[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Rules and Regulations]
[Pages 50014-50018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21193]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0546; FRL-9984-53-Region 4]


Air Plan Approval; MS; Section 128 Board Requirements for 
Infrastructure SIPs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) submission, 
submitted by the State of Mississippi, through the Mississippi 
Department of Environmental Quality (MDEQ), on June 26, 2018. This SIP 
submission addresses specific Clean Air Act (CAA or Act) requirements 
applicable to Mississippi state boards or bodies that approve CAA 
permits or enforcement orders. This submission also specifically 
addresses related requirements for implementation of the following 
national ambient air quality standards (NAAQS): 2008 8-hour Ozone, 2008 
Lead, 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide 
(SO2), and 1997, 2006 and 2012 fine particulate matter 
(PM2.5). Whenever EPA promulgates a new or revised NAAQS, 
the CAA requires the state to make a new SIP submission establishing 
that the existing SIP meets the various applicable requirements, or 
revising the SIP to meet those requirements. This type of SIP 
submission is commonly referred to as an ``infrastructure'' SIP. In 
this final action, EPA is approving the June 26, 2018, submission with 
respect to the CAA requirements applicable to state boards; and the 
related state board infrastructure SIP requirements for the 2008 8-hour 
Ozone, 2008 Lead, 2010 NO2, 2010 SO2 and 1997, 
2006 and 2012 PM2.5, NAAQS. This action removes EPA's 
obligation to promulgate a Federal Implementation Plan (FIP) to address 
these CAA state board requirements for Mississippi.

DATES: This rule will be effective November 5, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2017-0546. All documents in the docket 
are listed on the www.regulations.gov website. 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.

[[Page 50015]]


FOR FURTHER INFORMATION CONTACT: Nacosta C. Ward, 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) 562-9140. Ms. Ward can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    States must submit infrastructure SIP submissions meeting the 
applicable requirements of sections 110(a)(1) and (2) of the CAA within 
three years after EPA's promulgation of a new or revised NAAQS. 
Sections 110(a)(1) and (2) require states to address basic SIP 
requirements, including emissions inventories, monitoring, and modeling 
to assure attainment and maintenance of the new or revised NAAQS. More 
specifically, section 110(a)(1) provides the procedural and timing 
requirements for infrastructure SIP submissions. Section 110(a)(2) 
lists specific requirements that states must meet for 
``infrastructure'' SIP purposes, as applicable, related to the newly 
established or revised NAAQS. In particular, section 110(a)(2)(E)(ii) 
requires states to include provisions in their SIP to address the state 
board requirements of section 128. Section 128 of the CAA requires that 
states include provisions in their SIP that require that any state 
board or body which approves permits or enforcement orders shall have a 
majority of members who represent the public interest and do not 
receive a significant portion of their income from parties subject to 
such permits or enforcement orders (section 128(a)(1)); and require 
that the members of any such board or body, or the head of an executive 
agency with similar power to approve permits or enforcement orders 
under the CAA, shall adequately disclose potential conflicts of 
interest (section 128(a)(2)).
    In a notice of proposed rulemaking (NPRM) published on March 30, 
2018 (83 FR 13712), EPA proposed to approve Mississippi's June 23, 
2017, and February 2, 2018, parallel processing submissions related to 
the state board requirements as meeting the significant portion of 
income requirements of section 128(a)(1), and also as meeting the 
infrastructure requirements of section 110(a)(2)(E)(ii) for the 1997, 
2006, and 2012 PM2.5, 2008 8-hour Ozone, 2008 Lead, 2010 
NO2, and 2010 SO2 NAAQS. In the NPRM, EPA also 
proposed approval of the new supplemental provisions regarding 
representation of the public interest of section 128(a)(1) for the MDEQ 
Permit Board and Mississippi Commission on Environmental Quality, and 
disclosure of potential conflicts of interest of section 128(a)(2) for 
the Mississippi Commission on Environmental Quality. The details of 
Mississippi's submissions and the rationale for EPA's actions related 
to how Mississippi addressed the requirements of section 128 and the 
related infrastructure section 110(a)(2)(E)(ii) requirements for the 
aforementioned NAAQS are explained in the NPRM.
    EPA is finalizing its proposed approval of Mississippi's June 26, 
2018 \1\ submission to incorporate into its SIP certain regulatory 
provisions to address the significant portion of income requirement of 
section 128(a)(1). As a result of the addition of these new SIP 
provisions to meet the requirements of section 128(a)(1), EPA is also 
finalizing approval of this submission as satisfying the section 
110(a)(2)(E)(ii) infrastructure requirement for the 1997, 2006, and 
2012 PM2.5, 2008 8-hour Ozone, 2008 Lead, 2010 
NO2, and 2010 SO2 NAAQS. This final action fully 
addresses the SIP deficiencies related to section 110(a)(2)(E)(ii) and 
section 128 from EPA's prior disapprovals of infrastructure SIP 
submissions for the 2008 8-hour Ozone NAAQS on March 2, 2015 (80 FR 
11133), 2008 lead NAAQS on March 30, 2015 (80 FR 16566), 2010 
NO2 NAAQS on August 16, 2016 (81 FR 63705), 2010 
SO2 NAAQS on September 30, 2016 (81 FR 67171), and 2012 
PM2.5 NAAQS on December 12, 2016 (81 FR 89391). Thus, this 
final action also satisfies EPA's FIP obligation with regard to that 
infrastructure SIP requirement for these NAAQS based on the prior 
disapprovals.
---------------------------------------------------------------------------

