[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Proposed Rules]
[Pages 42424-42431]
[FR Doc No: 2022-15124]

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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.

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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/commenting-epa-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 [email protected].

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\
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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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    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),

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.
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    \2\ 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 in other states. EPA will address the
interstate transport provisions of section 110(a)(2)(D)(i)(I)
through a separate rulemaking.
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    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.
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    \3\ 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 and EPA will issue a
finding of 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).\4\
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    \4\ 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 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).

 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\
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    \5\ EPA 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).
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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.\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.
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    \6\ 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
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
SIP-approved 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.
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    \7\ Mississippi 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.
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    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.
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    \8\ On occasion, proposed changes to the monitoring network are
evaluated outside of the network plan approval process in accordance
with 40 CFR part 58.
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    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 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
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 sub-element 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 SIP-approved 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-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 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.
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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 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, 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\
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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 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 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
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

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-nei-data.
    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

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 SIP-approved 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 SIP-approved 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

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.3. concerning 110(a)(2)(C)
above, the most current version of 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
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 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.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

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


[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Page 17029]
[FR Doc No: 2023-05770]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2023-0007]

National Advisory Committee on Occupational Safety and Health
(NACOSH) Heat Injury and Illness Prevention Work Group: Notice of
Meeting

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of NACOSH Heat injury and Illness Prevention Work Group
meeting.

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SUMMARY: The National Advisory Committee on Occupational Safety and
Health (NACOSH) Heat Injury and Illness Prevention Work Group will meet
April 27, 2023, by WebEx.

DATES: The NACOSH Heat Injury and Illness Prevention Work Group (Heat
Work Group) will meet from 2:00 p.m. to 4:00 p.m., ET, April 27, 2023.

ADDRESSES:
    Registration: Persons wishing to attend the meeting must register
via the registration link on the NACOSH web page at https://www.osha.gov/advisorycommittee/nacosh. Upon registration, attendees
will receive a Webex link for remote access to the meeting.
    Requests for special accommodations: Submit requests for special
accommodations, including translation services, for this NACOSH
workgroup meeting by April 17, 2023, to Ms. Christie Garner,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone:<PHONE_NUMBER>; email: [email protected].
    Docket: To read or download documents in the public docket for this
NACOSH meeting, go to www.regulations.gov. All documents in the public
docket are listed in the index; however, some documents (e.g.,
copyrighted material) are not publicly available to read or download
through www.regulations.gov. All submissions, including copyrighted
material, are available for inspection through the OSHA Docket Office.
Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>)
for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT:
    For press inquiries: Mr. Frank Meilinger, Director, OSHA Office of
Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email: [email protected].
    For general information about NACOSH: Ms. Lisa Long, Deputy
Director, Directorate of Standards and Guidance, OSHA, U.S. Department
of Labor; telephone:<PHONE_NUMBER>; email: [email protected].
    Telecommunication requirements: For additional information about
the telecommunication requirements for the meeting, please contact Ms.
Christie Garner, Directorate of Standards and Guidance, OSHA, U.S.
Department of Labor; telephone:<PHONE_NUMBER>; email:
[email protected].
    For copies of this Federal Register Notice: Electronic copies of
this Federal Register notice are available at www.regulations.gov. This
notice, as well as news releases and other relevant information, are
also available at OSHA's web page at https://www.osha.gov/advisorycommittee/nacosh.

SUPPLEMENTARY INFORMATION:

I. Background

    NACOSH was established by section 7(a) of the Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651, 656) to advise,
consult with, and make recommendations to the Secretary of Labor and
the Secretary of Health and Human Services on matters relating to the
administration of the OSH Act. NACOSH is a continuing advisory
committee of indefinite duration.
    NACOSH operates in accordance with the Federal Advisory Committee
Act (FACA) (5 U.S.C. app.2), its implementing regulations (41 CFR part
102-3), and OSHA's regulations on NACOSH (29 CFR 1912.5 and 29 CFR part
1912a).
    The establishment of subcommittees and subgroups, such as the
NACOSH Heat Work Group, is contemplated by both the FACA's implementing
regulations and OSHA's regulations on NACOSH (see, e.g., 41 CFR 102-
3.135; 29 CFR 1912a.13). The Heat Work Group will operate in accordance
with the FACA and these regulations.

