42424 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 

1 In infrastructure SIP submissions, states 

generally certify evidence of compliance with 

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

combination of state regulations and statutes, some 

of which have been incorporated into the SIP. In 

addition, certain federally-approved, non-SIP 

regulations may also be appropriate for 

demonstrating compliance with sections 110(a)(1) 

and (2). 

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 Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements. 

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

Dated: July 10, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–15130 Filed 7–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0947; FRL–9640–01– 

R4] 

Air Plan Approval; Mississippi; 

Infrastructure Requirements for the 

2015 8-Hour Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

in part, and conditionally approve in 

part, a State Implementation Plan (SIP) 

submission provided by the State of 

Mississippi, through the Mississippi 

Department of Environmental Quality 

(MDEQ), through a letter dated January 

25, 2021. This proposal pertains to 

certain infrastructure requirements of 

the Clean Air Act (CAA or Act) for the 

2015 8-hour ozone national ambient air 

quality standards (NAAQS or 

standards). Whenever EPA promulgates 

a new or revised NAAQS, the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of that 

NAAQS. The January 25, 2021, SIP 

submission addresses all infrastructure 

elements except for those pertaining to 

the contribution to nonattainment or 

interference with maintenance in other 

states. EPA is proposing to approve the 

January 25, 2021, SIP revision with the 

exception of the prevention of 

significant deterioration (PSD) 

infrastructure elements, the air quality 

modeling element, and the visibility 

protection element. EPA is proposing to 

conditionally approve the portions of 

the submittal related to the prevention 

of significant deterioration (PSD) 

infrastructure elements and the air 

quality modeling element. EPA will act 

on the visibility protection element in a 

separate rulemaking. 

DATES: Comments must be received on 

or before August 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2021–0947 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www2.epa.gov/dockets/commentingepa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8085. Mr. Ortiz Borrero can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Overview 

II. What elements are required under 

Sections 110(a)(1) and 110(a)(2)? 

III. What is EPA’s approach to the review of 

infrastructure SIP submissions? 

IV. What is EPA’s analysis of how 

Mississippi addressed the elements of 

the section 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. Background and Overview 

On October 1, 2015, EPA promulgated 

a revised primary and secondary 

NAAQS for ozone, revising the 8-hour 

ozone standards from 0.075 parts per 

million (ppm) to a new more protective 

level of 0.070 ppm. See 80 FR 65292 

(October 26, 2015). Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIP revisions meeting the 

applicable 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. This 

particular type of SIP is commonly 

referred to as an ‘‘infrastructure SIP’’ or 

‘‘iSIP.’’ States were required to submit 

such SIP revisions for the 2015 8-hour 

ozone NAAQS to EPA no later than 

October 1, 2018.1

With the exception of the visibility 

protection provisions of section 

110(a)(2)(D)(i)(II), the prevention of 

significant deterioration (PSD) 

provisions related to major sources 

under sections 110(a)(2)(C), 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 42425 

2On September 6, 2019, Mississippi provided a 

SIP submission addressing the interstate transport 

provisions of section 110(a)(2)(D)(i)(I) pertaining to 

contribution to nonattainment or interference with 

maintenance in other states. EPA will address the 

interstate transport provisions of section 

110(a)(2)(D)(i)(I) through a separate rulemaking. 

3Under CAA section 110(k)(4), EPA may 

conditionally approve a SIP revision based on a 

commitment from a state to adopt specific 

enforceable measures by a date certain, but not later 

than one year from the date of approval. If the state 

fails to meet the commitment within one year of the 

final conditional approval, the conditional approval 

will be treated as a disapproval and EPA will issue 

a finding of disapproval. 

4Two elements identified in section 110(a)(2) are 

not governed by the three-year submission deadline 

of section 110(a)(1) for infrastructure SIPs because 

SIPs incorporating necessary local nonattainment 

area controls are not due within three years after 

promulgation of a new or revised NAAQS, but 

rather are due at the time the nonattainment area 

plan requirements are due pursuant to section 172. 

These elements 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. This proposed rulemaking does 

not address infrastructure elements related to 

section 110(a)(2)(I) or the major source 

nonattainment permitting requirements of 

110(a)(2)(C). 

5EPA explains and elaborates on these 

ambiguities and its approach to address them in its 

2013 Guidance (available at https://www3.epa.gov/ 

airquality/urbanair/sipstatus/docs/Guidance_on_

Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf), as well as in numerous 

agency actions including EPA’s prior actions on 

Mississippi infrastructure SIPs such as the action to 

address the 2012 PM2.5 NAAQS. See 81 FR 36848 

(June 8, 2016). 

110(a)(2)(D)(i)(II), and 110(a)(2)(J), and 

the air quality modeling element of 

110(a)(2)(K), EPA is proposing to 

approve Mississippi’s January 25, 2021, 

SIP revision provided to EPA through 

the MDEQ for the applicable 

requirements of the 2015 8-hour ozone 

NAAQS.2 EPA will consider the portion 

of Mississippi’s January 25, 2021, SIP 

revision that addresses the visibility 

protection provisions of section 

110(a)(2)(D)(i)(II) in a separate 

rulemaking. 

As part of the January 25, 2021, SIP 

submission, Mississippi requested 

conditional approval of the PSD 

provisions related to major sources 

under sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), and 110(a)(2)(J), and 

the air quality modeling elements under 

110(a)(2)(K).3 Related to its request for 

conditional approval, Mississippi 

provided a written commitment under 

section 110(k)(4) of the CAA to take 

action to meet the requirements of the 

PSD and air quality modeling elements 

for its 2015 ozone iSIP by adopting a 

rule revision no later than one year after 

EPA’s conditional approval of these 

portions of Mississippi’s ozone iSIP. 

