP contains provisions that ensure 
the 2008 8-hour ozone NAAQS is implemented, enforced, and maintained in 
Mississippi (hereafter referred to as an ``infrastructure SIP 
submission''). With the exception of provisions pertaining to 
prevention of significant deterioration (PSD) permitting, interstate 
transport, visibility protection requirements and the state board 
majority requirements respecting significant portion of income, EPA is 
taking final action to approve Mississippi's infrastructure SIP 
submissions, provided to EPA on May 29, 2012, and July 26, 2012. EPA is 
taking final action to disapprove Mississippi's May 29, 2012, and July 
26, 2012, SIP submissions with regards to the state board majority 
requirements respecting significant portion of income. EPA will 
consider action with regards to the infrastructure elements related to 
PSD permitting, visibility and interstate transport in a separate 
action.

DATES: This rule will be effective April 1, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0698. 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 Air Regulatory Management Section (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
the 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 a.m. to 4:30 
p.m. excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9140. Ms. Ward can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    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. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order 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. These SIP submissions are commonly 
referred to as ``infrastructure'' SIP submissions. Section 110(a) 
imposes the obligation upon states to make an infrastructure SIP 
submission to EPA for a new or revised NAAQS, but the contents of that 
submission may vary depending upon the facts and circumstances. In 
particular, the data and analytical tools available at the time the 
state develops and submits the infrastructure SIP for a new or revised 
NAAQS affect the content of the submission. The contents of such 
infrastructure SIP submissions may also vary depending upon what 
provisions the state's existing SIP already contains. In the case of 
the 2008 8-hour ozone NAAQS, states typically have met the basic 
program elements required in section 110(a)(2) through earlier SIP 
submissions in connection with previous ozone 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 mentioned above, these 
requirements include basic structural SIP elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS. The requirements of section 
110(a)(2) are summarized below and in EPA's September 13, 2013, 
memorandum entitled ``Guidance on Infrastructure State Implementation 
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 
110(a)(2).'' \1\
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    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to other provisions of the CAA 
for submission of SIP revisions specifically applicable for 
attainment planning purposes. These requirements are: (1) 
Submissions required by section 110(a)(2)(C) to the extent that 
subsection refers to a permit program as required in part D Title I 
of the CAA; and (2) submissions required by section 110(a)(2)(I) 
which pertain to the nonattainment planning requirements of part D, 
Title I of the CAA. Today's proposed rulemaking does not address 
infrastructure elements related to section 110(a)(2)(I) or the 
nonattainment planning requirements of 110(a)(2)(C).

 110(a)(2)(A): Emission Limits and Other Control Measures
 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
 110(a)(2)(C): Programs for Enforcement of Control Measures and

[[Page 11132]]

for Construction or Modification of Stationary Sources \2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
 110(a)(2)(D)(ii): Interstate Pollution Abatement and 
International Air Pollution
 110(a)(2)(E): Adequate Resources and Authority, Conflict of 
Interest, and Oversight of Local Governments and Regional Agencies
 110(a)(2)(F): Stationary Source Monitoring and Reporting
 110(a)(2)(G): Emergency Powers
 110(a)(2)(H): SIP revisions
 110(a)(2)(I): Plan Revisions for Nonattainment Areas \3\
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    \3\ As mentioned above, this element is not relevant to today's 
rulemaking.
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 110(a)(2)(J): Consultation with Government Officials, Public 
Notification, and Prevention of Significant Deterioration (PSD) and 
Visibility Protection
 110(a)(2)(K): Air Quality Modeling and Submission of Modeling 
Data
 110(a)(2)(L): Permitting fees
 110(a)(2)(M): Consultation and Participation by Affected Local 
Entities

