Air Plan Approval; MS; Revisions to the State Implementation Plan Approved by EPA Through Letter, 10070-10074 [2020-02612]
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Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
b. Removing the heading ‘‘Rule 3.
Clean Air Interstate Rule (CAIR) NO X
Ozone Season Trading Program’’ and
the entries for 24–3–1, 24–3–2, 24–3–4,
and 24–3–11.
The revision reads 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.
§ 52.770
2. In § 52.770, the table in paragraph
(c) is amended by:
■ a. Revising the section entitled
‘‘Article 10. Nitrogen Oxides Rules’’;
and
■
Dated: January 30, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
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Identification of plan.
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EPA-APPROVED INDIANA REGULATIONS
Indiana citation
Indiana
effective
date
Subject
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EPA approval date
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Comments
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Article 10. Nitrogen Oxides Rules
10–1 ..................
10–2 ..................
10–3 ..................
10–5 ..................
10–6 ..................
Nitrogen Oxides Control in Clark and
Floyd Counties.
NOX Emissions from Large Affected
Units.
Nitrogen Oxide Reduction Program
for Specific Source Categories.
Nitrogen Oxide Reduction Program
for Internal Combustion Engines
(ICE).
Nitrogen Oxides Emission Limitations
for Southern Indiana Gas and Electric Company.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0391; FRL–10005–
22–Region 4]
Air Plan Approval; MS; Revisions to
the State Implementation Plan
Approved by EPA Through Letter
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action on
administrative changes to the
Mississippi State Implementation Plan
(SIP). The changes consist of
recodification of Mississippi’s
regulations, which EPA previously
approved through Letter Notices. EPA
has determined that this action falls
under the ‘‘good cause’’ exemption in
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SUMMARY:
17:38 Feb 20, 2020
6/3/1997, 62 FR 30253.
8/26/2018
2/26/2006
2/21/2020, [Insert Federal Register
citation].
2/21/2020, [Insert Federal Register
citation].
10/1/2007, 72 FR 55664.
8/30/2008
11/10/2009, 74 FR 57904.
8/26/2018
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[FR Doc. 2020–02817 Filed 2–20–20; 8:45 am]
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the Administrative Procedure Act
(APA). This exemption in the APA
authorizes agencies to dispense with
public participation and to make an
action effective immediately, thereby
avoiding the 30-day delayed effective
date otherwise provided for in the APA.
DATES: This action is effective February
21, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0391. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
PO 00000
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Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. Ms. Bell’s telephone
number is (404) 562–9088. Ms. Bell can
also be reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is being addressed in this
document?
EPA is taking final action on
administrative changes to the
Mississippi SIP. On May 23, 2016 1 and
1 On May 23, 2016, MDEQ submitted a SIP
revision that included the renumbering and
reformatting of Mississippi’s PSD regulations. On
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November 21, 2016, Mississippi
submitted SIP revisions that recodify
the State of Mississippi’s Air Pollution
Control (APC) Regulations formerly
known as APC–S–1, APC–S–2, APC–S–
3 and APC–S–5 to 11 Mississippi
Administrative Code (MAC), Part 2,
Chapter 1, 11 MAC, Part 2, Chapter 2,
11 MAC, Part 2, Chapter 3 and 11 MAC,
Part 2, Chapter 5, respectively. EPA has
determined that the revisions are minor
SIP changes without any substantive
changes, and that they comply with all
applicable requirements of the Clean Air
Act (CAA) and EPA regulations
concerning such SIP revisions. EPA
approved these revisions through Letter
Notices to the Mississippi Department
of Environmental Quality (MDEQ) dated
June 14, 2017 and July 20, 2017,
consistent with the procedures outlined
in both EPA’s Notice of Procedural
Changes on SIP processing published on
January 19, 1989 at 54 FR 2214 and a
memorandum dated April 6, 2011
entitled ‘‘Regional Consistency for the
Administrative Requirements of State
Implementation Plan Submittals and the
Use of Letter Notices’’ from Janet
McCabe, Former Deputy Assistant
Administrator for the Office of Air and
Radiation to the EPA Regional
Administrators.
