[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Proposed Rules]
[Pages 14631-14636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04OAR-2010-0722-201108; FRL-9282-5]


Approval and Promulgation of Implementation Plans; Mississippi; 
110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the State Implementation Plan 
(SIP), submitted by the State of Mississippi, through the Department of 
Environmental Quality (DEQ), as demonstrating that Mississippi meets 
the requirements of sections 110(a)(1) and (2) of the Clean Air Act 
(CAA or Act) for the 1997 8-hour ozone national ambient air quality 
standard (NAAQS). Section 110(a) of the CAA requires that each state 
adopt and submit a SIP for the implementation, maintenance and 
enforcement of each NAAQS promulgated by the EPA, which is commonly 
referred to as an ``infrastructure'' SIP. Mississippi certified that 
the Mississippi SIP contains provisions that ensure the 1997 8-hour 
ozone NAAQS are implemented, enforced, and maintained in Mississippi 
(hereafter referred to as ``infrastructure submission''). Mississippi's 
infrastructure submission, provided to EPA on December 7, 2007, 
addressed all the required infrastructure elements for the 1997 8-hour 
ozone NAAQS.

DATES: Written comments must be received on or before April 18, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2010-0722, 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) 562-9140.
    4. Mail: ``EPA-R04-OAR-2010-0722,'' 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: Lynorae Benjamin, 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-
2010-0722. 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

[[Page 14632]]

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: Nacosta C. Ward, 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. The telephone number 
is (404) 562-9140. Ms. Ward can also be reached via electronic mail at 
[email protected].

Table of Contents

I. Background
II. What elements are required under Sections 110(a)(1) and (2)?
III. What is EPA's analysis of how Mississippi addressed the 
elements of Sections 110(a)(1) and (2) ``infrastructure'' 
provisions?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, EPA promulgated a new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the 
previous 1-hour averaging period, and the level of the NAAQS was 
changed from 0.12 parts per million (ppm) to 0.08 ppm. See 62 FR 38856. 
Pursuant to section 110(a)(1) of the CAA, states are required to submit 
SIPs meeting the requirements of section 110(a)(2) within three years 
after promulgation of a new or revised NAAQS. Sections 110(a)(1) and 
(2) require states to address basic SIP requirements, including 
emissions inventories, monitoring, and modeling to assure attainment 
and maintenance of the NAAQS. States were required to submit such SIPs 
for the 1997 8-hour ozone NAAQS to EPA no later than June 2000. 
However, intervening litigation over the 1997 8-hour ozone NAAQS 
created uncertainty about how to proceed and many states did not 
provide the required ``infrastructure'' SIP submission for these newly 
promulgated NAAQS.
    On March 4, 2004, Earthjustice submitted a notice of intent to sue 
related to EPA's failure to issue findings of failure to submit related 
to the ``infrastructure'' requirements for the 1997 8-hour ozone NAAQS. 
EPA entered into a consent decree with Earthjustice which required EPA, 
among other things, to complete a Federal Register notice announcing 
EPA's determinations pursuant to section 110(k)(1)(B) as to whether 
each state had made complete submissions to meet the requirements of 
section 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007. 
Subsequently, EPA received an extension of the date to complete this 
Federal Register notice until March 17, 2008, based upon agreement to 
make the findings with respect to submissions made by January 7, 2008. 
In accordance with the consent decree, EPA made completeness findings 
for each state based upon what the Agency received from each state as 
of January 7, 2008.
    On March 27, 2008, EPA published a final rulemaking entitled, 
``Completeness Findings for Section 110(a) State Implementation Plans; 
8-Hour Ozone NAAQS,'' making a finding that each state had submitted or 
failed to submit a complete SIP that provided the basic program 
elements of section 110(a)(2) necessary to implement the 1997 8-hour 
ozone NAAQS. See 73 FR 16205. For those states that did receive 
findings, the findings of failure to submit for all or a portion of a 
state's implementation plan established a 24-month deadline for EPA to 
promulgate a Federal Implementation Plan to address the outstanding SIP 
elements unless, prior to that time, the affected states submit, and 
EPA approves, the required SIPs.
    The findings that all or portions of a state's submission are 
complete established a 12-month deadline for EPA to take action upon 
the complete SIP elements in accordance with section 110(k). 
Mississippi's infrastructure submission was received by EPA on December 
7, 2007, and was determined to be complete on March 27, 2008. 
Mississippi was among other states that did not receive a finding of 
failure to submit because it provided a complete submission to EPA to 
address the infrastructure elements for the 1997 8-hour ozone NAAQS by 
March 1, 2008. Today's action is proposing to approve Mississippi's 
infrastructure submission for which EPA made the completeness 
determination on March 27, 2008. This action is not approving any 
specific rule, but rather proposing that Mississippi's already approved 
SIP meets certain CAA requirements.

