[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22786]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MS-16-1-5988a; FRL-5070-4]

 

Approval and Promulgation of Implementation Plans Revision to New 
Source Review, Construction and Operating Permit Requirements, 
Mississippi

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.
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ENVIRONMENTAL PROTECTION AGENCY
SUMMARY: The EPA is approving revisions to the Mississippi State 
Implementation Plan (SIP), incorporating the State's changes to 
regulations for construction of new sources. Requirements for 
Prevention of Significant Deterioration are unchanged. These changes 
include provisions for public participation and public availability of 
information concerning applications for construction permits. These 
revisions were made to satisfy the requirements for issuing federally 
enforceable minor source construction permits. Also, the State has 
revised requirements for new or modified sources significantly 
impacting nonattainment areas by removing exemptions for certain source 
categories. The EPA interprets the provisions for ``II. D. Permit 
Modification Due to Modification in Facilities'' and ``II. E. 
Modification of Permits Without Modification of Facilities'' as not 
allowing permit relaxations without meeting the procedural and 
substantive requirements for a new permit to construct.

DATES: This final rule will be effective November 14, 1994 unless 
adverse or critical comments are received by October 17, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region 
IV address listed below. Copies of the material submitted by the State 
of Mississippi may be examined during normal business hours at the 
following locations:

    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington DC 
20460.
    Environmental Protection Agency, Region IV Air Programs Branch, 345 
Courtland Street NE., Atlanta, Georgia 30365.
    Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Quality Division, 2380 Highway 80 West Jackson, 
Mississippi 39289-0385.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
and Development Section, Air Programs Branch, Stationary Source 
Planning Unit, Region IV, U.S. Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365, (404)347-3555 extension 
4195.

SUPPLEMENTARY INFORMATION: On June 14, 1991, the State of Mississippi 
through the Department of Environmental Quality (DEQ) submitted a SIP 
revision incorporating changes in the State's New Source Review (NSR) 
program for permitting the construction of new sources. The revisions 
amend the State's permitting regulations APC-S-2 ``Regulations for the 
construction and/or Operation of Air Emissions Equipment'' to 
incorporate ``moderate stationary sources'' into the existing 
regulations which are required in 40 CFR part 51, subpart I. The State 
of Mississippi has defined certain synthetic minor sources (i.e. those 
sources which have voluntarily requested lowered emission or 
operational levels which may allow them to avoid being classified as a 
major stationary source) as ``moderate stationary sources'' and has 
incorporated the requirements for these sources into the State 
regulations. The submittal satisfies 40 CFR 51.160 because section 
VI.A. provides that a new or modified source must not cause a violation 
of any applicable rule or regulation (including provisions of the SIP) 
and must not interfere with attainment and maintenance of the National 
Ambient Air Quality Standard.
    The Mississippi Department of Environmental Quality developed 
regulations to issue federally enforceable construction permits to 
minor sources so that any of these sources which would otherwise have 
the potential to emit greater than the applicability threshold for 
Prevention of Significant Deterioration (PSD) may be legally permitted 
below that threshold. The State's NSR permit and operating permit 
programs meet the requirements for new operating permit programs based 
on the criteria established in the June 28, 1989 Federal Register (54 
FR 27274).
    The major amendments to the SIP are:

    (1) The entire submittal has been renumbered.
    (2) Several definitions relating to PSD have been added that are 
consistent with Federal requirements. The added definitions are:

a. Incorporated by reference.
b. Corporate Officer.
c. DEQ.
d. Moderate Modification.
e. Moderate Stationary Source.
f. Modification.
g. Potential emissions increase.
h. Potential uncontrolled emissions.

    (3) General Permit Requirements.

a. The section ``General Permit Requirements,'' has been reworded to 
include a description of the types of permits that the permit board 
will issue.
b. The section ``Tolerance Permits'' has been deleted.
c. The section ``Transfer of Permits'' has been moved and changed to 
Permit Transfers. The section on Permit Transfers defines transfer 
and sets the parameters in which a transfer would be approved by the 
Permit Board.
d. The section ``Preliminary Information Requirements,'' has been 
deleted.

