Approval and Promulgation of Air Quality Implementation Plans; Mississippi; Update to Materials Incorporated by Reference, 1712-1715 [2010-348]
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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a security
zone. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–
295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
2. Add § 165.1327 to read as follows:
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§ 165.1327 Security Zone; Escorted U.S.
Navy Submarines in Sector Seattle Captain
of the Port Zone.
(a) Location. The following area is a
security zone: All waters within 1,000
yards of any U.S. Navy submarine that
is operating in the Sector Seattle
Captain of the Port Zone, as defined in
33 CFR 3.65–10, and that is being
escorted by the Coast Guard.
(b) Regulations. In accordance with
the general regulations in 33 CFR part
165, subpart D, no person or vessel may
enter or remain in the security zone
created by paragraph (a) of this section
unless authorized by the Coast Guard
patrol commander. 33 CFR part 165,
subpart D, contains additional
provisions applicable to the security
zone created in paragraph (a) of this
section.
(c) Notification. The Coast Guard
security escort will attempt, when
necessary and practicable, to notify any
persons or vessels inside or in the
vicinity of the security zone created in
paragraph (a) of this section of its
existence via VHF Channel 16 and/or
any other means reasonably available.
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[FR Doc. 2010–438 Filed 1–12–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[MS–200923; FRL–9088–6]
Approval and Promulgation of Air
Quality Implementation Plans;
Mississippi; Update to Materials
Incorporated by Reference
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
■
Dated: December 16, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
SUMMARY: EPA is publishing this action
to provide the public with notice of the
update to the Mississippi State
Implementation Plan (SIP) compilation.
In particular, materials submitted by
Mississippi that are incorporated by
reference (IBR) into the Mississippi SIP
are being updated to reflect EPAapproved revisions to Mississippi’s SIP
that have occurred since the last update.
In this action, EPA is also notifying the
public of the correction of certain
typographical errors.
DATES: This action is effective January
13, 2010.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, GA 30303; the Air
and Radiation Docket and Information
Center, EPA Headquarters Library,
Infoterra Room (Room Number 3334),
EPA West Building, 1301 Constitution
Ave., NW., Washington, DC 20460, and
the National Archives and Records
Administration. If you wish to obtain
materials from a docket in the EPA
Headquarters Library, please call the
Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566–
1742. For information on the availability
of this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Ms.
Twunjala Bradley at the above Region 4
address or at (404) 562–9352.
SUPPLEMENTARY INFORMATION: Each state
has a SIP containing the control
measures and strategies used to attain
and maintain the national ambient air
quality standards (NAAQS). The SIP is
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extensive, containing such elements as
air pollution control regulations,
emission inventories, monitoring
networks, attainment demonstrations,
and enforcement mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the SIP to EPA. Once these
control measures and strategies are
approved by EPA, after notice and
comment, they are incorporated into the
federally approved SIP and are
identified in part 52 ‘‘Approval and
Promulgation of Implementation Plans,’’
Title 40 of the Code of Federal
Regulations (40 CFR part 52). The full
text of the state regulation approved by
EPA is not reproduced in its entirety in
40 CFR part 52, but is ‘‘incorporated by
reference.’’ This means that EPA has
approved a given state regulation with
a specific effective date. The public is
referred to the location of the full text
version should they want to know
which measures are contained in a
given SIP. The information provided
allows EPA and the public to monitor
the extent to which a state implements
a SIP to attain and maintain the NAAQS
and to take enforcement action if
necessary.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
SIP revisions containing new and/or
revised regulations as being part of the
SIP. On May 22, 1997, (62 FR 27968),
EPA revised the procedures for
incorporating by reference, into the
CFR, materials submitted by states in
their EPA-approved SIP revisions. These
changes revised the format for the
identification of the SIP in 40 CFR part
52, stream-lined the mechanisms for
announcing EPA approval of revisions
to a SIP, and stream-lined the
mechanisms for EPA’s updating of the
IBR information contained for each SIP
in 40 CFR part 52. The revised
procedures also called for EPA to
maintain ‘‘SIP Compilations’’ that
contain the federally-approved
regulations and source specific permits
submitted by each state agency. These
SIP Compilations are contained in 3ring binders and are updated primarily
on an annual basis. Under the revised
procedures, EPA is to periodically
publish an informational document in
the rules section of the Federal Register
when updates are made to a SIP
Compilation for a particular state. EPA’s
1997 revised procedures were formally
applied to Mississippi on July 1, 1997
(62 FR 35441).
