57730 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 

1On May 5, 2015, Mississippi withdrew the 

portion of this SIP revision that modified APC–S– 

1, Section 14 related to Mississippi’s Clean Air 

Interstate Rule provisions. A copy of the letter 

withdrawing this portion of Mississippi’s 

submission is in the docket for today’s rulemaking. 

Regarding the changes to APC–S–1, Section 8 

related to hazardous air pollutants, EPA is not 

acting on the revisions related to the vacated Clean 

Air Mercury Rule in Paragraph 4. As noted in the 

SIP revision narrative, the change to Section 8, 

Paragraph 1 regarding the National Emission 

Standards for Hazardous Air Pollutants and the 

change to Section 6, Paragraph 1 regarding the New 

Source Performance Standards are included in the 

same state rulemaking package as the changes 

identified above but are not part of the SIP revision. 

• 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, 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 24, 2015. 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: September 10, 2015. 

Heather McTeer Toney, 

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 L—Georgia 

■ 2. In § 52.570, the table in paragraph 

(c) is amended by removing the entry for 

‘‘391–3–1–.02(2)(zz).’’ 

[FR Doc. 2015–24186 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0163; FRL–9934–73– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Mississippi: 

Miscellaneous Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

a State Implementation Plan (SIP) 

revision submitted by the Mississippi 

Department of Environmental Quality 

(MDEQ), to EPA on July 25, 2010. The 

SIP revision includes multiple changes 

to Mississippi’s SIP to add definitions in 

accordance with federal regulations and 

to implement clarifying language. 

DATES: This rule will be effective 

October 26, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0163. 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: 

Sean Lakeman, 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. Mr. 

Lakeman can be reached by phone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 25, 2010, MDEQ submitted a 

SIP revision to EPA for approval into 

the Mississippi SIP.1 This SIP revision 

includes multiple changes to 

Mississippi’s air pollution control 

regulation APC–S–1, entitled ‘‘Air 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57731 

Emission Regulations for the 

Prevention, Abatement, and Control of 

Air Contaminants,’’ to add and amend 

definitions in accordance with federal 

regulations and to implement clarifying 

language. Specifically, these changes 

include amendments to Section 2— 

‘‘Definitions’’ and Section 3—‘‘Specific 

Criteria for Sources of Particulate 

Matter.’’ 

In a notice of proposed rulemaking 

(NPR) published on July 20, 2015, EPA 

proposed to approve the portions of 

Mississippi’s June 25, 2010, SIP revision 

that modify Sections 2 and 3 of APC– 

S–1. See 80 FR 42774. The details of 

Mississippi’s submittal and the rationale 

for EPA’s actions are explained in the 

NPR. Comments on the proposed 

rulemaking were due on or before 

August 19, 2015. No adverse comments 

were received. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporate 

by reference of certain changes to 

Mississippi’s air pollution control 

regulation APC–S–1, entitled ‘‘Air 

Emission Regulations for the 

Prevention, Abatement, and Control of 

Air Contaminants.’’ Specifically, these 

changes include the amendments to 

Section 2—‘‘Definitions’’ and Section 

3—‘‘Specific Criteria for Sources of 

Particulate Matter’’ which were State 

effective on February 9, 2009. EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 4 office (see the 

ADDRESSES section of this preamble for 

more information). 

III. Final Action 

EPA is approving the portions of 

Mississippi’s July 25, 2010, SIP 

submission revising Sections 2 and 3 of 

Rule APC–S–1 to add and amend 

definitions in accordance with federal 

regulations and to implement clarifying 

language. EPA has preliminarily 

determined that these changes to the 

Mississippi SIP are in accordance with 

the Clean Air Act (CAA or Act) and EPA 

policy and regulations. 

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. 

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 (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 November 24, 2015. 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 16, 2015. 

Heather McTeer Toney, 

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(c), is amended 

under APC–S–1 Air Emission 

Regulations for the Prevention, 

Abatement, and Control of Air 

Contaminants by revising the entries for 

‘‘Section 2’’ and ‘‘Section 3’’ to read as 

follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 

mstockstill on DSK4VPTVN1PROD with RULES

57732 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 

EPA-APPROVED MISSISSIPPI REGULATIONS

State citation Title/Subject State effective 

date EPA Approval date Explanation 

APC–S–1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants 

* * * * * * * 

Section 2 ........................... Definitions ................................................................... 2/9/2009 9/25/2015 [Insert citation 

of publication].

Section 3 ........................... Specific Criteria for Sources of Particulate Matter ..... 2/9/2009 9/25/2015 [Insert citation

of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2015–24324 Filed 9–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2015–0427; FRL–9934–68– 

Region 7] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Missouri; Control of 

Mercury Emissions From Electric 

Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Missouri State Plan received May 7, 

2013. This revision rescinds the state 

rule and associated state plan 

controlling mercury emissions from 

electric generating units. This rule is 

being rescinded because the Federal 

Clean Air Mercury Rule, which is the 

basis for this rule and associated plan, 

has been vacated and removed from the 

Code of Federal Regulations. This action 

will make Missouri’s State Plan 

consistent with Federal regulations. 

DATES: This direct final rule will be 

effective November 24, 2015, without 

further notice, unless EPA receives 

adverse comment by October 26, 2015. 

If EPA receives adverse comment, we 

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–R07– 

OAR–2015–0427, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Bhesania.amy@epa.gov. 

3. Mail or Hand Delivery: Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–205– 

0427. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Amy Bhesania, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7147, or by email at 

bhesania.amy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

Section 111(d) plan revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve a revision to the Missouri State 

Plan received May 7, 2013. This 

revision rescinds Missouri state rule 10 

CSR 10–6.368, Control of Mercury 

Emissions from Electric Generating 

Units, and associated state plan. The 

state rule and plan was originally 

incorporated into the Missouri State 

mstockstill on DSK4VPTVN1PROD with RULES