Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63705 

• 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 

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 action for the state of 

South Carolina does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000). The Catawba Indian Nation 

Reservation is located within the State 

of South Carolina. Pursuant to the 

Catawba Indian Claims Settlement Act, 

South Carolina statute 27–16–120, ‘‘all 

state and local environmental laws and 

regulations apply to the [Catawba Indian 

Nation] and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ 

However, EPA has determined that this 

rule does not have substantial direct 

effects on an Indian Tribe because this 

action is not approving any specific 

rule, but rather approving that South 

Carolina’s already approved SIP meets 

certain CAA requirements. EPA notes 

this action 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 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42.U.S.C. 7401 et seq. 

Subpart PP—South Carolina 

■ 2. In § 52.2120, the table in paragraph 

(e) is amended by adding the entry 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2010 1-hour NO2

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

Provision 

State 

effective 

date 

EPA approval 

date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 

the 2010 1-hour NO2 NAAQS.

04/30/2014 09/16/2016, [Insert 

Federal Register 

citation].

With the exception of sections 110(a)(2)(C), prong 

3 of D(i), and (J) and sections 110(a)(2)(D)(i)(I) 

and (II) (prongs 1, 2, and 4). 

[FR Doc. 2016–22239 Filed 9–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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63706 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 

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 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 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 

■ 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 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: 

§ 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 

2010 1-hour NO2 National Ambient Air Quality 

Standard.

Mississippi ..... 02/28/2013 09/16/2016, [Insert 

Federal Register 

citation].

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 and the 

state board majority requirements respecting significant portion of income of section 110(a)(2)(E)(ii). 

■ 3. Section 52.1272 is amended by 

adding a paragraph (d) to read as 

follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0742; FRL–9951–44] 

Aspergillus flavus strains TC16F, 

TC35C, TC38B, and TC46G; Temporary 

Exemptions From the Requirement of 

a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

temporary exemptions from the 

requirement of a tolerance for residues 

of Aspergillus flavus strains TC16F, 

TC35C, TC38B, and TC46G in or on the 

food and feed commodities of corn, 

field; corn, pop; and corn, sweet when 


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