[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P