[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Pages 42774-42777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17744]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0163; FRL-9930-75-Region 4]


Approval and Promulgation of Implementation Plans; Mississippi: 
Miscellaneous Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve portions of a State Implementation Plan (SIP) revision 
submitted by the Mississippi Department of Environmental Quality 
(MDEQ), to EPA on July 25, 2010. The SIP revision includes multiple 
changes to Mississippi's SIP to add definitions in accordance with 
federal regulations and to implement clarifying language. EPA is not 
proposing to take action on the aspects of the SIP revision related to 
the Clean Air Interstate Rule (CAIR) or hazardous air pollutants at 
this time.

DATES: Written comments must be received on or before August 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0163, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2013-0163,'' Air Regulatory Management 
Section (formerly Regulatory Development Section), Air Planning and 
Implementation 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, Chief, Air 
Regulatory Management Section (formerly Regulatory Development 
Section), Air Planning and Implementation 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

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hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0163. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
www.regulations.gov index. Although listed in the index, some 
information may not be 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 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 25, 2010, MDEQ submitted a SIP revision to EPA for approval 
into the Mississippi SIP. MDEQ's July 25, 2010, SIP revision includes 
multiple changes to Mississippi's air pollution control regulation APC-
S-1, entitled ``Air Emission Regulations for the Prevention, Abatement, 
and Control of Air Contaminants,'' to add and amend definitions in 
accordance with federal regulations and to implement clarifying 
language. Specifically, these changes include amendments to Section 2--
``Definitions'' and Section 3--``Specific Criteria for Sources of 
Particulate Matter.'' With the exception of the changes in Section 8 
related to hazardous air pollutants and the changes in Section 14 
related to Mississippi's CAIR provisions, EPA is proposing to approve 
Mississippi's July 25, 2010, SIP revision, which became state effective 
on February 6, 2009.\1\ EPA will consider action on Mississippi's 
changes to its CAIR provisions and its hazardous air pollutants 
provisions in a separate action.
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    \1\ MDEQ's submission includes a revision to APC-S-1, Section 
8--``Provisions for Hazardous Air Pollutants'' that updates the 
incorporate by reference date to October 3, 2008, for relevant 
federal regulations related to National Emission Standard for 
Hazardous Air Pollutants (NESHAPS) and the Clean Air Mercury Rule 
(CAMR). However, EPA has not incorporated APC-S-1, Section 8 into 
the Mississippi SIP, and therefore, EPA is not proposing to approve 
these changes related to NESHAPS and CAMR into the SIP.
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II. Mississippi's July 25, 2010, SIP Revision

A. Changes to APC-S-1, Section 2--``Definitions''

1. ``Air Cleaning Device''
    Mississippi is amending the definition of ``Air Cleaning Device'' 
by adding language to clarify that the term ``air pollution control 
device'' is synonymous with the term ``air cleaning device.'' The 
definition of ``air cleaning device'' includes ``[a]ny method, process 
or equipment which removes, reduces or renders less noxious air 
contaminants discharged into the atmosphere.'' Mississippi's July 25, 
2010, SIP revision, simply clarifies that the term ``air pollution 
control device'' has the same definition as ``air cleaning device'' by 
adding a phrase noting that these two terms are ``synonymous.'' 
Mississippi chose to link the two terms rather than provide a separate 
definition entry for ``air pollution control device.'' Mississippi is 
making this change to provide clarity to the regulated community 
regarding the definition for the term ``air pollution control device.''
2. ``Ozone Action Day''
    Mississippi's July 25, 2010, SIP submission amends the definition 
for ``Ozone Action Day'' by changing the dates from April 1 and 
September 30 to March 1 and October 30, respectively, to align with the 
time period for ozone monitoring in Mississippi as specified in 40 CFR 
part 58. See table in 40 CFR part 58 entitled, ``Table D-3 of Appendix 
D to Part 58--Ozone Monitoring Season by State.''
3. ``PM2.5''
    Mississippi added a definition of ``PM2.5'' as 
``[p]articulate matter with an aerodynamic diameter less than or equal 
to a nominal 2.5 micrometers as measured by a reference method based on 
appendix L of 40 CFR part 50 and designated in accordance with 40 CFR 
part 53 or by an equivalent method designated in accordance with 40 CFR 
part 53.'' This definition is consistent with EPA's definition codified 
at 40 CFR part 53 as well as the agency's longstanding characterization 
of fine particular matter. This change, if approved, will result in a 
renumbering of definitions at APC-S-1.
4. ``PM2.5 emissions''
    Mississippi added a definition of ``PM2.5 emissions'' as 
``[f]inely divided solid or liquid material, with an aerodynamic 
diameter less than or equal to a nominal 2.5 micrometers, emitted to 
the ambient air as measured by an applicable EPA Test Method, an 
equivalent or alternative method specified by EPA, or by a test method 
specified in the approved State Implementation Plan.'' This definition 
is consistent with EPA's definition for ``direct PM2.5 
emissions'' \2\ except that

