Proposed Rule2022-27868
Air Plan Approval; Mississippi; PSD and Air Quality Modeling Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standards
Primary source
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Published
December 23, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to conditionally approve portions of a State Implementation Plan (SIP) submission provided by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), via a letter dated January 25, 2021, and supplemented through a letter dated November 18, 2022. 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 of the NAAQS in other states. 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.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Proposed Rules]
[Pages 78896-78900]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27868]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0947; FRL-10473-01-R4]
Air Plan Approval; Mississippi; PSD and Air Quality Modeling
Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve portions of a State Implementation Plan (SIP)
submission provided by the State of Mississippi, through the
Mississippi Department of Environmental Quality (MDEQ), via a letter
dated January 25, 2021, and supplemented through a letter dated
November 18, 2022. 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 of
the NAAQS in other states. 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.
DATES: Comments must be received on or before January 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0947 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#751914071a1616145b061407141d351005145b121a03"><span class="__cf_email__" data-cfemail="2a464b584549494b04594b584b426a4f5a4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
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
related to prevention of significant deterioration and modeling?
A. Section 110(a)(2)(C)--Programs for Enforcement of Control
Measures and for Construction or Modification of Stationary Sources
B. Sections 110(a)(2)(D)(i)(I) and (II)--Interstate Pollution
Transport
C. Section 110(a)(2)(J)--Consultation With Government Officials,
Public Notification, PSD, and Visibility Protection
D. Section 110(a)(2)(K)--Air Quality Modeling and Submission of
Modeling Data
[[Page 78897]]
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On October 1, 2015, EPA promulgated 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\
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\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).
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EPA is proposing to conditionally approve portions of Mississippi's
January 25, 2021, SIP revision as supplemented on November 18, 2022,\2\
provided to EPA through the MDEQ for the applicable requirements of the
2015 8-hour ozone NAAQS regarding 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 element of section
110(a)(2)(K).\3\ Separately, EPA took final action on the remaining
elements of Mississippi's January 25, 2021, SIP revision with the
exception of the visibility protection provisions of section
110(a)(2)(D)(i)(II).\4\ EPA will consider the portion of Mississippi's
January 25, 2021, SIP revision that addresses the visibility protection
provisions in a separate rulemaking.
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\2\ On November 21, 2022, Mississippi submitted a letter, dated
November 18, 2022, related to its request for 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 element of section 110(a)(2)(K). This letter is in
the docket for this proposed rulemaking.
\3\ On 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 of the NAAQS in other states. EPA will
address the interstate transport provisions of section
110(a)(2)(D)(i)(I) through a separate rulemaking.
\4\ See 87 FR 57832 (September 22, 2022).
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As part of the January 25, 2021, SIP submission, as supplemented on
November 18, 2022, Mississippi requested conditional approval of the
PSD provisions related to major sources under CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), and 110(a)(2)(J) and the air quality
modeling elements under section 110(a)(2)(K).\5\ Related to its request
for conditional approval, Mississippi provided a written commitment
under CAA section 110(k)(4) 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 addressing sections
110(a)(2)(C), 110(a)(2)(D)(i)(II), 110(a)(2)(J), and 110(a)(2)(K)
related to the PSD program and air quality modeling.
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\5\ Under 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.
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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).\6\
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\6\ Two 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 this 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).
<bullet> 110(a)(2)(A): Emission Limits and Other Control Measures
<bullet> 110(a)(2)(B): Ambient Air Quality Monitoring/Data System
<bullet> 110(a)(2)(C): Programs for Enforcement of Control Measures and
for Construction or Modification of Stationary Sources
<bullet> 110(a)(2)(D)(i)(I) and (II): Interstate Pollution Transport
(broken down into four separate Prongs)
<bullet> 110(a)(2)(D)(ii): Interstate Pollution Abatement and
International Air Pollution
<bullet> 110(a)(2)(E): Adequate Resources and Authority, Conflict of
Interest, and Oversight of Local Governments and Regional Agencies
<bullet> 110(a)(2)(F): Stationary Source Monitoring and Reporting
<bullet> 110(a)(2)(G): Emergency Powers
<bullet> 110(a)(2)(H): SIP Revisions
<bullet> 110(a)(2)(I): Plan Revisions for Nonattainment Areas
<bullet> 110(a)(2)(J): Consultation with Government Officials, Public
Notification, and PSD and Visibility Protection
[[Page 78898]]
<bullet> 110(a)(2)(K): Air Quality Modeling and Submission of Modeling
Data
<bullet> 110(a)(2)(L): Permitting Fees
<bullet> 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.\7\
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\7\ EPA explains and elaborates on these ambiguities and its
approach to address them in its 2013 Guidance (available at <a href="https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf">https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf</a>), as well as in numerous agency actions including EPA's prior
actions on Mississippi infrastructure SIPs such as the action to
address the 2012 PM<INF>2.5</INF> NAAQS. See 81 FR 36848 (June 8,
2016).
