[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16566-16568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06765]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0270; FRL-9924-99-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi 
Infrastructure Requirements for the 2008 Lead 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 November 17, 2011, 
State Implementation Plan (SIP) submission, provided by the Mississippi 
Department of Environmental Quality (MDEQ) for inclusion into the 
Mississippi SIP. This final action pertains to the Clean Air Act (CAA 
or the Act) infrastructure requirements for the 2008 Lead 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 Lead NAAQS is 
implemented, enforced, and maintained in Mississippi. With the 
exception of provisions pertaining to prevention of significant 
deterioration (PSD) permitting, for which EPA is not acting upon, and 
disapproving certain state boards requirements, EPA is taking final 
action to approve Mississippi's infrastructure SIP submission, provided 
to EPA on November 17, 2011, because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS.

DATES: This rule will be effective April 29, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0270. 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: Zuri Farngalo, 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) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 16567]]

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 Lead NAAQS, states typically have met the basic program 
elements required in section 110(a)(2) through earlier SIP submissions 
in connection with previous lead 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 applicable infrastructure 
SIP requirements that are the subject of this rulemaking are listed 
below.\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).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement, prevention of 
significant deterioration (PSD) and new source review (NSR).\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): Interstate and international transport 
provisions.
     110(a)(2)(E): Adequate personnel, funding, and authority.
     110(a)(2)(F): Stationary source monitoring and reporting.
     110(a)(2)(G): Emergency episodes.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(J): Consultation with government officials, 
public notification, and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.
    On November 18, 2014, EPA proposed to approve Mississippi's 
November 17, 2011, 2008 Lead NAAQS infrastructure SIP submission with 
the exception of provisions pertaining to PSD permitting in sections 
110(a)(2)(C), prong 3 of D(i) and (J) and the majority requirements 
respecting significant portion of income for state boards of section 
110(a)(2)(E)(ii). EPA proposed disapproval of the majority requirements 
respecting significant portion of income for state boards of section 
110(a)(2)(E)(ii). EPA will address the PSD permitting requirements in 
sections 110(a)(2)(C), prong 3 of D(i) and (J) in a separate action. 
See 79 FR 68648.

II. Today's Action

    In this rulemaking, EPA is taking final action to approve 
Mississippi's infrastructure submission as demonstrating that the State 
meets the applicable requirements of sections 110(a)(1) and (2) of the 
CAA for the 2008 Lead NAAQS, with the exception of PSD permitting 
provisions in sections 110(a)(2)(C), prong 3 of D(i) and (J). EPA will 
be taking action on these elements in a separate action. Additionally, 
EPA is disapproving Mississippi's infrastructure submission with regard 
to the majority requirements respecting significant portion of income 
for state boards in section 110(a)(2)(E)(ii).

III. Final Action

    With the exception of provisions pertaining to PSD permitting 
requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J) and the 
majority requirements respecting significant portion of income for 
state boards of section 110(a)(2)(E)(ii), EPA is taking final action to 
approve Mississippi's November 17, 2011, infrastructure submission 
because it addresses the required infrastructure elements for the 2008 
Lead NAAQS. EPA is disapproving in part section 110(a)(2)(E)(ii) 
because a majority of board members 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, therefore, its current SIP does not meet the 
section 128(a)(1) majority requirements respecting significant portion 
of income. With the exceptions noted above MDEQ 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 Lead NAAQS is 
implemented, enforced, and maintained in Mississippi.

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 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);

[[Page 16568]]

     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 Clean Air Act; 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, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 29, 2015. 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 Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 11, 2015.
Heather McTeer Toney,
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 Lead 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
    Name of nonregulatory SIP      geographic or   State submittal
            provision              nonattainment    date/effective   EPA approval date         Explanation
                                        area             date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure       11/4/2011          3/30/15   [Insert citation of  With the exception of
 Requirements for the 2008 Lead                                      publication].        provisions pertaining
 National Ambient Air Quality                                                             to PSD permitting
 Standards 110(a)(2)(E)(ii)                                                               requirements in
 Infrastructure Requirement for                                                           sections 110(a)(2)(C),
 2008 Lead National Ambient Air                                                           prong 3 of D(i) and
 Quality Standards.                                                                       (J) and the majority
                                                                                          of requirements
                                                                                          respecting significant
                                                                                          portion of income of
                                                                                          section
                                                                                          110(a)(2)(E)(ii)
                                                                                          (related to section
                                                                                          128(a)(2)).
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0
3. Section 52.1272 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1272  Approval status.

* * * * *
    (c) Disapproval. With respect to the significant portion of income 
requirement of section 128(a)(1), the provisions included in the 
October 11, 2012, infrastructure SIP submission did not preclude at 
least a majority of the members of the Mississippi Board from receiving 
a significant portion of their income from persons subject to permits 
or enforcement orders issued by the Mississippi Boards. 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, the Mississippi SIP does not meet the section 
128(a)(1) majority requirements respecting significant portion of 
income, and as such, EPA is today proposing to disapprove the State's 
110(a)(2)(E)(ii) submission as it relates only to this portion of 
section 128(a)(1).

[FR Doc. 2015-06765 Filed 3-27-15; 8:45 am]
 BILLING CODE 6560-50-P