Specifically, MDEQ intends to amend 

11 Mississippi Administrative Code 

(MAC), Part 2, Chapter 2, as well as 11 

MAC, Part 2, Chapter 5, to cite to the 

current version of 40 CFR part 51, 

Appendix W, Guideline on Air Quality 

Models, and submit a revision 

containing the revised regulations to 

EPA within one year of EPA conditional 

approval to meet its conditional 

approval commitment to EPA. For this 

reason, in this notice of proposed 

rulemaking EPA is proposing to 

conditionally approve the portions of 

Mississippi’s 2015 8-hour ozone 

NAAQS iSIP for Sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II), 110(a)(2)(J), and 

110(a)(2)(K) of the CAA, related to the 

PSD program and air quality modeling. 

With the exceptions noted, EPA is 

proposing to fully approve the other 

infrastructure elements for the 2015 

Ozone iSIP addressed in the January 25, 

2021, submission. 

II. What elements are required under 

Sections 110(a)(1) and 110(a)(2)? 

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. In 

particular, 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. 

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 SIP elements 

such as requirements for monitoring, 

basic program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. The requirements of section 

110(a)(2) are listed below and are 

described 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),’’ (2013 

Guidance).4

• 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 

for Construction or Modification of 

Stationary Sources 

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

Pollution Transport (broken down 

into four separate Prongs) 

• 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 

• 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 

III. What is EPA’s approach to the 

review of infrastructure SIP 

submissions? 

As discussed above, whenever EPA 

promulgates a new or revised NAAQS, 

CAA section 110(a)(1) requires states to 

submit infrastructure SIPs that meet the 

various requirements of CAA section 

110(a)(2), as applicable. Due to 

ambiguity in some of the language of 

CAA section 110(a)(2), EPA believes 

that it is appropriate to interpret these 

provisions in the specific context of 

acting on infrastructure SIP 

submissions. EPA has previously 

provided comprehensive guidance on 

the application of these provisions 

through a guidance document for 

infrastructure SIP submissions and 

through regional actions on 

infrastructure submissions.5

Unless otherwise noted below, EPA is 

following that existing approach in 

acting on this submission. In addition, 

in the context of acting on such 

infrastructure submissions, EPA 

evaluates the submitting state’s 

implementation plan for facial 

compliance with statutory and 

regulatory requirements, not for the 


jspears on DSK121TN23PROD with PROPOSALS1
42426 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 

6See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 

971 (9th Cir. 2018). 

7Mississippi Code Title 49 is referenced in the 

State’s infrastructure SIP submissions as ‘‘Appendix 

A–9.’’ Unless otherwise indicated herein, portions 

of the Mississippi Code referenced in this proposal 

are not incorporated into the SIP. 

8On occasion, proposed changes to the 

monitoring network are evaluated outside of the 

network plan approval process in accordance with 

40 CFR part 58. 9See EPA’s 2013 Guidance. 

state’s implementation of its SIP.6 EPA 

has other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

IV. What is EPA’s analysis of how 

Mississippi addressed the elements of 

Section 110(a)(1) and (2)? 

1. 110(a)(2)(A) Emission Limits and 

Other Control Measures 

Section 110(a)(2)(A) requires that each 

implementation plan include 

enforceable emission limitations and 

other control measures, means, or 

techniques (including economic 

incentives such as fees, marketable 

permits, and auctions of emissions 

rights), as well as schedules and 

timetables for compliance, as may be 

necessary or appropriate to meet the 

applicable requirements. 

Several regulations within 

Mississippi’s SIP are relevant to 

emission limits and other air quality 

control measures. These include SIPapproved regulations 11 MAC, Part 2, 

Chapter 1, Chapter 3, and Chapter 5. 

Collectively, these regulations establish 

enforceable emissions limitations and 

other control measures, means, or 

techniques for activities that contribute 

to ozone concentrations in the ambient 

air. Additionally, Mississippi Code Title 

49, section 49–17–17(h) 7 provides 

MDEQ the authority to adopt, modify, or 

repeal and promulgate ambient air 

quality standards and emission 

standards for the state under such 

conditions as the Mississippi 

Commission on Environmental Quality 

(Commission) may prescribe for the 

prevention, control, and abatement of 

pollution. 

EPA has made the preliminary 

determination that the provisions 

contained in Mississippi’s state statutes 

and SIP-approved state regulations are 

adequate for enforceable emission 

limitations and other control measures, 

means, or techniques, as well as 

schedules and timetables for 

compliance to satisfy the requirements 

of section 110(a)(2(A) for the 2015 8- 

hour ozone NAAQS. 

2. 110(a)(2)(B) Ambient Air Quality 

Monitoring/Data System 

Section 110(a)(2)(B) requires SIPs to 

provide for establishment and operation 

of appropriate devices, methods, 

systems, and procedures necessary to: 

(i) monitor, compile, and analyze data 

on ambient air quality, and (ii) upon 

request, make such data available to the 

Administrator. To meet the 

requirements of element B, Mississippi’s 

January 25, 2021, submission cites to 

State Code Title 49, specifically section 

49–17–17(g), which gives MDEQ 

authority to collect and disseminate 

information relating to air quality and 

pollution and the prevention, control, 

supervision, and abatement thereof. 

Additionally, annually, states develop 

and submit to EPA for approval 

statewide ambient monitoring network 

plans consistent with the requirements 

of 40 CFR parts 50, 53, and 58.8 The 

annual network plan involves an 

evaluation of any proposed changes to 

the monitoring network and includes 

the annual ambient monitoring network 

design plan and a certified evaluation of 

the state’s ambient monitors and 

auxiliary support equipment. On June 

28, 2021, Mississippi submitted its 

monitoring network plan to EPA. On 

August 26, 2021, EPA approved the 

monitoring network plan for 

Mississippi. EPA’s approval of 

Mississippi’s monitoring network plan 

is available in the docket for this 

proposed action. 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission is adequate for the ambient 

air quality monitoring and data system 

requirements related to the 2015 8-hour 

ozone NAAQS. 