    (4) General Standards Applicable To All Permits.

a. The section ``General Standards Applicable To All Permits,'' has 
been added and lists all of the applicable regulations that must be 
met in order to receive a permit.
b. The section ``General Provisions,'' has been added and covers 
information that must be submitted to the Permit Board before a 
permit can be issued.
c. The section ``Permit Suspension or Revocation,'' has been edited 
to better explain the various reasons that a permit can be suspended 
or revoked.
d. The sections ``Permit Modification Due to Modification of 
Facilities'' and ``Modification of Permits Without Modification of 
Facilities'' have been added and explain when a facility may modify 
its permit.

    (5) Standards For Granting Permit To Operate An Existing Facility.

The section ``Standards for Granting Permit To Operate,'' has been 
re-titled ``Standards For Granting Permit To Operate An Existing 
Facility'' and has several changes reflecting the renumbering of the 
submittal.
    (6) Application For Permit To Construct And Permit To Operate New 
Facility.

The section ``Application For Permit To Construct And Permit To 
Operate New Facility'' has been amended and specifies the 
requirements for an application for a permit to construct and 
operate.
    (7) Public Participation and Public Availability of Information.

The section ``Public Participation and Public Availability of 
Information'' is a new section and provides the public information 
and participation procedures on any application for a permit to 
construct.
    (8) Application Review.

a. The section ``Standards for Approving an Application for a Permit 
to Construct and a Permit to Operate a New Facility'' has been 
modified and provides the substantive requirements for such permits.
b. The section ``Air Quality Models'' is a new section that explains 
when and which Air Quality Models may be used.
c. The section ``Additional Requirements for Prevention of 
Significant Deterioration of Air Quality'' has been removed.
d. The section ``Performance Evaluation Permit'' has been removed.
e. The section ``Performance Testing'' is modified to explain 
methods to be used for various types of testing.
f. The sections ``Procedures For Renewal of Permit to Operate'' and 
``Standards for Renewal of Permit to Operate'' are new sections that 
give details on the procedures and standards for the renewal of a 
Permit to Operate.
g. The section ``Emission Reporting,'' is a new section and explains 
the requirements for appropriate record maintenance.

    On March 14, 1994, EPA received comments from the Office of General 
Counsel (OGC) concerning the State's definition of moderate 
modification. The OGC recommended that the State Attorney General 
clarify whether the ``potential emissions increase'' applies only to 
the particular change (i.e., the addition or modification of a unit) or 
to the potential emissions of the entire facility, including the 
change. In a letter dated June 21, 1994, the office of the Mississippi 
Attorney General responded to the issue stating, ``The definition of 
'moderate modification' is a modification which would constitute a 
major modification under...(PSD Regulations)...if the potential 
emissions increase was used in place of the net emissions increase...'' 
The definitions of ``major modification'' and ``net emissions 
increase'' are adopted by reference from EPA's PSD rules and are 
therefore the same.
    Since ``net emissions increase'' is defined to include the entire 
facility and not just the particular change by the PSD rules, the 
``potential emissions increase'' applies to the potential emissions 
increase of the entire facility.

Final Action

    EPA is approving the aforementioned revisions in this submittal. 
The EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective November 14, 1994 unless, by October 17, 1994, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective November 14, 1994.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by November 
14, 1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2)).
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214092225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. The 
USEPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. OMB has agreed to continue the temporary waiver 
until such time as it rules on EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 2560966 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation 
by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: September 1, 1994.
Joe R. Franzmathes,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401097671q.

Subpart Z--Mississippi

    2. Section 52.1270 is amended by adding paragraph (c)(24) to read 
as follows:


Sec. 1A52.1270  Identification of plan.

* * * * *
    (c) * * *
    (24) The Mississippi Department of Environmental Quality submitted 
revisions on June 14, 1991, to ``Permit Regulations for the 
construction and/or Operation of Air Emissions Equipment'' of 
Regulation APC-S092. These revisions incorporate ``moderate stationary 
sources'' into the existing regulations which are required in 40 CFR 
part 51, subpart I.
    (i) Incorporation by reference.
    (A) Mississippi Commission on Environmental Quality Permit 
Regulations for the Construction and/or Operation of Air Emissions 
Equipment, Regulation APC-S092, effective on May 28, 1991.
    (B) Letter of June 21, 1994, from the Mississippi Office of the 
Attorney General to the Environmental Protection Agency.
    (ii) Additional material. None.
[FR Doc. 94-22786 Filed 9-14-94; 8:45 am]
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