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[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Rules and Regulations]
[Pages 20793-20796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07975]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0402; FRL-9797-6]

Approval and Promulgation of Implementation Plans; Mississippi; 
110(a)(2)(E)(ii) Infrastructure Requirements for the 1997 and 2006 Fine 
Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve in part, and disapprove 
in part, the State Implementation Plan (SIP) submission, provided by 
the Mississippi Department of Environmental Quality (MDEQ), on October 
11, 2012. This submission pertains to specific Clean Air Act (CAA) 
requirements for the 1997 annual and 2006 24-hour fine particulate 
matter (PM2.5) National Ambient Air Quality Standards 
(NAAQS) infrastructure SIPs. This action focuses on one component of 
the infrastructure requirements in the CAA. The CAA requires states to 
include provisions in their SIP to address conflicts of interest for 
state boards or bodies that approve CAA permits and enforcement orders 
and disclosure of conflict of interest requirements. Specifically, EPA 
is now approving the submission as it relates to the public interest 
requirements of CAA and the conflict of interest disclosure provisions. 
EPA is also now disapproving Mississippi's submission only as it 
pertains to compliance with the significant portion of income 
requirements of the CAA. Through this action, EPA is only taking action 
on the infrastructure SIP requirement related to Mississippi's 
obligation to address conflicts of interest requirements for state 
boards or bodies that approve CAA permits and enforcement orders and 
disclosure of conflict of interest requirements. All other applicable 
Mississippi infrastructure elements for the 1997 annual and 2006 24-
hour PM2.5 NAAQS have been addressed through separate 
rulemakings. EPA is also taking action to finalize substantive SIP 
revisions included with MDEQ's October 11, 2012, submission.

DATES: Effective Date: This rule will be effective May 8, 2013.

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

    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 PM2.5 NAAQS. Upon promulgation of 
a new or revised NAAQS, section 110(a) of the CAA requires states to 
submit SIPs providing 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. More specifically, section 110(a)(1) provides the procedural 
and timing requirements for SIPs, and section 110(a)(2) lists specific 
elements that states must meet for ``infrastructure'' SIP requirements 
related to a newly established or revised NAAQS. The section 110(a)(2) 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and emissions inventories that are designed to assure 
attainment and maintenance of the NAAQS.
    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. For many of the section 110(a) requirements, states have 
typically met these basic program elements through earlier SIP 
submissions in connection with previous NAAQS.
    Mississippi submitted a SIP revision on October 11, 2012, to 
address section 110(a)(2)(E)(ii) infrastructure requirements for both 
the 1997 annual and 2006 24-hour PM2.5 NAAQS. On August 9, 
2012, EPA proposed to approve in part, and disapprove in part, 
Mississippi's infrastructure SIP submission addressing section 
110(a)(2)(E)(ii).\1\
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    \1\ EPA took action on Mississippi's other applicable 
infrastructure SIP requirements in a separate rulemaking. See 77 FR 
61276.
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    Section 110(a)(2)(E)(ii) of the infrastructure SIP requires that 
states comply with the requirements respecting state boards provided at 
Section 128 of the CAA. Section 128, in turn, requires that states 
include provisions in their SIP to address conflicts of interest for 
state boards or bodies that approve CAA permits and enforcement orders 
and to address disclosure of conflict of interest requirements. 
Specifically, CAA section 128(a)(1) necessitates that each SIP shall 
require that at least a majority of any board or body which approves 
permits or enforcement orders be subject to public interest service and 
income restrictions. Section 128(a)(2) requires that the members of any 
board or body, or the head of an executive agency with similar power to 
approve permits or enforcement orders under the CAA, shall also be 
subject to conflict of interest disclosure requirements.
    In addition to the above-described proposed partial approval and 
partial disapproval of Mississippi's infrastructure SIP submission

[[Page 20794]]

addressing section 110(a)(2)(E)(ii), EPA also proposed to approve 
certain sections of the Mississippi Constitution and Mississippi Code 
into the SIP. Specifically, EPA proposed to approve Mississippi's 
Article 4, Section 109 of the Mississippi Constitution and portions of 
Mississippi Code sections 25-4-25, -27, -29, -101, -103, and -105 into 
the Mississippi SIP. These SIP revisions satisfy certain conflict of 
interest requirements of section 128, which as described above, are 
required as part of the state's infrastructure SIP per section 
110(a)(2)(E)(ii). More information on these specific provisions is 
provided in the proposed rule for today's action (77 FR 47573) and in 
the state's October 11, 2012, final SIP revision which is available in 
the docket for today's action.