3. Section 110(a)(2)(C) Programs for 

Enforcement of Control Measures and 

for Construction or Modification of 

Stationary Sources 

This element consists of three subelements: enforcement, state-wide 

regulation of new and modified minor 

sources and minor modifications of 

major sources, and preconstruction 

permitting of major sources and major 

modifications in areas designated 

attainment or unclassifiable for a 

NAAQS as required by CAA title I part 

C (i.e., the major source PSD program). 

Mississippi’s 2015 8-hour ozone 

NAAQS infrastructure SIP submission 

cites to a number of SIP-approved 

provisions to address these 

requirements. EPA’s rationale for its 

proposed action regarding each subelement is described below. 

Enforcement: Mississippi regulation 

11 MAC Part 2, Chapter 2, Permit 

Regulation for the Construction and/or 

Operation of Air Emissions Equipment, 

Rule 2.6 provides for the enforcement of 

ozone precursors emissions limitations 

and control measures through 

construction permitting for new or 

modified stationary sources. 

Furthermore, under Mississippi Code 

Title 49, Chapter 17, MDEQ has 

enforcement authority to seek penalties 

and injunctive relief for violations of 

emission limits and other control 

measures and violations of permits. 

Regulation of Minor Sources and 

Modifications: Section 110(a)(2)(C) also 

requires the SIP to include provisions 

that govern the minor source program 

that regulates emissions that contribute 

to ozone concentrations related to the 

2015 8-hour ozone NAAQS. MDEQ cites 

to 11 MAC, Part 2, Chapter 2, Rule 2.5. 

for its minor source construction 

permitting. EPA notes that other SIPapproved provisions in 11 MAC Part 2, 

Chapter 2 apply to minor source 

construction permitting such as Rule 

2.1.D, which requires any new or 

modified stationary source to have a 

permit to construct prior to 

construction. EPA has made the 

preliminary determination that 

Mississippi’s SIP is adequate for 

program enforcement of control 

measures, and regulation of minor 

sources and modifications related to the 

2015 8-hour ozone NAAQS. 

Preconstruction PSD Permitting for 

Major Sources: For the major source 

PSD program sub-element of section 

110(a)(2)(C), EPA interprets the CAA to 

require that a state’s infrastructure SIP 

submission for a particular NAAQS 

demonstrate that the state has an up-todate PSD permitting program in place 

covering the PSD requirements for all 

regulated NSR pollutants.9 A state’s PSD 

permitting program is complete for this 

sub-element (as well as prong 3 of 

D(i)(II), and J related to PSD) if EPA has 

already approved or is simultaneously 

approving the state’s implementation 

plan with respect to all PSD 

requirements that are due under EPA 

regulations or the CAA on or before the 

date of EPA’s action on the 

infrastructure SIP submission. 

Mississippi’s 2015 8-hour ozone 

NAAQS infrastructure SIP submission 

cites to a number of SIP-approved 

provisions to address the major source 

PSD program sub-element of section 

110(a)(2)(C) as described below. 

Mississippi’s January 25, 2021, iSIP 

submission cites to two separate SIPapproved regulations. Specifically, 

Mississippi cites to 11 MAC, Part 2, 

Chapter 5 and portions of Chapter 2. 

These SIP-approved regulations provide 

that new major sources and major 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 42427 

10EPA approved the most recent version of 

Appendix W on January 17, 2017, at 82 FR 5182. 

modifications in areas of the State 

designated attainment or unclassifiable 

for any given NAAQS are subject to a 

federally-approved PSD permitting 

program under part C of title I of the 

CAA. However, the most current version 

of Mississippi’s SIP-approved PSD 

regulations cited above do not reference 

the most updated version of EPA’s 

Guideline on Air Quality Models, 

codified at 40 CFR part 51, Appendix 

W.10

EPA’s PSD regulations at 40 CFR 

51.166(l) require that modeling be 

conducted in accordance with 

Appendix W. As detailed in EPA’s 2013 

Guidance, approval of element C 

requires a fully approved and up-to-date 

PSD permitting program, which requires 

application of Appendix W consistent 

with EPA’s PSD implementing 

regulations, (approval of PSD elements 

D(i)(II), and J is also contingent on an 

up-to-date PSD program). As noted, 

Mississippi’s PSD program does not 

meet these updated modeling 

requirements and, for this reason, the 

State has committed to update its PSD 

regulations to reference the most current 

version of Appendix W and submit a 

SIP revision containing the revised 

regulations within one year of EPA’s 

conditional approval. In this notice of 

proposed rulemaking, EPA is proposing 

to conditionally approve Mississippi’s 

January 25, 2021, submission related to 

the PSD element of 110(a)(2)(C). 

4. 110(a)(2)(D)(i)(I) and (II) Interstate 

Pollution Transport 

Section 110(a)(2)(D)(i) has two 

components: 110(a)(2)(D)(i)(I) and 

110(a)(2)(D)(i)(II). Each of these 

components has two subparts resulting 

in four distinct components, commonly 

referred to as ‘‘prongs,’’ that must be 

addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), are provisions that 

prohibit any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment of the NAAQS in another 

state (‘‘prong 1’’) and interfering with 

maintenance of the NAAQS in another 

state (‘‘prong 2’’). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), are provisions that 

prohibit emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state (‘‘prong 3’’), or 

to protect visibility in another state 

(‘‘prong 4’’). 

110(a)(2)(D)(i)(I)—prongs 1, 2, and 4: 

EPA is not proposing any action in this 

rulemaking related to the interstate 

transport provisions pertaining to the 

contribution to nonattainment or 

interference with maintenance in other 

states of section 110(a)(2)(D)(i)(I) 

(prongs 1 and 2) or the visibility 

protection provisions (prong 4). EPA 

will consider these requirements in 

relation to Mississippi’s 2015 8-hour 

ozone NAAQS infrastructure in a 

separate rulemaking. 