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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
This action represents EPA’s
publication of the Mississippi SIP
Compilation update, appearing in 40
CFR part 52. In addition, notice is
provided of the following typographical
corrections to Table (c) of paragraph
52.1270, as described below:
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1. Correcting typographical errors listed in
Table 1 of paragraph 52.127(c), as described
below:
A. State Citation APC–S–1 Section 6 State
Effective Date is revised to read ‘‘5/28/99.’’
B. State Citation APC–S–2 Sections I thru
XVII EPA Approval Date and Citation is
revised to read ‘‘7/10/06, 71 FR 38773’’
respectively.
C. State Citation APC–S–2 Section I State
Effective Date is revised to read ‘‘8/27/05.’’
D. State Citation APC–S–2 Section XVI EPA
Approval Date Citation is revised to read
‘‘71 FR 38773.’’
E. State Citation APC–S–2 is revised to read,
‘‘Section I.’’
F. State Citation APC–S–3 Section 2 is
revised to read ‘‘2/4/72.’’
2. Revising the date format listed in
paragraphs 52.1270(c). Revise the date format
in the ‘‘State effective date,’’ and ‘‘EPA
approval date,’’ columns for consistency.
Dates are numerical month/day/year without
additional zeros.
EPA has determined that today’s
action falls under the ‘‘good cause’’
exemption in the section 553(b)(3)(B) of
the Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make an action effective immediately
(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). Today’s administrative action
simply codifies provisions which are
already in effect as a matter of law in
Federal and approved state programs
and corrects typographical errors
appearing the Federal Register. Under
section 553 of the APA, an agency may
find good cause where procedures are
‘‘impractical, unnecessary, or contrary to
the public interest.’’ Public comment for
this administrative action is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
(and typographical corrections) only
reflect existing law. Immediate notice of
this action in the Federal Register
benefits the public by providing the
public notice of the updated Mississippi
SIP Compilation and notice of
typographical corrections to the
Mississippi ‘‘Identification of Plan’’
portion of the Federal Register.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this
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administrative action is not a
‘‘significant regulatory action’’ and is
therefore not subject to review by the
Office of Management and Budget. This
action is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866. Because the Agency has made a
‘‘good cause’’ finding that this action is
not subject to notice-and-comment
requirements under the APA or any
other statute as indicated in the
Supplementary Information section
above, it is not subject to the regulatory
flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C 601 et seq.), or
to sections 202 and 205 of the Unfunded
Mandates Reform Act (UMRA) of 1995
(Pub. L. 104–4). In addition, this action
does not significantly or uniquely affect
small governments or impose a
significant intergovernmental mandate,
as described in sections 203 and 204 of
UMRA. This administrative action also
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will
it have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This administrative
action also is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant. This administrative action
does not involve technical standards;
thus the requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The
administrative action also does not
involve special consideration of
environmental justice related issues as
required by Executive Order 12898 (59
FR 7629, February 16, 1994). This
administrative action does not impose
an information collection burden under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). EPA’s
compliance with these Statutes and
Executive Orders for the underlying
rules are discussed in previous actions
taken on the State’s rules.
