[Federal Register Volume 62, Number 135 (Tuesday, July 15, 1997)]
[Rules and Regulations]
[Pages 37724-37727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18571]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS21-1-9718a; MS22-1-9719a: FRL-5857-5]


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 September 30,

[[Page 37725]]

1996, 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,'' and Regulation APC-S-5, 
``Regulations for the Prevention of Significant Deterioration of Air 
Quality.'' The proposed revisions to APC-S-1 incorporate amendments to 
state open burning restrictions and prohibitions to ensure consistency 
with federal solid waste disposal regulations as specified in 40 CFR 
Part 257. The proposed revisions to APC-S-5 incorporate revisions to 
the state prevention of significant deterioration of air quality 
regulations to update the adoption by reference in APC-S-5 of the 
amendments and revisions to the federal regulations promulgated in 40 
CFR 52.21 and 51.166 of August 22, 1996.

DATES: This action will be effective September 15, 1997 unless adverse 
or critical comments are received by August 14, 1997. 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 Section, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, Region 4, Environmental Protection Agency, 
61 Forsyth Street, Atlanta, Georgia 30303-3104.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. 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 Planning Branch, 61 
Forsyth Street, Atlanta, Georgia 30303-3104.
    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 Section, Air Planning Branch, Air Pesticides and Toxics 
Management Division, Region 4, Environmental Protection Agency, 61 
Forsyth Street, Atlanta, Georgia 30303. The telephone number is (404) 
562-9036.

SUPPLEMENTARY INFORMATION: On September 30, 1996, 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,'' and to Regulation APC-S-5, ``Regulations 
for the Prevention of Significant Deterioration of Air Quality.'' 
Public hearings for these revisions were held on August 20, 1996, and 
became state effective September 21, 1996. The major revisions are 
described below:

APC-S-1  ``Air Emission Regulations for the Prevention, Abatement, 
and Control of Air Contaminants''

    1. Section 3, Specific Criteria for Sources of Particulate Matter, 
paragraph 7 is being amended to include provisions allowing permitted 
open burning at hazardous waste disposal facilities and reads as 
follows:
    7. Open Burning. The open burning of residential, commercial, 
institutional, or industrial solid waste, is prohibited. This 
prohibition does not apply to infrequent burning of agricultural wastes 
in the field, silvicultural wastes for forest management purposes, 
land-clearing debris, debris from emergency clean-up operations, and 
ordinance; and permitted open burning at hazardous waste disposal 
facilities subject to regulation under Subtitle C of the Federal 
Resource Conservation Act (RCRA).
    2. Paragraph 7(c) is being added and reads as follows:
    (C) Permitted open burning at a hazardous waste disposal facility 
subject to regulation under Subtitle C of RCRA is considered a 
stationary source of air pollution subject to Mississippi air emission 
permitting regulations.
    These revisions were incorporated to ensure consistency with 
Federal solid waste disposal regulations as specified in 40 CFR Part 
257.

APC-S-5  ``Regulations for the Prevention of Significant 
Deterioration of Air Quality''

    This plan revision incorporates revisions to the State PSD of air 
quality regulations to update the adoption by reference in APC-S-5 of 
the amendments and revisions to the Federal regulations promulgated in 
40 CFR 52.21 and 51.166 as of August 22, 1996. This plan provides for 
incorporation of revisions to the Guideline on Air Quality Models 
(including Appendix C) as promulgated by EPA. This plan revision also 
provides for inclusion of amendments and revisions to definitions and 
any other section of the above referenced Federal regulations as 
promulgated by EPA as of August 22, 1996.

Final Action

    The EPA proposes approval of the revisions to the Mississippi SIP 
because they are consistent with Clean Air Act and Agency requirements.
    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 September 15, 1997 unless, by August 14, 1997, 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 notice that will 
withdraw the final action. All public comments received will 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 September 15, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
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.

I. Administrative Requirements

A. Executive Order 12866

    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 
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.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare

[[Page 37726]]

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 
Clean Air Act 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 flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S.C. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under Section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 15, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: June 11, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.

    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. In Sec. 52.1270(c) the table is amended by revising ``Section 
3'' under the entry APC-S-1 and entry APC-S-5 to read as follows:


Sec. 52.1270  Identification of plan.

* * * * *
    (c) * * *

                                      EPA Approved Mississippi Regulations                                      
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                                                      State                                                     
     State citation            Title/subject        effective      EPA approval date             Comments       
                                                       date                                                     
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        APC-S-1--Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants        
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 *                  *                  *                  *                  *                  *              *
Section 3...............  Specific Criteria for       09/21/96                           July 15, 1997.         
                           Sources of Particulate                                                               
                           Matter.                                                                              
                                                                                                                
 *                  *                  *                  *                  *                  *              *
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               APC-S-5--Regulations for the Prevention of Significant Deterioration of Air Quality              
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All.....................  .......................     09/21/96                           July 15, 1997.         
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[FR Doc. 97-18571 Filed 7-14-97; 8:45 am]
BILLING CODE 6560-50-P