61276 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 

(d)(1), (2), (3), and (4); (e)(1), (2), (3), 

(4)(G), (H), and (I), (5), and (8); (f); and 

(g) of the Privacy Act: 

(1) FBI Data Warehouse System, 

(JUSTICE/FBI–022). 

(2) These exemptions apply only to 

the extent that information in this 

system is subject to exemption pursuant 

to 5 U.S.C. 552a(j) and (k). Where 

compliance with an exempted provision 

could not appear to interfere with or 

adversely affect interests of the United 

States or other system stakeholders, the 

Department of Justice (DOJ) in its sole 

discretion may waive an exemption in 

whole or in part; exercise of this 

discretionary waiver prerogative in a 

particular matter shall not create any 

entitlement to or expectation of waiver 

in that matter or any other matter. As a 

condition of discretionary waiver, the 

DOJ in its sole discretion may impose 

any restrictions deemed advisable by 

the DOJ (including, but not limited to, 

restrictions on the location, manner, or 

scope of notice, access, or amendment). 

(w) Exemptions from the particular 

subsections are justified for the 

following reasons: 

(1) From subsection (c)(3), the 

requirement that an accounting be made 

available to the named subject of a 

record, because this system is exempt 

from the access provisions of subsection 

(d). Also, because making available to a 

record subject the accounting of 

disclosures from records concerning 

him/her would specifically reveal any 

law enforcement or national security 

investigative interest in the individual 

by the FBI or agencies that are recipients 

of the disclosures. Revealing this 

information could compromise ongoing, 

authorized law enforcement and 

intelligence efforts, particularly efforts 

to identify and defuse any potential acts 

of terrorism or other potential violations 

of criminal law. Revealing this 

information could also permit the 

record subject to obtain valuable insight 

concerning the information obtained 

during any investigation and to take 

measures to circumvent the 

investigation. 

(2) From subsection (c)(4) notification 

requirements because this system is 

exempt from the access and amendment 

provisions of subsection (d) as well as 

the accounting of disclosures provision 

of subsection (c)(3). 

(3) From subsections (d)(1), (2), (3), 

and (4) and (e)(4)(G) and (H) because 

these provisions concern individual 

access to and amendment of law 

enforcement, intelligence and 

counterintelligence, and 

counterterrorism records, and 

compliance could alert the subject of an 

authorized law enforcement or 

intelligence activity about that 

particular activity and the investigative 

interest of the FBI or other law 

enforcement or intelligence agencies. 

Providing access could compromise 

sensitive information classified to 

protect national security; disclose 

information that would constitute an 

unwarranted invasion of another’s 

personal privacy; reveal a sensitive 

investigative or intelligence technique; 

could provide information that would 

allow a subject to avoid detection or 

apprehension; or constitute a potential 

danger to the health or safety of law 

enforcement personnel, confidential 

sources, and witnesses. The FBI takes 

seriously its obligation to maintain 

accurate records despite its assertion of 

this exemption, and to the extent it, in 

its sole discretion, agrees to permit 

amendment or correction of FBI records, 

it will share that information in 

appropriate cases with subjects of the 

information. 

(4) From subsection (e)(1) because it 

is not always possible to know in 

advance what information is relevant 

and necessary for law enforcement and 

intelligence purposes. The relevance 

and utility of certain information that 

may have a nexus to terrorism or other 

crimes may not always be evident until 

and unless it is vetted and matched with 

other sources of information that are 

necessarily and lawfully maintained by 

the FBI. 

(5) From subsections (e)(2) and (3) 

because application of these provisions 

could present a serious impediment to 

efforts to solve crimes and improve 

national security. Application of these 

provisions would put the subject of an 

investigation on notice of that fact and 

allow the subject an opportunity to 

engage in conduct intended to impede 

that activity or avoid apprehension. 

(6) From subsection (e)(4)(I), to the 

extent that this subsection is interpreted 

to require more detail regarding the 

record sources in this system than has 

been published in the Federal Register. 