    \1\ The three components of Mississippi's June 26, 2018 
submission became state effective on July 1, 2016, May 11, 2018, and 
June 25, 2018.
---------------------------------------------------------------------------

II. Response to Comments

    EPA received comments from a total of nine commenters, but only one 
commenter submitted comments relevant to this action.
    Comment 1: With regard to the parallel proceedings process used in 
the proposed rulemaking, the Commenter states that: ``[b]ecause EPA is 
required to allow the public to submit meaningful comments, we cannot 
comment on any changes the State may make after we submit these 
comments. Therefore, if the State makes any changes after EPA's public 
comment period is up, EPA could not approve the submittal with those 
changes without a new public comment period.''
    Response to Comment 1: EPA notes that the final SIP revision 
adopted and submitted to EPA by Mississippi is identical to the draft 
regulations EPA described in the proposal. As a result, the potential 
scenario described by the Commenter does not exist in the instant 
action, as the Commenter and others had the opportunity to comment on 
the exact regulatory language that was adopted by Mississippi in its 
final submission and is approved in this final rulemaking action. 
Nevertheless, EPA takes this opportunity to confirm its longstanding 
interpretation of parallel processing requirements as allowing EPA to 
finalize a proposal without further public comment where there are no 
significant changes in the state's final submission, i.e., when the 
state's final submission is substantively similar to the draft state 
regulations on which the NPRM was based. To the extent the Commenter 
suggests otherwise, EPA disagrees. EPA's established procedures for 
parallel processing are codified at 40 CFR part 51, appendix V, 2.3 and 
serve to expedite review of SIP submissions. Under parallel processing, 
a state will submit a draft SIP revision to EPA prior to final adoption 
of that revision by the state. If EPA believes the draft SIP submission 
is approvable, it publishes a notice of proposed rulemaking prior to 
finalization at the state level and the public is able to comment on 
EPA's proposed approval of the state's draft SIP submission. After 
finalization at the state level and receipt of the final submission 
from the state, EPA reviews this final submittal and can finalize its 
prior proposed approval of the submission if it is substantively 
similar to the draft. If there are significant changes in the state's 
final submission such that it is not substantively similar to the prior 
draft, then EPA will issue a subsequent proposal to solicit comment on 
those changes or other issues that were not included in the initial 
proposed action. By this process, commenters are provided an 
opportunity to comment on all pertinent issues related to the SIP 
submission, as mandated under Federal law establishing procedural 
requirements for agency rulemakings. EPA notes that this approach was 
reflected in the proposed rulemaking for this action wherein we stated 
that if the State's SIP submission as finally adopted and submitted to 
EPA is changed in aspects other than those identified in the proposed 
rulemaking, then ``EPA will evaluate those changes, and if necessary 
and appropriate, issue