II. What elements are required under Sections 110(a)(1) and (2)?

    Section 110(a) of the CAA requires states to submit SIPs to provide 
for the implementation, maintenance, and enforcement of a new or 
revised NAAQS within three years following the promulgation of such 
NAAQS, or within such shorter period as EPA may prescribe. Section 
110(a) imposes the obligation upon states to make a SIP submission to 
EPA for a new or revised NAAQS, but the contents of that submission may 
vary depending upon the facts and circumstances. In particular, the 
data and analytical tools available at the time the state develops and 
submits the SIP for a new or revised NAAQS affects the content of the 
submission. The contents of such SIP submissions may also vary 
depending upon what provisions the state's existing SIP already 
contains. In the case of the 1997 8-hour ozone NAAQS, states typically 
have met the basic program elements required in section 110(a)(2) 
through earlier SIP submissions in connection with previous ozone 
NAAQS.
    More specifically, section 110(a)(1) provides the procedural and 
timing requirements for SIPs. Section 110(a)(2) lists specific elements 
that states must meet for ``infrastructure'' SIP requirements related 
to a newly established or revised NAAQS. As mentioned above, these 
requirements include SIP infrastructure elements such as modeling, 
monitoring, and

[[Page 14633]]

emissions inventories that are designed to assure attainment and 
maintenance of the NAAQS. The requirements that are the subject of this 
proposed rulemaking are listed below \1\ and in EPA's October 2, 2007, 
memorandum entitled ``Guidance on SIP Elements Required Under Section 
110(a)(1) and (2) for the 1997 8-Hour Ozone and PM2.5 
National Ambient Air Quality Standards.''
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    \1\ Two elements identified in section 110(a)(2) are not 
governed by the three year submission deadline of section 110(a)(1) 
because SIPs incorporating necessary local nonattainment area 
controls are not due within three years after promulgation of a new 
or revised NAAQS, but rather due at the time the nonattainment area 
plan requirements are due pursuant to section 172. These 
requirements are: (1) Submissions required by section 110(a)(2)(C) 
to the extent that subsection refers to a permit program as required 
in part D Title I of the CAA, and (2) submissions required by 
section 110(a)(2)(I) which pertain to the nonattainment planning 
requirements of part D, Title I of the CAA. Today's proposed 
rulemaking does not address infrastructure elements related to 
section 110(a)(2)(I) or the nonattainment planning requirements of 
110(a)(2)(C).
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     110(a)(2)(A): Emission limits and other control measures.
     110(a)(2)(B): Ambient air quality monitoring/data system.
     110(a)(2)(C): Program for enforcement of control 
measures.\2\
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    \2\ This rulemaking only addresses requirements for this element 
as they relate to attainment areas.
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     110(a)(2)(D): Interstate transport.\3\
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    \3\ Today's proposed rule does not address element 
110(a)(2)(D)(i) (Interstate Transport) for the 1997 8-hour ozone 
NAAQS. Interstate transport requirements were formerly addressed by 
Mississippi consistent with the Clean Air Interstate Rule (CAIR). On 
December 23, 2008, CAIR was remanded by the DC Circuit Court of 
Appeals, without vacatur, back to EPA. See North Carolina v. EPA, 
531 F.3d 896 (DC Cir. 2008). Prior to this remand, EPA took final 
action to approve Mississippi's SIP revision, which was submitted to 
comply with CAIR. See 72 FR 56268 (October 3, 2007). In so doing, 
Mississippi's CAIR SIP revision addressed the interstate transport 
provisions in Section 110(a)(2)(D)(i) for the 1997 8-hour ozone 
NAAQS. In response to the remand of CAIR, EPA has since proposed a 
new rule to address the interstate transport of NOX and 
SOX in the eastern United States. See 75 FR 45210 (Aug. 
2, 2010) (``the Transport Rule''). However, because this rule has 
yet to be finalized, EPA's action on element 110(a)(2)(D)(i) will be 
addressed in a separate action.
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     110(a)(2)(E): Adequate resources.
     110(a)(2)(F): Stationary source monitoring system.
     110(a)(2)(G): Emergency power.
     110(a)(2)(H): Future SIP revisions.
     110(a)(2)(I): Areas designated nonattainment and meet the 
applicable requirements of part D.\4\
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    \4\ This requirement was inadvertently omitted from EPA's 
October 2, 2007, memorandum entitled ``Guidance on SIP Elements 
Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 
and PM2.5 National Ambient Air Quality Standards,'' but 
as mentioned above is not relevant to today's proposed rulemaking.
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     110(a)(2)(J): Consultation with government officials; 
public notification; and PSD and visibility protection.
     110(a)(2)(K): Air quality modeling/data.
     110(a)(2)(L): Permitting fees.
     110(a)(2)(M): Consultation/participation by affected local 
entities.

