[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Pages 37015-37020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0188; FRL-9965-70-Region 4]


Air Plan Approval; Mississippi: Prevention of Significant 
Deterioration Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
portion of the State Implementation Plan (SIP) revision submitted by 
Mississippi, through the Mississippi Department of Environmental 
Quality (MDEQ), Office of Pollution Control, on June 7, 2016. 
Specifically, this action approves the portion of the SIP revision 
making changes to Mississippi's Prevention of Significant Deterioration 
(PSD) program by modifying the incorporation by reference (IBR) date 
for the Federal PSD regulations promulgated by EPA. By changing this 
date, approval of the SIP revision modifies the existing Greenhouse Gas 
(GHG) PSD permitting program and incorporates PSD provisions related to 
the 1997, 2006, and 2012 fine particulate matter (PM2.5) and 
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). This 
action is being taken pursuant to the Clean Air Act (CAA or Act) and 
its implementing regulations.

DATES: This direct final rule is effective October 10, 2017 without 
further notice, unless EPA receives adverse comment by September 7, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0188 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres of 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. Mr. Febres can be reached via telephone at (404) 562-8966 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is the Agency taking?

    On June 7, 2016, MDEQ submitted a SIP revision for EPA's approval 
that includes changes to Mississippi's regulations to make them 
consistent with Federal requirements for the New Source Review (NSR) 
permitting program, in particular for PSD permitting.\1\ Additionally, 
the submittal renames the State's PSD regulations in the SIP from APC-
S-5 to Mississippi Administrative Code, Title 11, Part 2, Chapter 5 
(hereinafter referred to as Regulation 11-MAC-Part 2-5), and makes 
formatting changes to these regulations. EPA approved these 
administrative changes to the PSD regulations in a Letter Notice dated 
July 20, 2017.\2\
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    \1\ EPA's regulations governing the implementation of NSR 
permitting programs are contained in 40 CFR 51.160--51.166; 52.21, 
52.24; and part 51, Appendix S. The CAA NSR program is composed of 
three separate programs: PSD, NNSR, and Minor NSR. PSD is 
established in part C of title I of the CAA and applies in areas 
that meet the NAAQS--``attainment areas''--as well as areas where 
there is insufficient information to determine if the area meets the 
NAAQS--``unclassifiable areas.'' The NNSR program is established in 
part D of title I of the CAA and applies in areas that are not in 
attainment of the NAAQS--``nonattainment areas.'' The Minor NSR 
program addresses construction or modification activities that do 
not qualify as ``major'' and applies regardless of the designation 
of the area in which a source is located. Together, these programs 
are referred to as the NSR programs.
    \2\ Mississippi submitted a supplemental letter on May 7, 2017, 
clarifying its intent to incorporate these renaming and reformatting 
changes of APC-S-5 into the SIP.
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    EPA is approving the portion of Mississippi's submittal that makes 
changes to the State's PSD program, as established in MDEQ's Regulation 
11-MAC-Part 2-5, which applies to the construction or modification of 
any major stationary source in areas designated as attainment or 
unclassifiable as required by part C of title I of the CAA. This SIP 
revision is intended to make Mississippi's state PSD permitting rule 
consistent with the Federal requirements, as promulgated by EPA. The 
June 7, 2016 submittal updates the IBR date at 11-MAC-Part 2-5 Rule 5.1 
and Rule 5.2 from November 4, 2011, to February 17, 2016, for the 
Federal PSD permitting regulations at 40 CFR 52.21 and 51.166.\3\ By 
modifying the IBR date of 40 CFR 52.21, Mississippi is making four 
changes to its PSD rules: (1) Adopting provisions for GHG plantwide 
applicability limitations (PALs); (2) removing permitting requirements 
for certain GHG sources; (3) incorporating grandfathering provisions 
for the 2012 primary annual PM2.5 \4\ NAAQS