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B. Submission to Congress and the
Comptroller General
The Congressional Review Act (CRA)
(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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. Today’s administrative action
simply codifies (and corrects)
provisions which are already in effect as
a matter of law in Federal and approved
State programs. 5 U.S.C. 808(2). These
announced actions were effective when
EPA approved them through previous
rulemaking actions. 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 this action
in the Federal Register. This update to
Mississippi’s SIP Compilation and
correction of typographical errors is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
EPA has also determined that the
provisions of section 307(b)(1) of the
Clean Air Act pertaining to petitions for
judicial review are not applicable to this
action. This action is simply an
announcement of prior rulemakings that
have previously undergone notice and
comment rulemaking. Prior EPA
rulemaking actions for each individual
component of the Mississippi SIP
compilation previously afforded
interested parties the opportunity to file
a petition for judicial review in the
United States Court of Appeals for the
appropriate circuit within 60 days of
such rulemaking action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 6, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. Section 52.1270 paragraphs (b) and
(c) are revised to read as follows:
■
§ 52.1270
Identification of plan.
*
*
*
*
*
(b) Incorporation by reference.
(1) Material listed in paragraph (c) of
this section with an EPA approval date
prior to October 3, 2007, for Mississippi
was approved for incorporation by
reference by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. Material is
inspected at the Region 4 EPA Office at
61 Forsyth Street, SW., Atlanta, GA
30303, the Air and Radiation Docket
and Information Center, EPA
Headquarters Library, Infoterra Room
(Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC 20460, and the
National Archives and Records
Administration. If you wish to obtain
materials from a docket in the EPA
Headquarters Library, please call the
Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566–
1742. For information on the availability
of this material at NARA, call 202–741–
6030, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(c) EPA Approved Mississippi
Regulations.
incorporated as it exists on the date of
the approval, and notice of any change
in the material will be published in the
Federal Register. Entries in paragraphs
(c) and (d) of this section with EPA
approval dates after October 3, 2007, for
Mississippi will be incorporated by
reference in the next update to the SIP
compilation.
(2) EPA Region 4 certifies that the
rules/regulations provided by EPA in
the SIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State Implementation Plan as of the
dates referenced in paragraph (b)(1).
(3) Copies of the materials
incorporated by reference may be
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
APC–S–1
Section 1 ....................
Section 2 ....................
Section 3 ....................
Section 4 ....................
Section 5 ....................
Section 6 ....................
Section 7 ....................
Section 9 ....................
Section 10 ..................
Section 11 ..................
Section 14 ..................
Section I .....................
Section II ....................
Section III ...................
Section IV ..................
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Section
Section
Section
Section
V ...................
VI ..................
VII .................
VIII ................
Section
Section
Section
Section
Section
Section
Section
Section
Section
IX ..................
X ...................
XI ..................
XII .................
XIII ................
XIV ................
XV .................
XVI ................
XVII ...............
EPA approval date
Explanation
Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
General .............................................................
Definitions .........................................................
Specific Criteria for Sources of Particulate
Matter.
Specific Criteria for Sources of Sulfur Compounds.
Specific Criteria for Sources of Chemical
Emissions.
New Sources ....................................................
1/9/94
1/9/94
5/28/99
Exceptions ........................................................
Stack Height Considerations. ...........................
Provisions for Upsets, Startups, and Shutdowns.
Severability .......................................................
Provision for the Clean Air Interstate Rule .......
2/4/72
5/1/86
1/9/94
5/31/72, 37 FR 10875.
9/23/87, 52 FR 35704.
2/12/96, 61 FR 5295.
1/9/94
12/17/06
2/12/96, 61 FR 5295.
10/3/07, 72 FR 56268.
APC–S–2
VerDate Nov<24>2008
State effective
date
Title/subject
1/9/94
2/12/96, 61 FR 5295.
1/9/94
2/12/96, 61 FR 5295.
5/28/99
12/20/02, 67 FR 77926 ......
Subsection 2, ‘‘Other
Limitations,’’ and
Subsection 3, ‘‘New
Source Performance
Standards,’’ are not
federally approved.
Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
General Requirements ......................................
General Standards Applicable to All Permits ...
Application For Permit To Construct and State
Permit To Operate New Stationary Source.
Public Participation and Public Availability of
Information.
Application Review ...........................................