II. This Action

    EPA is taking final action to approve Article 4, Section 109 of 
Mississippi Constitution and portions of Mississippi Code sections 25-
4-25, -27, -29, -101, -103, and -105 into the Mississippi SIP pursuant 
to section 128 of the CAA. The specific provisions for inclusion in the 
Mississippi SIP are described more fully in the State's October 11, 
2012, final SIP revision which is available in the docket for today's 
action.
    EPA is also taking final action to approve in part Mississippi's 
110(a)(2)(E)(ii) infrastructure submission as it relates to the public 
interest requirements of CAA section 128(a)(1) and the conflict of 
interest disclosure provisions of section 128(a)(2). EPA is 
disapproving Mississippi's section 110(a)(2)(E)(ii) submission only as 
it pertains to compliance with the significant portion of income 
requirements of section 128(a)(1) of the CAA. See the August 9, 2012, 
proposed rule for EPA's analysis of Mississippi's 110(a)(2)(E)(ii) 
submission. (77 FR 47573). The 110(a)(2)(E)(ii) proposed actions were 
contingent upon Mississippi providing EPA with a final SIP revision 
that was not changed significantly from the July 13, 2012, draft 
revision. Mississippi provided its final SIP revision on October 11, 
2012. There were no significant changes made to the final submittal. 
EPA received no comments on its August 9, 2012, proposed partial 
approval and partial disapproval of Mississippi's draft SIP revision 
addressing section 110(a)(2)(E)(ii).
    Although EPA is taking action to disapprove a portion of 
Mississippi's 110(a)(2)(E)(ii) submission, the Agency notes that 
Mississippi has submitted a number of SIP revisions that are being 
determined adequate for approvability regarding the requirements of 
section 128. For example, Mississippi Code Section 25-4-105 precludes 
all public servants from using his or her official position to obtain, 
or attempt to obtain, pecuniary benefit for him- or herself other than 
that compensation provided for by law, or to obtain, or attempt to 
obtain, pecuniary benefit for any relative or any business with which 
he or she is associated. In addition, this section prevents board 
members from performing any service for any compensation during their 
term by which they attempt to influence a decision of the authority of 
the board. EPA interprets these requirements, once incorporated into 
the SIP, as demonstrating that Mississippi meets the section 128(a)(1) 
requirements respecting public interest.
    EPA also notes that the public policy declared by the Mississippi 
Legislature in Mississippi Code Annotated section 25-4-101, which is 
being approved into the SIP today, in large part comports with the 
intent behind the CAA section 128 requirements.\2\
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    \2\ Section 25-4-101 provides that the Mississippi Legislature 
``declares that elective and public office and employment is a 
public trust and any effort to realize personal gain through 
official conduct, other than as provided by law, or as a natural 
consequence of the employment or position, is a violation of that 
trust. Therefore, public servants shall endeavor to pursue a course 
of conduct which will not raise suspicion among the public that they 
are likely to be engaged in acts that are in violation of this trust 
and which will not reflect unfavorably upon the state and local 
governments.''
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III. Final Action

    As already described, EPA is taking final action to approve in part 
Mississippi's October 11, 2012, submission for the 1997 annual and 2006 
24-hour PM2.5 NAAQS addressing section 110(a)(2)(E)(ii) 
infrastructure requirements as it relates to the public interest 
requirements of CAA section 128(a)(1) and the conflict of interest 
disclosure provisions of section 128(a)(2). EPA is disapproving 
Mississippi's section 110(a)(2)(E)(ii) submission as it pertains to 
compliance with the significant portion of income requirements of 
section 128(a)(1) of the CAA.
    Under section 179(a) of the CAA, final disapproval of a submittal 
that addresses a requirement of a Part D Plan (42 U.S.C. sections 7501-
7515) or is required in response to a finding of substantial inadequacy 
as described in section 7410(k)(5) (SIP call) starts a sanctions clock. 
Section 110(a)(2)(E)(ii) provisions (the significant portion of income 
requirements of section 128(a)(1) being disapproved in today's notice) 
were not submitted to meet requirements for Part D, and therefore, no 
sanctions will be triggered. This partial disapproval action, however, 
does trigger the requirement under section 110(c) that EPA promulgate a 
FIP no later than 2 years from the date of the disapproval unless the 
state corrects the deficiency and the Administrator approves the plan 
or plan revision before the Administrator promulgates such FIP.
    In addition, to the above actions respecting 110(a)(2)(E)(ii) 
infrastructure requirements, EPA is today also approving into the SIP 
the revisions related to section 128 submitted by Mississippi on 
October 11, 2012. Specifically, EPA is approving Article 4, Section 109 
of Mississippi Constitution and portions of Mississippi Code sections 
25-4-25, -27, -29, -101, -103, and -105 into the Mississippi SIP.