[[Page 37016]]

and the 2015 8-hour ozone NAAQS; and (4) incorporating a correction to 
the definition of ``regulated NSR pollutant'' for PSD.\5\ These changes 
are discussed below.
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    \3\ 11-MAC-Part 2-5 incorporates by reference 40 CFR 52.21 with 
the exceptions noted in Rule 5.2 and incorporates by reference 40 
CFR 51.166(f) and (q) with the exceptions noted in Rule 5.4.
    \4\ Airborne particulate matter (PM) with a nominal aerodynamic 
diameter of 2.5 micrometers or less (a micrometer is one-millionth 
of a meter, and 2.5 micrometers is less than one-seventh the average 
width of a human hair) are considered to be ``fine particles'' and 
are also known as PM2.5. Fine particles in the atmosphere 
are made up of a complex mixture of components including sulfate; 
nitrate; ammonium; elemental carbon; a great variety of organic 
compounds; and inorganic material (including metals, dust, sea salt, 
and other trace elements) generally referred to as ``crustal'' 
material, although it may contain material from other sources. On 
July 18, 1997, EPA revised the NAAQS for PM to add new standards for 
fine particles, using PM2.5 as the indicator. Previously, 
EPA used PM10 (inhalable particles smaller than or equal 
to 10 micrometers in diameter) as the indicator for the PM NAAQS. 
EPA established health-based (primary) annual and 24-hour standards 
for PM2.5, setting an annual standard at a level of 15.0 
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at 
a level of 65 [micro]g/m\3\(62 FR 38652). At the time the 1997 
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The 
secondary standards are designed to protect against major 
environmental effects of PM2.5, such as visibility 
impairment, soiling, and materials damage. On October 17, 2006, EPA 
revised the primary and secondary 24-hour NAAQS for PM2.5 
to 35 [micro]g/m\3\ and retained the existing annual 
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On 
January 15, 2013, EPA published a final rule revising the annual 
PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086).
    \5\ EPA has not acted on, and is not currently acting on, the 
portion of Mississippi's November 28, 2007 SIP revision that seeks 
to incorporate into the SIP, through a revision to APC-S-5 (state 
effective on September 24, 2007), the provisions amended in the 
Ethanol Rule (72 FR 24060) to exclude facilities that produce 
ethanol through a natural fermentation process from the definition 
of ``chemical process plants'' in the major NSR source permitting 
program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t). 
Therefore, today's action does not IBR this provision into the SIP. 
Additionally, today's action does not incorporate into the SIP the 
provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were 
initially stayed for an 18-month period on March 31, 2010, and 
stayed indefinitely by the Fugitive Emissions Interim Rule, 76 FR 
17548 (March 30, 2011). These provisions were not incorporated into 
Mississippi's SIP through EPA's December 29, 2010, September 26, 
2012, and March 5, 2015 actions approving IBR updates to APC-S-5 
(September 14, 2010, May 12, 2011, and February 10, 2012 SIP 
revisions, respectively) because the provisions were stayed and 
because Mississippi never requested that EPA incorporate the 
provisions into the SIP.
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II. Background

