[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]
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