Air Plan Approval; Mississippi: Prevention of Significant Deterioration Updates, 37015-37020 [2017-16616]
Download as PDF
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.386 is amended by
redesignating the undesignated
paragraph as paragraph (a) and adding
paragraph (b) to read as follows:
■
§ 52.386 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(b) On May 30, 2013, the State of
Connecticut submitted a State
Implementation Plan (SIP) revision
addressing the Section 110(a)(2)(D)(i)(I)
interstate transport requirements of the
Clean Air Act for the 2010 SO2 National
Ambient Air Quality Standards
(NAAQS). EPA has found that
Connecticut’s May 30, 2013 submittal
meets the requirements of Section
110(a)(2)(D)(i)(I) for the 2010 SO2
NAAQS.
[FR Doc. 2017–16487 Filed 8–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0188; FRL–9965–70Region 4]
Air Plan Approval; Mississippi:
Prevention of Significant Deterioration
Updates
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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,
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:18 Aug 07, 2017
Jkt 241001
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 https://
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
https://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
febres-martinez.andres@epa.gov.
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
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
37015
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
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
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.
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
E:\FR\FM\08AUR1.SGM
Continued
08AUR1
37016
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
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.
II. Background
A. Greenhouse Gases and Plantwide
Applicability Limits
asabaliauskas on DSKBBXCHB2PROD with RULES
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
standards for PM2.5, setting an annual standard at
a level of 15.0 micrograms per cubic meter (mg/m3)
and a 24-hour standard at a level of 65 mg/m3(62
FR 38652). At the time the 1997 primary standards
were established, EPA also established welfarebased (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 mg/m3 and retained the
existing annual PM2.5 NAAQS of 15.0 mg/m3 (71 FR
61236). On January 15, 2013, EPA published a final
rule revising the annual PM2.5 NAAQS to 12 mg/m3
(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.
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).
VerDate Sep<11>2014
16:34 Aug 07, 2017
Jkt 241001
GHGs. These sources are referred to as
‘‘anyway sources.’’
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.
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.
7 CO equivalent (CO e) emissions refers to
2
2
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).
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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
E:\FR\FM\08AUR1.SGM
08AUR1
asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
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.
VerDate Sep<11>2014
16:34 Aug 07, 2017
Jkt 241001
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
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.
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.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
37017
III. Analysis of State’s Submittal
Mississippi currently has a SIPapproved 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.
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
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.
E:\FR\FM\08AUR1.SGM
08AUR1
asabaliauskas on DSKBBXCHB2PROD with RULES
37018
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
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
VerDate Sep<11>2014
16:34 Aug 07, 2017
Jkt 241001
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
10 See
11 62
PO 00000
footnotes 3 and 5 for additional detail.
FR 27968 (May 22, 1997).
Frm 00028
Fmt 4700
Sfmt 4700
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
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
E:\FR\FM\08AUR1.SGM
08AUR1
37019
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
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
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(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:
■
§ 52.1270
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MISSISSIPPI REGULATIONS
State
citation
State effective
date
Title/subject
*
*
*
11–MAC—Part 2–5
asabaliauskas on DSKBBXCHB2PROD with RULES
Rule 5.1
Purpose of this regulation ..
VerDate Sep<11>2014
18:18 Aug 07, 2017
EPA approval date
Jkt 241001
*
Explanation
*
*
*
Regulations for the Prevention of Significant Deterioration of Air Quality
5/28/2016
PO 00000
8/8/2017, [Insert citation of publication].
Frm 00029
Fmt 4700
Sfmt 4700
The version of Rule 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.
E:\FR\FM\08AUR1.SGM
08AUR1
37020
Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State
citation
Rule 5.2
EPA approval date
5/28/2016
8/8/2017, [Insert citation of publication].
Adoption of Federal Rules
by Reference.
