Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 61279 

(2) Infrastructure Requirements for the 

2006 Fine Particulate Matter 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 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 1997 Fine Particulate Matter 

National Ambient Air Quality Standards.

Mississippi ............. 12/7/2007 10/9/2012 [Insert citation of publication].With the exception of sections 

110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 

110(a)(2)(G). 

110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter 

National Ambient Air Quality Standards.

Mississippi ............. 10/6/2009 10/9/2012 [Insert citation of publication].With the exception of sections 

110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 

110(a)(2)(G). 

[FR Doc. 2012–24631 Filed 10–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0238; FRL–9738–6] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(2)(G) Infrastructure 

Requirement for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) revision, submitted by the 

Mississippi Department of 

Environmental Quality, on July 26, 

2012. This SIP revision was submitted 

to address Clean Air Act (CAA or Act) 

section 110(a)(2)(G). Specifically, EPA is 

approving Mississippi’s July 26, 2012, 

submission addressing section 

110(a)(2)(G), of the CAA for both the 

1997 and 2006 fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). Section 110(a) of 

the CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. The subject of this 

notice is limited to infrastructure 

element 110(a)(2)(G). All other 

applicable Mississippi infrastructure 

elements are being addressed in a 

separate rulemakings. 

DATES: Effective Date: This rule will be 

effective on November 8, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0238. 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 

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. 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 

NAAQS. On July 31, 2012, EPA 

proposed to approve Mississippi’s 

submission addressing section 

110(a)(2)(G). A summary of the 

background for today’s final action is 

provided below. See EPA’s July 31, 

2012, proposed rulemaking at 77 FR 

45320 for more detail. 

Section 110(a) of the CAA requires 

states to submit SIPs 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. 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. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 


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61280 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 

earlier SIP submissions in connection 

with previous PM 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 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. However, EPA is only 

addressing element 110(a)(2)(G) in this 

action. 

II. This Action 

EPA is taking final action to approve 

Mississippi’s infrastructure submission 

as demonstrating that the State meets 

the applicable requirements of section 

110(a)(2)(G) of the CAA for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. In a draft SIP 

revision provided to EPA on July 13, 

2012, for parallel processing, 

Mississippi provided public notification 

of its certification that the Mississippi 

SIP contains provisions that ensure the 

1997 annual and 2006 24-hour PM2.5

NAAQS, as it relates to section 

110(a)(2)(G), is implemented, enforced, 

and maintained in Mississippi. 

On July 31, 2012, EPA proposed to 

approve Mississippi’s July 13, 2012, 

draft SIP revision addressing section 

110(a)(2)(G). EPA’s July 31, 2012 (77 FR 

45320), proposed approval was 

contingent upon Mississippi providing 

EPA with a final SIP revision that was 

not changed significantly from the July 

13, 2012, draft SIP revision. Mississippi 

provided its final SIP revision on July 

26, 2012. There were no significant 

changes made to the final submittal. All 

other applicable Mississippi 

infrastructure elements are being 

addressed in a separate rulemakings. 

EPA received one off-topic comment 

on its July 31, 2012, proposed 

rulemaking to approve Mississippi’s 

July 13, 2012, draft SIP revision as 

meeting the section 110(a)(2)(G) 

requirements of the CAA for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

The Commenter stated that EPA’s PM2.5

standard forces expensive mandates on 

states and industry and the designation 

process places a strain on local 

resources and discourages economic 

growth and EPA should withdraw the 

PM2.5 standard. Also, the Commenter 

stated that EPA should consider public 

interest prior to entering into consent 

decrees. 

This comment does not appear to be 

related to the issues presented in the 

proposed rulemaking, and instead, 

appears related to a wholly separate 

topic—promulgation of the PM NAAQS. 

Promulgations of NAAQS involve 

public comment opportunities, and that 

would be the time to raise concerns 

specific to a particular NAAQS. 

Additionally, with regard to 

Commenter’s general statement about 

consent decrees, although it is not clear 

to which specific consent decree 

Commenter is referring, the CAA does 

provide for opportunities for public 

input regarding certain consent decrees. 

EPA does not interpret these 

comments as relevant to the topic of 

EPA’s July 31, 2012, proposed action, 

which proposed approval of 

Mississippi’s draft SIP revision 

pertaining to section 110(a)(2)(G) 

infrastructure requirements for the 

existing 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Instead, EPA interprets 

these comments as being off-topic and 

outside of the scope of today’s final 

rulemaking. 