Compliance Testing ..........................................
Emission Evaluation Report .............................
Procedures for Renewal of State Permit To
Operate.
Reporting and Record Keeping ........................
Emission Reduction Schedule ..........................
General Permits ................................................
Multi-Media Permits ..........................................
Exclusions .........................................................
CAFO ................................................................
Options ..............................................................
Permit Transfer .................................................
Severability .......................................................
14:41 Jan 12, 2010
2/12/96, 61 FR 5295.
2/12/96, 61 FR 5295.
12/20/02, 67 FR 77926.
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8/27/05
8/27/05
8/27/05
7/10/06, 71 FR 38773.
7/10/06, 71 FR 38773.
7/10/06, 71 FR 38773.
8/27/05
7/10/06, 71 FR 38773.
8/27/05
8/27/05
8/27/05
8/27/05
7/10/06,
7/10/06,
7/10/06,
7/10/06,
71
71
71
71
FR
FR
FR
FR
38773.
38773.
38773.
38773.
8/27/05
8/27/05
8/27/05
8/27/05
8/27/05
8/27/05
8/27/05
8/27/05
8/27/05
7/10/06,
7/10/06,
7/10/06,
7/10/06,
7/10/06,
7/10/06,
7/10/06,
7/10/06,
7/10/06,
71
71
71
71
71
71
71
71
71
FR
FR
FR
FR
FR
FR
FR
FR
FR
38773.
38773.
38773.
38773.
38773.
38773.
38773.
38773.
38773.
Sfmt 4700
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Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations
1715
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State citation
APC–S–3
Section
Section
Section
Section
Section
1
2
3
4
5
State effective
date
Title/subject
....................
....................
....................
....................
....................
...........................................................................
*
*
*
*
[FR Doc. 2010–348 Filed 1–12–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0474; FRL–9100–1]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVAPCD) portion of the California
SUMMARY:
Local agency
SJVAPCD ......................................................
4307
We proposed to approve these rules
because we determined that they
complied with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. During this
period, we received no comments.
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8/27/05
Rule No.
4306
III. EPA Action
Since publication of the proposed
action, we identified two minor issues
regarding Rule 4307 that do not change
our assessment that the submitted rule
complies with the relevant CAA
requirements. Nonetheless, revisions to
14:41 Jan 12, 2010
5/31/72, 37 FR 10875.
5/31/72, 37 FR 10875.
11/13/89, 54 FR 47211.
5/31/72, 37 FR 10875.
11/13/89, 54 FR 47211.
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7/10/06, 71 FR 38773.
State Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on August 14, 2009 and
concern oxides of nitrogen (NOX) and
particulate matter (PM) emissions from
boilers of various capacities. We are
approving local rules that regulate these
emission sources under the Clean Air
Act as amended in 1990 (CAA or the
Act).
DATES: Effective Date: This rule is
effective on February 12, 2010.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2009–0474 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
SJVAPCD ......................................................
VerDate Nov<24>2008
2/4/72
2/4/72
6/3/88
2/4/72
6/3/88
Regulations for the Prevention of Significant Deterioration of Air Quality
All ...............................
*
Explanation
Regulations for the Prevention of Air Pollution Emergency Episodes
General .............................................................
Definitions .........................................................
Episode Criteria ................................................
Emission Control Action Programs ...................
Emergency Orders ............................................
APC–S–5
EPA approval date
FOR FURTHER INFORMATION CONTACT:
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 14, 2009 (74 FR 41104),
EPA proposed to approve the following
rules into the California SIP.
Rule title
Adopted
Boilers, Steam Generators and Process Heaters—
Phase 3.
Boilers, Steam Generators and Process Heaters—2.0
MMbtu/hr to 5.0 MMbtu/hr.
these provisions should be made when
the Rule is next revised.
We have identified the possibility that
some units that are subject to Rule 4307
do not need exemptions from basic
emission limits during start-up and
shutdown periods as long as they are
maintained and operated appropriately.
