[Federal Register Volume 61, Number 29 (Monday, February 12, 1996)]
[Rules and Regulations]
[Pages 5295-5297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2962]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MS15-1-6252a; MS20-2-9605a; FRL-5400-9]


Clean Air Act Approval and Promulgation of Revisions to the 
Mississippi State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Mississippi State 
Implementation Plan (SIP) submitted on June 14, 1991, and January 26, 
1994, by the State of Mississippi through the Department of 
Environmental Quality (MDEQ). These SIP revisions incorporate changes 
to Regulation APC-S-1 ``Air Emission Regulations for the Prevention, 
Abatement, and Control of Air Contaminants''. The proposed revisions 
specify prohibited open burning practices and set conditions for which 
open burning practices may occur. These SIP revisions change the open 
burning restriction policy to be more consistent with federal 
regulations as specified in 40 CFR parts 257 and 258.

DATES: This action is effective April 12, 1996, unless notice is 
received by March 13, 1996, that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Scott M. Martin, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region 4 Environmental 
Protection Agency, 345 Courtland Street NE., Atlanta, Georgia 30365.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

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 4 Air Programs Branch, 345 

[[Page 5296]]
Courtland Street, Atlanta, Georgia 30365.
Mississippi Department of Environmental Quality, Bureau of Pollution 
Control, Air Quality Division, P.O. Box 10385, Jackson, Mississippi 
39289-0385.

FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory 
Planning and Development Section, Air Programs Branch, Air Pesticides 
and Toxics Management Division, Region 4 Environmental Protection 
Agency, 345 Courtland Street NE., Atlanta, Georgia 30365. The telephone 
number is (404) 347-3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On June 14, 1991, and January 26, 1994, MDEQ 
submitted revisions to the Mississippi SIP incorporating changes to 
Regulation APC-S-1, ``Air Emission Regulations for the Prevention, 
Abatement and Control of Air Contaminants.'' The proposed revisions 
specify prohibited open burning practices and set conditions for which 
open burning practices may occur. These SIP revisions change the open 
burning restriction policy to be consistent with federal regulations as 
specified in 40 CFR 257. Public hearings for these revisions were held 
on March 27, 1991, and November 24, 1993, and became state effective 
May 28, 1991, and January 9, 1994, respectively. The major revisions 
are described below:

Section 1. General

    1. Paragraph one was revised by deleting Section 49 17 17, 
Mississippi Code of 1972, recompiled, and adding Miss. Code Ann. 
Sec. 49-17-17.
    2. Paragraph two ``Exceptions'' was deleted and pargraph three was 
renumbered as two. A new paragraph three was added. This paragraphs 
states, ``In the event of a conflict between any of the requirements of 
these regulations and/or applicable requirements of any other 
regulation or law, the more stringent requirements shall be applied.''

Section 2. Definitions

    1. The following definitions were added:

10. ``Excess (or excessive) emission''
16. ``Opacity''
24. ``Recreational area''
25. ``Residential area''
26. ``Shutdown'' relating to fuel burning equipment
29. ``Soot blowing''
31. ``Startup'' relating to fuel burning equipment
34. ``Upset''

    2. The State revised the following definitions to meet EPA policy:

7. ``Air pollution''
8. ``Atmosphere''
13. ``Modification''
15. ``Open burning''
17. ``Particulate matter emissions''
19. ``PM-10 emissions''
21. ``Process weight''
23. ``Standard conditions''

    3. The following definition was deleted:

22. ``Ringelmann Chart''

    The section was also re-alphabetized and renumbered to simplify 
finding definitions.