Should the subsection be so interpreted, 

exemption from this provision is 

necessary to protect the sources of law 

enforcement and intelligence 

information and to protect the privacy 

and safety of witnesses and informants 

and others who provide information to 

the FBI. Further, greater specificity of 

properly classified records could 

compromise national security. 

(7) From subsection (e)(5) because in 

the collection of information for 

authorized law enforcement and 

intelligence purposes, it is impossible to 

determine in advance what information 

is accurate, relevant, timely and 

complete. With time, seemingly 

irrelevant or untimely information may 

acquire new significance when new 

details are brought to light. 

Additionally, the information may aid 

in establishing patterns of activity and 

providing criminal or intelligence leads. 

It could impede investigative progress if 

it were necessary to assure relevance, 

accuracy, timeliness and completeness 

of all information obtained during the 

scope of an investigation. Further, some 

of the records in this system come from 

other agencies and it would be 

administratively impossible for the FBI 

to vouch for the compliance of these 

agencies with this provision. 

(8) From subsection (e)(8) because to 

require individual notice of disclosure 

of information due to compulsory legal 

process would pose an impossible 

administrative burden on the FBI and 

may alert the subjects of law 

enforcement investigations, who might 

be otherwise unaware, to the fact of 

those investigations. 

(9) From subsections (f) and (g) to the 

extent that the system is exempt from 

other specific subsections of the Privacy 

Act. 

Dated: September 27, 2012. 

Joo Y. Chung, 

Acting Chief Privacy and Civil Liberties 

Officer. 

[FR Doc. 2012–24753 Filed 10–5–12; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0402; FRL–9738–7] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submissions, submitted by the 

State of Mississippi, through the 

Mississippi Department of 

Environmental Quality (MDEQ), as 

demonstrating that the State meets 

portions of the SIP requirements of 

sections 110(a)(1) and (2) of the Clean 

Air Act (CAA or Act) for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

Section 110(a) of the CAA requires that 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 61277 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) or the 

nonattainment plan requirements of section 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

and 2006 PM2.5 NAAQS. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s final rulemaking. 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. MDEQ certified 

that the Mississippi SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2 NAAQS are 

implemented, enforced, and maintained 

in Mississippi (hereafter referred to as 

‘‘infrastructure submissions’’). With the 

exception of sections 110(a)(2)(D)(i), 

110(a)(2)(E)(ii) and 110(a)(2)(G), each of 

which will be addressed in separate 

actions, Mississippi’s infrastructure 

submissions, provided to EPA on 

December 7, 2007, and October 6, 2009, 

address all the required infrastructure 

elements for the 1997 annual and 2006 

24-hour PM2 NAAQS. 

DATES: Effective Date: This rule will be 

effective November 8, 2012. 

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 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 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 

NAAQS. On June 12, 2012, EPA 

proposed to approve Mississippi’s 

December 7, 2007, and on October 6, 

2009, infrastructure submissions for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. See 77 FR 34898. A summary 

of the background for today’s final 

action is provided below. See EPA’s 

June 12, 2012, proposed rulemaking at 

77 FR 34898 for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide 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. 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. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous PM NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 1 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8- 

Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ and 

September 25, 2009, memorandum 

entitled ‘‘Guidance on SIP Elements 

Required Under Section 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(PM2.5) National Ambient Air Quality 

Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

II. This Action 

EPA is taking final action to approve 

Mississippi’s infrastructure submissions 

as demonstrating that the State meets 

portions of the applicable requirements 

of sections 110(a)(1) and (2) of the CAA 


wreier-aviles on DSK5TPTVN1PROD with RULES
61278 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Section 110(a) of 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. MDEQ certified 

that the Mississippi SIP contains 

provisions that ensure the 1997 annual 

and 2006 24-hour PM2 NAAQS are 

implemented, enforced, and maintained 

in Mississippi. EPA is taking separate 

action on sections 110(a)(2)(D)(i), 

110(a)(2)(E)(ii) and 110(a)(2)(G) of 

Mississippi 1997 annual and 2006 24- 

hour PM2 infrastructure submissions. 

