[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57832-57834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20424]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0947; FRL-9640-02-R4]


Air Plan Approval; Mississippi; Infrastructure Requirements for 
the 2015 8-Hour Ozone National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) submission provided by 
the State of Mississippi, through the Mississippi Department of 
Environmental Quality (MDEQ), through a letter dated January 25, 2021. 
This approval pertains to certain infrastructure requirements of the 
Clean Air Act (CAA or Act) for the 2015 8-hour ozone national ambient 
air quality standards (NAAQS or standards). Whenever EPA promulgates a 
new or revised NAAQS, the CAA requires that each state adopt and submit 
a SIP for the implementation, maintenance, and enforcement of that 
NAAQS. EPA is approving portions of Mississippi's January 25, 2021, 
submittal as the state has certified that its SIP contains provisions 
that ensure the 2015 8-hour ozone NAAQS is implemented, enforced, and 
maintained in Mississippi. EPA has determined that Mississippi's 
infrastructure SIP submission satisfies certain required infrastructure 
elements for the 2015 8-hour ozone NAAQS.

DATES: This rule is effective October 24, 2022.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2021-0947. All documents in the docket 
are listed on the www.regulations.gov website. 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 and Radiation 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: Sarah LaRocca, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-8994. Ms. LaRocca can 
also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary 
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts 
per million (ppm) to a new more protective level of 0.070 ppm. See 80 
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA, 
states are required to submit SIP revisions 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. This particular type of SIP is 
commonly referred to as an ``infrastructure SIP'' or ``iSIP.'' States 
were required to submit such SIP revisions for the 2015 8-hour ozone 
NAAQS to EPA no later than October 1, 2018.\1\
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    \1\ In 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 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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[[Page 57833]]

    This action is approving portions of Mississippi's January 25, 
2021, SIP revision provided to EPA, through the MDEQ, for the 
applicable infrastructure SIP requirements of the 2015 8-hour ozone 
NAAQS, with the exception of the prevention of significant 
deterioration (PSD) provisions related to major sources under sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J); the air quality 
modeling element of 110(a)(2)(K); \2\ and the visibility protection 
provisions of section 110(a)(2)(D)(i)(II). EPA will consider the 
portions of Mississippi's January 25, 2021, SIP revision that addresses 
the PSD infrastructure elements, the air quality modeling element, and 
the visibility protection provisions of section 110(a)(2)(D)(i)(II) 
through separate rulemakings. EPA also notes that Mississippi's January 
25, 2021, SIP submission addresses all infrastructure elements except 
for those pertaining to the contribution to nonattainment or 
interference with maintenance in other states.\3\
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    \2\ As part of the January 25, 2021, SIP submission, Mississippi 
requested conditional approval of the PSD provisions related to 
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J), and the air quality modeling element under 
110(a)(2)(K). Under CAA section 110(k)(4), EPA may conditionally 
approve a SIP revision based on a commitment from a state to adopt 
specific enforceable measures by a date certain, but not later than 
one year from the date of approval. If the state fails to meet the 
commitment within one year of the final conditional approval, the 
conditional approval will be treated as a disapproval and EPA will 
issue a finding of disapproval. In the July 15, 2022, NPRM, EPA 
proposed to conditionally approve the PSD provisions related to 
major sources under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), and 
110(a)(2)(J), and the air quality modeling element under 
110(a)(2)(K) in relation to Mississippi's January 25, 2021, SIP 
revision. However, EPA is not finalizing that proposed conditional 
approval through this final action and will address these provisions 
through a separate rulemaking.
    \3\ On September 6, 2019, Mississippi provided a SIP submission 
addressing the interstate transport provisions of section 
110(a)(2)(D)(i)(I) pertaining to contribution to nonattainment or 
interference with maintenance in other states. EPA is addressing the 
interstate transport provisions of section 110(a)(2)(D)(i)(I) 
through a separate rulemaking.
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    In a notice of proposed rulemaking (NPRM), published on July 15, 
2022 (87 FR 42424), EPA proposed to approve in part and conditionally 
approve in part a portion of Mississippi's January 25, 2021, SIP 
revision addressing certain infrastructure requirements for the 2015 8-
hour ozone NAAQS.\4\ The details of Mississippi's submission and the 
rationale for EPA's action are explained in the NPRM. Comments on the 
July 15, 2022, NPRM were due on or before August 15, 2022. EPA did not 
receive any comments on the July 15, 2022, NPRM.
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    \4\ As discussed in footnote 2, EPA is not finalizing the 
proposed conditional approval through this final action.
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II. Final Action

    With the exception of the visibility provision of section 
110(a)(2)(D)(i)(II) and the PSD provisions related to major sources 
under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 
110(a)(2)(J), and the modeling provision of 110(a)(2)(K), EPA is 
approving Mississippi's January 25, 2021, SIP submission because it 
satisfies certain required infrastructure elements for the 2015 8-hour 
ozone 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 final 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 November 21, 2022. 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) of the CAA.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.


[[Page 57834]]


    Dated: September 15, 2022.
Daniel Blackman,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
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. In Sec.  52.1270(e), amend the table by adding an entry for 
``110(a)(1) and (2) Infrastructure Requirements for the 2015 8-hour 
ozone 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           State
   Name of non-regulatory SIP       geographic or    submittal date/  EPA approval date        Explanation
           provision             nonattainment area  effective date
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                                                  * * * * * * *
110(a)(1) and (2)                Mississippi.......       1/25/2021  9/22/2022, [Insert  With the exception of
 Infrastructure Requirements                                          citation of         the visibility
 for the 2015 8-hour ozone                                            publication].       provision of section
 NAAQS.                                                                                   110(a)(2)(D)(i)(II)
                                                                                          (prong 4), the PSD
                                                                                          provisions related to
                                                                                          major sources under
                                                                                          sections 110(a)(2)(C),
                                                                                          110(a)(2)(D)(i)(II)
                                                                                          (prong 3), and
                                                                                          110(a)(2)(J), and the
                                                                                          modeling provision of
                                                                                          110(a)(2)(K).
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[FR Doc. 2022-20424 Filed 9-21-22; 8:45 am]
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