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 in part state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law, and disapproves in part state law because it does 
not fully meet federal requirements. 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);

[[Page 20795]]

     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 June 7, 2013. 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, Intergovernmental 
relations, Incorporation by reference, Nitrogen dioxide, Particulate 
Matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: March 27, 2013.
A. Stanley Meiburg,
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 is amended by:
0
a. In paragraph (c), adding an entry under the new heading 
``Mississippi State Constitution'' and six entries under the new 
heading ``Mississippi Code'' at the end of the table.
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b. In paragraph (e), adding a new entry for ``110(a)(2)(E)(ii) 
Infrastructure Requirement for the 1997 and 2006 Fine Particulate 
Matter National Ambient Air Quality Standards'' at the end of the 
table.
    The additions read as follows:

Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                                          EPA-Approved Mississippi Regulations
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                                                                                       State
          State citation                             Title/subject                   effective     EPA approval date               Explanation
                                                                                        date
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                                                                      * * * * * * *
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                                                             Mississippi State Constitution
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Article 4 Section 109.............  Interest of Public Officers in Contracts......    9/27/2012  4/8/2013
                                                                                                 [Insert citation of
                                                                                                  publication].
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                                                                    Mississippi Code
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Section 25-4-25...................  Persons required to file statement of economic    9/27/2012  4/8/2013
                                     interest.                                                   [Insert citation of
                                                                                                  publication].
Section 25-4-27...................  Contents of statement of economic interest....    9/27/2012  4/8/2013
                                                                                                 [Insert citation of
                                                                                                  publication].
Section 25-4-29...................  Filing dates for statement....................    9/27/2012  4/8/2013
                                                                                                 [Insert citation of
                                                                                                  publication].
Section 25-4-101..................  Declaration of public policy..................    9/27/2012  4/8/2013
                                                                                                 [Insert citation of
                                                                                                  publication].

[[Page 20796]]

 
Section 25-4-103..................  Definitions...................................    9/27/2012  4/8/2013
                                                                                                 [Insert citation of
                                                                                                  publication].
Section 25-4-105..................  Certain actions, activities and business          9/27/2012  4/8/2013
                                     relationships prohibited or authorized;                     [Insert citation of
                                     contacts in violation of section voidable;                   publication].
                                     penalties.
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* * * * *
    (e) * * *

                                                   EPA-Approved Mississippi Non-Regulatory Provisions
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                                                                                       State
                                                                                     submittal
    Name of non-regulatory  SIP       Applicable geographic or nonattainment area      date/       EPA approval date               Explanation
             provision                                                               effective
                                                                                        date
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110(a)(2)(E)(ii) Infrastructure     Mississippi...................................   10/11/2012  4/8/2013.............  EPA disapproved the State's
 Requirement for the 1997 and 2006                                                               [Insert citation of     110(a)(2)(E)(ii) as it relates
 Fine Particulate Matter National                                                                 publication].          to section 128(a)(2), the
 Ambient Air Quality Standards.                                                                                          significant portion of income
                                                                                                                         requirement.
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3. Section 52.1278 is amended by designating the existing text as 
paragraph (a) and adding paragraph (b) to read as follows:

Sec.  52.1278  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (b) Disapproval. EPA is disapproving portions of Mississippi's 
Infrastructure SIP for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS addressing section 110(a)(2)(E)(ii) that 
requires the State to comply with section 128 of the CAA.

[FR Doc. 2013-07975 Filed 4-5-13; 8:45 am]
BILLING CODE 6560-50-P
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