[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33139-33140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0798; FRL-9946-77-Region 4]


Air Plan Disapprovals; MS; Prong 4-2008 Ozone, 2010 NO2, SO2, and 
2012 PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to disapprove the visibility transport (prong 4) portions of 
revisions to the Mississippi State Implementation Plan (SIP), submitted 
by the Mississippi Department of Environmental Quality (MDEQ), 
addressing the Clean Air Act (CAA or Act) infrastructure SIP 
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide 
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 
annual Fine Particulate Matter (PM2.5) 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, commonly referred to as an 
``infrastructure SIP.'' Specifically, EPA is disapproving the prong 4 
portions of Mississippi's May 29, 2012; July 26, 2012; February 28, 
2013; June 20, 2013; and December 8, 2015, infrastructure SIP 
submissions. All other applicable infrastructure requirements for these 
SIP submissions have been or will be addressed in separate rulemakings.

DATES: This rule will be effective June 24, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0798. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be 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 of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA are to be submitted by states within three years after 
promulgation of a new or revised NAAQS to provide for the 
implementation, maintenance, and enforcement of the new or revised 
NAAQS. EPA has historically referred to these SIP submissions made for 
the purpose of satisfying the requirements of sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and 
(2) require states to address basic SIP elements such as the 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
newly established or revised NAAQS. More specifically, section 
110(a)(1) provides the procedural and timing requirements for 
infrastructure SIPs. Section 110(a)(2) lists specific elements that 
states must meet for the infrastructure SIP requirements related to a 
newly established or revised NAAQS. The contents of an infrastructure 
SIP submission may vary depending upon the data and analytical tools 
available to the state, as well as the provisions already contained in 
the state's implementation plan at the time in which the state develops 
and submits the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit 
any source or other type of emissions activity in one state from 
contributing significantly to nonattainment of the NAAQS in another 
state (prong 1) and from interfering with maintenance of the NAAQS in 
another state (prong 2). The third and fourth prongs, which are 
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures to protect visibility in 
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions insuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement.
    In a notice of proposed rulemaking (NPRM) published on March 22, 
2016 (81 FR 15205), EPA proposed to disapprove the prong 4 portions of 
Mississippi's infrastructure SIP submissions for the 2008 8-hour Ozone, 
2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual 
PM2.5 NAAQS. The details of Mississippi's submissions and 
the rationale for EPA's actions are explained in the NPRM. Comments on 
the proposed rulemaking were due on or before April 21, 2016. EPA 
received no comments on the NPRM.

II. Final Action

    EPA is taking final action to disapprove the prong 4 portions of 
Mississippi's May 29, 2012, 2008 8-hour Ozone infrastructure SIP 
submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP 
resubmission; February 28, 2013, 2010 1-hour NO2 
infrastructure SIP submission; June 20, 2013, 2010 1-hour 
SO2 infrastructure SIP submission; and December 8, 2015, 
2012 annual PM2.5 infrastructure SIP submission. All other 
outstanding applicable infrastructure requirements for these SIP 
submissions have been or will be addressed in separate rulemakings.

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. 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. This action 
disapproves the prong 4 portions of the aforementioned SIP submissions 
as not meeting Federal

[[Page 33140]]

requirements. Therefore, this action 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 July 25, 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, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: May 12, 2016.
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 52.1279 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.1279  Visibility protection.

* * * * *
    (b) Disapproval. EPA has disapproved the portions of Mississippi's 
May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26, 
2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28, 
2013, 2010, 1-hour NO2 infrastructure SIP submission; June 
20, 2013, 2010 1-hour SO2 infrastructure SIP submission; and 
December 8, 2015, 2012, Annual PM2.5 infrastructure SIP 
submission that address the visibility protection (prong 4) 
requirements of Clean Air Act section 110(a)(2)(D)(i)(II). EPA 
disapproved the prong 4 portions of these SIP submissions because 
Mississippi does not have a fully approved regional haze SIP that meets 
the requirements of 40 CFR 51.308 and because these SIP submissions do 
not otherwise demonstrate that emissions within the State do not 
interfere with other states' plans to protect visibility.

[FR Doc. 2016-12114 Filed 5-24-16; 8:45 am]
 BILLING CODE 6560-50-P