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II. What action is EPA taking?
This action merely recodifies in 40
CFR 52.1270(c) the administrative
amendments approved by EPA through
its June 14, 2017 and July 20, 2017
Letter Notices to MDEQ.2 EPA has
determined that this action falls under
the ‘‘good cause’’ exemption in section
553(b)(3)(B) of the APA. This exemption
authorizes agencies to dispense with
public participation when the agency
for good cause finds that notice and
public procedure would be
impracticable, unnecessary, or contrary
to the public interest. In addition,
section 553(d)(3) allows an agency to,
May 9, 2017, MDEQ submitted a supplemental
letter to the May 23, 2016 SIP revision requesting
EPA to recodify Mississippi’s Air Pollution Control
Regulation APC–S–5 to Mississippi Administrative
Code (MAC), Title 11, Part 2, Chapter 5. This
regulation was renamed on July 22, 2013.
2 EPA did not act on the following rules in the
State’s November 21, 2016, submittal because they
are not approved into the SIP: Rule 1.6, ‘‘New
Sources,’’ paragraphs B and C; Rule 1.8, ‘‘Provisions
for Hazardous Air Pollutants’’; and, Rule 1.12,
‘‘Provisions for Existing Hospital/Infectious Waste
Incinerators.’’ In addition, EPA did not act on
changes included in the submittal that the State did
not request be incorporated into the SIP,
specifically changes to: Rule 1.1, subparagraphs
(C)(1) and (2); Rule 1.2, definition of ‘‘Air Quality
Action Day’’; Rule 1.3, subparagraphs (G)(4) and (5);
Rule 1.6, paragraphs (2) and (3); and the removal
of language from the ‘‘Emergency’’ level for coal or
oil-fired process steam generating facilities under
Rule 3.5, Table 1, Section 2.
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for good cause, make an action effective
immediately, thereby avoiding the 30day delayed effective date otherwise
provided in the APA.
With respect to the SIP revision
described above, this administrative
action simply recodifies provisions
which are already in effect as a matter
of law in Federal and approved state
programs. Public comment for this
administrative action is ‘‘unnecessary’’
because the revisions are administrative
and non-substantive in nature.
Immediate notice of this action in the
Federal Register benefits the public by
providing the public notice of the
updated Mississippi SIP. Approval of
these revisions will ensure consistency
between state and federally-approved
rules. EPA has determined that these
changes will not relax the SIP or
adversely impact air quality.
III. Incorporation by Reference
In this document, 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 State of Mississippi’s
APC Regulations formerly known as
APC–S–1, APC–S–2, APC–S–3 and
APC–S–5 to: 11 MAC, Part 2, Chapter 1,
11 MAC, Part 2, Chapter 2, 11 MAC,
Part 2, Chapter 3 and, 11 MAC, Part 2,
Chapter 5, respectively. These
regulations were state effective July 25,
2013. EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and at the EPA Region 4 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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 in the next
update to the SIP compilation.3
IV. Final Action
EPA is taking final action on
administrative changes to the
Mississippi SIP. The changes consist of
recodification of Mississippi’s
regulations, which EPA previously
approved through Letter Notices. On
May 23, 2016 and November 21, 2016,
Mississippi submitted SIP revisions that
recodify the State of Mississippi’s Air
Pollution Control (APC) Regulations
formerly known as APC–S–1, APC–S–2,
3 62
PO 00000
FR 27968 (May 22, 1997).
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APC–S–3 and APC–S–5 to 11
Mississippi Administrative Code
(MAC), Part 2, Chapter 1, 11 MAC, Part
2, Chapter 2, 11 MAC, Part 2, Chapter
3 and 11 MAC, Part 2, Chapter 5,
respectively.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. These actions merely approve
state law as meeting Federal
requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions 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);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because SIP approvals are
exempted under Executive Order 12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having
significant economic impacts on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do 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);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
• Do not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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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 April 21, 2020. 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. 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 28, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
Title 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart Z—Mississippi
2. In § 52.1270, paragraph (c) is
revised to read as follows:
■
§ 52.1270
Identification of plan.