A. Greenhouse Gases and Plantwide Applicability Limits

    On January 2, 2011, GHG emissions were, for the first time, covered 
by the PSD and title V operating permit programs.\6\ To establish a 
process for phasing in the permitting requirements for stationary 
sources of GHGs under the CAA PSD and title V programs, on June 3, 
2010, the EPA published a final rule entitled ``Prevention of 
Significant Deterioration and Title V Greenhouse Gas Tailoring Rule'' 
(hereinafter referred to as the GHG Tailoring Rule). See 75 FR 31514. 
In Step 1 of the GHG Tailoring Rule, which began on January 2, 2011, 
the EPA limited application of PSD and title V requirements to sources 
of GHG emissions only if they were subject to PSD or title V ``anyway'' 
due to their emissions of pollutants other than GHGs. These sources are 
referred to as ``anyway sources.''
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    \6\ See the rule entitled ``Reconsideration of Interpretation of 
Regulations that Determine Pollutants Covered by Clean Air Act 
Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010).
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    In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 
2011, the PSD and title V permitting requirements applied to some 
sources that were classified as major sources based solely on their GHG 
emissions or potential to emit GHGs. Step 2 also applied PSD permitting 
requirements to modifications of otherwise major sources that would 
increase only GHG emissions above the level in the EPA regulations. EPA 
generally described the sources covered by PSD during Step 2 of the GHG 
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
    Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012. 
See 77 FR 41051. In this rule, EPA decided against further phase-in of 
the PSD and title V requirements for sources emitting lower levels of 
GHG emissions. Thus, the thresholds for determining PSD applicability 
based on emissions of GHGs remained the same as established in Step 2 
of the Tailoring Rule.
    The GHG PALs portion of the July 12, 2012 final rule revised EPA 
regulations under 40 CFR part 52 for establishing PALs for GHG 
emissions. A PAL establishes a site-specific plantwide emission level 
for a pollutant that allows the source to make changes at the facility 
without triggering the requirements of the PSD program, provided that 
emissions do not exceed the PAL level. Under EPA's interpretation of 
the Federal PAL provisions, such PALs are already available under PSD 
for non-GHG pollutants and for GHGs on a mass basis. EPA revised the 
PAL regulations to allow for GHG PALs to be established on a carbon 
dioxide equivalent (CO2e) \7\ basis as well. See 77 FR 41051 
(July 12, 2012). EPA finalized these changes in an effort to streamline 
Federal and SIP PSD permitting programs by allowing sources and 
permitting authorities to address GHGs using PALs in a manner similar 
to the use of PALs for non-GHG pollutants.
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    \7\ CO2 equivalent (CO2e) emissions refers 
to emissions of six recognized GHGs other than CO2 which 
are scaled to equivalent CO2 emissions by relative global 
warming potential values, then summed with CO2 to 
determine a total equivalent emissions value. See 40 CFR 
51.166(b)(48)(ii) and 52.21(b)(49)(ii).
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    On June 23, 2014, the U.S. Supreme Court addressed the application 
of stationary source permitting requirements to GHG emissions in 
Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The 
Supreme Court upheld EPA's regulation of Step 1--or ``anyway'' 
sources--but held that EPA may not treat GHGs as air pollutants for the 
purposes of determining whether a source is a major source (or a 
modification thereof) and thus require the source to obtain a PSD or 
title V permit. Therefore, the Court invalidated PSD and title V 
permitting requirements for Step 2 sources.
    In accordance with the Supreme Court decision, on April 10, 2015, 
the U.S. Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) issued an Amended Judgment vacating the regulations that 
implemented Step 2 of the GHG Tailoring Rule, but not the regulations 
that implement Step 1 of the GHG Tailoring Rule. Coalition for 
Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 
2015). With respect to Step 2 sources, the D.C. Circuit's Judgment 
vacated the EPA regulations under review (including 40 CFR 
51.166(b)(48)(v) and 40 CFR 52.21(b)(49)(v)) ``to the extent they 
require a stationary source to obtain a PSD permit if greenhouse gases 
are the only pollutant (i) that the source emits or has the potential 
to emit above the applicable major source thresholds, or (ii) for which 
there is a significant emissions increase from a modification.'' Id. at 
7-8.
    EPA promulgated a good cause final rule on August 19, 2015, 
entitled ``Prevention of Significant Deterioration and Title V 
Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.'' 
See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the Good 
Cause GHG Rule). The rule removed from the Federal regulations the 
portions of the PSD permitting provisions for Step 2 sources that were 
vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and 
52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct 
PSD permitting for Step 2 sources, nor can EPA approve provisions 
submitted by a state for inclusion in its SIP providing this authority. 
In addition, on October 3, 2016, EPA proposed to revise provisions in 
the PSD permitting regulations applicable to GHGs to fully conform with 
UARG and the Amended Judgment, but those revisions have not been 
finalized. See 81 FR 68110.
    By revising the IBR date of 40 CFR 52.21 to February 17, 2016, 
Mississippi's June 7, 2016 SIP revision incorporates the GHG Step 3 
Rule and removes permitting requirements for Step 2 sources.