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the State's definition does not include a condensable PM2.5 
component.\3\ However, EPA considers this definition acceptable because 
there are currently no PM2.5 nonattainment areas in 
Mississippi and because the State's prevention of significant 
deterioration (PSD) program at APC-S-5 requires sources to consider the 
condensable portion of PM2.5 emissions when determining PSD 
applicability. This change, if approved, will result in a renumbering 
of definitions at APC-S-1.
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    \2\ Under the federal definition, ``direct PM2.5 
emissions'' means ``solid particles emitted directly from an air 
emissions source or activity, or gaseous emissions or liquid 
droplets from an air emissions source or activity which condense to 
form particulate matter at ambient temperatures. Direct 
PM2.5 emissions include elemental carbon, directly 
emitted organic carbon, directly emitted sulfate, directly emitted 
nitrate, and other inorganic particles (including but not limited to 
crustal material, metals, and sea salt).'' 40 CFR 51.1000.
    \3\ The federal provisions for implementation of the 
PM2.5 NAAQS require, after January 1, 2011, that states 
must consider the condensable fraction of direct PM2.5 
emissions when establishing limits under 40 CFR 51.1009 (Reasonable 
further progress requirements (RFP)) and 40 CFR 51.1010 
(Requirements for reasonably available control technology (RACT) and 
reasonably available control measures (RACM)). See 40 CFR 
51.1002(c). However, Mississippi's adopted definition of 
``PM2.5 emissions'' does not explicitly include the 
condensable fraction of direct PM2.5 emissions. EPA notes 
that if PM2.5 nonattainment areas are designated within 
the State in the future, the State's definition of 
``PM2.5 emissions'' may need to be revised to include 
condensable emissions to ensure that the RFP and RACT/RACM 
provisions are properly implemented. EPA also notes that 
Mississippi's PSD permitting program at APC-S-5 already requires 
sources to account for PM2.5 condensable emissions when 
determining PM2.5 emission limitations and PSD 
applicability.
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B. Changes to APC-S-1, Section 3--``Specific Criteria for Source of 
Particular Matter''

1. Paragraph 4--``Fuel Burning''
    As it currently exists in the SIP, APC-S-1, Section 3.4(b)--
``Combination Boilers''--states that particulate matter emissions from 
combination boilers involved in fuel burning operations that utilize a 
mixture of combustibles are allowed emission rates up to 0.30 grains 
per standard dry cubic foot. Mississippi's July 25, 2010, SIP 
submission added language to clarify that section 3.4(b) is only 
applicable to fuel burning operations that utilize a mixture of 
combustibles ``to produce steam or heat water or any other heat 
transfer medium through indirect means.''
2. Paragraph 6--``Manufacturing Processes''
    Mississippi is amending subparagraph (a) relating to particulate 
matter emission limits based on process weight rate to clarify that the 
emission limit listed in that subparagraph applies to the manufacturing 
process including any associated stacks, vents, outlets, or combination 
thereof.
3. Paragraph 7--``Open Burning''
    Mississippi is amending subparagraph (a)(1) to clarify that fires 
set for burning of agricultural wastes in the field and/or 
silvicultural wastes for forest management purposes must obtain a 
permit from the Mississippi Forestry Commission regardless of whether 
there is an available Forestry Commission tower servicing the area in 
which the burning occurs.
4. Paragraph 8--``Incineration''
    Mississippi is adding subparagraph (c) to clarify that the 
particulate matter emission limit for incinerators, 0.2 grains per 
standard dry cubic foot of flue gas, does not apply to ``afterburners, 
flares, thermal oxidizers, and other similar devices used to reduce the 
emissions of air pollutants from processes.'' EPA notes that all 
particulate matter emissions discharged from such control devices are 
part of the total emissions from the process unit and are not excluded 
from determinations of compliance with applicable emission limitations. 
Mississippi also amended the text of subparagraph (a) to reference 
subparagraph (c) to further clarify that devices listed at paragraph 
(c) are not required to apply the particulate matter emission limit for 
incinerators identified in subparagraph (a).

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference certain changes to Mississippi's air pollution control 
regulation APC-S-1, entitled ``Air Emission Regulations for the 
Prevention, Abatement, and Control of Air Contaminants.'' Specifically, 
these changes include the amendments to Section 2--``Definitions'' and 
Section 3--``Specific Criteria for Sources of Particulate Matter'' 
described in section II, above. EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve portions of Mississippi's July 25, 
2010, SIP submission revising Rule APC-S-1 to add and amend definitions 
in accordance with federal regulations and to implement clarifying 
language. EPA has preliminarily determined that these changes to the 
Mississippi SIP are in accordance with the Clean Air Act (CAA or Act) 
and EPA policy and regulations. With the exception of changes in 
Section 8 related to hazardous air pollutants and the changes in 
Section 14 related to Mississippi's CAIR provisions, EPA is proposing 
to approve Mississippi's SIP revisions provided to EPA on July 25, 
2010. EPA will consider action on Mississippi's changes to its CAIR 
provisions and its hazardous air pollutants provisions in a separate 
action.

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. See 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 
action merely proposes to approve 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

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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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

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

    Dated: July 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17744 Filed 7-17-15; 8:45 am]
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