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(c) EPA Approved Mississippi
regulations.
EPA-APPROVED MISSISSIPPI REGULATIONS
State citation
Title/subject
State effective
date
EPA approval date
Explanation
11 MAC Part 1—Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative Procedures
Pursuant to the Mississippi Administrative Procedures Act
Rule 5.1 .......
Description of Mississippi Environmental Quality Permit
Board.
5/11/2018
10/4/2018, 83 FR
50014.
11 MAC Part 2—Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
Rule 1.1 .......
General ........................
6/25/2018
Rule 1.2 .......
Definitions ....................
7/25/2013
Rule 1.3 .......
7/25/2013
Rule 1.6 .......
Specific Criteria for
Sources of Particulate Matter.
Specific Criteria for
Sources of Sulfur
Compounds.
Specific Criteria for
Sources of Chemical
Emissions.
New Sources ...............
Rule 1.7 .......
Exceptions ...................
7/25/2013
Rule 1.9 .......
Stack Height Considerations..
Provisions for Upsets,
Startups, and Shutdowns.
Severability ..................
7/25/2013
Provision for the Clean
Air Interstate Rule.
7/25/2013
Rule 1.4 .......
Rule 1.5 .......
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Rule 1.10 .....
Rule 1.11 .....
Rule 1.14 .....
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10/4/2018, 83 FR
50014.
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
7/25/2013
2/21/2020, [Insert citation of publication].
7/25/2013
2/21/2020, [Insert citation of publication].
7/25/2013
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
7/25/2013
7/25/2013
PO 00000
Except paragraphs (C)(1) and (2), which EPA has not approved into the SIP.
Except the definition of ‘‘Air Quality Action Day,’’ which
EPA has not approved into the SIP.
Except paragraph (G)(4), which is state effective February
9, 2009, and paragraph (G)(5), which is not approved
into the SIP.
Except paragraphs (2) and (3), which EPA has not approved into the SIP.
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
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10073
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State citation
Title/subject
State effective
date
EPA approval date
Explanation
11 MAC Part 2—Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
Rule 2.1 .......
General Requirements
7/25/2013
Rule 2.2 .......
7/25/2013
Rule 2.5 .......
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 ......
Rule 2.6 .......
Compliance Testing .....
7/25/2013
Rule 2.7 .......
7/25/2013
Rule 2.11 .....
Emission Evaluation
Report.
Procedures for Renewal of State Permit
To Operate.
Reporting and Recordkeeping.
Emission Reduction
Schedule.
General Permits ...........
7/25/2013
Rule 2.12 .....
Multi-Media Permits .....
7/25/2013
Rule 2.13 .....
Exclusions ....................
7/25/2013
Rule 2.14 .....
CAFOs .........................
7/25/2013
Rule 2.15 .....
Options ........................
7/25/2013
Rule 2.16 .....
Permit Transfer ............
7/25/2013
Rule 2.17 .....
Severability ..................
7/25/2013
Rule 2.3 .......
Rule 2.4 .......
Rule 2.8 .......
Rule 2.9 .......
Rule 2.10 .....
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
7/25/2013
2/21/2020, [Insert citation of publication].
7/25/2013
2/21/2020, [Insert citation of publication].
7/25/2013
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
7/25/2013
7/25/2013
7/25/2013
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
11 MAC Part 2—Chapter 3 Regulations for the Prevention of Air Pollution Emergency Episodes
Rule 3.1 .......
General ........................
7/25/2013
Rule 3.2 .......
Definitions ....................
7/25/2013
Rule 3.3 .......
Episode Criteria ...........
7/25/2013
Rule 3.4 .......
Emission Control Action Programs.
Emergency Orders ......
7/25/2013
Rule 3.5 .......
7/25/2013
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
2/21/2020, [Insert citation of publication].
Except the removal of language from the ‘‘Emergency’’
level for coal or oil-fired process steam generating facilities under Rule 3.5, Table 1, Section 2, which is state effective June 3, 1988.
11 MAC Part 2—Chapter 5 Regulations for Prevention of Significant Deterioration for Air Quality
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Rule 5.1 .......