III. What is EPA's analysis of how Mississippi addressed the elements 
of Sections 110(a)(1) and (2) ``infrastructure'' provisions?

    Mississippi's infrastructure submission addresses the provisions of 
sections 110(a)(1) and (2) as described below.
    1. 110(a)(2)(A): Emission limits and other control measures: 
Mississippi's infrastructure submission provides an overview of the 
provisions of the Mississippi Air Pollution Control (APC) Regulations 
relevant to air quality control. The regulations described below have 
been federally approved in the Mississippi SIP and include enforceable 
emission limitations and other control measures. Regulation APC-S-1--
Air Emission Regulations for the Prevention, Abatement, and Control of 
Air Contaminants and Regulation APC-S-3--Regulations for the Prevention 
of Air Pollution Emergency Episodes generally authorizes DEQ to adopt 
rules for the control of air pollution, including those necessary to 
obtain EPA approval under section 110 of the CAA. The most recent 
federally approved revision in this regulation was on October 3, 2007 
(72 FR 56268). EPA has made the preliminary determination that the 
provisions contained in this chapter and Mississippi's practices are 
adequate to protect the 1997 8-hour ozone NAAQS.
    In this action, EPA is not proposing to approve or disapprove any 
existing state provisions with regard to excess emissions during 
startup, shutdown, or malfunction (SSM) of operations at a facility. 
EPA believes that a number of states have SSM provisions which are 
contrary to the CAA and existing EPA guidance, ``State Implementation 
Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, 
and Shutdown'' (September 20, 1999), and the Agency plans to address 
such state regulations in the future. In the meantime, EPA encourages 
any state having a deficient SSM provision to take steps to correct it 
as soon as possible.
    Additionally, in this action, EPA is not proposing to approve or 
disapprove any existing state rules with regard to director's 
discretion or variance provisions. EPA believes that a number of states 
have such provisions which are contrary to the CAA and existing EPA 
guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to 
take action in the future to address such state regulations. In the 
meantime, EPA encourages any state having a director's discretion or 
variance provision which is contrary to the CAA and EPA guidance to 
take steps to correct the deficiency as soon as possible.
    2. 110(a)(2)(B) Ambient air quality monitoring/data system: 
Mississippi's infrastructure submission provides information Regulation 
APC-S-1--Air Emission Regulations for the Prevention, Abatement, and 
Control of Air Contaminants, with regard to the monitoring program 
within the State. The most recent federally approved revision in this 
section was on October 3, 2007 (72 FR 56268). Annually, EPA approves 
the ambient air monitoring network plan for the state agencies. On July 
8, 2010, Mississippi submitted its plan to EPA. On December 14, 2010, 
EPA approved Mississippi's monitoring network plan. Mississippi's 
approved monitoring network plan can be accessed at http://www.regulations.gov using Docket ID No. EPA-R04-OAR-2010-0722. EPA has 
made the preliminary determination that Mississippi's SIP and practices 
are adequate for the ambient air quality monitoring and data system 
related to the 1997 8-hour ozone NAAQS.
    3. 110(a)(2)(C) Program for enforcement of control measures 
including review of proposed new sources: In Regulation APC-S-1--Air 
Emission Regulations for the Prevention, Abatement, and Control of Air 
Contaminants of Mississippi's SIP, a description of Mississippi's 
statutory authority to enforce regulations relating to attainment and 
maintenance of air quality is included. Additionally, Mississippi 
submitted a SIP revision on November 28, 2007, which addresses the 
Ozone Implementation New Source Review (NSR) Update requirements to 
include nitrogen oxides (NOX) as an ozone precursor for 
permitting purposes for prevention of significant deterioration (PSD) 
and nonattainment NSR. Specifically, the Ozone Implementation NSR 
Update requirements included changes 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. EPA 
published a final action approving Mississippi's revisions which 
incorporate NOX as an ozone precursor on December 20, 2010 
(75 FR 79300).