B. Grandfather Provisions for 2012 Primary Annual PM2.5 and 
2015 Ozone NAAQS

    Pursuant to section 165(a)(3)(B) of the CAA and the implementing 
PSD regulations at 40 CFR 52.21(k)(1) and

[[Page 37017]]

51.166(k)(1), EPA requires that PSD permit applications include a 
demonstration that emissions from the proposed facility will not cause 
or contribute to a violation of any NAAQS that is in effect on the date 
the PSD permit is issued. On January 15, 2013 (78 FR 3086), and October 
26, 2015 (80 FR 65292), EPA published new primary annual 
PM2.5 NAAQS and 8-hour ozone NAAQS, respectively. In these 
two revisions to the NAAQS, EPA established limited grandfathering 
provisions for certain PSD permit applications pending on the effective 
date of these revised NAAQS. Additionally, the revisions to both 
standards included the option to allow states and other air agencies 
that issue PSD permits under SIP-approved PSD programs to adopt a 
comparable grandfathering provision, as long as the provision is at 
least as stringent as that added to 40 CFR 51.166.
    For the 2012 primary annual PM2.5 NAAQS, sources with 
PSD permit applications that meet one of the following conditions would 
be allowed to give a demonstration that the source requesting the 
permit does not cause or contribute to a violation of the NAAQS based 
on the previous 1997 primary annual PM2.5 standard instead 
of the revised 2012 standard: (1) Applications that have been 
determined to be complete on or before December 14, 2012; or (2) 
applications for which public notice of a draft permit or preliminary 
determination has been published as of the effective date of the 
revised 2012 PM2.5 NAAQS (March 18, 2013).
    For the 2015 8-hour ozone NAAQS revision, sources with PSD permit 
applications that meet one of the following conditions would be allowed 
to give a demonstration that the source requesting the permit does not 
cause or contribute to a violation of the NAAQS based on the previous 
2008 8-hour ozone standard, instead of the revised 2015 standard: (1) 
Applications for which the reviewing authority has formally determined 
that the application is complete on or before October 1, 2015; or (2) 
applications for which the reviewing authority has first published a 
public notice of the draft permit or preliminary determination before 
the effective date of the revised 2015 8-hour ozone NAAQS (December 28, 
2015).
    By revising the IBR date of 40 CFR 52.21 to February 17, 2016, 
Mississippi's June 7, 2016 SIP revision incorporates both the 2012 
annual PM2.5 and 2015 8-hour ozone grandfathering provisions 
for the PSD program.

C. PM2.5 Condensables Correction Rule

    On May 16, 2008, EPA finalized a rule titled ``Implementation of 
the New Source Review (NSR) Program for Particulate Matter Less Than 
2.5 Micrometers (PM2.5),'' Final Rule, 73 FR 28321 (May 16, 
2008) (hereinafter referred to as the 2008 NSR PM2.5 Rule). 
The 2008 NSR PM2.5 Rule revised the Federal NSR program 
requirements to establish the framework for implementing 
preconstruction permit review for the PM2.5 NAAQS in both 
attainment and NAAs. Among other things, the rule revised the 
definition of ``regulated NSR pollutant'' for PSD to add a paragraph 
providing that ``particulate matter (PM) emissions, PM2.5 
emissions and PM10 emissions shall include gaseous emissions 
from a source or activity which condense to form particulate matter at 
ambient temperatures'' and that on or after January 1, 2011, ``such 
condensable particulate matter shall be accounted for in applicability 
determinations and in establishing emissions limitations for PM, 
PM2.5 and PM10 in permits.'' See 73 FR 28321 at 
28348. A similar paragraph added to the nonattainment new source review 
(NNSR) rule does not include ``particulate matter (PM) emissions.'' See 
40 CFR 51.165(a)(1)(xxxvii)(D).
    On October 25, 2012, EPA took final action to amend the definition 
of ``regulated NSR pollutant'' promulgated in the 2008 NSR 
PM2.5 Rule regarding the PM condensable provision at 40 CFR 
51.166(b)(49)(vi), 52.21(b)(50)(i) and Appendix S to 40 CFR 51. See 77 
FR 65107. The PM2.5 Condensables Correction Rule removed the 
inadvertent requirement in the 2008 NSR PM2.5 Rule that the 
measurement of condensable particulate matter be included as part of 
the measurement and regulation of ``particulate matter emissions'' 
under the PSD program. The term ``particulate matter emissions'' 
includes filterable particles that are larger than PM2.5 or 
PM10 and is an indicator measured under various New Source 
Performance Standards (NSPS). See 40 CFR part 60.\8\
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    \8\ In addition to the NSPS, states regulated ``particulate 
matter emissions'' for many years in their SIPs for PM, and the same 
indicator has been used as a surrogate for determining compliance 
with certain standards contained in 40 CFR part 63, regarding 
National Emission Standards for Hazardous Air Pollutants.
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    By revising the IBR date of 40 CFR 52.21 to February 17, 2016, 
Mississippi's June 7, 2016 SIP revision captures the PM2.5 
Condensables Correction Rule promulgated by EPA on October 25, 2012. 
See 77 FR 65107.