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5/28/2016
PO 00000
8/8/17 (82 FR 37015) ..
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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 § 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2)
the provisions at § 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).
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EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State citation
Title/subject
Rule 5.2 .......
Adoption of Federal
Rules by Reference.
State effective
date
5/28/2016
EPA approval date
Explanation
8/8/17 (82 FR 37015) ..
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 § 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2)
the provisions at § 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).
11 MAC Part 2–11 Regulations for Ambient Air Quality Nonattainment Areas
Rule 11.1 .....
Rule 11.2 .....
Rule 11.3 .....
General ........................
Definitions ....................
Emissions Statement ...
9/26/2015
9/26/2015
9/26/2015
1/12/2016, 81 FR 1321
1/12/2016, 81 FR 1321
1/12/2016, 81 FR 1321
Mississippi State Constitution
Article 4 Section 109.
Interest of Public Officers in Contracts.
9/27/2012
4/8/2013 78 FR 20795
Mississippi Code
Section 25–
4–25.
Section 25–
4–27.
Section 25–
4–29.
Section 25–
4–101.
Section 25–
4–103.
Section 25–
4–105.
Section 49–
2–5.
*
*
*
Persons required to file
statement of economic interest.
Contents of statement
of economic interest.
Filing dates for statement.
Declaration of public
policy.
Definitions ....................
9/27/2012
4/8/2013 78 FR 20795
9/27/2012
4/8/2013 78 FR 20795
9/27/2012
4/8/2013 78 FR 20795
9/27/2012
4/8/2013 78 FR 20795
9/27/2012
4/8/2013 78 FR 20795
Certain actions, activities and business relationships prohibited
or authorized; contacts in violation of
section voidable;
penalties.
Commission on Environmental Quality.
9/27/2012
4/8/2013 78 FR 20795
*
7/1/2016
*
[FR Doc. 2020–02612 Filed 2–20–20; 8:45 am]
BILLING CODE 6560–50–P
CHEMICAL SAFETY AND HAZARD
INVESTIGATION BOARD
40 CFR Part 1604
[Agency Docket Number: CSB–2019–0004]
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RIN 3301–AA00
Accidental Release Reporting
Chemical Safety and Hazard
Investigation Board.
ACTION: Final rule.
AGENCY:
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the CSB shall establish by regulation
requirements binding on persons for
reporting accidental releases into the
ambient air subject to the Board’s
investigative jurisdiction. The final rule
is intended to satisfy this statutory
requirement. The rule describes when
an owner or operator is required to file
a report of an accidental release, and the
required content of such a report. The
purpose of the rule is to ensure that the
CSB receives rapid, accurate reports of
any accidental release that meets
established statutory criteria.
This rule is effective as of March
23, 2020.
DATES:
Mr.
Thomas Goonan, General Counsel of the
Chemical Safety and Hazard
Investigation Board, by telephone at
FOR FURTHER INFORMATION CONTACT:
The enabling statute of the
Chemical Safety and Hazard
Investigation Board (CSB) provides that
SUMMARY:
10/4/2018, 83 FR
50014.
PO 00000
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202–261–7600, or by email at
rulemaking@csb.gov.
The CSB
was established by the Clean Air Act
Amendments of 1990, Public Law 101–
549, 104 Stat. 2399 (November 15,
1990). The statute directs the CSB,
among other things, to investigate (or
cause to be investigated), determine,
and report to the public in writing the
facts, conditions, and circumstances and
the cause or probable cause of any
accidental release resulting in a fatality,
serious injury, or substantial property
damages and recommend measures to
reduce the likelihood or the
consequences of accidental releases and
propose corrective steps to make
chemical production, processing,
handling and storage as safe and free
SUPPLEMENTARY INFORMATION:
E:\FR\FM\21FER1.SGM
21FER1
]]>Agencies
[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Rules and Regulations]
[Pages 10070-10074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02612]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0391; FRL-10005-22-Region 4]
Air Plan Approval; MS; Revisions to the State Implementation Plan
Approved by EPA Through Letter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notification of administrative change.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action on administrative changes to the Mississippi State
Implementation Plan (SIP). The changes consist of recodification of
Mississippi's regulations, which EPA previously approved through Letter
Notices. EPA has determined that this action falls under the ``good
cause'' exemption in the Administrative Procedure Act (APA). This
exemption in the APA authorizes agencies to dispense with public
participation and to make an action effective immediately, thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA.
