[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63705-63707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22226]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2014-0751; FRL-9952-33-Region 4]
Air Plan Approval/Disapproval; MS Infrastructure Requirements for
the 2010 NO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve in part, and disapprove in part, portions of the
State Implementation Plan (SIP) submission, submitted by the State of
Mississippi, through the Mississippi Department of Environmental
Quality (MDEQ) on February 28, 2013, to demonstrate that the State
meets the infrastructure requirements of the Clean Air Act (CAA or Act)
for the 2010 1-hour nitrogen dioxide (NO2) 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, which is commonly referred to as an
``infrastructure'' SIP. The MDEQ certified that the Mississippi SIP
contains provisions that ensure the 2010 NO2 NAAQS are
implemented, enforced, and maintained in Mississippi. With the
exception of the state board majority requirements respecting
significant portion of income, for which EPA is disapproving, EPA has
determined portions of Mississippi's SIP submission, provided to EPA on
[[Page 63706]]
February 28, 2013, satisfies certain required infrastructure elements
for the 2010 1-hour NO2 NAAQS.
DATES: This rule will be effective October 17, 2016.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2014-0751. 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 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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-8726. Mr. Richard Wong can also be
reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Overview
On January 22, 2010, (published at 75 FR 6474, February 9, 2010),
EPA promulgated a new 1-hour primary NAAQS for NO2 at a
level of 100 parts per billion (ppb), based on a 3-year average of the
98th percentile of the yearly distribution of 1-hour daily maximum
concentrations. Pursuant to section 110(a)(1) of the CAA, states are
required to submit SIPs meeting the 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 2010 NO2 NAAQS to EPA
no later than January 22, 2013.
In a proposed rulemaking published on May 24, 2016, EPA proposed to
approve Mississippi's 2010 1-hour NO2 NAAQS infrastructure
SIP submission submitted on February 28, 2013, with the exception of
the preconstruction PSD permitting requirements for major sources of
sections 110(a)(2)(C), prong 3 of (D)(i), and (J), the interstate
transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs
1, 2, and 4), and the state board majority requirements respecting
significant portion of income of 110(a)(2)(E)(ii). On March 18, 2015
(80 FR 14019), EPA approved Mississippi's February 28, 2013,
infrastructure SIP submission regarding the PSD permitting requirements
for major sources of sections 110(a)(2)(C), prong 3 of D(i), and (J)
for the 2010 1-hour NO2 NAAQS. Therefore, EPA is not taking
any action today pertaining to sections 110(a)(2)(C), prong 3 of D(i),
and (J). Additionally, on May 25, 2016, EPA took final action on prong
4 of D(i) element of Mississippi's February 28, 2013, SIP submission
for the 2010 1-hour NO2 NAAQS and is not acting on this
prong in this action. See 81 FR 33139. With respect to the interstate
transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2),
Mississippi provided a separate submission on July 14, 2016. EPA is
considering action on Mississippi's submission related to
110(a)(2)(D)(i)(I) (prongs 1 and 2) through a separate action. The
details of Mississippi's submission and the rationale for EPA's actions
for this final rulemaking are explained in the May 24, 2016, proposed
rulemaking. Comments on the proposed rulemaking were due on or before
June 23, 2016. EPA received no adverse comments on the proposed action.
II. Final Action
With regard to the state board majority requirements respecting
significant portion of income, EPA is finalizing a disapproval of
Mississippi's February 28, 2013, infrastructure submission. Under
section 179(a) of the CAA, final disapproval of a submittal that
addresses a requirement of a CAA Part D Plan, or is required in
response to a finding of substantial inadequacy as described in CAA
section 110(k)(5) (SIP call), starts a sanctions clock. The portion of
the submittal being disapproved in this notice (the portion addressing
certain provisions of section 110(a)(2)(E)(ii)) was not submitted to
meet requirements for Part D or a SIP call, and therefore, no sanctions
will be triggered. However, this final action will trigger the
requirement under section 110(c) that EPA promulgate a Federal
Implementation Plan (FIP) no later than two years from the date of the
disapproval unless the State corrects the deficiency, and EPA approves
the plan or plan revision before EPA promulgates such FIP. With the
exceptions described above, EPA is taking final action to approve
Mississippi's infrastructure SIP submission for the 2010 1-hour
NO2 NAAQS because these portions of the submission are
consistent with section 110 of the CAA.
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. Accordingly, 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);
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
[[Page 63707]]
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 15, 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,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 2, 2016.
V. Anne Heard,
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
0
2. Section 52.1270(e), is amended by adding an entry for ``110(a)(1)
and (2) Infrastructure Requirements for the 2010 1-hour NO2
National Ambient Air Quality Standard'' 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
submittal
Name of nonregulatory SIP provision Applicable geographic or date/ EPA approval date Explanation
nonattainment area effective
date
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* * * * * * *
110(a)(1) and (2) Infrastructure Mississippi................. 02/28/2013 09/16/2016, [Insert Federal With the exception of
Requirements for the 2010 1-hour NO2 Register citation]. sections: 110(a)(2)(C) and
National Ambient Air Quality Standard. (J) concerning PSD
permitting requirements;
110(a)(2)(D)(i)(I) and (II)
(prongs 1 through 4)
concerning interstate
transport requirements and
the state board majority
requirements respecting
significant portion of
income of section
110(a)(2)(E)(ii).
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0
3. Section 52.1272 is amended by adding a paragraph (d) to read as
follows:
Sec. 52.1272 Approval status.
* * * * *
(d) Disapproval. Submittal from the State of Mississippi, through
the Mississippi Department of Environmental Quality (MDEQ) on February
28, 2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the
2010 1-hour nitrogen dioxide (NO2) National Ambient Air
Quality Standards (NAAQS) concerning state board majority requirements
respecting significant portion of income of section 128(a)(1). EPA is
disapproving MDEQ's submittal with respect to section 110(a)(2)(E)(ii)
because a majority of board members may still derive a significant
portion of income from persons subject to permits or enforcement orders
issued by the Mississippi Boards, and therefore, its current SIP does
not meet the section 128(a)(1) majority requirements respecting
significant portion of income for the 2010 1-hour NO2 NAAQS.
[FR Doc. 2016-22226 Filed 9-15-16; 8:45 am]
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