[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33139-33140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12114]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0798; FRL-9946-77-Region 4]
Air Plan Disapprovals; MS; Prong 4-2008 Ozone, 2010 NO2, SO2, and
2012 PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to disapprove the visibility transport (prong 4) portions of
revisions to the Mississippi State Implementation Plan (SIP), submitted
by the Mississippi Department of Environmental Quality (MDEQ),
addressing the Clean Air Act (CAA or Act) infrastructure SIP
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012
annual Fine Particulate Matter (PM2.5) National Ambient Air
Quality Standards (NAAQS). The CAA requires that each state adopt and
submit a SIP for the implementation, maintenance, and enforcement of
each NAAQS promulgated by EPA, commonly referred to as an
``infrastructure SIP.'' Specifically, EPA is disapproving the prong 4
portions of Mississippi's May 29, 2012; July 26, 2012; February 28,
2013; June 20, 2013; and December 8, 2015, infrastructure SIP
submissions. All other applicable infrastructure requirements for these
SIP submissions have been or will be addressed in separate rulemakings.
DATES: This rule will be effective June 24, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2015-0798. All documents in the docket
are listed on the www.regulations.gov Web site. 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, 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 of 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. Mr. Lakeman can be reached by telephone at (404) 562-9043
or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
By statute, SIPs meeting the requirements of sections 110(a)(1) and
(2) of the CAA are to be submitted by states within three years after
promulgation of a new or revised NAAQS to provide for the
implementation, maintenance, and enforcement of the new or revised
NAAQS. EPA has historically referred to these SIP submissions made for
the purpose of satisfying the requirements of sections 110(a)(1) and
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and
(2) require states to address basic SIP elements such as the
requirements for monitoring, basic program requirements, and legal
authority that are designed to assure attainment and maintenance of the
newly established or revised NAAQS. More specifically, section
110(a)(1) provides the procedural and timing requirements for
infrastructure SIPs. Section 110(a)(2) lists specific elements that
states must meet for the infrastructure SIP requirements related to a
newly established or revised NAAQS. The contents of an infrastructure
SIP submission may vary depending upon the data and analytical tools
available to the state, as well as the provisions already contained in
the state's implementation plan at the time in which the state develops
and submits the submission for a new or revised NAAQS.
Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct
components, commonly referred to as ``prongs,'' that must be addressed
in infrastructure SIP submissions. The first two prongs, which are
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit
any source or other type of emissions activity in one state from
contributing significantly to nonattainment of the NAAQS in another
state (prong 1) and from interfering with maintenance of the NAAQS in
another state (prong 2). The third and fourth prongs, which are
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit
emissions activity in one state from interfering with measures required
to prevent significant deterioration of air quality in another state
(prong 3) or from interfering with measures to protect visibility in
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to
include provisions insuring compliance with sections 115 and 126 of the
Act, relating to interstate and international pollution abatement.
In a notice of proposed rulemaking (NPRM) published on March 22,
2016 (81 FR 15205), EPA proposed to disapprove the prong 4 portions of
Mississippi's infrastructure SIP submissions for the 2008 8-hour Ozone,
2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual
PM2.5 NAAQS. The details of Mississippi's submissions and
the rationale for EPA's actions are explained in the NPRM. Comments on
the proposed rulemaking were due on or before April 21, 2016. EPA
received no comments on the NPRM.
II. Final Action
EPA is taking final action to disapprove the prong 4 portions of
Mississippi's May 29, 2012, 2008 8-hour Ozone infrastructure SIP
submission; July 26, 2012, 2008 8-hour Ozone infrastructure SIP
resubmission; February 28, 2013, 2010 1-hour NO2
infrastructure SIP submission; June 20, 2013, 2010 1-hour
SO2 infrastructure SIP submission; and December 8, 2015,
2012 annual PM2.5 infrastructure SIP submission. All other
outstanding applicable infrastructure requirements for these SIP
submissions have been or will be addressed in separate rulemakings.
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
disapproves the prong 4 portions of the aforementioned SIP submissions
as not meeting Federal
[[Page 33140]]
requirements. Therefore, this action 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);
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 July 25, 2016. 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: May 12, 2016.
Heather McTeer Toney,
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
0
2. Section 52.1279 is amended by adding paragraph (b) to read as
follows:
Sec. 52.1279 Visibility protection.
* * * * *
(b) Disapproval. EPA has disapproved the portions of Mississippi's
May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26,
2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28,
2013, 2010, 1-hour NO2 infrastructure SIP submission; June
20, 2013, 2010 1-hour SO2 infrastructure SIP submission; and
December 8, 2015, 2012, Annual PM2.5 infrastructure SIP
submission that address the visibility protection (prong 4)
requirements of Clean Air Act section 110(a)(2)(D)(i)(II). EPA
disapproved the prong 4 portions of these SIP submissions because
Mississippi does not have a fully approved regional haze SIP that meets
the requirements of 40 CFR 51.308 and because these SIP submissions do
not otherwise demonstrate that emissions within the State do not
interfere with other states' plans to protect visibility.
[FR Doc. 2016-12114 Filed 5-24-16; 8:45 am]
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