DATES: This action is effective February 21, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0391. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Bell's telephone
number is (404) 562-9088. Ms. Bell can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What is being addressed in this document?
EPA is taking final action on administrative changes to the
Mississippi SIP. On May 23, 2016 \1\ and
[[Page 10071]]
November 21, 2016, Mississippi submitted SIP revisions that recodify
the State of Mississippi's Air Pollution Control (APC) Regulations
formerly known as APC-S-1, APC-S-2, APC-S-3 and APC-S-5 to 11
Mississippi Administrative Code (MAC), Part 2, Chapter 1, 11 MAC, Part
2, Chapter 2, 11 MAC, Part 2, Chapter 3 and 11 MAC, Part 2, Chapter 5,
respectively. EPA has determined that the revisions are minor SIP
changes without any substantive changes, and that they comply with all
applicable requirements of the Clean Air Act (CAA) and EPA regulations
concerning such SIP revisions. EPA approved these revisions through
Letter Notices to the Mississippi Department of Environmental Quality
(MDEQ) dated June 14, 2017 and July 20, 2017, consistent with the
procedures outlined in both EPA's Notice of Procedural Changes on SIP
processing published on January 19, 1989 at 54 FR 2214 and a memorandum
dated April 6, 2011 entitled ``Regional Consistency for the
Administrative Requirements of State Implementation Plan Submittals and
the Use of Letter Notices'' from Janet McCabe, Former Deputy Assistant
Administrator for the Office of Air and Radiation to the EPA Regional
Administrators.
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\1\ On May 23, 2016, MDEQ submitted a SIP revision that included
the renumbering and reformatting of Mississippi's PSD regulations.
On May 9, 2017, MDEQ submitted a supplemental letter to the May 23,
2016 SIP revision requesting EPA to recodify Mississippi's Air
Pollution Control Regulation APC-S-5 to Mississippi Administrative
Code (MAC), Title 11, Part 2, Chapter 5. This regulation was renamed
on July 22, 2013.
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II. What action is EPA taking?
This action merely recodifies in 40 CFR 52.1270(c) the
administrative amendments approved by EPA through its June 14, 2017 and
July 20, 2017 Letter Notices to MDEQ.\2\ EPA has determined that this
action falls under the ``good cause'' exemption in section 553(b)(3)(B)
of the APA. This exemption authorizes agencies to dispense with public
participation when the agency for good cause finds that notice and
public procedure would be impracticable, unnecessary, or contrary to
the public interest. In addition, section 553(d)(3) allows an agency
to, for good cause, make an action effective immediately, thereby
avoiding the 30-day delayed effective date otherwise provided in the
APA.
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\2\ EPA did not act on the following rules in the State's
November 21, 2016, submittal because they are not approved into the
SIP: Rule 1.6, ``New Sources,'' paragraphs B and C; Rule 1.8,
``Provisions for Hazardous Air Pollutants''; and, Rule 1.12,
``Provisions for Existing Hospital/Infectious Waste Incinerators.''
In addition, EPA did not act on changes included in the submittal
that the State did not request be incorporated into the SIP,
specifically changes to: Rule 1.1, subparagraphs (C)(1) and (2);
Rule 1.2, definition of ``Air Quality Action Day''; Rule 1.3,
subparagraphs (G)(4) and (5); Rule 1.6, paragraphs (2) and (3); and
the removal of language from the ``Emergency'' level for coal or
oil-fired process steam generating facilities under Rule 3.5, Table
1, Section 2.
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With respect to the SIP revision described above, this
administrative action simply recodifies provisions which are already in
effect as a matter of law in Federal and approved state programs.
Public comment for this administrative action is ``unnecessary''
because the revisions are administrative and non-substantive in nature.
Immediate notice of this action in the Federal Register benefits the
public by providing the public notice of the updated Mississippi SIP.