*
*
State effective
date
Title/subject
*
*
*
*
*
*
[FR Doc. 2017–16616 Filed 8–7–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0316; FRL–9964–74Region 9]
Approval and Promulgation of State
Implementation Plans; Nevada;
Regional Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Nevada Regional Haze State
Implementation Plan (SIP) submitted by
the Nevada Division of Environmental
Protection. The revision consists of the
‘‘Nevada Regional Haze 5-Year Progress
Report’’ that addresses Regional Haze
Rule requirements under the Clean Air
Act to document progress towards
achieving visibility goals by 2018 in
Class I Federal areas in Nevada and
nearby states. The EPA is taking final
action to approve Nevada’s
determination that the regional haze
requirements in the existing Nevada
Regional Haze SIP do not require any
substantive revision at this time.
DATES: This rule is effective September
7, 2017.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2015–
0316 for this action. Generally,
documents in the docket are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region 9, 75 Hawthorne Street, San
Francisco, California. Please note that
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:18 Aug 07, 2017
Jkt 241001
Explanation
The version of Rule 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.
*
*
while many of the documents in the
docket are listed at https://
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports, or otherwise voluminous
materials), and some may not be
available at either location (e.g.,
confidential business information). To
inspect the hard copy materials that are
publicly available, please schedule an
appointment during normal business
hours with the contact listed directly
below.
FOR FURTHER INFORMATION CONTACT:
Krishna Viswanathan, EPA, Region IX,
Air Division, AIR–2, 75 Hawthorne
Street, San Francisco, CA 94105.
Krishna Viswanathan may be reached at
(520) 999–7880 or
viswanathan.krishna@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Overview of Proposed Action
II. Public Comments and EPA Responses
III. Summary of Final Action
IV. Statutory and Executive Order Reviews
I. Overview of Proposed Action
The Nevada Division of
Environmental Protection (NDEP or ‘‘the
State’’) submitted the Nevada Regional
Haze 5-Year Progress Report (‘‘Progress
Report’’) to the EPA on November 18,
2014, to satisfy the Regional Haze Rule
requirements codified at 40 CFR
51.308(g), (h), and (i). As described in
our proposal, NDEP has demonstrated
in its Progress Report that the emission
control measures in the existing Nevada
Regional Haze SIP are adequate to make
progress towards the reasonable
progress goals (RPGs) in Class I Federal
areas in Nevada and in nearby states
that may be affected by emissions from
sources in Nevada without requiring
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
*
*
any substantive revisions to the Nevada
Regional Haze SIP. Our proposal
discussed each element required under
40 CFR 51.308(g), (h), and (i) for an
approvable progress report, summarized
how the Progress Report addressed each
element, and provided our evaluation of
the adequacy of the Progress Report for
each element. Please refer to our
proposed rule for background
information on the Regional Haze Rule,
the Nevada Regional Haze SIP, and the
specific requirements for progress
reports.
II. Public Comments and EPA
Responses
We received comment letters on our
proposed approval of the Progress
Report from NDEP,1 the Sierra Club
jointly with the National Parks
Conservation Association (‘‘NGOs’’),2
and two additional, anonymous
commenters.3 The following discussion
contains our summary of the comments
and our response to each significant
comment.
Comments From NDEP
Comment: NDEP commented that the
EPA’s characterization of the retirement
of Reid Gardner Generating Station
(RGGS) units 1, 2 and 3 and Tracy
Generating Station units 1 and 2, as well
as switching of several units at Tracy
and Fort Churchill Generating Stations
to natural gas as ‘‘largely in response to
Senate Bill (SB) 123 (2013 Legislative
Session)’’ was not accurate. NDEP
commented that the retirement of units
1, 2 and 3 at RGGS was a response to
1 Letter from Jeffrey Kinger (NDEP) to Vijay
Limaye (EPA) (October 19, 2015).
2 Letter from Gloria D. Smith (Sierra Club) and
Stephanie Kodish (NPCA) to Vijay Limaye (EPA)
(October 19, 2015)(‘‘NGOs’ Comment Letter’’).
3 See Comments EPA–R09–OAR–2015–0316–
0070 and EPA–R09–OAR–2015–0316–0073 in the
docket.
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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 febres-martinez.andres@epa.gov.
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.''
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\10\ See footnotes 3 and 5 for additional detail.
\11\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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