[[Page 50016]]

another notice of proposed rulemaking.'' See 83 FR 13713.
    Comment 2: The Commenter notes that the submission does not include 
evidence of adoption of the SIP revision and states that EPA cannot 
approve the SIP submittal without this evidence.
    EPA Response to Comment 2: Because SIP submissions that a state 
submits for parallel processing are by definition not yet final at the 
state level, 40 CFR part 51, appendix V, 2.3 provides exceptions from 
the SIP completeness criteria specified in 40 CFR part 51, appendix V, 
2.0. Appendix V, 2.3.1(b) does not require a state to provide evidence 
of adoption of the plan in final form at the state level in a SIP 
submission submitted for parallel processing. The state, however, is 
required to submit a SIP submission meeting these completeness 
requirements before EPA can make a final determination of 
approvability. See 40 CFR part 51, appendix V, 2.3.2. For this action, 
Mississippi's final submission includes the required evidence of 
adoption of the SIP revisions in Attachment 3 of the Technical Support 
Document.
    Comment 3: The Commenter states that EPA should include the dates 
of the version of the State's code and regulations it is incorporating 
by reference so that future readers can determine exactly what language 
is incorporated by reference. More specifically the Commenter states 
that: ``EPA should specify that it is incorporating by reference the 
July 1, 2016 version of paragraph 6 of Section 49-2-5 and the effective 
date, which we cannot determine by the documents in the current docket, 
of the Mississippi Administrative Code.''
    EPA Response to Comment 3: EPA agrees that incorporations by 
reference should specify the appropriate state law effective date as a 
means of identifying the precise version of the statutory or regulatory 
requirements at issue in a SIP submission. In this instance, July 1, 
2016, is the state law effective date for Mississippi Code section 49-
2-5(6). This final action specifies the provisions that are being 
incorporated into the Code of Federal Regulation (CFR) at 40 CFR 
52.1270 and identifies them by their state law effective dates. EPA 
notes that SIP submissions that states submit for parallel processing 
are not required to identify the state effective date (see 40 CFR part 
51, appendix V, 2.3.1(b)). In fact the state law effective date of 
draft SIP submissions that a state submits for parallel processing 
would typically not be known at the time of submission, because 
submissions for parallel processing will often (if not always) predate 
adoption at the state level. But again, EPA cannot make a final 
determination of plan approvability until the state adopts the final 
version of the state law at issue in the SIP submission and submits 
evidence of adoption with the state law effective date in its final 
submission.
    Comment 4: The Commenter also notes a typographical error in EPA's 
proposed action in the second column of 83 FR13715. Specifically, the 
Commenter notes that the proposal states: ``and a process for replacing 
members as needed to ensure that a majority does derive a significant 
portion of income from regulated entities,'' but should state: ``and a 
process for replacing members as needed to ensure that a majority does 
not derive a significant portion of income from regulated entities. 
(Emphasis added)''
    EPA Response to Comment 4: EPA acknowledges that the omission of 
the word ``not'' from the preamble to EPA's proposed action was a 
scrivener's error and that the Commenter is correct that the word 
``not'' should be inserted into this statement, consistent with EPA's 
discussion of the SIP revision in the proposal and the actual 
provisions EPA is incorporating in this action.

III. 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 incorporation by reference of Mississippi 
Code section 49-2-5, state effective date July 1, 2016, which includes 
certain section 128 requirements for the MDEQ Commission on 
Environmental Quality. EPA is also finalizing the incorporation by 
reference of ``Air Emissions Regulations for the Prevention, Abatement, 
and Control of Air Contaminants'' Title 11, Part 2, Chapter 1, Rule 
1.1, state effective date June 25, 2018; and ``Regulations Regarding 
Administrative Procedures Pursuant to the Mississippi Administrative 
Procedures Act'', Title 11, Part 1 Chapter 5, Rule 5.1, state effective 
date May 11, 2018, which both include certain section 128 requirements 
for the MDEQ Permit Board. EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region 4 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated in the next update to the SIP 
compilation.\2\
---------------------------------------------------------------------------

