Air Plan Approval; Mississippi; PSD and Air Quality Modeling Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standards, 86751-86755 [2024-25243]
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
86751
TABLE 1 TO § 374.6—Continued
Addressee
Address
Attorney General .............................
United States Department of Justice, Tenth and Pennsylvania Avenues NW, Washington, DC 20530.
PART 707—CHEMICAL IMPORTS AND
EXPORTS
26. The authority citation for part 707
continues to read as follows:
■
Authority: 15 U.S.C. 2611(b) and 2612.
Subpart B—General Import
Requirements and Restrictions
27. Section 707.20 is amended by
revising and republishing paragraph
(c)(2)(ii) to read as follows:
■
§ 707.20
policy.
Chemical substances import
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(c) * * *
(2) * * *
(ii) When EPA determines that a
shipment should be detained, EPA will
identify the reasons for the detention
and the necessary actions for an
importer to bring the shipment into
compliance with TSCA. If EPA has
given this information to Customs
before the district director issues the
detention notice, the information will
become part of the detention notice. The
importer should contact one of the
following EPA regional offices for
guidance as to the proper procedures to
correct any deficiencies in the
shipment.
TABLE 1 TO PARAGRAPH (c)(2)(ii)
Region
Address
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III ..................
IV ..................
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VI ..................
VII .................
VIII ................
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5 Post Office Square—Suite 100, Boston, MA 02109–3912 (617–918–1700).
26 Federal Plaza, New York, NY 10278 (201–321–6669).
Curtis Building, 6th and Walnut Streets, Philadelphia, PA 19106 (215–597–7668).
61 Forsyth Street SW, Atlanta, Georgia 30303–8960 (404–562–9900).
77 West Jackson Boulevard, Chicago, IL 60604 (312–353–2291).
1201 Elm Street, Suite 500, Dallas, Texas 75270–2102 (214–665–2760).
11201 Renner Boulevard, AWMD/WEMM, Lenexa, Kansas 66219.
1860 Lincoln Street, Denver, CO 80295 (303–837–3926).
75 Hawthorne Street, San Francisco, CA 94105 (415) 947–4402.
1200 Sixth Avenue, Seattle, WA 98101 (206–442–2871).
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PART 763—ASBESTOS
28. The authority citation for part 763
continues to read as follows:
■
Authority: 15 U.S.C. 2605, 2607(c), 2643,
and 2646.
29. Appendix C to subpart E is
amended under section II.C.3 by
revising the listing for ‘‘EPA, Region IV’’
to read as follows:
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Appendix C to Subpart E of Part 763—
Asbestos Model Accreditation Plan
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EPA, Region IV, Asbestos
Coordinator, 61 Forsyth Street SW,
Atlanta, Georgia 30303–8960, (404) 562–
9900.
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■ 30. Appendix D to subpart E is
amended by revising the listing for
‘‘Region IV’’ to read as follows:
Appendix D to Subpart E of Part 763—
Transport and Disposal of Asbestos
Waste
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Region IV
Asbestos NESHAPs Contact,
Enforcement and Compliance Assurance
Division, USEPA, Region IV, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960,
(404) 562–9900.
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[FR Doc. 2024–25014 Filed 10–30–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2024–0186; FRL–12250–
02–R4]
Air Plan Approval; Mississippi; PSD
and Air Quality Modeling Infrastructure
Requirements for the 2015 8-Hour
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) submission
provided by the State of Mississippi,
through the Mississippi Department of
SUMMARY:
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Environmental Quality (MDEQ), via a
letter dated February 28, 2024.
Specifically, EPA is finalizing approval
of updates to the incorporation by
reference of Federal prevention of
significant deterioration (PSD) rules in
the Mississippi SIP. EPA is also
converting the previous conditional
approval of Mississippi’s infrastructure
SIP PSD and air quality modeling
provisions for the 2015 Ozone National
Ambient Air Quality Standards
(NAAQS) to a full approval. EPA is also
approving changes to public notice
provisions for PSD permitting to
provide for electronic notice (e-notice)
and to remove the mandatory
requirement to provide public notice in
a newspaper, and other minor changes
to the PSD rules. EPA is finalizing
approval of these changes pursuant to
the Clean Air Act (CAA or Act).