II. Meeting Information

    Public attendance will be virtual only. Meeting information will be
posted in the Docket (Docket No. OSHA-2023-0007) and on the NACOSH web
page, https://www.osha.gov/advisorycommittee/nacosh, prior to the
meeting. Members of the public may attend the NACOSH Heat Work Group
meeting. However, any participation by the public will be in listen-
only mode. OSHA is not receiving public comments or requests to speak
at the Heat Work Group meeting.
    The NACOSH Heat Illness and Injury Prevention Work Group (Heat Work
Group) will meet from 2:00 p.m. to 4:00 p.m., ET on April 17, 2023.
    Meeting agenda: The tentative agenda for this meeting includes:
     Recommendations on Potential Elements of Heat Injury and
Illness Prevention Rulemaking
     Discussion of presentation to NACOSH

Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, authorized the preparation of this
notice under the authority granted by 29 U.S.C. 655(b)(1) and 656(b), 5
U.S.C. App. 2, 29 CFR parts 1912 and 1912a, and Secretary of Labor's
Order No. 8-2020 (85 FR 58393).

    Signed at Washington, DC, on March 16, 2023.
James S. Frederick,
Deputy Assistant Secretary for Occupational Safety and Health.
[FR Doc. 2023-05770 Filed 3-20-23; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Proposed Rules]
[Pages 33590-33592]
[FR Doc No: 2020-11524]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0365; Airspace Docket No. 20-ASW-4]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Harrison, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E surface airspace, and
Class E airspace extending upward from 700 feet above the surface at
Boone County Airport, Harrison, AR, due to the decommissioning of the
(HRO) RWY 36 Outer Marker (OM) and Compass

Locator and cancellation of associated approaches. Controlled airspace
is necessary for the safety and management of instrument flight rules
(IFR) operations in the area. This action also would update the
airport's designator by removing the city from the second line of the
header.

DATES: Comments must be received on or before July 17, 2020.

ADDRESSES: Send comments on this proposal to: The U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify the
Docket No. FAA-2020-0365; Airspace Docket No. 20-ASW-4, at the
beginning of your comments. You may also submit comments through the
internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace at Boone County Airport, Harrison,
AR to support IFR operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2020-0365 and Airspace Docket No. 20-ASW-4) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number.) You may also submit comments through the
internet at https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2020-0365; Airspace Docket No. 20-ASW-4.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to amend Class E surface airspace, by
removing the southern extension, and Class E airspace extending upward
from 700 feet above the surface, by amending the southern extension and
eliminating the northwest extension, at Boone County Airport, Harrison,
AR, due to the decommissioning of the (HRO) RWY 36 Outer Marker (OM)
and Compass Locator. The FAA found that BAKKY NDB has been
decommissioned, and the Harrison VOR approach no longer exists. This
results in airspace redesign for Boone County Airport. In addition, the
FAA proposes to update the airport's descriptor by removing the
unnecessary city name. Also, the FAA proposes to replace the outdated
term Airport/Facility Directory with the term Chart Supplement.
    Class E airspace designations are published in Paragraphs 6002, and
6005, respectively of FAA Order 7400.11D, dated August 8, 2019, and
effective September 15, 2019, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant

regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
Regulatory Evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11D, Airspace Designations and Reporting
Points, dated August 8, 2019, and effective September 15, 2019, is
amended as follows:

Paragraph 6002 Class E Surface Airspace.

* * * * *

ASW AR E2 Harrison, AR

Boone County Airport, AR
    (Lat. 36[deg]15'41'' N, long. 93[deg]09'17'' W)

    That airspace within a 4.3-mile radius of Boone County Airport.
This Class E airspace area is effective during the specific dates
and times established in advance by a Notice to Airmen. The
effective date and time will thereafter be continuously published in
the Chart Supplement.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASW AR E5 Harrison, AR

Boone County Airport, AR
    (Lat. 36[deg]15'41'' N, long. 93[deg]09'17'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Boone County Airport and within 4-miles
each side of the 183[deg] bearing from the airport extending form
the 6.8-mile radius to 11.7 miles south of the airport.

    Issued in College Park, Georgia, on May 22, 2020.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2020-11524 Filed 6-1-20; 8:45 am]
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