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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 state's implementation of its
SIP.\8\ EPA has other authority to address any issues concerning a
state's implementation of the rules, regulations, consent orders, etc.
that comprise its SIP.
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\8\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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IV. What is EPA's analysis of how Mississippi addressed the elements of
the section 110(a)(1) and (2) ``infrastructure'' provisions related to
prevention of significant deterioration and modeling?
A. Section 110(a)(2)(C)--Programs for Enforcement of Control Measures
and for Construction or Modification of Stationary Sources
This element consists of three sub-elements: 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 PSD program). Mississippi's 2015 8-hour ozone NAAQS infrastructure
SIP submission cites to several SIP-approved provisions to address
these requirements. Through a separate rulemaking, EPA has already
taken final action to approve all but the PSD program sub-element.
EPA's rationale for this proposed action regarding the PSD program sub-
element is described below.
For the 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-
to-date 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
110(a)(2)(D)(i)(II) and 110(a)(2)(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 several SIP-approved provisions to address PSD
program sub-element of section 110(a)(2)(C) as described below.
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\9\ See EPA's 2013 Guidance.
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Mississippi's January 25, 2021, iSIP submission cites to two
separate SIP-approved regulations. Specifically, Mississippi cites to
11 MAC, Part 2, Chapter 5 and portions of Chapter 2. These SIP-approved
regulations provide that any 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, 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\
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\10\ EPA approved the most recent version of Appendix W on
January 17, 2017, at 82 FR 5182.
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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 110(a)(2)(D)(i)(II) and 110(a)(2)(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, as supplemented on
November 18, 2022, related to the PSD element of section 110(a)(2)(C).
B. Sections 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, contained 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 from interfering with
maintenance of the NAAQS in another state (``prong 2''). The third and
fourth prongs, contained in section 110(a)(2)(D)(i)(II), are provisions
that prohibit emissions activity in one state from interfering with
measures required in another state to prevent significant deterioration
of air quality (``prong 3'') or to protect visibility (``prong 4'').
1. 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.
2. 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
in another state to prevent significant deterioration of air quality.
With regard to prong 3 of section 110(a)(2)(D)(i)(II), a state may meet
this requirement by a confirmation in its infrastructure SIP
[[Page 78899]]
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.A concerning section
110(a)(2)(C) above, Mississippi's SIP-approved 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, as supplemented on
November 18, 2022, 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).
C. Section 110(a)(2)(J)--Consultation With Government Officials, Public
Notification, 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. Through a previous rulemaking, EPA
has approved all but the PSD element for section 110(a)(2)(J) from
Mississippi's January 25, 2021, SIP revision. EPA's rationale for
proposed action regarding the PSD element for section 110(a)(2)(J) sub-
element is described below.
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 SIP submission, that the state has a
SIP-approved 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 SIP-approved 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 federally approved PSD permitting program under
part C of title I of the CAA.
However, as described in section IV.A concerning section
110(a)(2)(C) above, Mississippi's SIP-approved 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, as supplemented on
November 18, 2022, 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.
EPA has made the preliminary determination that Mississippi's SIP
and practices are adequate to meet the PSD requirements of section
110(a)(2)(J) 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)(J).
D. Section 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. Section 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 SIP-approved 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.A concerning
110(a)(2)(C) above, 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, as
supplemented on November 18, 2022, 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).
V. Proposed Action
For the reasons stated herein, 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). With the exception of the visibility
provisions, EPA has already taken final action on the remainder of
Mississippi's January 25, 2021, SIP revision. EPA will consider
Mississippi's visibility provisions in the January 25, 2021, SIP
revision through a future rulemaking.
VI. 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. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a
[[Page 78900]]
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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: December 16, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-27868 Filed 12-22-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 23, 2022.
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