Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11131 

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). 

Broadcast Notice to Mariners or by onscene designated representatives. 

(4) This regulation does not apply to 

authorized law enforcement agencies 

operating within the regulated area. 

Dated: February 19, 2015. 

T.G. Allan, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port Jacksonville. 

[FR Doc. 2015–04280 Filed 2–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0698; FRL–9923–55– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

Infrastructure Requirements for the 

2008 8-Hour Ozone 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 May 29, 2012, and July 26, 2012, 

State Implementation Plan (SIP) 

submissions, provided by the 

Mississippi Department of 

Environmental Quality (MDEQ) for 

inclusion into the Mississippi SIP. This 

final rulemaking pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 8-hour ozone 

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 8-hour 

ozone NAAQS is implemented, 

enforced, and maintained in Mississippi 

(hereafter referred to as an 

‘‘infrastructure SIP submission’’). With 

the exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting, interstate transport, 

visibility protection requirements and 

the state board majority requirements 

respecting significant portion of income, 

EPA is taking final action to approve 

Mississippi’s infrastructure SIP 

submissions, provided to EPA on May 

29, 2012, and July 26, 2012. EPA is 

taking final action to disapprove 

Mississippi’s May 29, 2012, and July 26, 

2012, SIP submissions with regards to 

the state board majority requirements 

respecting significant portion of income. 

EPA will consider action with regards to 

the infrastructure elements related to 

PSD permitting, visibility and interstate 

transport in a separate action. 

DATES: This rule will be effective April 

1, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0698. 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: 

Nacosta C. Ward, 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) 562–9140. 

Ms. Ward can be reached via electronic 

mail at ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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 

8-hour ozone NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous ozone 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 

requirements of section 110(a)(2) are 

summarized below and in EPA’s 

September 13, 2013, memorandum 

entitled ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) 

Elements under Clean Air Act Sections 

110(a)(1) and 110(a)(2).’’ 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): Programs for 

Enforcement of Control Measures and 


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11132 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3As mentioned above, this element is not 

relevant to today’s rulemaking. 

for Construction or Modification of 

Stationary Sources 2

• 110(a)(2)(D)(i)(I) and (II): Interstate 

Pollution Transport 

• 110(a)(2)(D)(ii): Interstate Pollution 

Abatement and International Air 

Pollution 

• 110(a)(2)(E): Adequate Resources and 

Authority, Conflict of Interest, and 

Oversight of Local Governments and 

Regional Agencies 

• 110(a)(2)(F): Stationary Source 

Monitoring and Reporting 

• 110(a)(2)(G): Emergency Powers 

• 110(a)(2)(H): SIP revisions 

• 110(a)(2)(I): Plan Revisions for 

Nonattainment Areas 3

• 110(a)(2)(J): Consultation with 

Government Officials, Public 

Notification, and Prevention of 

Significant Deterioration (PSD) and 

Visibility Protection 

• 110(a)(2)(K): Air Quality Modeling 

and Submission of Modeling Data 

• 110(a)(2)(L): Permitting fees 

• 110(a)(2)(M): Consultation and 

Participation by Affected Local 

Entities 

On November 24, 2014, EPA proposed 

to approve in part and disapprove in 

part, the May 29, 2012, and July 26, 

2012, 2008 8-hour ozone NAAQS 

infrastructure SIP submissions with the 

exception of the PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C) and (J), the 

interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and the visibility 

requirements of section 110(a)(2)(J), 

which EPA will address in a separate 

action. EPA also proposed to disapprove 

a portion of Mississippi’s infrastructure 

submission for section 110(a)(2)(E)(ii) 

pertaining to state board majority 

requirements respecting significant 

portion of income. See 79 FR 69787. 

EPA did not receive any comments, 

adverse or otherwise, on the Agency’s 

November 24, 2014, proposed action. In 

this rulemaking, EPA is taking final 

action to approve in part and 

disapprove in part Mississippi’s May 29, 

2012, and July 26, 2012, infrastructure 

submissions as demonstrating that the 

State meets the applicable requirements 

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

for the 2008 8-hour ozone NAAQS, as 

proposed in the Agency’s November 24, 

2014, rulemaking. EPA will act on 

portions of Mississippi’s submissions 

not addressed in today’s rulemaking in 

a separate action. 

II. Final Action 

With the exceptions described below, 

EPA is taking final action to approve 

that MDEQ’s infrastructure SIP 

submissions, submitted May 29, 2012, 

and July 26, 2012, for the 2008 8-hour 

ozone NAAQS have met the above 

described infrastructure SIP 

requirements. EPA is disapproving in 

part section 110(a)(2)(E)(ii) of 

Mississippi’s infrastructure submissions 

because the majority of members of 

boards 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, and therefore, its 

current SIP does not meet the section 

128(a)(1) majority requirements 

respecting significant portion of income. 

This final approval in part and 

disapproval in part, however, does not 

include the PSD permitting 

requirements for major sources of 

section 110(a)(2)(C) and (J), the 

interstate transport requirements of 

section 110(a)(2)(D)(i)(I) and (II) (prongs 

1 through 4), and the visibility 

requirements of section 110(a)(2)(J), 

which will be addressed by EPA in a 

separate action. With the exceptions 

noted above Mississippi 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 

8-hour ozone NAAQS is implemented, 

enforced, and maintained in 

Mississippi. 

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. 

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). 

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 May 1, 2015. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11133 

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: February 11, 2015. 

V. Anne Heard, 

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(e) is amended by 

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

Infrastructure Requirements for the 2008 

8-Hour Ozone 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 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 2008 8-Hour 

Ozone National Ambient Air Quality Standards.

Mississippi ........ 7/26/2012 3/2/2015 [Insert citation 

of publication].

With the exception of sections: 

110(a)(2)(C) and (J) concerning PSD permitting requirements; 

110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) 

concerning interstate transport requirements; 

110(a)(2)(E)(ii) concerning state board majority 

requirements respecting significant portion of 

income; and 

110(a)(2)(J) concerning visibility requirements. 

■ 3. Section 52.1272 is amended by 

adding paragraph (b) to read as follows: 

§ 52.1272 Approval status. 

* * * * * 

(b) Disapproval. Submittal from the 

State of Mississippi, through the 

Mississippi Department of 

Environmental Quality (MDEQ) on May 

29, 2012, and July 26, 2012, to address 

the Clean Air Act (CAA) section 

110(a)(2)(E)(ii) for the 2008 8-hour 

Ozone National Ambient Air Quality 

Standards concerning state board 

majority requirements respecting 

significant portion of income. EPA is 

disapproving MDEQ’s submittal with 

respect to section 128(a)(1) 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, therefore, its current 

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

majority requirements respecting 

significant portion of income for the 

2008 8-hour Ozone National Ambient 

Air Quality Standards. 

[FR Doc. 2015–04140 Filed 2–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0662; FRL–9923–45– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act, a revision to Ohio’s 

transportation conformity state 

implementation plan (SIP) that meets 

EPA and United States Department of 

Transportation (DOT) requirements. 

This revision brings Ohio’s 

transportation conformity SIP into 

compliance with the requirements of the 

Safe, Accountable, Flexible, Efficient 

Transportation Act: A Legacy for Users 

(SAFETEA–LU). 

DATES: This direct final rule will be 

effective May 1, 2015, unless EPA 

receives adverse comments by April 1, 

2015. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0662, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2014– 

0662. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 


wreier-aviles on DSK5TPTVN1PROD with RULES