Approval of these revisions will ensure consistency between state and
federally-approved rules. EPA has determined that these changes will
not relax the SIP or adversely impact air quality.
III. Incorporation by Reference
In this document, 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 State of
Mississippi's APC Regulations formerly known as APC-S-1, APC-S-2, APC-
S-3 and APC-S-5 to: 11 MAC, Part 2, Chapter 1, 11 MAC, Part 2, Chapter
2, 11 MAC, Part 2, Chapter 3 and, 11 MAC, Part 2, Chapter 5,
respectively. These regulations were state effective July 25, 2013. EPA
has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). 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 in the next update to the SIP compilation.\3\
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\3\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is taking final action on administrative changes to the
Mississippi SIP. The changes consist of recodification of Mississippi's
regulations, which EPA previously approved through Letter Notices. On
May 23, 2016 and November 21, 2016, Mississippi submitted SIP revisions
that recodify the State of Mississippi's Air Pollution Control (APC)
Regulations formerly known as APC-S-1, APC-S-2, APC-S-3 and APC-S-5 to
11 Mississippi Administrative Code (MAC), Part 2, Chapter 1, 11 MAC,
Part 2, Chapter 2, 11 MAC, Part 2, Chapter 3 and 11 MAC, Part 2,
Chapter 5, respectively.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. These actions merely
approve state law as meeting Federal requirements and do not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are not significant regulatory actions 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);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having significant economic impacts
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do 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);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 10072]]
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 April 21, 2020. 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. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 28, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
Title 40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Z--Mississippi
0
2. In Sec. 52.1270, paragraph (c) is revised to read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) EPA Approved Mississippi regulations.
EPA-Approved Mississippi Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
11 MAC Part 1--Chapter 5 Mississippi Environmental Quality Permit Board: Regulations Regarding Administrative
Procedures Pursuant to the Mississippi Administrative Procedures Act
----------------------------------------------------------------------------------------------------------------
Rule 5.1............. Description of 5/11/2018 10/4/2018, 83 FR .............................
Mississippi 50014.
Environmental
Quality Permit
Board.
----------------------------------------------------------------------------------------------------------------
11 MAC Part 2--Chapter 1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
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Rule 1.1............. General............. 6/25/2018 10/4/2018, 83 FR Except paragraphs (C)(1) and
50014. (2), which EPA has not
approved into the SIP.
Rule 1.2............. Definitions......... 7/25/2013 2/21/2020, [Insert Except the definition of
citation of ``Air Quality Action Day,''
publication]. which EPA has not approved
into the SIP.
Rule 1.3............. Specific Criteria 7/25/2013 2/21/2020, [Insert Except paragraph (G)(4),
for Sources of citation of which is state effective
Particulate Matter. publication]. February 9, 2009, and
paragraph (G)(5), which is
not approved into the SIP.
Rule 1.4............. Specific Criteria 7/25/2013 2/21/2020, [Insert .............................
for Sources of citation of
Sulfur Compounds. publication].
Rule 1.5............. Specific Criteria 7/25/2013 2/21/2020, [Insert .............................
for Sources of citation of
Chemical Emissions. publication].
Rule 1.6............. New Sources......... 7/25/2013 2/21/2020, [Insert Except paragraphs (2) and
citation of (3), which EPA has not
publication]. approved into the SIP.
Rule 1.7............. Exceptions.......... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 1.9............. Stack Height 7/25/2013 2/21/2020, [Insert .............................
Considerations.. citation of
publication].
Rule 1.10............ Provisions for 7/25/2013 2/21/2020, [Insert .............................
Upsets, Startups, citation of
and Shutdowns. publication].
Rule 1.11............ Severability........ 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 1.14............ Provision for the 7/25/2013 2/21/2020, [Insert .............................
Clean Air citation of
Interstate Rule. publication].
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[[Page 10073]]
11 MAC Part 2--Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
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Rule 2.1............. General Requirements 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.2............. General Standards 7/25/2013 2/21/2020, [Insert .............................
Applicable to All citation of
Permits. publication].
Rule 2.3............. Application For 7/25/2013 2/21/2020, [Insert .............................
