[Federal Register Volume 75, Number 194 (Thursday, October 7, 2010)]
[Proposed Rules]
[Pages 62024-62026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25309]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2009-0041-200902; FRL-9211-4]
Approval and Promulgation of Implementation Plans; State of
Mississippi: Prevention of Significant Deterioration Rules: Nitrogen
Oxide as a Precursor to Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing 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 modifies 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. Specifically, this SIP
revision incorporates by reference the Ozone Implementation NSR Update
federal regulations into the Mississippi SIP through Air Pollution
Control Section 5 (APC-S-5) ``Regulations for the Prevention of
Significant Deterioration of Air Quality.'' EPA's approval of
Mississippi's incorporation by reference of the Ozone Implementation
NSR Update federal regulations, including provisions to recognize
NOX as an ozone precursor, into the Mississippi SIP, is
based on EPA's determination that Mississippi's revision related to
these provisions complies with current Federal requirements and section
110 of the Clean Air Act (CAA).
EPA is not taking action on two portions of Mississippi's November
28, 2007 submittal. The first is regarding Mississippi's incorporation
by reference of provisions promulgated by EPA on May 1, 2007, which
exclude from the NSR major source permitting requirements ``chemical
process plants'' that produce ethanol through a natural fermentation
process (hereafter referred to as the ``Ethanol Rule''). See 72 FR
24060. EPA may consider further action
[[Page 62025]]
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.
DATES: Comments must be received on or before November 8, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0041, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2009-0041, 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.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
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. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2009-0041.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in 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. What action is EPA proposing today?
II. What is the background for the action that EPA is proposing
today?
III. What is EPA's analysis of Mississippi's SIP revision?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. What action is EPA proposing today?
EPA is proposing to revise the Mississippi SIP to include the
portion of Mississippi's November 28, 2007, SIP revision which
incorporates by reference the Ozone Implementation NSR Update into
Mississippi's Air Quality Regulations, APC-S-5 ``Regulations for the
Prevention of Significant Deterioration.'' This revision is consistent
with current Federal NSR requirements (40 CFR 52.21 and the Ozone
Implementation NSR Update) relevant to NOX as an ozone
precursor and section 110 of the CAA. The revision, which became state-
effective on September 24, 2007, is incorporated by reference into
Mississippi's PSD program, and EPA has preliminarily determined that
the incorporation by reference of NOX as an ozone precursor
meets the requirements of the Ozone Implementation NSR Update.
II. What is the background for the action that EPA is proposing today?
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.
Related to 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 I Rule),
published on April 30, 2004, effective on June 15, 2004, addresses
classifications for the 8-hour ozone NAAQS, revocation of the 1-hour
ozone NAAQS, anti-backsliding principles, attainment dates and timing
of emissions reductions needed for attainment. See 69 FR 23857.
On November 29, 2005, EPA promulgated the second phase for the
implementation provisions related to the 1997 8-hour ozone standards--
also known as the Phase II Rule. See 70 FR 71612. The Phase II Rule
addresses the remaining control and planning requirements as they apply
to areas
[[Page 62026]]
designated nonattainment for the 1997 8-hour ozone NAAQS which include
NSR requirements. Specific to this rulemaking, the Phase II Rule made
changes to Federal regulations found at 40 CFR 51.165, 51.166 and
52.21, which govern the nonattainment NSR and PSD permitting
programs.\1\ Specifically, the Phase II Rule requirements include among
other changes, a provision stating that NOX is an ozone
precursor. 70 FR 71612, (page 71679) (November 29, 2005). In the Phase
II Rule, EPA stated as follows:
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\1\ These changes included amendments to major source thresholds
for sources in certain classes of nonattainment areas, changes to
offset ratios for marginal, moderate, serious, severe, and extreme
ozone nonattainment areas, provisions addressing offset requirements
for facilities that shut down or curtail operation, and a
requirement stating that NOX emissions are ozone
precursors.
``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
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ozone precursor in attainment areas.''
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 (page 71683).
III. What is EPA's analysis of Mississippi's SIP revision?
On November 28, 2007, the State of Mississippi, through MDEQ,
submitted a revision to EPA for approval, which revised the PSD
program. 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 revision is
found in Mississippi's Air Quality Regulations, APC-S-5 ``Regulations
for the Prevention of Significant Deterioration.'' The submittal
revised Mississippi's PSD program to include NOX as a
precursor to ozone for PSD permitting, consistent with changes to the
Federal regulations set forth in the Ozone Implementation NSR Update.
Mississippi's November 28, 2007 SIP revision incorporates by reference
the federal PSD regulations (at 40 CFR 52.21) to include the Ozone
Implementation NSR Update rules and additional subsequent revisions to
the federal program made through July 15, 2007. Currently, the State of
Mississippi is in attainment for all the NAAQS and all major sources
are subject to the PSD permitting program in the Mississippi SIP which
incorporates by reference 40 CFR 52.21. Today's action only relates to
the portion of Mississippi's SIP revision which incorporates by
reference the federal provisions related to NOX as an ozone
precursor.
The Mississippi NOX as an ozone precursor PSD language
was incorporated by reference and is identical to the Federal PSD
requirements. The SIP revision is consistent with the CAA because it
adds NOX as a precursor to ozone and is consistent with
federal requirements. Therefore, EPA has preliminarily determined that
the Mississippi PSD provisions to include NOX as an ozone
precursor are approvable.
IV. Proposed Action
Pursuant to section 110 of the CAA, EPA is proposing to approve the
portion of Mississippi's SIP revision submitted November 28, 2007,
which incorporates by reference NOX as an ozone precursor
for PSD purposes into the Mississippi SIP. EPA is proposing to approve
these revisions because they are consistent with the CAA and its
implementing regulations.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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
proposed 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 proposed 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 proposed 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, and Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 22, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-25309 Filed 10-6-10; 8:45 am]
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