[Federal Register Volume 75, Number 243 (Monday, December 20, 2010)]
[Rules and Regulations]
[Pages 79300-79302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31893]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0041-201058; FRL-9241-1]
Approval and Promulgation of Implementation Plans; Mississippi;
Prevention of Significant Deterioration Rules: Nitrogen Oxides as a
Precursor to Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a portion of a revision
to the Mississippi State Implementation Plan (SIP), submitted by the
Mississippi Department of Environmental Quality (MDEQ), to EPA on
November 28, 2007. The revision amends Mississippi's prevention of
significant deterioration (PSD) permitting regulations in the SIP to
address permit requirements promulgated in the 1997 8-Hour Ozone
National Ambient Air Quality Standards (NAAQS) Implementation Rule-
Phase II (hereafter referred to as the ``Ozone Implementation New
Source Review (NSR) Update''). The Ozone Implementation NSR Update
revised permit requirements relating to the implementation of the 1997
8-hour ozone NAAQS specifically incorporating nitrogen oxides
(NOX) as a precursor to ozone. EPA's approval of
Mississippi's provisions to include NOX as an ozone
precursor into the Mississippi SIP is based on EPA's determination that
Mississippi's SIP revision related to these provisions complies with
Federal requirements.
DATES: Effective Date: This rule will be effective January 19, 2011.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0041. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the
Mississippi SIP, contact Ms. Twunjala Bradley, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Telephone number: (404) 562-
9352; e-mail address: [email protected]. For information
regarding NSR/PSD, contact Ms. Yolanda Adams, Air Permits Section, at
the same address above. Telephone number: (404) 562-9214; e-mail
address: [email protected]. For information regarding 8-hour ozone
NAAQS, contact Ms. Jane Spann, Regulatory Development Section, at the
same address above. Telephone number: (404) 562-9029; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Today's Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million--also referred to as the 1997 8-hour ozone
NAAQS. On April 30, 2004, EPA designated areas as attainment,
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. As
part of the 2004 designations, EPA also promulgated an implementation
rule for the 1997 8-hour ozone NAAQS in two phases. Phase I of EPA's
1997 8-hour ozone implementation rule (Phase 1 Rule), published on
April 30, 2004, and effective on June 15, 2004, provided the
implementation requirements for designating areas under subpart 1 and
subpart 2 of the CAA. 69 FR 23857.
On November 29, 2005, EPA promulgated the second phase for
implementation provisions related to the 1997 8-hour ozone NAAQS which
finalized regulations to implement the 8-hour NAAQS for PSD permitting
purposes--also known as the Phase II Rule. 70 FR 71612. The Phase II
Rule addressed control and planning requirements as they applied to
areas
[[Page 79301]]
designated nonattainment for the 1997 8-hour ozone NAAQS which included
NSR requirements. Specific to this rulemaking, the Phase II Rule made
changes to Federal regulations 40 CFR 51.165, 51.166, and 52.21, which
govern the nonattainment (NNSR) and PSD permitting programs. The
revisions to the NSR permitting requirements in the Phase II Rule are
also known as the Ozone Implementation NSR Update.
Specifically, the Phase II Rule requirements included, among other
changes, a new provision stating that NOX is an ozone
precursor. 70 FR 71612 at 71679 (November 29, 2005). In the Phase II
Rule, EPA stated as follows:
``The EPA has recognized NOX as an ozone precursor in
several national rules because of its contribution to ozone
transport and the ozone nonattainment problem. The EPA's recognition
of NOX as an ozone precursor is supported by scientific
studies, which have long recognized the role of NOX in
ozone formation and transport. Such formation and transport is not
limited to nonattainment areas. Therefore, we believe NOX
should be treated consistently as an ozone precursor in both our PSD
and nonattainment NSR regulations. For these reasons we have
promulgated final regulations providing that NOX is an
ozone precursor * * *''
In the Phase II Rule, EPA established that States must submit SIPs
incorporating required changes (including the addition of
NOX as a precursor for ozone) no later than June 15, 2007.
See 70 FR 71612 at 71683.