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    In Regulation APC-S-5--Regulations for the Prevention of 
Significant Deterioration for Air Quality, Mississippi incorporates by 
reference the regulations found at 40 CFR 52.21 as of June 15, 2007, 
and 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t). These incorporated 
provisions include 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.
    EPA published a final action revising Mississippi's greenhouse gas 
(GHG) regulations on December 29, 2010 (75 FR 81858). The revisions 
incorporate by reference the Tailoring Rule provisions at 40 CFR 52.21 
(as amended June 3, 2010, and effective August 2, 2010), into the 
Mississippi SIP (APC-S-5--Regulations for the Prevention of Significant 
Deterioration for Air Quality) to address the thresholds for GHG 
permitting applicability. Additionally, they also incorporate 
administrative changes related to Mississippi's pre-existing exclusion 
of certain provisions of the federal PSD regulations from its SIP, 
specifically, provisions pertaining to the ``reasonable possibility'' 
standard, ``clean units,'' and ``pollution control projects.'' EPA has 
made the preliminary determination that Mississippi's SIP and practices 
are adequate for program enforcement of control measures including 
review of proposed new sources related to the 1997 8-hour ozone NAAQS.
    In this action, EPA is proposing to approve Mississippi's 
infrastructure SIP for the 8-hour ozone NAAQS with respect to the 
general requirement in section 110(a)(2)(C) to include a program in the 
SIP that regulates the modification and construction of any stationary 
source as necessary to assure that the NAAQS are achieved. EPA is not 
proposing to approve or disapprove the state's existing minor NSR 
program itself to the extent that it is inconsistent with EPA's 
regulations governing this program. EPA believes that a number of 
states may have minor NSR provisions that are contrary to the existing 
EPA regulations for this program. EPA intends to work with states to 
reconcile state minor NSR programs with EPA's regulatory provisions for 
the program. The statutory requirements of section 110(a)(2)(C) provide 
for considerable flexibility in designing minor NSR programs, and EPA 
believes it may be time to revisit the regulatory requirements for this 
program to give the states an appropriate level of flexibility to 
design a program that meets their particular air quality concerns, 
while assuring reasonable consistency across the country in protecting 
the NAAQS with respect to new and modified minor sources.
    EPA has made the preliminary determination that Mississippi's SIP 
and practices are adequate for program enforcement of control measures 
including review of proposed new sources related to the 1997 8-hour 
ozone NAAQS.
    4. 110(a)(2)(D)(ii) Interstate and International transport 
provisions: In Regulation APC-S-2--Permit Regulations for the 
Construction and/or Operation of Air Emissions Equipment, Mississippi 
outlines how it will notify neighboring states of potential impacts 
from new or modified sources. The most recent federally approved 
revision in this regulation was on July 10, 2006 (71 FR 38773). 
Mississippi does not have any pending obligation under section 115 and 
126. EPA has made the preliminary determination that Mississippi's SIP 
and practices are adequate for insuring compliance with the applicable 
requirements relating to interstate and international pollution 
abatement for the 1997 8-hour ozone NAAQS.
    In this action, EPA is proposing to approve Mississippi's 
