[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64746-64748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27256]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2014-0424; FRL-9988-12-Region 4]


Air Plan Approval; MS; PSD Infrastructure Plan for the 2012 PM2.5 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of 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. 
Specifically, EPA is approving the portions of the submission that 
relate to the prevention of significant deterioration (PSD) 
requirements. All other applicable infrastructure requirements for the 
2012 Annual PM2.5 NAAQS have been addressed in separate 
rulemakings.

DATES: This rule will be effective January 17, 2019.

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 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.

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 via telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 14, 2012 (78 FR 3086, January 15, 2013), EPA 
promulgated a

[[Page 64747]]

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\. 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.\1\
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    \1\ In these infrastructure SIP submissions States generally 
certify evidence of compliance with sections 110(a)(1) and (2) of 
the CAA through a combination of state regulations and statutes, 
some of which have been incorporated into the federally-approved 
SIP. In addition, certain federally-approved, non-SIP regulations 
may also be appropriate for demonstrating compliance with sections 
110(a)(1) and (2).
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    Through this action, EPA is approving Mississippi's PSD 
requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) 
and 110(a)(2)(J) (hereafter ``PSD Elements'') for the 2012 Annual 
PM2.5 NAAQS. In a notice of proposed rulemaking (NPRM) 
published on June 8, 2016 (81 FR 36848), EPA proposed to approve 
Mississippi's PSD Elements of the December 11, 2015, submittal. 
Comments on the NPRM were due on or before July 8, 2016. EPA received 
no adverse comments on the proposed action. In the final rule on 
December 12, 2016 (81 FR 89391), EPA inadvertently indicated that the 
Agency had already approved these requirements. Specifically, in the 
December 12, 2016, Federal Register final rule, EPA stated that on 
March 18, 2015 (80 FR 14019), the Agency approved Mississippi's 
December 11, 2015, submission regarding the PSD Elements. However, the 
March 18, 2015, Federal Register final rule only addressed the PSD 
Elements for the 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide NAAQS. 
Therefore, EPA is taking the opportunity to correct this error and is 
approving the PSD Elements for the 2012 Annual PM2.5 NAAQS. 
EPA notes that the Agency is not approving any specific rule, but 
rather finding that Mississippi's already approved SIP meets certain 
CAA requirements.

II. Final Action

    As described above, EPA is approving the portions of the above-
described infrastructure SIP submission submitted by Mississippi on 
December 11, 2015, to address the PSD requirements of sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA 
for the 2012 Annual PM2.5 NAAQS.

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 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 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 (Public Law 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 February 19, 2019. 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: December 6, 2018.
Mary S. Walker,
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:


[[Page 64748]]


    Authority: 42 U.S.C. 7401 et seq.

Subpart Z--Mississippi

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2. Section 52.1270(e) is amended by adding new entry for ``110(a)(1) 
and (2) Infrastructure Requirements for the 2012 Annual 
PM2.5 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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                                                          State
                                       Applicable       submittal
   Name of non-regulatory SIP        geographic or        date/      EPA approval  date        Explanation
            provision              nonattainment area   effective
                                                           date
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Mississippi........   12/11/2015  12/18/2018, [Insert  Addressing the PSD
 Requirements for the 2012                                           citation of          permitting
 Annual PM2.5 NAAQS.                                                 publication].        requirements of
                                                                                          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3) and
                                                                                          110(a)(2)(J) only
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[FR Doc. 2018-27256 Filed 12-17-18; 8:45 am]
 BILLING CODE 6560-50-P