EPA received no adverse comments 

on its June 12, 2012, proposed approval 

of portions of Mississippi’s December 7, 

2007, and on October 6, 2009, 

infrastructure submissions. 

Additionally, on September 6, 2012, 

EPA signed a final rulemaking action 

approving revisions to Mississippi’s 

New Source Review (NSR) 

requirements, which Mississippi relies 

in part on to meet the requirements for 

sections 110(a)(2)(C) and 110(a)(2)(J) for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. EPA is not taking action today 

on Mississippi’s NSR program, as these 

requirements are already approved for 

Mississippi’s SIP. 

EPA is finalizing its determination 

that Mississippi’s infrastructure 

submissions, provided to EPA on 

December 7, 2007, and October 6, 2009, 

address all the required infrastructure 

elements for the 1997 annual and 2006 

24-hour PM2.5 NAAQS with the 

exceptions noted above. EPA has 

determined that Mississippi’s December 

7, 2007, and October 6, 2009, 

submissions are consistent with section 

110 of the CAA. 

III. Final Action 

EPA has determined that MDEQ has 

addressed certain elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that 1997 annual and 

2006 24-hour PM2.5 NAAQS are 

implemented, enforced, and maintained 

in Mississippi. As such, EPA is taking 

final action to approve those elements 

as described in Mississippi’s December 

7, 2007, and October 6, 2009, 

submissions for 1997 annual and 2006 

24-hour PM2.5 NAAQS because these 

portions of the submissions are 

consistent with section 110 of the CAA. 

As noted above, EPA is not taking action 

on the portions Mississippi’s 

infrastructure submissions related to 

sections 110(a)(2)(D)(i), 110(a)(2)(E)(ii) 

and 110(a)(2)(G). In addition, EPA notes 

that today’s action is not approving any 

specific rule, but rather making a 

determination that Mississippi’s already 

approved SIP meets certain CAA 

requirements. 

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 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 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); 

• 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 December 10, 2012. 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, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 25, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart Z—Mississippi 

■ 2. Section 52.1270 paragraph (e), is 

amended by adding two new entries for 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standards’’ and ‘‘110(a)(1) and 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 61279 

(2) Infrastructure Requirements for the 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards’’ at the 

end of the table to read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic or nonattainment area State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter 

National Ambient Air Quality Standards.

Mississippi ............. 12/7/2007 10/9/2012 [Insert citation of publication].With the exception of sections 

110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 

110(a)(2)(G). 

110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter 

National Ambient Air Quality Standards.

Mississippi ............. 10/6/2009 10/9/2012 [Insert citation of publication].With the exception of sections 

110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 

110(a)(2)(G). 

[FR Doc. 2012–24631 Filed 10–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0238; FRL–9738–6] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(2)(G) Infrastructure 

Requirement for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) revision, submitted by the 

Mississippi Department of 

Environmental Quality, on July 26, 

2012. This SIP revision was submitted 

to address Clean Air Act (CAA or Act) 

section 110(a)(2)(G). Specifically, EPA is 

approving Mississippi’s July 26, 2012, 

submission addressing section 

110(a)(2)(G), of the CAA for both the 

1997 and 2006 fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). Section 110(a) of 

the CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. The subject of this 

notice is limited to infrastructure 

element 110(a)(2)(G). All other 

applicable Mississippi infrastructure 

elements are being addressed in a 

separate rulemakings. 

DATES: Effective Date: This rule will be 

effective on November 8, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0238. 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 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 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 

NAAQS. On July 31, 2012, EPA 

proposed to approve Mississippi’s 

submission addressing section 

110(a)(2)(G). A summary of the 

background for today’s final action is 

provided below. See EPA’s July 31, 

2012, proposed rulemaking at 77 FR 

45320 for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide 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. 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. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 


wreier-aviles on DSK5TPTVN1PROD with RULES