16566 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 17, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 AA—Missouri 

■ 2. In § 52.1320(c) the table is amended 

by revising the entry for 10–5.570 to 

read as follows: 

§ 52.1320 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA Approval date Explanation 

Missouri Department of Natural Resources 

* * ** * * *

Chapter 5—Air Quality Regulations and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

* * ** * * *

10–5.570 ................................. Control of Sulfur Emissions 

from Stationary Boilers.

10/30/13 3/30/15 ...................................

[Insert Federal Register citation].

* * ** * * *

* * * * * 

[FR Doc. 2015–07126 Filed 3–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0270; FRL–9924–99– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Mississippi 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve in part and disapprove in part 

the November 17, 2011, State 

Implementation Plan (SIP) submission, 

provided by the Mississippi Department 

of Environmental Quality (MDEQ) for 

inclusion into the Mississippi SIP. This 

final action pertains to the Clean Air Act 

(CAA or the Act) infrastructure 

requirements for the 2008 Lead 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. MDEQ certified 

that the Mississippi SIP contains 

provisions that ensure the 2008 Lead 

NAAQS is implemented, enforced, and 

maintained in Mississippi. With the 

exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting, for which EPA is not 

acting upon, and disapproving certain 

state boards requirements, EPA is taking 

final action to approve Mississippi’s 

infrastructure SIP submission, provided 

to EPA on November 17, 2011, because 

it addresses the required infrastructure 

elements for the 2008 Lead NAAQS. 

DATES: This rule will be effective April 

29, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0270. 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 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

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 a.m. to 

4:30 p.m. excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, 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. The 

telephone number is (404) 562–9152. 

Mr. Farngalo can be reached via 

electronic mail at farngalo.zuri@

epa.gov. 

SUPPLEMENTARY INFORMATION: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16567 

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 due at the time the 

nonattainment area plan requirements are due 

pursuant to other provisions of the CAA for 

submission of SIP revisions specifically applicable 

for attainment planning purposes. 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 proposed rulemaking 

does not address infrastructure elements related to 

section 110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

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. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order 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. These SIP 

submissions are commonly referred to 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

Lead NAAQS, states typically have met 

the basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous lead 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 mentioned above, these 

requirements include basic structural 

SIP elements such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

applicable infrastructure SIP 

requirements that are the subject of this 

rulemaking are listed below.1

• 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, prevention of significant 

deterioration (PSD) and new source 

review (NSR).2

• 110(a)(2)(D): Interstate and 

international transport provisions. 

• 110(a)(2)(E): Adequate personnel, 

funding, and authority. 

• 110(a)(2)(F): Stationary source 

monitoring and reporting. 

• 110(a)(2)(G): Emergency episodes. 

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

• 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. 

On November 18, 2014, EPA proposed 

to approve Mississippi’s November 17, 

2011, 2008 Lead NAAQS infrastructure 

SIP submission with the exception of 

provisions pertaining to PSD permitting 

in sections 110(a)(2)(C), prong 3 of D(i) 

and (J) and the majority requirements 

respecting significant portion of income 

for state boards of section 

110(a)(2)(E)(ii). EPA proposed 

disapproval of the majority 

requirements respecting significant 

portion of income for state boards of 

section 110(a)(2)(E)(ii). EPA will address 

the PSD permitting requirements in 

sections 110(a)(2)(C), prong 3 of D(i) and 

(J) in a separate action. See 79 FR 68648. 

II. Today’s Action 

In this rulemaking, EPA is taking final 

action to approve Mississippi’s 

infrastructure submission as 

demonstrating that the State meets the 

applicable requirements of sections 

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

2008 Lead NAAQS, with the exception 

of PSD permitting provisions in sections 

110(a)(2)(C), prong 3 of D(i) and (J). EPA 

will be taking action on these elements 

in a separate action. Additionally, EPA 

is disapproving Mississippi’s 

infrastructure submission with regard to 

the majority requirements respecting 

significant portion of income for state 

boards in section 110(a)(2)(E)(ii). 

III. Final Action 

With the exception of provisions 

pertaining to PSD permitting 

requirements in sections 110(a)(2)(C), 

prong 3 of D(i) and (J) and the majority 

requirements respecting significant 

portion of income for state boards of 

section 110(a)(2)(E)(ii), EPA is taking 

final action to approve Mississippi’s 

November 17, 2011, infrastructure 

submission because it addresses the 

required infrastructure elements for the 

2008 Lead NAAQS. EPA is disapproving 

in part section 110(a)(2)(E)(ii) because a 

majority of board members that approve 

permits or enforcement orders in 

Mississippi may still derive a significant 

portion of income from persons subject 

to permits or enforcement orders issued 

by such Mississippi Boards, therefore, 

its current SIP does not meet the section 

128(a)(1) majority requirements 

respecting significant portion of income. 

With the exceptions noted above MDEQ 

has addressed the elements of the CAA 

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

pursuant to section 110 of the CAA to 

ensure that the 2008 Lead NAAQS is 

implemented, enforced, and maintained 

in Mississippi. 

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 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); 


asabaliauskas on DSK5VPTVN1PROD with RULES
16568 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

• 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 Clean Air Act; 

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, 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 May 29, 2015. 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 

Lead, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 11, 2015. 

Heather McTeer Toney, 

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(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead 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 the 2008 Lead National Ambient Air Quality Standards 

110(a)(2)(E)(ii) Infrastructure Requirement for 2008 Lead National Ambient 

Air Quality Standards.

11/4/2011 3/30/15 [Insert citation of 

publication].

With the exception of provisions pertaining to PSD permitting requirements 

in sections 110(a)(2)(C), prong 3 of D(i) 

and (J) and the majority of requirements respecting significant portion of 

income of section 110(a)(2)(E)(ii) (related to section 128(a)(2)). 

■ 3. Section 52.1272 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1272 Approval status. 

* * * * * 

(c) Disapproval. With respect to the 

significant portion of income 

requirement of section 128(a)(1), the 

provisions included in the October 11, 

2012, infrastructure SIP submission did 

not preclude at least a majority of the 

members of the Mississippi Board from 

receiving a significant portion of their 

income from persons subject to permits 

or enforcement orders issued by the 

Mississippi Boards. 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, the Mississippi SIP 

does not meet the section 128(a)(1) 

majority requirements respecting 

significant portion of income, and as 

such, EPA is today proposing to 

disapprove the State’s 110(a)(2)(E)(ii) 

submission as it relates only to this 

portion of section 128(a)(1). 

[FR Doc. 2015–06765 Filed 3–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0636; FRL–9922–77– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to Allegheny 

County Rules; Preconstruction Permit 

Requirements—Nonattainment; New 

Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 


asabaliauskas on DSK5VPTVN1PROD with RULES