Mississippi’s infrastructure 

submission regarding section 

110(a)(2)(G), provided to EPA on July 

26, 2012, in final form, addressed the 

110(a)(2)(G) requirements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

EPA has determined that Mississippi’s 

July 26, 2012, submission is consistent 

with section 110 of the CAA. 

III. Final Action 

As already described, Mississippi has 

addressed section 110(a)(2)(G) 

requirements pursuant to EPA’s October 

2, 2007, guidance to ensure that 1997 

annual and 2006 24-hour PM2.5 NAAQS 

are implemented, enforced, and 

maintained in Mississippi. EPA is 

taking final action to approve 

Mississippi’s July 26, 2012, submission 

for 1997 annual and 2006 24-hour PM2.5

NAAQS because the submission is 

consistent with section 110 of the CAA. 

Today’s action is not approving any 

specific rule, but rather making a 

determination that Mississippi’s already 

approved SIP meets certain CAA 

requirements. 

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 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). 

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 


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Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Rules and Regulations 61281 

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 December 10, 2012. 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, Particulate Matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 25, 2012. 

A. Stanley Meiburg, 

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 paragraph (e), is 

amended by adding a new entry for 

‘‘110(a)(2)(G) Infrastructure 

Requirement for the 1997 and 2006 Fine 

Particulate Matter 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 nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(2)(G) Infrastructure Requirement for the 

1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards.

Mississippi .................... 7/26/2012 10/9/2012 [Insert citation of publication].

[FR Doc. 2012–24628 Filed 10–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2012–0223; FRL 9733–3] 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard and Diesel Sulfur 

Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is issuing this direct final 

rule to amend the definition of heating 

oil in the Renewable Fuel Standard 

(‘‘RFS’’ or ‘‘RFS2’’) program under 

section 211(o) of the Clean Air Act. This 

amendment will expand the scope of 

renewable fuels that can generate 

Renewable Identification Numbers 

(RINs) as heating oil to include fuel oil 

produced from qualifying renewable 

biomass that will be used to generate 

heat to warm buildings or other 

facilities where people live, work, 

recreate, or conduct other activities. 

Fuel oils used to generate process heat, 

power, or other functions will not be 

included in the amended definition. 

Producers or importers of fuel oil that 

meets the amended definition of heating 

oil will be allowed to generate RINs, 

provided that the fuel oil meets the 

other requirements specified in the RFS 

regulations. This amendment will not 

modify or limit fuel included in the 

current definition of heating oil. EPA is 

also amending the requirements under 

EPA’s diesel sulfur program related to 

the sulfur content of locomotive and 

marine diesel fuel produced by transmix 

processors. These amendments will 

allow locomotive and marine diesel fuel 

produced by transmix processors to 

meet a maximum 500 parts per million 

(ppm) sulfur standard provided that; the 

fuel is used in older technology 

locomotive and marine engines that do 

not require 15 ppm sulfur diesel fuel, 

the fuel is used outside of the Northeast 

Mid-Atlantic Area, and the fuel is kept 

segregated from other fuel. These 

amendments will provide significant 

regulatory relief for transmix processors 

while having a neutral or net positive 

environmental impact. EPA is also 

amending the fuel marker requirements 

for 500 ppm sulfur locomotive and 

marine (LM) diesel fuel to address an 

oversight in the original rulemaking 

where the regulations failed to 

incorporate provisions described in the 

rulemaking preamble to allow for 

solvent yellow 124 marker to transition 

out of the distribution system. 

DATES: This rule is effective on 

December 10, 2012 without further 

notice, unless EPA receives adverse 

comment or a public hearing request by 

November 8, 2012. If EPA receives a 

timely adverse comment or a hearing 

request on the rule or any specific 

portion of this rule, we will publish a 

withdrawal of the rule or a specific 

portion of the rule in the Federal 

Register informing the public that the 

rule or portions of the rule with adverse 

comment will not take effect. If a public 

hearing is requested, we will publish a 

notice in the Federal Register 

announcing the date and location of the 

hearing at least 14 days prior to the 

hearing. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0223, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov, 

Attention Air and Radiation Docket ID 

EPA–HQ–OAR–2012–0223. 

• Fax: 731–214–4051. 

• Mail: Air and Radiation Docket, 

Docket No. EPA–HQ–OAR–2012–0223, 


wreier-aviles on DSK5TPTVN1PROD with RULES