[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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