For example, we believe that heater
treaters which rely only on low-NOX
burners for compliance are capable of
consistent compliance with the Rule’s
basic emission limits during these
periods. As a result, Section 5.4 should
be revised to remove the start-up and
shutdown exemption period for such
devices.
Currently Section 6.1.4 requires
recordkeeping only if the start-up and
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some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
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Submitted
10/16/08
03/17/09
10/16/08
03/17/09
shut-down event exceeds the limitations
of the duration of such events in Section
5.4.1 or 5.4.2. EPA recommends that
Section 6.1.4 of Rule 4307 be revised to
require records that specify the duration
of all start-up and shut-down periods (at
least for units located at Title V
facilities). EPA notes that the limited
applicability of the current version of
6.1.4 may not be appropriate in other
rules, particularly those where periodic
or continuous monitoring is required.
No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these rules
into the California SIP.
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]]>Agencies
[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Rules and Regulations]
[Pages 1712-1715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-348]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MS-200923; FRL-9088-6]
Approval and Promulgation of Air Quality Implementation Plans;
Mississippi; Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; administrative change.
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SUMMARY: EPA is publishing this action to provide the public with
notice of the update to the Mississippi State Implementation Plan (SIP)
compilation. In particular, materials submitted by Mississippi that are
incorporated by reference (IBR) into the Mississippi SIP are being
updated to reflect EPA-approved revisions to Mississippi's SIP that
have occurred since the last update. In this action, EPA is also
notifying the public of the correction of certain typographical errors.
DATES: This action is effective January 13, 2010.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, GA 30303; the Air and Radiation Docket and Information Center,
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the
National Archives and Records Administration. If you wish to obtain
materials from a docket in the EPA Headquarters Library, please call
the Office of Air and Radiation (OAR) Docket/Telephone number: (202)
566-1742. For information on the availability of this material at NARA,
call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Ms. Twunjala Bradley at the above
Region 4 address or at (404) 562-9352.
SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control
measures and strategies used to attain and maintain the national
ambient air quality standards (NAAQS). The SIP is extensive, containing
such elements as air pollution control regulations, emission
inventories, monitoring networks, attainment demonstrations, and
enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the SIP to EPA. Once these control measures and
strategies are approved by EPA, after notice and comment, they are
incorporated into the federally approved SIP and are identified in part
52 ``Approval and Promulgation of Implementation Plans,'' Title 40 of
the Code of Federal Regulations (40 CFR part 52). The full text of the
state regulation approved by EPA is not reproduced in its entirety in
40 CFR part 52, but is ``incorporated by reference.'' This means that
EPA has approved a given state regulation with a specific effective
date. The public is referred to the location of the full text version
should they want to know which measures are contained in a given SIP.
The information provided allows EPA and the public to monitor the
extent to which a state implements a SIP to attain and maintain the
NAAQS and to take enforcement action if necessary.
The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions
containing new and/or revised regulations as being part of the SIP. On
May 22, 1997, (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the CFR, materials submitted by states
in their EPA-approved SIP revisions. These changes revised the format
for the identification of the SIP in 40 CFR part 52, stream-lined the
mechanisms for announcing EPA approval of revisions to a SIP, and
stream-lined the mechanisms for EPA's updating of the IBR information
contained for each SIP in 40 CFR part 52. The revised procedures also
called for EPA to maintain ``SIP Compilations'' that contain the
federally-approved regulations and source specific permits submitted by
each state agency. These SIP Compilations are contained in 3-ring
binders and are updated primarily on an annual basis. Under the revised
procedures, EPA is to periodically publish an informational document in
the rules section of the Federal Register when updates are made to a
SIP Compilation for a particular state. EPA's 1997 revised procedures
were formally applied to Mississippi on July 1, 1997 (62 FR 35441).
