[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Rules and Regulations]
[Pages 20793-20796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07975]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0402; FRL-9797-6]
Approval and Promulgation of Implementation Plans; Mississippi;
110(a)(2)(E)(ii) Infrastructure Requirements for the 1997 and 2006 Fine
Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve in part, and disapprove
in part, the State Implementation Plan (SIP) submission, provided by
the Mississippi Department of Environmental Quality (MDEQ), on October
11, 2012. This submission pertains to specific Clean Air Act (CAA)
requirements for the 1997 annual and 2006 24-hour fine particulate
matter (PM2.5) National Ambient Air Quality Standards
(NAAQS) infrastructure SIPs. This action focuses on one component of
the infrastructure requirements in the CAA. The CAA requires states to
include provisions in their SIP to address conflicts of interest for
state boards or bodies that approve CAA permits and enforcement orders
and disclosure of conflict of interest requirements. Specifically, EPA
is now approving the submission as it relates to the public interest
requirements of CAA and the conflict of interest disclosure provisions.
EPA is also now disapproving Mississippi's submission only as it
pertains to compliance with the significant portion of income
requirements of the CAA. Through this action, EPA is only taking action
on the infrastructure SIP requirement related to Mississippi's
obligation to address conflicts of interest requirements for state
boards or bodies that approve CAA permits and enforcement orders and
disclosure of conflict of interest requirements. All other applicable
Mississippi infrastructure elements for the 1997 annual and 2006 24-
hour PM2.5 NAAQS have been addressed through separate
rulemakings. EPA is also taking action to finalize substantive SIP
revisions included with MDEQ's October 11, 2012, submission.
DATES: Effective Date: This rule will be effective May 8, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2012-0402. All documents in the docket
are listed on the www.regulations.gov Web site. 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 Regulatory Development Section, Air Planning 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 to 4:30 excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development
Section, Air Planning 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)
562-9043. Mr. Lakeman can be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997 (62 FR 38652), EPA promulgated a new annual
PM2.5 NAAQS and on October 17, 2006 (71 FR 61144), EPA
promulgated a new 24-hour PM2.5 NAAQS. Upon promulgation of
a new or revised NAAQS, section 110(a) of the CAA requires states to
submit SIPs providing for the implementation, maintenance, and
enforcement of a new or revised NAAQS within three years following the
promulgation of such NAAQS, or within such shorter period as EPA may
prescribe. More specifically, section 110(a)(1) provides the procedural
and timing requirements for SIPs, and section 110(a)(2) lists specific
elements that states must meet for ``infrastructure'' SIP requirements
related to a newly established or revised NAAQS. The section 110(a)(2)
requirements include SIP infrastructure elements such as modeling,
monitoring, and emissions inventories that are designed to assure
attainment and maintenance of the NAAQS.
Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, but the contents of that
submission may vary depending upon the facts and circumstances. The
data and analytical tools available at the time the state develops and
submits the SIP for a new or revised NAAQS affects the content of the
submission. The contents of such SIP submissions may also vary
depending upon what provisions the state's existing SIP already
contains. For many of the section 110(a) requirements, states have
typically met these basic program elements through earlier SIP
submissions in connection with previous NAAQS.
Mississippi submitted a SIP revision on October 11, 2012, to
address section 110(a)(2)(E)(ii) infrastructure requirements for both
the 1997 annual and 2006 24-hour PM2.5 NAAQS. On August 9,
2012, EPA proposed to approve in part, and disapprove in part,
Mississippi's infrastructure SIP submission addressing section
110(a)(2)(E)(ii).\1\
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\1\ EPA took action on Mississippi's other applicable
infrastructure SIP requirements in a separate rulemaking. See 77 FR
61276.
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Section 110(a)(2)(E)(ii) of the infrastructure SIP requires that
states comply with the requirements respecting state boards provided at
Section 128 of the CAA. Section 128, in turn, requires that states
include provisions in their SIP to address conflicts of interest for
state boards or bodies that approve CAA permits and enforcement orders
and to address disclosure of conflict of interest requirements.
Specifically, CAA section 128(a)(1) necessitates that each SIP shall
require that at least a majority of any board or body which approves
permits or enforcement orders be subject to public interest service and
income restrictions. Section 128(a)(2) requires that the members of any
board or body, or the head of an executive agency with similar power to
approve permits or enforcement orders under the CAA, shall also be
subject to conflict of interest disclosure requirements.
