[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Rules and Regulations]
[Pages 89391-89393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29593]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0424; FRL-9956-35-Region 4]


Air Plan Approval/Disapproval; MS; Infrastructure Requirements 
for the 2012 PM2.5 National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

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 State 
Implementation Plan (SIP) submission, submitted by the State of 
Mississippi, through the Mississippi Department of Environmental 
Quality (MDEQ), on December 11, 2015, to demonstrate that the State 
meets the infrastructure requirements of the Clean Air Act (CAA or Act) 
for the 2012 annual fine particulate matter (PM2.5) national 
ambient air quality standard (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 submission.'' MDEQ certified 
that the Mississippi SIP contains provisions that ensure the 2012 
Annual PM2.5 NAAQS is implemented, enforced, and maintained 
in Mississippi. With the exception of the PSD permitting requirements 
and the interstate transport provisions, for which EPA is not acting 
upon, and the state board majority requirements respecting significant 
portion of income, for which EPA is finalizing disapproval, EPA is 
finalizing that portions of Mississippi's infrastructure submission, 
submitted to EPA on December 11, 2015, as satisfying certain required 
infrastructure elements for the 2012 Annual PM2.5 NAAQS.

DATES: This rule will be effective January 11, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0424. 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

[[Page 89392]]

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 via electronic mail at 
[email protected] or via telephone at (404) 562-9088.

SUPPLEMENTARY INFORMATION: 

I. Background and Overview

    On December 14, 2012, EPA promulgated a revised primary annual 
PM2.5 NAAQS. The standard was strengthened from 15.0 
micrograms per cubic meter ([mu]g/m \3\) to 12.0 [mu]g/m \3\. See 78 FR 
3086 (January 15, 2013). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIPs meeting the applicable requirements 
of section 110(a)(2) within three years after promulgation of a new or 
revised NAAQS or within such shorter period as EPA may prescribe. 
Section 110(a)(2) requires states to address basic SIP elements such as 
requirements for monitoring, basic program requirements and legal 
authority that are designed to assure attainment and maintenance of the 
NAAQS. States were required to submit such SIPs for the 2012 Annual 
PM2.5 NAAQS to EPA no later than December 14, 2015.
    In a proposed rulemaking published on June 8, 2016 (81 FR 36848), 
EPA proposed to approve in part and disapprove in part Mississippi's 
December 11, 2015, SIP submission for the 2012 Annual PM2.5 
NAAQS. In the June 8, 2016 proposed rulemaking, EPA proposed to 
disapprove the state board majority requirements respecting significant 
portion of income of 110(a)(2)(E)(ii). Also in the June 8, 2016 
proposal, EPA did not propose any action regarding the preconstruction 
PSD permitting requirements for major sources of sections 110(a)(2)(C), 
prong 3 of (D)(i), and (J), and the interstate transport requirements 
of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4). On March 
18, 2015 (80 FR 14019), EPA approved Mississippi's December 11, 2015, 
infrastructure SIP submission regarding the PSD permitting requirements 
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J) 
for the 2012 Annual PM2.5 NAAQS. Therefore, EPA is not 
taking any action today pertaining to sections 110(a)(2)(C), prong 3 of 
D(i), and (J). Additionally, on May 25, 2016, EPA finalized a rule 
related to prong 4 of 110(a)(2)(D)(i)(II) of Mississippi's December 11, 
2015, SIP submission for the 2012 Annual PM2.5 NAAQS and 
will therefore not be acting upon this element today. See 81 FR 33139. 
With respect to the interstate transport requirements of section 
110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these 
requirements in relation to Mississippi's 2012 Annual PM2.5 
NAAQS infrastructure submission in a separate rulemaking. The details 
of Mississippi's submission and the rationale for EPA's actions for 
this final rule are explained in the June 8, 2016, proposed rulemaking. 
Comments on the proposed rulemaking were due on or before July 8, 2016. 
EPA received no adverse comments on the proposed action.

II. Final Action

    With regard to the state board majority requirements respecting 
significant portion of income, EPA is finalizing a disapproval of 
Mississippi's December 11, 2015, infrastructure submission. Under 
section 179(a) of the CAA, final disapproval of a submittal that 
addresses a requirement of a CAA Part D Plan or is required in response 
to a finding of substantial inadequacy as described in CAA section 
110(k)(5) (SIP call) starts a sanctions clock. The portion of section 
110(a)(2)(E)(ii) provisions (the provisions being proposed for 
disapproval in this notice) were not submitted to meet requirements for 
Part D or a SIP call, and therefore, no sanctions will be triggered. 
However, this final action will trigger the requirement under section 
110(c) that EPA promulgate a Federal Implementation Plan (FIP) no later 
than two years from the date of the disapproval unless the State 
corrects the deficiency, and EPA approves the plan or plan revision 
before EPA promulgates such FIP. With the exceptions noted above, EPA 
is taking final action to approve Mississippi's infrastructure SIP 
submission for the 2012 Annual PM2.5 NAAQS because the 
submission is consistent with section 110 of the CAA.

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. 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

[[Page 89393]]

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 February 10, 2017. 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, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: November 28, 2016.
Heather McTeer Toney,
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 2012 Annual PM 2.5 
NAAQS'' 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 non-regulatory SIP      geographic or     State submittal
           provision               nonattainment      date/effective   EPA approval date        Explanation
                                        area               date
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                                                  * * * * * * *
110(a)(1) and (2)                Mississippi......         12/11/2015  12/12/2016,        With the exception of
 Infrastructure Requirements                                            [Insert citation   sections:
 for the 2012 Annual PM 2.5                                             of publication     110(a)(2)(C) and (J)
 NAAQS.                                                                 in Federal         concerning PSD
                                                                        Register].         permitting
                                                                                           requirements;
                                                                                           110(a)(2)(D)(i)(I)
                                                                                           and (II) (prongs 1
                                                                                           through 4) concerning
                                                                                           interstate transport
                                                                                           requirements and the
                                                                                           state board majority
                                                                                           requirements
                                                                                           respecting
                                                                                           significant portion
                                                                                           of income of section
                                                                                           110(a)(2)(E)(ii).
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[FR Doc. 2016-29593 Filed 12-9-16; 8:45 am]
 BILLING CODE 6560-50-P