[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57730-57732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24324]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0163; FRL-9934-73-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi: 
Miscellaneous Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) revision submitted by the 
Mississippi Department of Environmental Quality (MDEQ), to EPA on July 
25, 2010. The SIP revision includes multiple changes to Mississippi's 
SIP to add definitions in accordance with federal regulations and to 
implement clarifying language.

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0163. 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, 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. 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: Sean Lakeman, 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. Mr. Lakeman can be reached by phone at (404) 562-9043 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2010, MDEQ submitted a SIP revision to EPA for approval 
into the Mississippi SIP.\1\ This SIP revision includes multiple 
changes to Mississippi's air pollution control regulation APC-S-1, 
entitled ``Air

[[Page 57731]]

Emission Regulations for the Prevention, Abatement, and Control of Air 
Contaminants,'' to add and amend definitions in accordance with federal 
regulations and to implement clarifying language. Specifically, these 
changes include amendments to Section 2--``Definitions'' and Section 
3--``Specific Criteria for Sources of Particulate Matter.''
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    \1\ On May 5, 2015, Mississippi withdrew the portion of this SIP 
revision that modified APC-S-1, Section 14 related to Mississippi's 
Clean Air Interstate Rule provisions. A copy of the letter 
withdrawing this portion of Mississippi's submission is in the 
docket for today's rulemaking. Regarding the changes to APC-S-1, 
Section 8 related to hazardous air pollutants, EPA is not acting on 
the revisions related to the vacated Clean Air Mercury Rule in 
Paragraph 4. As noted in the SIP revision narrative, the change to 
Section 8, Paragraph 1 regarding the National Emission Standards for 
Hazardous Air Pollutants and the change to Section 6, Paragraph 1 
regarding the New Source Performance Standards are included in the 
same state rulemaking package as the changes identified above but 
are not part of the SIP revision.
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    In a notice of proposed rulemaking (NPR) published on July 20, 
2015, EPA proposed to approve the portions of Mississippi's June 25, 
2010, SIP revision that modify Sections 2 and 3 of APC-S-1. See 80 FR 
42774. The details of Mississippi's submittal and the rationale for 
EPA's actions are explained in the NPR. Comments on the proposed 
rulemaking were due on or before August 19, 2015. No adverse comments 
were received.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference of certain changes 
to Mississippi's air pollution control regulation APC-S-1, entitled 
``Air Emission Regulations for the Prevention, Abatement, and Control 
of Air Contaminants.'' Specifically, these changes include the 
amendments to Section 2--``Definitions'' and Section 3--``Specific 
Criteria for Sources of Particulate Matter'' which were State effective 
on February 9, 2009. EPA has made, and will continue to make, these 
documents generally available electronically through 
www.regulations.gov and/or in hard copy at the EPA Region 4 office (see 
the ADDRESSES section of this preamble for more information).

III. Final Action

    EPA is approving the portions of Mississippi's July 25, 2010, SIP 
submission revising Sections 2 and 3 of Rule APC-S-1 to add and amend 
definitions in accordance with federal regulations and to implement 
clarifying language. EPA has preliminarily determined that these 
changes to the Mississippi SIP are in accordance with the Clean Air Act 
(CAA or Act) and EPA policy and regulations.

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. 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. 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);
 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 24, 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, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: September 16, 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(c), is amended under APC-S-1 Air Emission 
Regulations for the Prevention, Abatement, and Control of Air 
Contaminants by revising the entries for ``Section 2'' and ``Section 
3'' to read as follows:


Sec.  52.1270  Identification of plan.

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    (c) * * *

[[Page 57732]]



                                      EPA-Approved Mississippi Regulations
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                                                               State
         State citation               Title/Subject       effective date  EPA Approval date      Explanation
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         APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
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Section 2......................  Definitions............        2/9/2009  9/25/2015 [Insert  ...................
                                                                           citation of
                                                                           publication].
Section 3......................  Specific Criteria for          2/9/2009  9/25/2015 [Insert  ...................
                                  Sources of Particulate                   citation of
                                  Matter.                                  publication].
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[FR Doc. 2015-24324 Filed 9-24-15; 8:45 am]
 BILLING CODE 6560-50-P