In addition to the above-described proposed partial approval and
partial disapproval of Mississippi's infrastructure SIP submission
[[Page 20794]]
addressing section 110(a)(2)(E)(ii), EPA also proposed to approve
certain sections of the Mississippi Constitution and Mississippi Code
into the SIP. Specifically, EPA proposed to approve Mississippi's
Article 4, Section 109 of the Mississippi Constitution and portions of
Mississippi Code sections 25-4-25, -27, -29, -101, -103, and -105 into
the Mississippi SIP. These SIP revisions satisfy certain conflict of
interest requirements of section 128, which as described above, are
required as part of the state's infrastructure SIP per section
110(a)(2)(E)(ii). More information on these specific provisions is
provided in the proposed rule for today's action (77 FR 47573) and in
the state's October 11, 2012, final SIP revision which is available in
the docket for today's action.
II. This Action
EPA is taking final action to approve Article 4, Section 109 of
Mississippi Constitution and portions of Mississippi Code sections 25-
4-25, -27, -29, -101, -103, and -105 into the Mississippi SIP pursuant
to section 128 of the CAA. The specific provisions for inclusion in the
Mississippi SIP are described more fully in the State's October 11,
2012, final SIP revision which is available in the docket for today's
action.
EPA is also taking final action to approve in part Mississippi's
110(a)(2)(E)(ii) infrastructure submission as it relates to the public
interest requirements of CAA section 128(a)(1) and the conflict of
interest disclosure provisions of section 128(a)(2). EPA is
disapproving Mississippi's section 110(a)(2)(E)(ii) submission only as
it pertains to compliance with the significant portion of income
requirements of section 128(a)(1) of the CAA. See the August 9, 2012,
proposed rule for EPA's analysis of Mississippi's 110(a)(2)(E)(ii)
submission. (77 FR 47573). The 110(a)(2)(E)(ii) proposed actions were
contingent upon Mississippi providing EPA with a final SIP revision
that was not changed significantly from the July 13, 2012, draft
revision. Mississippi provided its final SIP revision on October 11,
2012. There were no significant changes made to the final submittal.
EPA received no comments on its August 9, 2012, proposed partial
approval and partial disapproval of Mississippi's draft SIP revision
addressing section 110(a)(2)(E)(ii).
Although EPA is taking action to disapprove a portion of
Mississippi's 110(a)(2)(E)(ii) submission, the Agency notes that
Mississippi has submitted a number of SIP revisions that are being
determined adequate for approvability regarding the requirements of
section 128. For example, Mississippi Code Section 25-4-105 precludes
all public servants from using his or her official position to obtain,
or attempt to obtain, pecuniary benefit for him- or herself other than
that compensation provided for by law, or to obtain, or attempt to
obtain, pecuniary benefit for any relative or any business with which
he or she is associated. In addition, this section prevents board
members from performing any service for any compensation during their
term by which they attempt to influence a decision of the authority of
the board. EPA interprets these requirements, once incorporated into
the SIP, as demonstrating that Mississippi meets the section 128(a)(1)
requirements respecting public interest.
EPA also notes that the public policy declared by the Mississippi
Legislature in Mississippi Code Annotated section 25-4-101, which is
being approved into the SIP today, in large part comports with the
intent behind the CAA section 128 requirements.\2\
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\2\ Section 25-4-101 provides that the Mississippi Legislature
``declares that elective and public office and employment is a
public trust and any effort to realize personal gain through
official conduct, other than as provided by law, or as a natural
consequence of the employment or position, is a violation of that
trust. Therefore, public servants shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that they
are likely to be engaged in acts that are in violation of this trust
and which will not reflect unfavorably upon the state and local
governments.''
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III. Final Action
As already described, EPA is taking final action to approve in part
Mississippi's October 11, 2012, submission for the 1997 annual and 2006
24-hour PM2.5 NAAQS addressing section 110(a)(2)(E)(ii)
infrastructure requirements as it relates to the public interest
requirements of CAA section 128(a)(1) and the conflict of interest
disclosure provisions of section 128(a)(2). EPA is disapproving
Mississippi's section 110(a)(2)(E)(ii) submission as it pertains to
compliance with the significant portion of income requirements of
section 128(a)(1) of the CAA.