infrastructure SIP for the 8-hour ozone NAAQS with respect to the 
general requirement in section 110(a)(2)(C) to include a program in the 
SIP that regulates the modification and construction of any stationary 
source as necessary to assure that the NAAQS are achieved. EPA is not 
proposing to approve or disapprove the state's existing minor NSR 
program itself to the extent that it is inconsistent with EPA's 
regulations governing this program. EPA believes that a number of 
states may have minor NSR provisions that are contrary to the existing 
EPA regulations for this program. EPA intends to work with states to 
reconcile state minor NSR programs with EPA's regulatory provisions for 
the program. The statutory requirements of section 110(a)(2)(C) provide 
for considerable flexibility in designing minor NSR programs, and EPA 
believes it may be time to revisit the regulatory requirements for this 
program to give the states an appropriate level of flexibility to 
design a program that meets their particular air quality concerns, 
while assuring reasonable consistency across the country in protecting 
the NAAQS with respect to new and modified minor sources.
    5. 110(a)(2)(E) Adequate resources: DEQ is responsible for adopting 
air quality rules, revising SIPs, developing and tracking the budget, 
establishing the title V fees, and other planning needs. Annually, 
states update grant commitments based on current SIP requirements, air 
quality planning, and applicable requirements related NAAQS, including 
the 1997 8-hour ozone NAAQS. On April 8, 2010, EPA submitted a letter 
to Mississippi outlining 105 grant commitments and current status of 
those commitments for fiscal year 2009. The letter EPA submitted to 
Mississippi can be accessed at http://www.regulations.gov using Docket 
ID No. EPA-R04-OAR-2010-0722. There were no outstanding issues, 
therefore Mississippi's grants were finalized and closed out. EPA has 
made the preliminary determination that Mississippi has adequate 
resources for implementation of the 1997 8-hour ozone NAAQS.
    6. 110(a)(2)(F) Stationary source monitoring system: Mississippi's 
infrastructure submission describes how to establish requirements for 
compliance testing by emissions sampling and analysis, and for 
emissions and operation monitoring to ensure the quality of data in the 
State. Mississippi uses these data to track progress towards 
maintaining the NAAQS, develop control and maintenance strategies, 
identify sources and general emission levels, and determine compliance 
with emission regulations and additional EPA requirements. This is 
outlined in Regulation APC-S-2--Permit Regulations for the Construction 
and/or Operation of Air Emissions Equipment of the Mississippi air 
pollution control regulations.
    Additionally, the National Emissions Inventory (NEI) is EPA's 
central repository for air emissions data. EPA published the Air 
Emissions Reporting Rule (AERR) on December 5, 2008, which modified the 
requirements for collecting and reporting air emissions data (73 FR 
76539). The AERR shortened the time states had to report emissions data 
from 17 to 12 months, giving states one calendar year to submit 
emissions data. All states are required to submit a comprehensive 
emissions inventory every three years and report emissions for certain 
larger sources annually through EPA's online Emissions Inventory System 
(EIS). States report emissions data for the six criteria pollutants and 
the precursors that form them--nitrogen oxides, sulfur dioxide, 
ammonia, lead, carbon monoxide, particulate matter, and volatile 
organic compounds. Many