III. Analysis of State's Submittal

    Mississippi currently has a SIP-approved NSR program for PSD at 11-
MAC-Part 2-5, including the regulation of GHGs under Step 1 and Step 2 
of the GHG Tailoring Rule. The June 7, 2016 submittal revises the PSD 
regulations by changing the incorporation by reference date of 40 CFR 
52.21 and 40 CFR 51.166 at 11-MAC-Part 2-5 Rule 5.1 and Rule 5.2 from 
November 4, 2011, to February 17, 2016.\9\ The effect of changing this 
incorporation by reference date at 40 CFR 52.21 is to include four 
changes to the PSD rules: (1) The adoption of GHG PAL provisions 
pursuant to the GHG Step 3 Rule; (2) the removal of permitting 
requirements for Step 2 sources; (3) the incorporation of 2012 
PM2.5 and 2015 8-hour ozone NAAQS grandfathering provisions; 
and (4) the incorporation of the correction to the PM2.5 
condensables provision as promulgated in the PM2.5 
Condensables Correction Rule.
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    \9\ As noted above, 11-MAC-Part 2-5 incorporates by reference 40 
CFR 52.21 with the exceptions noted in Rule 5.2 and incorporates by 
reference 40 CFR 51.166(f) and (q) with the exceptions noted in Rule 
5.4.
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    Mississippi's June 7, 2016 SIP revision seeks to add to the SIP 
elements of the EPA's July 12, 2012 rule implementing Step 3 of the 
phase-in of PSD permitting requirements for GHGs described in the GHG 
Step 3 Rule. Specifically, the incorporation of the GHG Step 3 Rule 
provisions will allow GHG-emitting sources to obtain PALs for their GHG 
emissions on a CO2e basis. As explained in Section II.A above, a PAL 
establishes a site-specific plantwide emission level for a pollutant, 
which allows the source to make changes to individual units at the 
facility without triggering the requirements of the PSD program, 
provided that facility-wide emissions do not exceed the PAL.
    The Federal GHG PAL regulations include provisions that apply 
solely to GHG-only, or Step 2, sources. Some of these provisions may no 
longer be applicable in light of the Supreme Court's decision in UARG 
and the D.C. Circuit's Amended Judgment. Since the Supreme Court has 
determined that sources and modifications may not be defined as 
``major'' solely on the basis of GHGs emitted or increased, PALs for 
GHGs may no longer have value in some situations where a source might 
have triggered PSD based on GHG emissions alone. EPA has proposed 
action in an October 3, 2016 proposed rule to clarify the GHG PAL 
rules. See 81 FR 68110. However, PALs for GHGs may still have a role to 
play in determining whether a

[[Page 37018]]