110(a)(2)(D)(i)(II)—prong 3: Section 

110(a)(2)(D)(i)(II) requires that the SIP 

contain adequate provisions that 

prohibit emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state. With regards to 

prong 3 of section 110(a)(2)(D)(i)(II), a 

state may meet this requirement by a 

confirmation in its infrastructure SIP 

submission that new major sources and 

major modifications in the state are 

subject to a PSD program meeting 

current structural requirements of part 

C, or (if the state contains a 

nonattainment area that has the 

potential to impact PSD in another state) 

a nonattainment NSR program. 

To meet prong 3, Mississippi’s 

January 25, 2021, iSIP submission cites 

to SIP-approved regulation 11 MAC, 

Part 2, Chapter 5. This regulation 

provides that new major sources and 

major modifications in areas of the State 

designated attainment or unclassifiable 

for any given NAAQS are subject to a 

federally-approved PSD permitting 

program under part C of title I of the 

CAA. 

However, as described in section IV.3. 

concerning 110(a)(2)(C) above, the most 

current version of Mississippi’s SIPapproved PSD regulations do not 

reference the most updated version of 

EPA’s Guideline on Air Quality Models, 

codified at 40 CFR part 51, Appendix 

W. For this reason, Mississippi’s 

January 25, 2021, iSIP submission 

includes a request for conditional 

approval of prong 3 and a commitment 

to update its PSD regulations to 

reference the most current version of 

Appendix W and submit a SIP revision 

containing the revised regulations to 

EPA, within one year of EPA 

conditional approval. 

EPA has made the preliminary 

determination that Mississippi’s SIP and 

practices are adequate to meet the prong 

3 requirements related to the 2015 8- 

hour ozone NAAQS, with the exception 

of the citation to an outdated version of 

Appendix W. Accordingly, EPA is 

proposing to conditionally approve 

Mississippi’s infrastructure SIP 

submission with respect to the PSD 

provisions for section 

110(a)(2)(D)(II)[prong 3]. 

5. 110(a)(2)(D)(ii) Interstate Pollution 

Abatement and International Air 

Pollution 

Section 110(a)(2)(D)(ii) requires SIPs 

to include provisions ensuring 

compliance with sections 115 and 

126(b) of the Act, relating to interstate 

and international pollution abatement. 

Mississippi’s January 25, 2021, iSIP 

submission cites to SIP-approved 11 

MAC, Part 2, Chapter 5. This regulation 

provides where 40 CFR 51.166 was 

adopted by reference into the SIP and 

requires notification of potential 

impacts from new or modified sources 

to state and local agencies of 

neighboring states. Additionally, 

Mississippi has no pending obligations 

under sections 115 or 126 of the CAA. 

EPA has made the preliminary 

determination that Mississippi’s and 

practices are adequate for ensuring 

compliance with the applicable 

requirements relating to interstate and 

international pollution abatement for 

the 2015 8-hour ozone NAAQS. 

6. 110(a)(2)(E) Adequate Resources and 

Authority, Conflict of Interest, and 

Oversight of Local Governments and 

Regional Agencies 

Section 110(a)(2)(E) requires that each 

implementation plan provide: (i) 

necessary assurances that the state will 

have adequate personnel, funding, and 

authority under state law to carry out its 

implementation plan, (ii) that the state 

comply with the requirements 

respecting state boards pursuant to 

section 128 of the Act, and (iii) 

necessary assurances that, where the 

state has relied on a local or regional 

government, agency, or instrumentality 

for the implementation of any plan 

provision, the state has responsibility 

for ensuring adequate implementation 

of such plan provisions. EPA’s rationale 

respecting each sub-element for which 

EPA is proposing action in this 

rulemaking is described below. 

In support of sub-element 

110(a)(2)(E)(i), Mississippi’s SIP 

submission demonstrates that it has 

adequate authority to carry out its SIP. 

Specifically related to sub-element 

110(a)(2)(E)(i), Mississippi’s 

infrastructure SIP submission cites to 

Mississippi Code Title 49 section 49– 

17–17(d), which gives MDEQ authority 

to accept and administer loans and 

grants from the federal government, and 

from other sources, public and private, 

for carrying out any of its functions. 

Additionally, MDEQ cites to Mississippi 

Code Title 49 section 49–17–17(h), 

which gives authority under State law to 


jspears on DSK121TN23PROD with PROPOSALS1
42428 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 

carry out its SIP and related issues. For 

section 110(a)(2)(E)(iii), Mississippi’s 

January 25, 2021, submission 

establishes that the State does not rely 

on any local or regional government, 

agency, or instrumentality for the 

implementation of any plan provision, 

and so the State has sole responsibility 

for ensuring adequate implementation 

of such plan provisions, as established 

in Mississippi Code Title 49 section 49– 

17–17(h). 

As further evidence of the adequacy 

of MDEQ’s resources, EPA submitted a 

letter to Mississippi on November 4, 

2021, outlining CAA section 105 grant 

commitments and the current status of 

these commitments for fiscal year 2022. 

The letter EPA submitted to Mississippi 

can be accessed at www.regulations.gov 

using Docket ID No. EPA–R04–OAR– 

2021–0947. Annually, states update 

these grant commitments based on 

current SIP requirements, air quality 

planning, and applicable requirements 

related to the NAAQS. Mississippi 

satisfactorily met all commitments 

agreed to in the Air Planning Agreement 

for fiscal year 2022. Collectively, these 

rules and commitments provide 

evidence that MDEQ has adequate 

personnel, funding, and legal authority 

to carry out the State’s implementation 

plan and related issues. EPA has made 

the preliminary determination that 

Mississippi has adequate resources and 

authority to satisfy sections 

110(a)(2)(E)(i) and (iii) of the 2015 8- 

hour ozone NAAQS. 