On November 28, 2007, the State of Mississippi, through MDEQ,
submitted a SIP revision to EPA for approval, which revised the PSD
permitting regulations in order to comply with the Phase II Rule. This
revision incorporates by reference EPA's Federal regulations specified
in the Ozone Implementation NSR Update relating to NOX as an
ozone precursor. Specifically, the SIP revision amends Mississippi's
Air Quality Regulations, Air Pollution Control, Section 5 (APC-S-5)--
``Regulations for the Prevention of Significant Deterioration of Air
Quality.'' Mississippi's November 28, 2007, SIP submittal revises the
PSD regulations at APC-S-5 by updating their IBR date of Federal
regulations promulgated in 40 CFR 52.21. This final action addresses
only one portion of the November 28, 2007, submittal--the Ozone
Implementation NSR Update requirements, as contained in 40 Code of
Federal Regulations (CFR) 52.21 and promulgated on November 29, 2005,
as part of EPA's Ozone Implementation NSR Update.
Also included in Mississippi's November 28, 2007, SIP revision were
two provisions for which EPA is not taking action at this time. The
first provision is regarding Mississippi's incorporation by reference
of provisions promulgated by EPA on May 1, 2007, which excludes from
the NSR major source permitting requirements ``chemical process
plants'' that produce ethanol through a natural fermentation process.
EPA may consider further action for the aforementioned provision in a
future rulemaking. The second is Mississippi's compliance with Section
110(a)(2)(D)(i) of the CAA regarding interstate air pollution transport
for the 1997 8-hour ozone and fine particulate matter NAAQS as it
pertains to the prevention of significant deterioration of air quality
and visibility. EPA is also not addressing Mississippi's submission
regarding interstate transport in today's action.
II. Today's Action
Mississippi's November 28, 2007, SIP revision to APC-S-5
incorporates by reference the provisions at 40 CFR 52.21 as amended and
promulgated as of June 15, 2007, and updates Mississippi's existing
incorporation by reference of the Federal NSR program to include the
NOX as an ozone precursor Federal provisions set forth in
the Phase II Rule. EPA has determined that Mississippi's SIP revision,
which became State-effective on September 24, 2007, meets the
requirements of the Phase II Rule and is consistent with section 110 of
the CAA.
On October 7, 2010, EPA published a rulemaking proposing to approve
the aforementioned revision into the Mississippi SIP. 75 FR 62024. The
comment period closed on November 13, 2010, and no comments, adverse or
otherwise, were received. Details regarding the November 28, 2007, SIP
revision are discussed in the proposed rulemaking and describe the
basis on which EPA is now taking final action on the Mississippi SIP
revision.
III. Final Action
Pursuant to Section 110 of the CAA, EPA is taking final action to
approve Mississippi's November 28, 2007, SIP revision, which
incorporates NOX as an ozone precursor for PSD purposes into
the Mississippi SIP. The revision included in Mississippi's PSD
permitting program is equivalent to the provision in the Ozone
Implementation NSR Update. EPA is approving these revisions into the
Mississippi SIP because they are consistent with Section 110 CAA and
its implementing regulations.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
[[Page 79302]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 18, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, and Volatile organic
compounds.
Dated: December 8, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart Z--Mississippi
0
2. Section 52.1270 (c) is amended by revising the entry for ``APC-S-5''
to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Mississippi Regulations
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State citation Title/subject State effective date EPA approval date Explanation
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* * * * * * *
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APC-S-5--Regulations for the Prevention of Significant Deterioration of Air Quality
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All................................ ..................... 9/24/2007............ 12/20/10 [Insert APC-S-5 incorporates by reference the
citation of regulations found at 40 CFR 52.21 as of June
publication]. 15, 2007; This EPA action is approving the
incorporation by reference with the exception
of the phrase ``except ethanol production
facilities producing ethanol by natural
fermentation under the North American
Industry Classification System (NAICS) codes
325193 or 312140,'' APC-S-5 incorporated by
reference from 40 CFR 52.21(b)(1)(i)(a) and
(b)(1(iii)(t). APC-S-5.
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[FR Doc. 2010-31893 Filed 12-17-10; 8:45 am]
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