    \2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Final Action

    As described above, EPA is taking action to approve SIP revisions 
needed to assure that Mississippi's SIP meets the significant portion 
of income requirements of 128(a)(1) of the CAA. Approval of 
Mississippi's June 26, 2018 submission also meets the section 
110(a)(2)(E)(ii) requirements for the 2008 8-hour Ozone, 2008 Lead, 
2010 NO2, 2010 SO2, and 1997, 2006 and 2012 
PM2.5, NAAQS for section 110(a)(2)(E)(ii). With this 
approval, the deficiencies that EPA identified in the previous partial 
disapprovals of Mississippi's infrastructure SIP submissions related to 
the significant portion of income requirements respecting state boards 
for the 2008 8-hour Ozone, 2008 Lead, 2010 NO2, 2010 
SO2, and 1997, 2006 and 2012 PM2.5, NAAQS are 
resolved. This action therefore removes EPA's obligation to promulgate 
a FIP to address these CAA state board requirements for Mississippi. 
Finally, EPA is also approving the new supplemental provisions 
regarding representation of the public interest of section 128(a)(1) 
for the MDEQ Permit Board and Mississippi Commission on Environmental 
Quality, and disclosure of potential conflicts of interest of section 
128(a)(2) for the Mississippi Commission on Environmental Quality.

V. 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory

[[Page 50017]]

action because SIP approvals are exempted under Executive Order 12866;
     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 December 3, 2018. 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, Intergovernmental 
relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: September 10, 2018.
Onis ``Trey'' Glenn, III,
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 is amended by:
0
a. In paragraph (c) table:
0
i. Adding under the heading ``Mississippi Code'' the entry ``Section 
49-2-5'' in numerical order;
0
ii. Adding at the end of the table the undesignated heading ``11 MAC--
Part 2--Chapter 1 Air Emission Regulations for the Prevention, 
Abatement, and Control of Air Contaminants'' and the entry ``Rule 
1.1''; and
0
iii. Adding at the end of the table the undesignated heading ``11 MAC--
Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: 
Regulations Regarding Administrative Procedures Pursuant to the 
Mississippi Administrative Procedures Act,'' and the entry ``Rule 
5.1''; and
0
b. In paragraph (e) table by adding entries ``110(a)(1) and (2) 
Infrastructure Requirements for the 1997 Annual PM2.5 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2006 
24-hour PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2012 24-hour PM2.5 NAAQS'', ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 Lead NAAQS'', 
``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour 
Ozone NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 
2010 NO2 NAAQS'', and ``110(a)(1) and (2) Infrastructure 
Requirements for the 2010 SO2 NAAQS'' at the end of the 
table.
    The additions read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Mississippi Code
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 49-2-5..................  Commission on              7/1/2016  10/4/2018, [Insert  .....................
                                   Environmental                        Federal Register
                                   Quality.                             citation].
 

[[Page 50018]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
      11 MAC--Part 2--Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air
                                                  Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 1.1........................  General............       6/25/2018  10/4/2018, [Insert  .....................
                                                                        Federal Register
                                                                        citation].
----------------------------------------------------------------------------------------------------------------
 11 MAC--Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative
                      Procedures Pursuant to the Mississippi Administrative Procedures Act
----------------------------------------------------------------------------------------------------------------
Rule 5.1........................  Description of            5/11/2018  10/4/2018, [Insert  .....................
                                   Mississippi                          Federal Register
                                   Environmental                        citation].
                                   Quality Permit
                                   Board.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                               EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       Applicable            State
   Name of non-regulatory SIP         geographic or     submittal date/  EPA approval date       Explanation
            provision              nonattainment area   effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 1997                                               Federal Register     state board
 Annual PM2.5 NAAQS.                                                     citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 2006 24-                                           Federal Register     state board
 hour PM2.5 NAAQS.                                                       citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 2012 24-                                           Federal Register     state board
 hour PM2.5 NAAQS.                                                       citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 2008 Lead                                          Federal Register     state board
 NAAQS.                                                                  citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 2008 8-                                            Federal Register     state board
 hour Ozone NAAQS.                                                       citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 2010 NO2                                           Federal Register     state board
 NAAQS.                                                                  citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
110(a)(1) and (2) Infrastructure  Mississippi.........       6/25/2018  10/4/2018, [Insert   Addressing the
 Requirements for the 2010 SO2                                           Federal Register     state board
 NAAQS.                                                                  citation].           requirements of
                                                                                              sections 128 and
                                                                                              110(a)(2)(E)(ii)
                                                                                              only.
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1272 is revised to read as follows:


Sec.  52.1272  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Mississippi's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds that the plan satisfies all requirements of 
part D, title 1, of the Clean Air Act as amended in 1977.

[FR Doc. 2018-21193 Filed 10-3-18; 8:45 am]
 BILLING CODE 6560-50-P