    On November 24, 2014, EPA proposed to approve in part and 
disapprove in part, the May 29, 2012, and July 26, 2012, 2008 8-hour 
ozone NAAQS infrastructure SIP submissions with the exception of the 
PSD permitting requirements for major sources of sections 110(a)(2)(C) 
and (J), the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility 
requirements of section 110(a)(2)(J), which EPA will address in a 
separate action. EPA also proposed to disapprove a portion of 
Mississippi's infrastructure submission for section 110(a)(2)(E)(ii) 
pertaining to state board majority requirements respecting significant 
portion of income. See 79 FR 69787. EPA did not receive any comments, 
adverse or otherwise, on the Agency's November 24, 2014, proposed 
action. In this rulemaking, EPA is taking final action to approve in 
part and disapprove in part Mississippi's May 29, 2012, and July 26, 
2012, infrastructure submissions as demonstrating that the State meets 
the applicable requirements of sections 110(a)(1) and (2) of the CAA 
for the 2008 8-hour ozone NAAQS, as proposed in the Agency's November 
24, 2014, rulemaking. EPA will act on portions of Mississippi's 
submissions not addressed in today's rulemaking in a separate action.

II. Final Action

    With the exceptions described below, EPA is taking final action to 
approve that MDEQ's infrastructure SIP submissions, submitted May 29, 
2012, and July 26, 2012, for the 2008 8-hour ozone NAAQS have met the 
above described infrastructure SIP requirements. EPA is disapproving in 
part section 110(a)(2)(E)(ii) of Mississippi's infrastructure 
submissions because the majority of members of boards that approve 
permits or enforcement orders in Mississippi may still derive a 
significant portion of income from persons subject to permits or 
enforcement orders issued by such Mississippi boards, and therefore, 
its current SIP does not meet the section 128(a)(1) majority 
requirements respecting significant portion of income. This final 
approval in part and disapproval in part, however, does not include the 
PSD permitting requirements for major sources of section 110(a)(2)(C) 
and (J), the interstate transport requirements of section 
110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), and the visibility 
requirements of section 110(a)(2)(J), which will be addressed by EPA in 
a separate action. With the exceptions noted above Mississippi has 
addressed the elements of the CAA 110(a)(1) and (2) SIP requirements 
pursuant to section 110 of the CAA to ensure that the 2008 8-hour ozone 
NAAQS is implemented, enforced, and maintained in Mississippi.

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. 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).
    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 May 1, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the

[[Page 11133]]

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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 11, 2015.
V. Anne Heard,
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(e) is amended by adding a new entry ``110(a)(1) and 
(2) Infrastructure Requirements for the 2008 8-Hour Ozone 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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                                                             State
  Name of non-regulatory SIP     Applicable geographic  submittal date/ EPA approval date       Explanation
           provision             or nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and (2)               Mississippi...........       7/26/2012  3/2/2015 [Insert   With the exception of
 Infrastructure Requirements                                             citation of        sections:
 for the 2008 8-Hour Ozone                                               publication].     110(a)(2)(C) and (J)
 National Ambient Air Quality                                                               concerning PSD
 Standards.                                                                                 permitting
                                                                                            requirements;
                                                                                           110(a)(2)(D)(i)(I)
                                                                                            and (II) (prongs 1
                                                                                            through 4)
                                                                                            concerning
                                                                                            interstate transport
                                                                                            requirements;
                                                                                           110(a)(2)(E)(ii)
                                                                                            concerning state
                                                                                            board majority
                                                                                            requirements
                                                                                            respecting
                                                                                            significant portion
                                                                                            of income; and
                                                                                           110(a)(2)(J)
                                                                                            concerning
                                                                                            visibility
                                                                                            requirements.
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0
3. Section 52.1272 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.1272  Approval status.

* * * * *
    (b) Disapproval. Submittal from the State of Mississippi, through 
the Mississippi Department of Environmental Quality (MDEQ) on May 29, 
2012, and July 26, 2012, to address the Clean Air Act (CAA) section 
110(a)(2)(E)(ii) for the 2008 8-hour Ozone National Ambient Air Quality 
Standards concerning state board majority requirements respecting 
significant portion of income. EPA is disapproving MDEQ's submittal 
with respect to section 128(a)(1) because a majority of board members 
may still derive a significant portion of income from persons subject 
to permits or enforcement orders issued by the Mississippi Boards, 
therefore, its current SIP does not meet the section 128(a)(1) majority 
requirements respecting significant portion of income for the 2008 8-
hour Ozone National Ambient Air Quality Standards.

[FR Doc. 2015-04140 Filed 2-27-15; 8:45 am]
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