[[Page 14635]]

states also voluntarily report emissions of hazardous air pollutants. 
Mississippi made its latest update to the NEI on November 1, 2010. EPA 
compiles the emissions data, supplementing it where necessary, and 
releases it to the general public through the Web site http://www.epa.gov/ttn/chief/eiinformation.html. EPA has made the preliminary 
determination that Mississippi's SIP and practices are adequate for the 
stationary source monitoring systems related to the 1997 8-hour ozone 
NAAQS.
    7. 110(a)(2)(G) Emergency power: Mississippi's infrastructure 
submission provides an overview of the Mississippi Air Pollution 
Control Regulations, specifically Regulation APC-S-3--Regulations for 
the Prevention of Air Pollution Emergency Episodes. The regulations 
contained in this section have been adopted to prevent the excessive 
build-up of air pollutants during air pollution episodes and to prevent 
the occurrence of an emergency due to the effects of pollutants on 
human health. All offices of local, county, and state governments, 
including authorities, joint meetings, and any other public body are 
notified as appropriate in this regulation. The episode criteria 
specified for ozone are based on a 1-hour average ozone level at a 
monitoring site. These criteria have previously been approved by EPA. 
EPA has made the preliminary determination that these criteria are 
adequate to address ozone emergency episodes for the 1997 8-hour ozone 
NAAQS, and thus, that Mississippi's SIP and practices appear adequate 
for emergency powers related to the 1997 8-hour ozone NAAQS.
    8. 110(a)(2)(H) Future SIP revisions: As previously discussed, DEQ 
is responsible for adopting air quality rules and revising SIPs as 
needed to attain or maintain the NAAQS. DEQ is responsible for the 
adoption, modification, repeal, promulgation of air quality rules in 
Mississippi. They are also responsible for the enforcement and 
implementation of regulations in Mississippi. Mississippi has the 
ability and authority to respond to calls for SIP revisions, and has 
provided a number of SIP revisions over the years for implementation of 
the NAAQS. Specific to the 1997 8-hour ozone NAAQS, Mississippi has 
provided the following submissions:
     August 8, 2005, SIP Revision (EPA approval, see 71 FR 
38773, July 10, 2006) Prevention of Significant Deterioration/New 
Source Review;
     November 28, 2007, SIP Revision (EPA approval, see 75 FR 
79300, October 7, 2010)--110(a)(2)(D)(i) Plan (NOX as a 
precursor);
     December 7, 2007, SIP revision 1997 Infrastructure 
110(a)(2)--Ozone.
    Mississippi has no areas designated as nonattainment for the 1997 
8-hour ozone NAAQS. EPA has made the preliminary determination that 
Mississippi's SIP and practices adequately demonstrate a commitment to 
provide future SIP revisions related to the 1997 8-hour ozone NAAQS 
when necessary.
    9. 110(a)(2)(J) (121 consultation) Consultation with government 
officials: Mississippi Code Annotated Regulation 49-17-3 provides for 
cooperation with other agencies of the State, agencies of other states, 
and the federal government for the prevention, abatement and control of 
new or existing air pollution. Additionally, DEQ submitted a regional 
haze plan which outlines its consultation practices with Federal Land 
Managers. EPA has made the preliminary determination that Mississippi's 
SIP and practices adequately demonstrate consultation with government 
officials related to the 1997 8-hour ozone NAAQS when necessary.
    10. 110(a)(2)(J) (127 public notification) Public notification: 
DEQ's emergency episode provisions, discussed above in 110(a)(2)(G), 
provide for notification to the public when the NAAQS, including the 
ozone NAAQS, are exceeded. Additionally, during the ozone season, DEQ 
reports daily air quality information on its Web site at: http://opc.deq.state.ms.us/aqi/specifically for the Jackson Metropolitan Area, 
DeSoto County, and the Mississippi Gulf Coast. EPA has made the 
preliminary determination that Mississippi's SIP and practices 
adequately demonstrate the State's ability to provide public 
notification related to the 1997 8-hour ozone NAAQS when necessary.
    11. 110(a)(2)(J) (PSD) PSD and visibility protection: Mississippi 
demonstrates its authority to regulate new and modified sources of 
ozone precursors, volatile organic compounds (VOCs), and 
NOX, to assist in the protection of air quality in 
Regulation APC-S-5--Regulations for the Prevention of Significant 
Deterioration for Air Quality.
    In Regulation APC-S-5--Regulations for the Prevention of 
Significant Deterioration for Air Quality, Mississippi incorporates by 
reference the regulations found at 40 CFR 52.21 as of June 15, 2007, 
and 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t). These provisions 
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.
    Mississippi submitted a SIP revision on November 28, 2007, which 
addresses the Ozone Implementation NSR Update requirements to include 
NOX as an ozone precursor for permitting purposes. 
Specifically, the Ozone Implementation NSR Update requirements included 
changes 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. Specifically, this SIP revision incorporates changes 
to Regulation APC-S-5--Regulations for the Prevention of Significant 
Deterioration for Air Quality. EPA published a final action approving 
Mississippi's rulemaking to incorporate changes to this regulation in 
the Mississippi SIP on December 20, 2010 (See 75 FR 79300).
    With regard to the applicable requirements for visibility 
protection, EPA recognizes that states are subject to visibility and 
regional haze program requirements under Part C of the Act (which 
includes sections 169A and 169B). In the event of the establishment of 
a new NAAQS, however, the visibility and regional haze program 
requirements under part C do not change. Thus, EPA finds that there is 
no new visibility obligation ``triggered'' under section 110(a)(2)(J) 
when a new NAAQS becomes effective. This would be the case even in the 
event a secondary PM2.5 NAAQS for visibility is established, 
because this NAAQS would not affect visibility requirements under part 
C. Mississippi has submitted a SIP revision for approval to satisfy the 
requirements of the CAA Section 169A, and the regional haze and best 
available retrofit technology rules contained in 40 CFR 51.308. This 
SIP revision is currently under review and will be acted on in a 
separate action. EPA has made the preliminary determination that 
Mississippi's SIP and practices adequately demonstrate the State's 
ability to implement PSD programs and to provide for visibility 
protection related to the 1997 8-hour ozone NAAQS when necessary.