Section 110(a)(2)(E)(ii) requires that 

the State comply with section 128 of the 

CAA. Section 128 requires that the SIP 

contain requirements providing that: 

(a)(1) The majority of members of the 

state board or body which approves 

permits or enforcement orders represent 

the public interest and do not derive 

any significant portion of their income 

from persons subject to permitting or 

enforcement orders under the CAA; and 

(a)(2) any potential conflicts of interest 

by such board or body, or the head of 

an executive agency with similar 

powers be adequately disclosed. 

On April 8, 2013, EPA incorporated 

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 

to meet the CAA section 128(a)(1) 

public interest requirements for state 

boards and the conflict of interest 

disclosure requirement of section 

128(a)(2). See 78 FR 20793. On October 

4, 2018, (83 FR 50014), EPA approved 

additional revisions to the Mississippi 

SIP to incorporate provisions to address 

remaining CAA section 128 

requirements and strengthen the SIP’s 

conflict of interest requirements. 

First, Mississippi Code section 49–2– 

5 was incorporated into the SIP to 

address conflicts of interest for the 

Mississippi Commission on 

Environmental Quality, which has CAA 

enforcement order approval authority. 

This provision addresses the 

requirement in CAA section 128(a)(1) by 

prohibiting a majority of the members of 

the Commission from deriving any 

significant portion of their income from 

persons subject to permits under the 

Federal Clean Air Act or enforcement 

order under the Federal Clean Air Act. 

In addition, this provision also 

addresses any potential conflict of 

interest by a member of the Commission 

by requiring such member to disclose 

potential conflicts and recuse himself or 

herself from participating in or voting 

on any matter related to such conflict of 

interest. 

Next, EPA approved SIP revisions to 

address section 128 requirements for the 

MDEQ Permit Board. Specifically, EPA 

approved ‘‘Air Emissions Regulations 

for the Prevention, Abatement, and 

Control of Air Contaminants’’ Title 11, 

Part 2, Chapter 1, Rule 1.1. Chapter 1, 

Rule 1.1, which ensures that at least a 

majority of the members of the Permit 

Board shall represent the public interest 

and shall not derive any significant 

portion of their income from persons 

subject to permits or enforcement orders 

under the Clean Air Act. 

Additionally, EPA approved revisions 

to the MDEQ Permit Board procedural 

rules, ‘‘Regulations Regarding 

Administrative Procedures Pursuant to 

the Mississippi Administrative 

Procedures Act’’, Title 11, Part 1 

Chapter 5, Rule 5.1. This rule describes 

the composition of the MDEQ Permit 

Board and provides that a majority of 

board members represent the public 

interest and not derive any significant 

portion of their income from persons 

subject to permits or enforcement orders 

under the CAA. It also provides for 

annual certification as to whether each 

member derives a significant portion of 

income from persons subject to permits 

or enforcement orders under the CAA 

and a process for replacing members as 

needed to ensure that a majority does 

derive a significant portion of income 

from regulated entities. 

EPA has made the preliminary 

determination that Mississippi’s SIP has 

adequately addressed the requirements 

of section 128(a), and accordingly have 

met the requirements of section 

110(a)(2)(E)(ii). EPA is proposing to 

approve Mississippi’s infrastructure SIP 

submission as meeting the requirements 

of sub-elements 110(a)(2)(E)(i), (ii), and 

(iii). 

7. 110(a)(2)(F) Stationary Source 

Monitoring and Reporting 

Section 110(a)(2)(F) requires SIPs to 

meet applicable requirements 

addressing: (i) the installation, 

maintenance, and replacement of 

equipment, and the implementation of 

other necessary steps, by owners or 

operators of stationary sources to 

monitor emissions from such sources, 

(ii) periodic reports on the nature and 

amounts of emissions and emissions 

related data from such sources, and (iii) 

correlation of such reports by the state 

agency with any emission limitations or 

standards established pursuant to this 

section, which reports shall be available 

at reasonable times for public 

inspection. EPA’s rules regarding how 

SIPs need to address source monitoring 

requirements at 40 CFR 51.212 require 

SIPs to exclude any provision that 

would prevent the use of credible 

evidence of noncompliance. 

Additionally, states are required to 

submit emissions data to EPA for 

purposes of the National Emissions 

Inventory (NEI), pursuant to Subpart A 

to 40 CFR part 51—‘‘Air Emissions 

Reporting Requirements.’’ The NEI is 

EPA’s central repository for air 

emissions data. All states are required to 

submit a comprehensive emission 

inventory every three years and report 

emissions for certain larger sources 

annually through EPA’s online 

Emissions Inventory System. States 

report emissions data for criteria 

pollutants and the precursors that form 

them including nitrogen oxides and 

volatile organic compounds. Many 

states also voluntarily report emissions 

of hazardous air pollutants. Mississippi 

most recently published triennial 

compiled emissions information as part 

of the 2017 NEI. EPA compiles the 

emissions data, supplementing it where 

necessary, and releases it to the public 

through the website: https://

www.epa.gov/air-emissions-inventories/ 

2017-national-emissions-inventory-neidata. 

MDEQ’s January 25, 2021, 

infrastructure SIP submission identifies 

that Mississippi Code Title 49 section 

49–17–21, states that the Mississippi 

Commission on Environmental Quality 

may require the installation, 

maintenance, and use of such 

monitoring equipment and methods at 

such locations and intervals as the 

Commission deems necessary. In 

addition, MDEQ cites to SIP-approved 

rule 11 MAC, Part 2, Chapter 2, Rule 

2.6, which lists the requirements for 

compliance testing and reporting that 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 42429 

must be included in any MDEQ air 

pollution permit. 