Under section 179(a) of the CAA, final disapproval of a submittal
that addresses a requirement of a Part D Plan (42 U.S.C. sections 7501-
7515) or is required in response to a finding of substantial inadequacy
as described in section 7410(k)(5) (SIP call) starts a sanctions clock.
Section 110(a)(2)(E)(ii) provisions (the significant portion of income
requirements of section 128(a)(1) being disapproved in today's notice)
were not submitted to meet requirements for Part D, and therefore, no
sanctions will be triggered. This partial disapproval action, however,
does trigger the requirement under section 110(c) that EPA promulgate a
FIP no later than 2 years from the date of the disapproval unless the
state corrects the deficiency and the Administrator approves the plan
or plan revision before the Administrator promulgates such FIP.
In addition, to the above actions respecting 110(a)(2)(E)(ii)
infrastructure requirements, EPA is today also approving into the SIP
the revisions related to section 128 submitted by Mississippi on
October 11, 2012. Specifically, EPA is approving Article 4, Section 109
of Mississippi Constitution and portions of Mississippi Code sections
25-4-25, -27, -29, -101, -103, and -105 into the Mississippi SIP.
IV. 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. 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. Accordingly, this
action merely approves in part state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law, and disapproves in part state law because it does
not fully meet federal requirements. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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);
[[Page 20795]]
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).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country, and EPA notes that it
will not 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 June 7, 2013. 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, Nitrogen dioxide, Particulate
Matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: March 27, 2013.
A. Stanley Meiburg,
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:
Authority: 42 U.S.C. 7401 et seq.
Subpart Z--Mississippi
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2. Section 52.1270 is amended by:
0
a. In paragraph (c), adding an entry under the new heading
``Mississippi State Constitution'' and six entries under the new
heading ``Mississippi Code'' at the end of the table.
0
b. In paragraph (e), adding a new entry for ``110(a)(2)(E)(ii)
Infrastructure Requirement for the 1997 and 2006 Fine Particulate
Matter National Ambient Air Quality Standards'' at the end of the
table.
The additions read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Mississippi Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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* * * * * * *
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Mississippi State Constitution
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Article 4 Section 109............. Interest of Public Officers in Contracts...... 9/27/2012 4/8/2013
[Insert citation of
publication].
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Mississippi Code
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Section 25-4-25................... Persons required to file statement of economic 9/27/2012 4/8/2013
interest. [Insert citation of
publication].
Section 25-4-27................... Contents of statement of economic interest.... 9/27/2012 4/8/2013
[Insert citation of
publication].
Section 25-4-29................... Filing dates for statement.................... 9/27/2012 4/8/2013
[Insert citation of
publication].
Section 25-4-101.................. Declaration of public policy.................. 9/27/2012 4/8/2013
[Insert citation of
publication].
[[Page 20796]]
Section 25-4-103.................. Definitions................................... 9/27/2012 4/8/2013
[Insert citation of
publication].
Section 25-4-105.................. Certain actions, activities and business 9/27/2012 4/8/2013
relationships prohibited or authorized; [Insert citation of
contacts in violation of section voidable; publication].
penalties.
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* * * * *
(e) * * *
EPA-Approved Mississippi Non-Regulatory Provisions
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State
submittal
Name of non-regulatory SIP Applicable geographic or nonattainment area date/ EPA approval date Explanation
provision effective
date
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* * * * * * *
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110(a)(2)(E)(ii) Infrastructure Mississippi................................... 10/11/2012 4/8/2013............. EPA disapproved the State's
Requirement for the 1997 and 2006 [Insert citation of 110(a)(2)(E)(ii) as it relates
Fine Particulate Matter National publication]. to section 128(a)(2), the
Ambient Air Quality Standards. significant portion of income
requirement.
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0
3. Section 52.1278 is amended by designating the existing text as
paragraph (a) and adding paragraph (b) to read as follows:
Sec. 52.1278 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(b) Disapproval. EPA is disapproving portions of Mississippi's
Infrastructure SIP for the 1997 annual and 2006 24-hour
PM2.5 NAAQS addressing section 110(a)(2)(E)(ii) that
requires the State to comply with section 128 of the CAA.
[FR Doc. 2013-07975 Filed 4-5-13; 8:45 am]
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