[[Page 14636]]

    12. 110(a)(2)(K) Air quality and modeling/data: DEQ has authority 
pursuant to 40 CFR part 51.21 to conduct air quality modeling and 
report the results of such modeling to EPA, as incorporated by 
reference in the Mississippi Air Pollution Control Regulations at 
Regulation APC-S-5--Regulations for the Prevention of Significant 
Deterioration for Air Quality. Additionally, Mississippi supports a 
regional effort to coordinate the development of emissions inventories 
and conduct regional modeling for several NAAQS, including the 1997 8-
hour ozone NAAQS, for the Southeastern states. This regulation 
demonstrates that Mississippi has the authority to provide relevant 
data for the purpose of predicting the effect on ambient air quality of 
the 8-hour Ozone NAAQS. EPA has made the preliminary determination that 
Mississippi's SIP and practices adequately demonstrate the DEQ's 
ability to provide for air quality and modeling, along with analysis of 
the associated data, related to the 1997 8-hour ozone NAAQS when 
necessary.
    13. 110(a)(2)(L) Permitting fees: Mississippi addresses the review 
of construction permits as previously discussed in 110(a)(2)(C) above. 
Permitting fees are collected through the State's title V fees program, 
which has been federally approved. EPA has made the preliminary 
determination that Mississippi's SIP and practices adequately provide 
for permitting fees related to the 1997 8-hour ozone NAAQS when 
necessary.
    14. 110(a)(2)(M) Consultation/participation by affected local 
entities: DEQ coordinates with local governments affected by the SIP. 
Specifically, as outlined in Section IV of Regulation APC-S-2, Public 
Participation and Public Availability of Information, Mississippi 
requires that State and local air pollution control agencies be 
notified of modifications to stationary sources or the construction of 
new sources within their region of jurisdiction. EPA has made the 
preliminary determination that Mississippi's SIP and practices 
adequately demonstrate consultation and participation by affected local 
political subdivisions related to the 1997 8-hour ozone NAAQS when 
necessary.

IV. Proposed Action

    As described above, Mississippi has addressed the elements of the 
CAA 110(a)(1) and (2) SIP requirements pursuant to EPA's October 2, 
2007, guidance to ensure that the 1997 8-hour ozone NAAQS are 
implemented, enforced, and maintained in Mississippi. EPA is proposing 
to approve Mississippi's infrastructure submission for the 1997 8-hour 
ozone NAAQS because this submission is consistent with section 110 of 
the CAA.EPA is proposing today's action to satisfy the Agency's 
statutory obligations under section 110(k) of the CAA to act upon the 
state submitted plans described herein.

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 Act 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 
Mississippi, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: March 7, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-6252 Filed 3-16-11; 8:45 am]
BILLING CODE 6560-50-P