Section 3. Specific Criteria for Sources of Particulate Matter

    1. Paragraph 1(a) was revised to give a reference paragraph for 
allowed exceptions to the forty (40) percent opacity rule.
    2. Paragraph 1(c) was deleted. Paragraph 1(d) was then renumbered 
as 1(c), and edited to add 60 percent opacity and to delete references 
to Ringelmann Smoke Chart.
    3. Paragraph 4(a) was deleted and replaced by new paragraphs 
4(a)(1), 4(a)(2), 4(a)(3) which detail limits to emissions from fuel 
burning installations.
    4. Paragraph 6(a) was replaced with a new paragraph which gives the 
formula to be used when calculating the particulate emission rate from 
a manufacturing process.
    5. Paragraph 6(b) was revised to add an effective date of January 
25, 1972.
    6. Paragraph 7 was revised to state that open burning is prohibited 
with exceptions for the infrequent burning of agricultural waste, 
silvicultural waste, land clearing debris, emergency cleanup 
operations, and ordnance.
    7. Paragraphs 7(b), 7(c), 7(d), 7(e), 7(f), 7(h), 7(i), 7(j), 7(k), 
and 7(l) which listed exceptions to open burning restrictions were 
deleted.

Section 6. New Sources

    1. Paragraph 4. Infectious Waste Incineration was added. This 
paragraph details the conditions with which all infectious waste 
incinerators which incinerate only wastes generated on site and are 
installed after December 9, 1993, must comply.
    2. Paragraph 4b Commercial Incinerators was added. This paragraph 
details the requirements for infectious waste incinerators which 
incinerate wastes generated off site.

Section 8. Provisions for Hazardous Air Pollutants

    1. EPA is not acting on this section because these regulations are 
federally enforceable through 40 CFR Part 61.

Section 9. Stack Height Considerations

    1. The paragraph titled Exemptions From Rules and Regulations which 
discussed emission exemptions during upsets and maintenance was 
deleted. Exceptions to the rule are now detailed in Section 10.

Section 10. Provisions for Upsets, Startups, and Shutdowns

    1. This section is being adopted. Paragraph 1. Upsets, states what 
circumstances must be met so that an upset will constitute an 
affirmative defense to an enforcement action brought for noncompliance 
with emission standards or other requirements.
    2. Paragraph 2. Startups and Shutdowns, states that emission 
limitations applicable to normal operation apply during startups and 
shutdowns and list exceptions to this rule.
    3. Paragraph 3. Maintenance, lists factors that a source must 
demonstrate to show that maintenance constitutes an affirmative defense 
to an enforcement action brought for noncompliance with emission 
standards or other requirements.
    These provisions are consistent with EPA and Clean Air Act 
requirements.

Final Action

    EPA is approving the above referenced revisions to the Mississippi 
SIP. This action is being taken without prior proposal because the EPA 
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 
April 12, 1996, unless, by March 13, 1996, 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 April 12, 1996.
    Under section 307(b)(1) of the Clean Air Act (CAA), 42 U.S.C. 
7607(b)(1), petitions for judicial review of this action must be filed 
in the United States 

[[Page 5297]]
Court of Appeals for the appropriate circuit by April 12, 1996. 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 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any state implementation plan. Each request for revision to the state 
implementation plan shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.
    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 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, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2) 
and 7410(k)(3).

Unfunded Mandates

    Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act 
of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
EPA must undertake various actions in association with proposed or 
final rules that include a Federal mandate that may result in estimated 
costs of $100 million or more to the private sector, or to State, 
local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 110 of the CAA. 
These rules may bind State, local and tribal governments to perform 
certain duties. EPA has examined whether the rules being approved by 
this action will impose any mandate upon the State, local or tribal 
governments either as the owner or operator of a source or as a 
regulator, or would impose any mandate upon the private sector. EPA's 
action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. Therefore, this final action 
does not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: November 1, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, 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. 7401-7671q.

Subpart Z--Mississippi

    2. Section 52.1270, is amended by adding paragraph (c)(27) to read 
as follows:


Sec. 52.1270  Identification of plan.

* * * * *
    (c) * * *
    (27) Amendments to Regulation APC-S-1 ``Air Emission Regulations 
for the Prevention, Abatement, and Control of Air Contaminants'' to be 
consistent with federal regulations as specified in 40 CFR Part 257.
    (i) Incorporation by reference. Regulation APC-S-1 ``Air Emission 
Regulations for the Prevention, Abatement, and Control of Air 
Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS 
FOR HAZARDOUS AIR POLLUTANTS.
    (ii) Additional Material. None.

[FR Doc. 96-2962 Filed 2-9-96; 8:45 am]
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