[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Rules and Regulations]
[Pages 1320-1322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00086]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0247; FRL-9940-87-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi; 
Memphis, TN-MS-AR Emissions Statements for the 2008 8-Hour Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the state implementation plan (SIP) revision 
submitted by the State of Mississippi, through the Mississippi 
Department of Environmental Quality (MDEQ) on August 28, 2015, to 
address the emissions statement requirements for the State's portion of 
the Memphis, Tennessee-Mississippi-Arkansas (Memphis, TN-MS-AR) 2008 8-
hour ozone national ambient air quality standards (NAAQS) nonattainment 
area (hereafter referred to as the ``Memphis, TN-MS-AR Area'' or 
``Area''). Annual emissions reporting (i.e., emission statements) is 
required for all ozone nonattainment areas. The Area is comprised of 
Shelby County in Tennessee, Crittenden County in Arkansas, and a 
portion of DeSoto County in Mississippi. In this action, EPA is taking 
final action to approve the emissions statement requirements for DeSoto 
County in Mississippi portion of the Area.

DATES: This final rule is effective February 11, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0247. 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: Tiereny Bell, 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. Ms. Bell can be reached at (404) 562-9088 and via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On August 28, 2015, MDEQ submitted a SIP revision to EPA that seeks 
to add 11 Mississippi Administrative Code (MAC), Part 2, Chapter 11, 
``Regulations for Ambient Air Quality Non-Attainment Areas,'' \1\ into 
the Mississippi SIP to meet the emissions statements requirement of CAA 
section 182(a)(3)(B).\2\ This chapter of the MAC contains Rule 11.1--
General, which states the purpose of the regulation; Rule 11.2--
Definitions, which defines Commission, Department, NAAQS, Nonattainment 
Area, and Emissions Statement; and Rule--11.3 Emissions Statement, 
which: (1) Applies to all stationary sources of NOX 
[nitrogen oxides] or VOCs [volatile organic compounds] which have the 
potential to emit 25 tons or more of either pollutant per calendar year 
and are located in areas designated as nonattainment for the 2008 ozone 
NAAQS; (2) requires owners and operators of those stationary sources of 
NOX and VOC to provide a statement showing the actual 
emissions of NOX and VOCs from that source; and (3) requires 
that emissions statements be submitted to MDEQ by July 1 of every year, 
showing actual emissions of the previous calendar year and containing a 
certification that the information contained in the statement is 
accurate to the best knowledge of the individual certifying the 
statement. EPA has determined that these regulations meet all of the 
requirements of the Clean Air Act (CAA or Act) section 182(a)(3)(B) for 
the Mississippi portion of the Area because they cover the portion of 
DeSoto County within the Area and satisfy the applicability, 
certification, and other emissions statements criteria contained 
therein.
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    \1\ These regulations conform to the new nomenclature for 
Mississippi's state regulations pursuant to the State's recently 
amended Administrative Procedures Act. Mississippi has not provided 
EPA with a SIP revision to renumber the state regulations currently 
incorporated into the SIP.
    \2\ Section 182(a)(3)(B) of the CAA requires each state with 
ozone nonattainment areas to submit a SIP revision requiring annual 
emissions statements to be submitted to the state by the owner or 
operator of each NOX or VOC stationary source located 
within a nonattainment area showing the actual emissions of 
NOX and VOC from that source. The first statement is due 
three years from the area's nonattainment designation, and 
subsequent statements are due at least annually thereafter.
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    In a notice of proposed rulemaking published on August 10, 2015, 
EPA proposed to approve Mississippi's June 1, 2015, draft SIP revision 
submitted for parallel processing that sought to add new Rules 11.1, 
11.2, and 11.3 from Title 11 of the Mississippi Administrative Code, 
Part 2, Chapter 11 into the SIP. See 80 FR 47883. The details of 
Mississippi's submittal and the rationale for EPA's actions are 
explained in the Proposed Rule. Comments on the proposed rulemaking 
were due on or before September 9, 2015. No adverse comments were 
received. On August 28, 2015, Mississippi submitted a final SIP 
revision that did not contain any substantive changes from the draft 
version submitted on June 1, 2015. EPA is now taking final action to 
approve the

[[Page 1321]]

August 28, 2015 SIP revision as meeting the requirements of section 
182(a)(3)(B) of the CAA.

II. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporate by reference of Title 11 of 
the MAC, Part 2, Chapter 11 entitled ``Regulations for Ambient Air 
Quality Nonattainment Areas,'' which adds a new Rule 11.1--General that 
states the purposes of the Chapter, a new Rule 11.2--Definitions, and a 
new Rule 11.3--Emissions Statement covering applicability, which were 
effective September 26, 2015. EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the Region 4 office (see the 
ADDRESSES section of this preamble for more information).

III. Final Action

    EPA is approving the SIP revision submitted by Mississippi on 
August 28, 2015, to incorporate 11 MAC, Part 2, Chapter 11, 
``Regulations for Ambient Air Quality Nonattainment Areas,'' into its 
SIP to meet the section 182(a)(3)(B) emissions statements requirement 
for the Mississippi portion of the Memphis, TN-MS-AR Area. EPA has 
concluded that the State's submission meets the requirements of the 
CAA.

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).
    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 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 March 14, 2016. 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, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 21, 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 by adding undesignated heading ``11-
MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas'' 
and entries ``Rule 11.1'', ``Rule 11.2'', and ``Rule 11.3'' at the end 
of the table to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

[[Page 1322]]



                                      EPA-Approved Mississippi Regulations
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                                                               State
         State citation               Title/subject       effective date  EPA approval date      Explanation
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                                                  * * * * * * *
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                    11-MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
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Rule 11.1......................  General................       9/26/2015  1/12/2016 [Insert  ...................
                                                                           citation of
                                                                           publication].
Rule 11.2......................  Definitions............       9/26/2015  1/12/2016 Insert   ...................
                                                                           citation of
                                                                           publication].
Rule 11.3......................  Emissions Statement....       9/26/2015  1/12/2016 [Insert  ...................
                                                                           citation of
                                                                           publication].
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[FR Doc. 2016-00086 Filed 1-11-16; 8:45 am]
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