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 Environmental Protection Agency 40 CFR Part 52
[EPA-R04-OAR-2014-0424; FRL-9988-12-Region 4]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Final rule.
 SUMMARY: The Environmental Protection Agency (EPA) is approving portions of the State Implementation Plan (SIP) submission, submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), on December 11, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 annual fine particulate matter (PM2.5) national ambient air quality standard (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. Specifically, EPA is approving the portions of the submission that relate to the prevention of significant deterioration (PSD) requirements. All other applicable infrastructure requirements for the 2012 Annual PM2.5
                         NAAQS have been addressed in separate rulemakings.
 DATES: This rule will be effective January 17, 2019.
 ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0424. All documents in the docket are listed on the 
                        *www.regulations.gov*
                         website. 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: Sean Lakeman, 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 via telephone at (404) 562-9043 or via electronic mail at 
                        *lakeman.sean@epa.gov.*


SUPPLEMENTARY INFORMATION: I. Background On December 14, 2012 (78 FR 3086, January 15, 2013), EPA promulgated a 
                    ( print page 64747)
                    revised primary annual PM2.5
                     NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter (μg/m[3]
                    ) to 12.0 μg/m[3]
                    . Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the applicable 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 2012 Annual PM2.5
                     NAAQS to EPA no later than December 14, 2015.[1] Through this action, EPA is approving Mississippi's PSD requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) (hereafter “PSD Elements”) for the 2012 Annual PM2.5
                     NAAQS. In a notice of proposed rulemaking (NPRM) published on June 8, 2016 (81 FR 36848), EPA proposed to approve Mississippi's PSD Elements of the December 11, 2015, submittal. Comments on the NPRM were due on or before July 8, 2016. EPA received no adverse comments on the proposed action. In the final rule on December 12, 2016 (81 FR 89391), EPA inadvertently indicated that the Agency had already approved these requirements. Specifically, in the December 12, 2016, 
                    **Federal Register**
                     final rule, EPA stated that on March 18, 2015 (80 FR 14019), the Agency approved Mississippi's December 11, 2015, submission regarding the PSD Elements. However, the March 18, 2015, 
                    **Federal Register**
                     final rule only addressed the PSD Elements for the 2008 Lead, 2008 Ozone and 2010 Nitrogen Dioxide NAAQS. Therefore, EPA is taking the opportunity to correct this error and is approving the PSD Elements for the 2012 Annual PM2.5
                     NAAQS. EPA notes that the Agency is not approving any specific rule, but rather finding that Mississippi's already approved SIP meets certain CAA requirements. II. Final Action As described above, EPA is approving the portions of the above-described infrastructure SIP submission submitted by Mississippi on December 11, 2015, to address the PSD requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) of the CAA for the 2012 Annual PM2.5
                     NAAQS. 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 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);
                Is not anExecutive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;
                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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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 February 19, 2019. 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
Particulate matter
Reporting and recordkeeping requirements
Volatile organic compounds
 Dated: December 6, 2018. Mary S. Walker, 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: ( print page 64748)
                        Authority:
                        42 U.S.C. 7401 
                            *et seq.* Subpart Z—Mississippi
 2.Section 52.1270(e) is amended by adding new entry for “110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5
                         NAAQS” at the end of the table to read as follows: § 52.1270
  
 (e) * * * EPA-Approved Mississippi Non-Regulatory Provisions
Name of non-regulatory 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 2012 Annual PM2.5
                                     NAAQS
Mississippi
12/11/2015
12/18/2018, [Insert citation of publication]
Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only


# Footnotes

1.
    
                         In these infrastructure SIP submissions States generally certify evidence of compliance with sections 110(a)(1) and (2) of the CAA through a combination of state regulations and statutes, some of which have been incorporated into the federally-approved SIP. In addition, certain federally-approved, non-SIP regulations may also be appropriate for demonstrating compliance with sections 110(a)(1) and (2). Back to Citation


[FR Doc. 2018-27256 Filed 12-17-18; 8:45 am] BILLING CODE 6560-50-P