[[Page 1713]]
This action represents EPA's publication of the Mississippi SIP
Compilation update, appearing in 40 CFR part 52. In addition, notice is
provided of the following typographical corrections to Table (c) of
paragraph 52.1270, as described below:
1. Correcting typographical errors listed in Table 1 of
paragraph 52.127(c), as described below:
A. State Citation APC-S-1 Section 6 State Effective Date is revised
to read ``5/28/99.''
B. State Citation APC-S-2 Sections I thru XVII EPA Approval Date and
Citation is revised to read ``7/10/06, 71 FR 38773'' respectively.
C. State Citation APC-S-2 Section I State Effective Date is revised
to read ``8/27/05.''
D. State Citation APC-S-2 Section XVI EPA Approval Date Citation is
revised to read ``71 FR 38773.''
E. State Citation APC-S-2 is revised to read, ``Section I.''
F. State Citation APC-S-3 Section 2 is revised to read ``2/4/72.''
2. Revising the date format listed in paragraphs 52.1270(c).
Revise the date format in the ``State effective date,'' and ``EPA
approval date,'' columns for consistency. Dates are numerical month/
day/year without additional zeros.
EPA has determined that today's action falls under the ``good
cause'' exemption in the section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation and section 553(d)(3)
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA). Today's administrative action simply codifies provisions
which are already in effect as a matter of law in Federal and approved
state programs and corrects typographical errors appearing the Federal
Register. Under section 553 of the APA, an agency may find good cause
where procedures are ``impractical, unnecessary, or contrary to the
public interest.'' Public comment for this administrative action is
``unnecessary'' and ``contrary to the public interest'' since the
codification (and typographical corrections) only reflect existing law.
Immediate notice of this action in the Federal Register benefits the
public by providing the public notice of the updated Mississippi SIP
Compilation and notice of typographical corrections to the Mississippi
``Identification of Plan'' portion of the Federal Register.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
administrative action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866. Because the
Agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the APA or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA. This
administrative action also does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This administrative action also is not subject to Executive
Order 13045 (62 FR 19885, April 23, 1997), because it is not
economically significant. This administrative action does not involve
technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. The administrative action also does not involve
special consideration of environmental justice related issues as
required by Executive Order 12898 (59 FR 7629, February 16, 1994). This
administrative action does not impose an information collection burden
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
EPA's compliance with these Statutes and Executive Orders for the
underlying rules are discussed in previous actions taken on the State's
rules.
B. Submission to Congress and the Comptroller General
The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
administrative action simply codifies (and corrects) provisions which
are already in effect as a matter of law in Federal and approved State
programs. 5 U.S.C. 808(2). These announced actions were effective when
EPA approved them through previous rulemaking actions. 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 this action in the
Federal Register. This update to Mississippi's SIP Compilation and
correction of typographical errors is not a ``major rule'' as defined
by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. This action is simply an announcement of
prior rulemakings that have previously undergone notice and comment
rulemaking. Prior EPA rulemaking actions for each individual component
of the Mississippi SIP compilation previously afforded interested
parties the opportunity to file a petition for judicial review in the
United States Court of Appeals for the appropriate circuit within 60
days of such rulemaking action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 6, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
[[Page 1714]]
PART 52--[AMENDED]
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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 paragraphs (b) and (c) are revised to read as
follows:
Sec. 52.1270 Identification of plan.
* * * * *
(b) Incorporation by reference.
(1) Material listed in paragraph (c) of this section with an EPA
approval date prior to October 3, 2007, for Mississippi was approved
for incorporation by reference by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after October 3, 2007, for Mississippi will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW.,
Atlanta, GA 30303, the Air and Radiation Docket and Information Center,
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the
National Archives and Records Administration. If you wish to obtain
materials from a docket in the EPA Headquarters Library, please call
the Office of Air and Radiation (OAR) Docket/Telephone number: (202)
566-1742. For information on the availability of this material at NARA,
call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA Approved Mississippi Regulations.
EPA-Approved Mississippi Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
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Section 1.......................... General...................... 1/9/94 2/12/96, 61 FR 5295.......................
Section 2.......................... Definitions.................. 1/9/94 2/12/96, 61 FR 5295.......................