source that is already subject to PSD for a pollutant other than GHGs 
should also be subject to PSD for GHGs.
    Moreover, the existing GHG PALs regulations do not add new 
requirements for sources or modifications that only emit or increase 
greenhouse gases above the major source threshold or the 75,000 ton per 
year GHG level in 40 CFR 52.21(b)(49)(iv). Rather, the PALs provisions 
provide increased flexibility to sources that wish to address their GHG 
emissions in a PAL. Since this flexibility may still be valuable to 
sources in at least one context described above, the Agency believes 
that it is appropriate to approve these provisions into the Mississippi 
SIP at this time.
    Mississippi's June 7, 2016 submittal incorporates the Federal PSD 
provisions as of February 17, 2016, which is after the UARG decision, 
the D.C. Circuit's Amended Judgment, and EPA's August 19, 2015 Good 
Cause GHG Rule. Therefore, Mississippi incorporates fixes to the 
Federal rules to discontinue regulation of GHG-only, or Step 2, sources 
with this SIP revision. EPA is approving the removal of the regulation 
of Step 2 sources with this action.
    EPA has concluded that approving these changes into the SIP will 
not interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the CAA. Step 2 of the GHG Tailoring Rule was 
invalidated. EPA discussed the effects of PALs in the Supplemental 
Environmental Analysis of the Impact of the 2002 Final NSR Improvement 
Rules (November 21, 2002) (Supplemental Analysis). The Supplemental 
Analysis explained, ``[t]he EPA expects that the adoption of PAL 
provisions will result in a net environmental benefit. Our experience 
to date is that the emissions caps found in PAL-type permits result in 
real emissions reductions, as well as other benefits.'' Supplemental 
Analysis at 6; see also 76 FR 49313, 49315 (August 10, 2011). EPA is 
therefore approving the PALs provisions into the Mississippi SIP, as 
incorporated by reference.
    Mississippi's June 7, 2016 SIP revision also incorporates revisions 
to the PSD permitting requirements for both the 2012 primary annual 
PM2.5 (See 78 FR 3086 (January 15, 2013)) and the 2015 ozone 
8-hour (See 80 FR 65292 (October 26, 2015)) NAAQS. The new 
incorporation by reference date adds limited grandfathering provisions 
for both standards that allows sources who are eligible to meet the 
previous standard for these NAAQS instead of the newly promulgated 
standards. EPA is approving these grandfathering provisions of the 2012 
primary annual PM2.5 and the 2015 8-hour ozone NAAQS, as 
incorporated by reference. EPA has concluded that this change will not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the CAA. The rationale for allowing states to 
include these grandfathering provisions into their SIPs is discussed in 
detail at 78 FR 3086 (January 15, 2013) (2012 primary annual 
PM2.5 NAAQS) and 80 FR 65292 (October 26, 2015) (2015 8-hour 
ozone NAAQS). EPA is therefore approving these grandfathering 
provisions into the Mississippi SIP, as incorporated by reference.
    Finally, by changing the incorporation by reference date for 11-
MAC-Part 2-5 in the SIP revision, Mississippi also adopts changes made 
by EPA in the PM2.5 Condensables Correction Rule. See 77 FR 
65107 (October 25, 2012). As explained in Section II.C, the Federal 
rule corrected an inadvertent error in the definition of ``regulated 
NSR pollutant'' at 40 CFR 52.21(b)(50). EPA has concluded that this 
change will not interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in section 171), 
or any other applicable requirement of the CAA, and is approving this 
revision to the Mississippi SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Rule 5.1 and 
Rule 5.2 at Mississippi Administrative Code, Title 11, Part 2, Chapter 
5, entitled ``Regulations for the Prevention of Significant 
Deterioration of Air Quality,'' effective May 28, 2016, which revises 
PSD rules.\10\ Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\11\ EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 4 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).
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    \10\ See footnotes 3 and 5 for additional detail.
    \11\ 62 FR 27968 (May 22, 1997).
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V. Final Action

    EPA is taking a direct final action to approve the portion of 
Mississippi's June 7, 2016 SIP revision to update the IBR date for the 
Federal requirements of the PSD program. This SIP revision is intended 
to make Mississippi's state permitting rule consistent with the Federal 
requirements, as promulgated by EPA. The June 7, 2016 SIP submission 
updates the IBR date at 11-MAC-Part 2-5 to February 17, 2016, for the 
Federal PSD permitting regulations at 40 CFR 52.21 and 51.166. By 
revising the IBR date, this SIP revision modifies the existing GHG PSD 
permitting program and incorporates PSD provisions related to the 2012 
primary annual PM2.5 and 2015 8-hour ozone NAAQS.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective October 10, 2017 
without further notice unless the Agency receives adverse comments by 
September 7, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 10, 2017 and no 
further action will be taken on the proposed rule.