Further, MDEQ cites to Mississippi 

Code Title 49 section 49–17–21, which 

states that MDEQ has the authority to 

require the maintenance of records 

related to the operation of air 

contaminant sources and that any 

authorized representative of the 

Commission may examine and copy any 

such records or memoranda pertaining 

to the operation of such contaminant 

source. Finally, Mississippi cited to SIPapproved 11 MAC, Part 2, Chapter 2, 

Rule 2.9, which requires that copies of 

records relating to the operation of air 

contamination sources be submitted to 

the Permit Board, as required by the 

permit, or upon request. 

Also note that Section 11 MAC, Part 

2, Chapter 1, Air Emission Regulations 

For The Prevention, Abatement, and 

Control of Air Contaminants, authorizes 

the use of any credible evidence or 

information relevant to whether a 

source would have been in compliance 

with applicable requirements if the 

appropriate performance or compliance 

test had been performed, for the purpose 

of establishing whether or not a source 

has violated or is in violation of any 

standard or applicable requirement. 

EPA is unaware of any provision 

preventing the use of credible evidence 

in the Mississippi SIP. 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission and practices adequately 

provide for the stationary source 

monitoring systems related to the 2015 

8-hour ozone NAAQS. Accordingly, 

EPA is proposing to approve 

Mississippi’s infrastructure SIP 

submission with respect to section 

110(a)(2)(F). 

8. 110(a)(2)(G) Emergency Powers 

Section 110(a)(2)(G) of the Act 

requires that states demonstrate 

authority comparable with section 303 

of the CAA and adequate contingency 

plans to implement such authority. 

Mississippi’s January 25, 2021, 

submission cites to Mississippi Code 

Title 49 section 49–17–27, stating that 

in the event an emergency is found to 

exist by the Commission, it may issue 

an emergency order as the 

circumstances may require. 

Additionally, Mississippi cites to SIPapproved regulation 11 MAC, Part 2, 

Chapter 3, which states that the MDEQ 

Director may determine that an Air 

Pollution Emergency Episode condition 

exists at one or more monitoring sites 

solely because of emissions from a 

limited number of sources, and that he 

may order such source or sources to put 

into effect the emission control 

programs which are applicable for each 

episode stage. Further, 11 MAC, Part 2, 

Chapter 3 lists regulations that prevent 

the excessive buildup of air pollutants 

during air pollution episodes. 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission adequately addresses 

emergency powers related to the 2015 8- 

hour ozone NAAQS. Accordingly, EPA 

is proposing to approve Mississippi’s 

infrastructure SIP submission with 

respect to section 110(a)(2)(G). 

9. 110(a)(2)(H) SIP Revisions 

Section 110(a)(2)(H), in summary, 

requires each SIP to provide for 

revisions of such plan: (i) As may be 

necessary to take account of revisions of 

such national primary or secondary 

ambient air quality standard or the 

availability of improved or more 

expeditious methods of attaining such 

standard, and (ii) whenever the 

Administrator finds that the plan is 

substantially inadequate to attain the 

NAAQS or to otherwise comply with 

any additional applicable requirements. 

To comply with the requirements of 

section 110(a)(2)(H)(i), Mississippi’s 

January 25, 2021, infrastructure SIP 

submission cites to Mississippi Code 

Title 49 section 49–17–17(h), which 

provides MDEQ with the necessary 

statutory authority to revise the SIP to 

accommodate changes to the NAAQS. 

Mississippi Code Title 49 section 49– 

17–17(h) also provides MDEQ with the 

necessary statutory authority to revise 

the SIP if the Administrator finds the 

plan to be substantially inadequate to 

attain the NAAQS to comply with the 

requirements of section 110(a)(2)(H)(ii). 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission adequately demonstrates a 

commitment and authority to provide 

future SIP revisions related to the 2015 

8-hour ozone NAAQS when necessary. 

Accordingly, EPA is proposing to 

approve Mississippi’s infrastructure SIP 

submission with respect to section 

110(a)(2)(H). 

10. 110(a)(2)(J) Consultation With 

Government Officials, Public 

Notification, and PSD and Visibility 

Protection 

Section 110(a)(2)(J) has four 

components related to: (1) consultation 

with government officials, (2) public 

notification, (3) PSD, and (4) visibility 

protection. 

Consultation with Government 

Officials: With regard to consultation, 

section 110(a)(2)(J) of the CAA requires 

states to provide a process for 

consultation with local governments, 

designated organizations, and Federal 

Land Managers (FLMs) carrying out 

NAAQS implementation requirements 

pursuant to the consultation provisions 

section 121. To meet the consultation 

requirements of element J, Mississippi’s 

iSIP submission cites to SIP-approved 

regulation 11 MAC, Part 2, Chapter 5, 

which provides for continued 

consultation with government officials. 

Additionally, SIP submission Appendix 

A–9, Mississippi Code Title 49 section 

49–17–17(c), provides MDEQ with the 

necessary statutory authority to advise, 

consult, cooperate, or enter into 

contracts, grants, and cooperative 

agreements with any federal or state 

agency or subdivision. 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission adequately demonstrates 

that the State meets applicable 

requirements related to consultation 

with government officials for the 2015 

8-hour ozone NAAQS. Thus, EPA is 

proposing to approve Mississippi’s 

infrastructure SIPs for the 2015 8-hour 

ozone NAAQS with respect to the 

general requirement in section 

110(a)(2)(J) for this provision. 

Public Notification: With respect to 

public notification, section 110(a)(2)(J) 

of the CAA requires states to notify the 

public of NAAQS exceedances and 

associated health hazards, and to 

enhance public awareness of measures 

that can prevent such exceedances in 

accordance with the public notice 

requirements of CAA section 127. To 

meet these requirements of element J, 

Mississippi’s iSIP submission cites to 

SIP-approved regulation 11 MAC, Part 

2, Chapter 3, which requires MDEQ to 

notify the public of any air pollution 

alert, warning, or emergency. To notify 

the public regarding ozone, MDEQ has 

a public notice mechanism in place. 