Section 3.......................... Specific Criteria for Sources 5/28/99 12/20/02, 67 FR 77926.....................
of Particulate Matter.
Section 4.......................... Specific Criteria for Sources 1/9/94 2/12/96, 61 FR 5295.......................
of Sulfur Compounds.
Section 5.......................... Specific Criteria for Sources 1/9/94 2/12/96, 61 FR 5295.......................
of Chemical Emissions.
Section 6.......................... New Sources.................. 5/28/99 12/20/02, 67 FR 77926..................... Subsection 2, ``Other
Limitations,'' and
Subsection 3, ``New
Source Performance
Standards,'' are not
federally approved.
Section 7.......................... Exceptions................... 2/4/72 5/31/72, 37 FR 10875......................
Section 9.......................... Stack Height Considerations.. 5/1/86 9/23/87, 52 FR 35704......................
Section 10......................... Provisions for Upsets, 1/9/94 2/12/96, 61 FR 5295.......................
Startups, and Shutdowns.
Section 11......................... Severability................. 1/9/94 2/12/96, 61 FR 5295.......................
Section 14......................... Provision for the Clean Air 12/17/06 10/3/07, 72 FR 56268......................
Interstate Rule.
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APC-S-2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
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Section I.......................... General Requirements......... 8/27/05 7/10/06, 71 FR 38773......................
Section II......................... General Standards Applicable 8/27/05 7/10/06, 71 FR 38773......................
to All Permits.
Section III........................ Application For Permit To 8/27/05 7/10/06, 71 FR 38773......................
Construct and State Permit
To Operate New Stationary
Source.
Section IV......................... Public Participation and 8/27/05 7/10/06, 71 FR 38773......................
Public Availability of
Information.
Section V.......................... Application Review........... 8/27/05 7/10/06, 71 FR 38773......................
Section VI......................... Compliance Testing........... 8/27/05 7/10/06, 71 FR 38773......................
Section VII........................ Emission Evaluation Report... 8/27/05 7/10/06, 71 FR 38773......................
Section VIII....................... Procedures for Renewal of 8/27/05 7/10/06, 71 FR 38773......................
State Permit To Operate.
Section IX......................... Reporting and Record Keeping. 8/27/05 7/10/06, 71 FR 38773......................
Section X.......................... Emission Reduction Schedule.. 8/27/05 7/10/06, 71 FR 38773......................
Section XI......................... General Permits.............. 8/27/05 7/10/06, 71 FR 38773......................
Section XII........................ Multi-Media Permits.......... 8/27/05 7/10/06, 71 FR 38773......................
Section XIII....................... Exclusions................... 8/27/05 7/10/06, 71 FR 38773......................
Section XIV........................ CAFO......................... 8/27/05 7/10/06, 71 FR 38773......................
Section XV......................... Options...................... 8/27/05 7/10/06, 71 FR 38773......................
Section XVI........................ Permit Transfer.............. 8/27/05 7/10/06, 71 FR 38773......................
Section XVII....................... Severability................. 8/27/05 7/10/06, 71 FR 38773......................
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[[Page 1715]]
APC-S-3 Regulations for the Prevention of Air Pollution Emergency Episodes
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Section 1.......................... General...................... 2/4/72 5/31/72, 37 FR 10875......................
Section 2.......................... Definitions.................. 2/4/72 5/31/72, 37 FR 10875......................
Section 3.......................... Episode Criteria............. 6/3/88 11/13/89, 54 FR 47211.....................
Section 4.......................... Emission Control Action 2/4/72 5/31/72, 37 FR 10875......................
Programs.
Section 5.......................... Emergency Orders............. 6/3/88 11/13/89, 54 FR 47211.....................
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APC-S-5 Regulations for the Prevention of Significant Deterioration of Air Quality
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All................................ ............................. 8/27/05 7/10/06, 71 FR 38773. ........................
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[FR Doc. 2010-348 Filed 1-12-10; 8:45 am]
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