[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Rules and Regulations]
[Pages 12833-12835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04011]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0947; FRL-10473-02-R4]


Air Plan Approval; Mississippi; PSD and Air Quality Modeling 
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 conditionally 
approving portions of a State Implementation Plan (SIP) submission 
provided by the State of Mississippi, through the Mississippi 
Department of Environmental Quality (MDEQ), via a letter dated January 
25, 2021, and supplemented through a letter dated November 18, 2022. 
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. The January 25, 2021, SIP submission addresses all 
infrastructure elements except for those pertaining to the contribution 
to nonattainment or interference with maintenance of the NAAQS in other 
states. EPA is conditionally approving the portions of the submittal 
related to the prevention of significant deterioration (PSD) 
infrastructure elements and the air quality modeling element.

DATES: This rule is effective March 31, 2023.

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.

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FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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. 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 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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    This action conditionally approves portions of Mississippi's 
January 25, 2021, SIP revision, as supplemented on November 18, 
2022,\2\ provided to EPA through the MDEQ for the applicable 
requirements of the 2015 8-hour ozone NAAQS regarding 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 of section 110(a)(2)(K).\3\ Mississippi's submission included a 
written commitment under CAA section 110(k)(4) to take action to meet 
the requirements of the PSD and air quality modeling elements for its 
2015 ozone iSIP by adopting a rule revision no later than one year 
after EPA's conditional approval of these portions of Mississippi's 
ozone iSIP. Specifically, MDEQ intends to amend 11 Mississippi 
Administrative Code (MAC), Part 2, Chapter 2, as well as 11 MAC, Part 
2, Chapter 5, to cite to the current version of 40 CFR part 51, 
Appendix W, Guideline on Air Quality Models. Separately, EPA took final 
action on the remaining elements of Mississippi's January 25, 2021, SIP 
revision with the exception of the visibility protection provisions of 
section 110(a)(2)(D)(i)(II).\4\ EPA will consider the portion of 
Mississippi's January 25, 2021, SIP revision that addresses the 
visibility protection provisions in a separate rulemaking.
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    \2\ On November 21, 2022, Mississippi submitted a letter, dated 
November 18, 2022, related to its request for 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 of section 110(a)(2)(K). This letter is in 
the docket for this proposed 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 of the NAAQS in other states. EPA will 
address the interstate transport provisions of section 
110(a)(2)(D)(i)(I) through a separate rulemaking.
    \4\ See 87 FR 57832 (September 22, 2022).
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    Through a notice of proposed rulemaking (NPRM) published on 
December 23, 2022 (87 FR 78896), EPA proposed to conditionally approve 
changes to portions of Mississippi's 2015 8-hour Ozone NAAQS iSIP 
contained in MDEQ January 25, 2021, submittal as supplemented November 
18, 2022. The details of Mississippi's submission, as well as the 
background and EPA's rationale for conditionally approving the changes, 
are described in more detail in the December 23, 2022, NPRM. Comments 
on the December 23, 2022, NPRM were due on or before January 23, 2023. 
No comments were received.

II. Final Action

    EPA is conditionally approving the portions of the 2015 8-hour 
Ozone NAAQS iSIP that address the PSD related requirements of CAA 
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J), 
and the modeling requirements of 110(a)(2)(K). With the exception of 
the visibility provisions, EPA has already taken final action on the 
remainder of Mississippi's January 25, 2021, submittal. EPA will 
consider Mississippi's visibility provisions in the January 25, 2021, 
SIP revision through a future rulemaking.

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 
conditionally 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 EPAwith the discretionary authorityto 
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

[[Page 12835]]

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 May 1, 2023. 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.

    Dated: February 22, 2023.
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. Section 52.1276 is added to read as follows:


Sec.  52.1276  Conditional approval.

    Mississippi submitted a SIP revision to EPA on January 25, 2021, as 
supplemented on November 18, 2022, regarding Mississippi's 2015 8-hour 
Ozone NAAQS infrastructure SIP that addresses the prevention of 
significant deterioration related requirements of CAA sections 
110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), and 110(a)(2)(J), and the 
modeling requirements of 110(a)(2)(K). The SIP revision included a 
commitment to adopt a rule revision to meet requirements of these 
sections and submit a SIP revision containing the revised rules. EPA 
conditionally approved these portions of the January 25, 2021, SIP 
revision, as supplemented November 18, 2022, in an action published in 
the Federal Register on March 1, 2023. If Mississippi fails to meet its 
commitment by March 1, 2024, the conditional approval will become a 
disapproval on March 1, 2024.

0
3. In Sec.  52.1270, in paragraph (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) Infrastructure   Mississippi........       1/25/2021  3/1/2023, [Insert    Addressing and
 Requirements for the 2015 8-hour                                        citation of          conditionally
 Ozone NAAQS.                                                            publication].        approving the PSD
                                                                                              elements of
                                                                                              sections
                                                                                              110(a)(2)(C),
                                                                                              (D)(i)(II), and J,
                                                                                              and section
                                                                                              110(a)(2)(K) only.
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[FR Doc. 2023-04011 Filed 2-28-23; 8:45 am]
BILLING CODE 6560-50-P