One of the mechanisms is the MDEQ 

website where changes in regulations, 

air quality summary data, and daily Air 

Quality Index reports can be found. 

Additionally, certain regulatory actions 

may also be published in newspapers 

and/or addressed at public hearings. 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission adequately demonstrates 

that the State meets applicable 

requirements related to the ability to 

provide public notification of section 

110(a)(2)(J) for the 2015 8-hour ozone 

NAAQS. Thus, EPA is proposing to 

approve Mississippi’s infrastructure 

SIPs for the 2015 8-hour ozone NAAQS 

with respect to the general requirement 

in section 110(a)(2)(J) for this provision. 

PSD: With regard to the PSD element 

of section 110(a)(2)(J), this requirement 

is met (similarly to 110(a)(2)(C)) by a 

state’s confirmation, in an infrastructure 


jspears on DSK121TN23PROD with PROPOSALS1
42430 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 

SIP submission, that the state has a SIPapproved PSD program meeting all the 

current requirements of part C of title I 

of the CAA for all NSR regulated 

pollutants. To meet the requirements of 

element J, Mississippi’s January 25, 

2021, iSIP submission cites to SIPapproved regulation 11 MAC, Part 2, 

Chapter 5, which provides that new 

major sources and major modifications 

in areas of the State designated 

attainment or unclassifiable for any 

given NAAQS are subject to a federallyapproved PSD permitting program 

under part C of title I of the CAA. 

However, as described in section IV.3. 

concerning 110(a)(2)(C) above, the most 

current version of Mississippi’s SIPapproved PSD regulations do not 

reference the most updated version of 

EPA’s Guideline on Air Quality Models, 

codified at 40 CFR part 51, Appendix 

W. For this reason, Mississippi’s 

January 25, 2021, iSIP submission 

includes a request for conditional 

approval of element J and a commitment 

to update its PSD regulations to 

reference the most current version of 

Appendix W, and submit a SIP revision 

containing the revised regulations to 

EPA, within one year of EPA 

conditional approval. 

Visibility Protection: With regard to 

the visibility protection element of 

section 110(a)(2)(J), EPA’s 2013 

Guidance notes that it does not treat the 

visibility protection aspects of section 

110(a)(2)(J) as applicable for purposes of 

the infrastructure SIP approval process. 

EPA recognizes that Mississippi is 

subject to visibility protection and 

regional haze program requirements 

under part C of the Act (which includes 

sections 169A and 169B). However, 

there are no newly applicable visibility 

protection obligations after the 

promulgation of a new or revised 

NAAQS. As such, Mississippi’s 

infrastructure SIP submission related to 

the 2015 8-hour ozone NAAQS does not 

address the visibility protection element 

of section 110(a)(2)(J). 

11. 110(a)(2)(K) Air Quality Modeling 

and Submission of Modeling Data 

Section 110(a)(2)(K) of the CAA 

requires that SIPs provide for 

performing air quality modeling so that 

effects on air quality of emissions from 

NAAQS pollutants can be predicted and 

submission of such data to EPA can be 

made. 110(a)(2)(K) has two components 

related to: (1) the performance of air 

quality modeling, and (2) the 

submission of data related to such air 

quality modeling to the Administrator. 

Mississippi’s January 25, 2021, iSIP 

submission cites to two separate SIPapproved regulations to meet the 

modeling requirement of element K. 

Specifically, Mississippi cites to 11 

MAC, Part 2, Chapter 2 and 11 MAC, 

Part 2, Chapter 5. These SIP-approved 

regulations include requirements for air 

quality modeling and reporting for the 

PSD permitting program. However, as 

described in section IV.3 concerning 

110(a)(2)(C) above, the most current 

version of Mississippi’s SIP-approved 

PSD regulations cited above do not 

reference the most updated version of 

EPA’s Guideline on Air Quality Models, 

codified at 40 CFR part 51, Appendix 

W. For this reason, Mississippi’s 

January 25, 2021, iSIP submission 

includes a request for conditional 

approval of element K and a 

commitment to update its PSD 

regulations to reference the most current 

version of Appendix W, and submit a 

SIP revision containing the revised 

regulations to EPA, within one year of 

EPA conditional approval. 

Because of the outdated reference to 

Appendix W modeling, EPA is 

proposing to conditionally approve 

Mississippi’s infrastructure SIP 

submission with respect to section 

110(a)(2)(K). 

12. 110(a)(2)(L) Permitting Fees 

Section 110(a)(2)(L) requires that the 

owner or operator of each major 

stationary source pay the permitting 

authority, as a condition of any permit 

required under the CAA, a fee sufficient 

to cover: (i) the reasonable costs of 

reviewing and acting upon any 

application for such a permit, and (ii) if 

the owner or operator receives a permit 

for such source, the reasonable costs of 

implementing and enforcing the terms 

and conditions of any such permit (not 

including any court costs or other costs 

associated with any enforcement 

action), until such fee requirement is 

superseded with respect to such sources 

by the Administrator’s approval of a fee 

program under title V. 

Mississippi January 25, 2021, 

infrastructure SIP submission cites to 

Mississippi Code Title 49 section 49– 

17–30, which provides for the 

assessment of Title V permit fees to 

cover these costs. The State notes that 

these title V operating program fees 

cover the reasonable cost of 

implementation and enforcement of 

PSD and NNSR permits after they have 

been issued. EPA has made the 

preliminary determination that 

Mississippi adequately provides for 

permitting fees related to the 2015 8- 

hour ozone NAAQS when necessary. 