VI. 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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond

[[Page 37019]]

those imposed by state law. For that reason, this 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 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 10, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

    Dated: July 25, 2017.
 V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Z--Mississippi

0
2. Section 52.1270(c) is amended by adding in alphanumerical order the 
undesignated heading ``11-MAC--Part 2-5 Regulations for the Prevention 
of Significant Deterioration of Air Quality'' and entries for ``Rule 
5.1'' and ``Rule 5.2'' to read as follows:


Sec.  52.1270  Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
    State               Title/subject               effective        EPA approval date           Explanation
  citation                                            date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
           11-MAC--Part 2-5 Regulations for the Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
Rule 5.1....  Purpose of this regulation.......       5/28/2016  8/8/2017, [Insert          The version of Rule
                                                                  citation of publication].  5.1 in the SIP does
                                                                                             not incorporate by
                                                                                             reference: (1) The
                                                                                             provisions amended
                                                                                             in the Ethanol Rule
                                                                                             (published in the
                                                                                             Federal Register
                                                                                             May 1, 2007) to
                                                                                             exclude facilities
                                                                                             that produce
                                                                                             ethanol through a
                                                                                             natural
                                                                                             fermentation
                                                                                             process from the
                                                                                             definition of
                                                                                             ``chemical process
                                                                                             plants'' in the
                                                                                             major NSR source
                                                                                             permitting program
                                                                                             found at 40 CFR
                                                                                             52.21(b)(1)(i)(a)
                                                                                             and (b)(1)(iii)(t),
                                                                                             or (2) the
                                                                                             provisions at 40
                                                                                             CFR 52.21(b)(2)(v)
                                                                                             and (b)(3)(iii)(c)
                                                                                             that were stayed
                                                                                             indefinitely by the
                                                                                             Fugitive Emissions
                                                                                             Interim Rule
                                                                                             (published in the
                                                                                             Federal Register
                                                                                             March 30, 2011). As
                                                                                             discussed in
                                                                                             [Insert citation of
                                                                                             publication], EPA
                                                                                             approved renaming
                                                                                             and reformatting
                                                                                             changes to the
                                                                                             State's SIP-
                                                                                             approved PSD
                                                                                             regulations via a
                                                                                             July 20, 2017,
                                                                                             Letter Notice.

[[Page 37020]]

 
Rule 5.2....  Adoption of Federal Rules by            5/28/2016  8/8/2017, [Insert          The version of Rule
               Reference.                                         citation of publication].  5.2 in the SIP does
                                                                                             not incorporate by
                                                                                             reference: (1) The
                                                                                             provisions amended
                                                                                             in the Ethanol Rule
                                                                                             (published in the
                                                                                             Federal Register
                                                                                             May 1, 2007) to
                                                                                             exclude facilities
                                                                                             that produce
                                                                                             ethanol through a
                                                                                             natural
                                                                                             fermentation
                                                                                             process from the
                                                                                             definition of
                                                                                             ``chemical process
                                                                                             plants'' in the
                                                                                             major NSR source
                                                                                             permitting program
                                                                                             found at 40 CFR
                                                                                             52.21(b)(1)(i)(a)
                                                                                             and (b)(1)(iii)(t),
                                                                                             or (2) the
                                                                                             provisions at 40
                                                                                             CFR 52.21(b)(2)(v)
                                                                                             and (b)(3)(iii)(c)
                                                                                             that were stayed
                                                                                             indefinitely by the
                                                                                             Fugitive Emissions
                                                                                             Interim Rule
                                                                                             (published in the
                                                                                             Federal Register
                                                                                             March 30, 2011). As
                                                                                             discussed in
                                                                                             [Insert citation of
                                                                                             publication], EPA
                                                                                             approved renaming
                                                                                             and reformatting
                                                                                             changes to the
                                                                                             State's SIP-
                                                                                             approved PSD
                                                                                             regulations via a
                                                                                             July 20, 2017
                                                                                             Letter Notice.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-16616 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P