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[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 wong.richard@epa.gov.

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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).
--------------------------------------------------------------------------------------------------------------------------------------------------------

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]
 BILLING CODE 6560-50-P
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