Accordingly, EPA is proposing to 

approve Mississippi’s infrastructure SIP 

submission with respect to section 

110(a)(2)(L). 

13. 110(a)(2)(M) Consultation/ 

Participation by Affected Local Entities 

Section 110(a)(2)(M) of the Act 

requires states to provide for the 

consultation with, and the participation 

of, local political subdivisions affected 

by the SIP, during the SIP development 

process. To meet this requirement, 

MDEQ cites to Mississippi Code Title 49 

section 49–17–17(c), which gives the 

Commission the statutory authority to 

advise and consult with any political 

subdivisions in the State. Additionally, 

Mississippi Code Title 49 section 49– 

17–19(b), requires that the Commission 

conduct public hearings in accordance 

with EPA regulations prior to 

establishing, amending, or repealing 

standards of air quality. Furthermore, 

MDEQ has demonstrated consultation 

with, and participation by, affected local 

entities through its work with local 

political subdivisions during the 

development of its Transportation 

Conformity SIP and has worked with 

the Federal Land Managers as a 

requirement of the regional haze rule. 

EPA has made the preliminary 

determination that Mississippi’s SIP 

submission and practices adequately 

demonstrate consultation with affected 

local entities related to the 2015 8-hour 

ozone NAAQS when necessary. 

Accordingly, EPA is proposing to 

approve Mississippi’s infrastructure SIP 

submission with respect to section 

110(a)(2)(M). 

V. Proposed Action 

With the exception of the visibility 

provisions of section 110(a)(2)(D)(i)(II) 

and PSD provisions related to major 

sources under sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II) (prong 3), and 

110(a)(2)(J), and the modeling provision 

of 110(a)(2)(K), EPA is proposing to 

approve Mississippi’s January 25, 2021, 

SIP submission for the 2015 8-hour 

ozone NAAQS for the above described 

infrastructure SIP requirements. 

Further, EPA is proposing to 

conditionally approve the portions of 

the 2015 8-hour Ozone NAAQS iSIP 

that address the PSD related 

requirements of CAA sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) (Prong 3), 

and 110(a)(2)(J), and the modeling 

requirements of 110(a)(2)(K). 

Mississippi submitted a separate 

submittal to address CAA section 

110(a)(2)(D)(i)(I)[prongs 1 and 2], and 

EPA is addressing that revision in a 

separate rulemaking. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Proposed Rules 42431 

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. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: July 11, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–15124 Filed 7–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL SCIENCE FOUNDATION 

45 CFR Part 620 

RIN 3145–AA64 

NSF Federal Cyber Scholarship-forService Program (CyberCorps® SFS) 

AGENCY: National Science Foundation. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The National Science 

Foundation (NSF), in consultation with 

the Secretary of Education, is proposing 

standards for how a CyberCorps® SFS 

scholarship would be repaid if a 

scholarship recipient fails to meet the 

program requirements, as well as the 

process to discharge the repayment 

obligation, in whole or in part, in 

certain circumstances. 

DATES: Interested parties should submit 

written comments on or before 

September 13, 2022 to be considered in 

the formation of the final rule. 

ADDRESSES: Submit comments in 

response to this proposed rule to the 

Federal eRulemaking portal at https://

www.regulations.gov. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. If your comment cannot 

be submitted using Regulations.gov, 

email the point of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Comments submitted in response to 

this document will be made publicly 

available and are subject to disclosure 

under NSF’s Freedom of Information 

Act regulations at 45 CFR part 612. For 

this reason, please do not include in 

your comments information of a 

confidential nature, such as sensitive 

personal information or proprietary 

information, or any information that you 

would not want publicly disclosed. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: 

William Grant, Assistant General 

Counsel, National Science Foundation, 

2415 Eisenhower Avenue, Alexandria, 

VA 22314; telephone: 703–292–8060; 

email: wgrant@nsf.gov. 

SUPPLEMENTARY INFORMATION: 

Background and Authority for This 

Proposed Rule 

The Cybersecurity Enhancement Act 

of 2014 (15 U.S.C. 7442), as amended by 

the National Defense Authorization Acts 

for 2018 and 2021, authorized NSF, in 

coordination with the U.S. Office of 

Personnel Management (OPM) and the 

U.S. Department of Homeland Security 

(DHS), to implement the CyberCorps®

SFS scholarship program to recruit and 

train the next generation of information 

technology professionals, industrial 

control system security professionals, 

and security managers to meet the needs 

of the cybersecurity mission for Federal, 

state, local, and tribal governments. 

Finding cybersecurity talent can be 

challenging for government 

organizations. This program helps 

hiring managers by providing 

scholarships to candidates from 

institutions with some of the top 

cybersecurity programs in the country. 

Special hiring authorities in 15 U.S.C. 

7442(e) allow Federal organizations, 

without regard to any provision of 

chapter 33 of title 5 governing 

appointments in the competitive 

service, to noncompetitively appoint 

SFS graduates. In addition, upon 

fulfillment of their service term, they 

may be converted noncompetitively to a 

term, career-conditional, or career 

appointment. If converted to a term 

appointment, an agency may later 

noncompetitively convert such 

employee to a career-conditional or 

career appointment before the term 

appointment expires. 

The CyberCorps® SFS program is led 

and managed by NSF in coordination 

with OPM and DHS. National Science 

Foundation oversees all aspects of the 

program, including: 

• Program solicitations, merit review 

process, site visits, grant awards, 

assessing progress via annual and final 

reports, managing financial functions, 

representing the program in interactions 

with Federal agencies and other 

organizations within the academic/ 

scientific communities; 

• Outreach to current and prospective 

CyberCorps® SFS grantee institutions 

and principal investigators (PIs); 

• Coordination with OPM via an 

annual reimbursable Inter-Agency 

Agreement (IAA) for student 

management; 


jspears on DSK121TN23PROD with PROPOSALS1