Permit To Construct citation of
and State Permit To publication].
Operate New
Stationary Source.
Rule 2.4............. Public Participation 7/25/2013 2/21/2020, [Insert .............................
and Public citation of
Availability of publication].
Information.
Rule 2.5............. Application Review.. 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.6............. Compliance Testing.. 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.7............. Emission Evaluation 7/25/2013 2/21/2020, [Insert .............................
Report. citation of
publication].
Rule 2.8............. Procedures for 7/25/2013 2/21/2020, [Insert .............................
Renewal of State citation of
Permit To Operate. publication].
Rule 2.9............. Reporting and 7/25/2013 2/21/2020, [Insert .............................
Recordkeeping. citation of
publication].
Rule 2.10............ Emission Reduction 7/25/2013 2/21/2020, [Insert .............................
Schedule. citation of
publication].
Rule 2.11............ General Permits..... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.12............ Multi-Media Permits. 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.13............ Exclusions.......... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.14............ CAFOs............... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.15............ Options............. 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.16............ Permit Transfer..... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 2.17............ Severability........ 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
----------------------------------------------------------------------------------------------------------------
11 MAC Part 2--Chapter 3 Regulations for the Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Rule 3.1............. General............. 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 3.2............. Definitions......... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 3.3............. Episode Criteria.... 7/25/2013 2/21/2020, [Insert .............................
citation of
publication].
Rule 3.4............. Emission Control 7/25/2013 2/21/2020, [Insert .............................
Action Programs. citation of
publication].
Rule 3.5............. Emergency Orders.... 7/25/2013 2/21/2020, [Insert Except the removal of
citation of language from the
publication]. ``Emergency'' level for coal
or oil-fired process steam
generating facilities under
Rule 3.5, Table 1, Section
2, which is state effective
June 3, 1988.
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11 MAC Part 2--Chapter 5 Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
Rule 5.1............. Purpose of this 5/28/2016 8/8/17 (82 FR 37015) The version of Rule 5.1 in
Regulation. 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 Sec.
52.21(b)(1)(i)(a) and
(b)(1)(iii)(t), or (2) the
provisions at Sec.
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).
[[Page 10074]]
Rule 5.2............. Adoption of Federal 5/28/2016 8/8/17 (82 FR 37015) The version of Rule 5.2 in
Rules by Reference. 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 Sec.
52.21(b)(1)(i)(a) and
(b)(1)(iii)(t), or (2) the
provisions at Sec.
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).
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11 MAC Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
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Rule 11.1............ General............. 9/26/2015 1/12/2016, 81 FR .............................
1321.
Rule 11.2............ Definitions......... 9/26/2015 1/12/2016, 81 FR .............................
1321.
Rule 11.3............ Emissions Statement. 9/26/2015 1/12/2016, 81 FR .............................
1321.
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Mississippi State Constitution
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Article 4 Section 109 Interest of Public 9/27/2012 4/8/2013 78 FR 20795 .............................
Officers in
Contracts.
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Mississippi Code
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Section 25-4-25...... Persons required to 9/27/2012 4/8/2013 78 FR 20795 .............................
file statement of
economic interest.
Section 25-4-27...... Contents of 9/27/2012 4/8/2013 78 FR 20795 .............................
statement of
economic interest.
Section 25-4-29...... Filing dates for 9/27/2012 4/8/2013 78 FR 20795 .............................
statement.
Section 25-4-101..... Declaration of 9/27/2012 4/8/2013 78 FR 20795 .............................
public policy.
Section 25-4-103..... Definitions......... 9/27/2012 4/8/2013 78 FR 20795 .............................
Section 25-4-105..... Certain actions, 9/27/2012 4/8/2013 78 FR 20795 .............................
activities and
business
relationships
prohibited or
authorized;
contacts in
violation of
section voidable;
penalties.
Section 49-2-5....... Commission on 7/1/2016 10/4/2018, 83 FR .............................
Environmental 50014.
Quality.
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* * * * *
[FR Doc. 2020-02612 Filed 2-20-20; 8:45 am]
BILLING CODE 6560-50-P