DATES:
This rule is effective December 2,
2024.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2024–0186. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
ADDRESSES:
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
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:
Josue Ortiz Borrero, 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. The telephone number is (404)
562–8085. Mr. Ortiz Borrero can also be
reached via electronic mail at
ortizborrero.josue@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
EPA is approving changes to
Mississippi’s SIP submitted by the State
on February 28, 2024. The changes
include revising the State’s new source
review (NSR) permitting regulations at
11 Mississippi Administrative Code
(MAC), Part 2, Chapter 2, Permit
Regulations for the Construction and/or
Operation of Air Emissions Equipment
(Chapter 2) and PSD permitting
regulations at 11 MAC, Part 2, Chapter
5, Regulations for the Prevention of
Significant Deterioration of Air Quality
(Chapter 5) to adopt relevant federal
permitting regulations into the SIP. The
PSD permitting changes at Chapter 5
amend MDEQ’s incorporate by reference
(IBR) date of the federal PSD regulations
at 40 CFR 51.166(f) and 40 CFR 52.21
to December 27, 2023. EPA’s approval of
the December 27, 2023, IBR date at
Chapter 5, Rule 5.2 adopts into the SIP
changes to 40 CFR 52.21 that EPA
promulgated in several rulemakings
since Mississippi’s last IBR update of
February 17, 2016. These rulemakings
include: ‘‘Source Determination for
Certain Emission Units in the Oil and
Natural Gas Sector’’ 81 FR 35622 (June
3, 2016); ‘‘Rescission of Preconstruction
Permits Issued under the Clean Air Act’’
81 FR 78043 (November 7, 2016);
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‘‘Revisions to the Guideline on Air
Quality Models: Enhancements to the
AERMOD Dispersion Modeling System
and Incorporation of Approaches to
Address Ozone and Fine Particulate
Matter’’ 82 FR 5182 (January 17, 2017) 1
at; ‘‘Prevention of Significant
Deterioration (PSD) and Nonattainment
New Source Review (NNSR): Project
Emissions Accounting’’ 85 FR 74890
(November 24, 2020); and ‘‘New Source
Review Errors Correction’’ 86 FR 37918
(July 19, 2021). The SIP revision also
amends Mississippi’s SIP-approved PSD
rules to adopt public participation enotice provisions consistent with EPA’s
October 5, 2016, rule ‘‘Revisions to
Public Notice Provisions in Clean Air
Act Permitting Programs’’.2 The
modeling updates at Chapter 2 and 5
respecting references to Appendix W in
40 CFR 52.21(l) support the state’s
request to convert EPA’s March 1, 2023,
conditional approval of the PSD
requirements of elements 110(a)(2)(C),
(D)(i)(II) (Prong 3), and (J), and the air
quality modeling element under section
110(a)(2)(K), of Mississippi’s 2015 8hour ozone NAAQS infrastructure SIP
(iSIP) 3 to a full approval.4 The SIP
1 The update to air quality modeling from the
updated IBR date in 11 MAC, Part 2, Chapter 5,
Rule 5.2, also updates modeling requirements at 11
MAC, Part 2, Chapter 2, Rule 2.5 because this Rule
cross-references Rule 5.2 for purposes of air quality
modeling.
2 See 81 FR 71613.
3 On October 1, 2015, EPA promulgated a revised
primary and secondary NAAQS for ozone, revising
the 8-hour ozone standards from 0.075 parts per
million (ppm) to a new more protective level of
0.070 ppm. See 80 FR 65292 (October 26, 2015).
Pursuant to section 110(a)(1) of the CAA, states are
required to submit SIP revisions meeting the
applicable requirements of section 110(a)(2) within
three years after promulgation of a new or revised
NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to
address basic SIP elements such as requirements for
monitoring, basic program requirements, and legal
authority that are designed to assure attainment and
maintenance of the NAAQS. This particular type of
SIP is commonly referred to as an ‘‘infrastructure
SIP’’ or ‘‘iSIP.’’ States were required to submit such
SIP revisions for the 2015 8-hour ozone NAAQS to
EPA no later than October 1, 2018.
4 Mississippi submitted two SIP submissions on
September 6, 2019, and January 25, 2021, to address
their 110(a)(1) and (2) infrastructure obligations for
the 2015 ozone standard. Through previous
rulemakings, EPA approved most of the iSIP
elements for the 2015 ozone NAAQS. See 87 FR
57832 (September 22, 2022), and 88 FR 9336
(February 13, 2023). On March 1, 2023, EPA
finalized the conditional approval for the PSD
infrastructure elements (i.e., section 110(a)(2)(C),
(D)(i)(II) (prong 3) and (J)), and the air quality
modeling element of section 110(a)(2)(K), portion of
the January 25, 2021, infrastructure SIP submission,
as supplemented on November 18, 2022.
The March 1, 2023, conditional approval of the
PSD and air quality modeling iSIP provisions
established a requirement for Mississippi to submit
a final SIP submission that addresses the terms of
the conditional approval commitment one year after
EPA’s conditional approval of these portions of
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revision also includes minor changes to
Mississippi’s PSD regulations at Chapter
2 5 and Chapter 5. The February 28,
2024, SIP submission provides
additional changes to 11 MAC, Part 2,
Chapter 2 to address NSR requirements,
as well as minor grammatical errors
which will be addressed in a separate
rulemaking.
Through a notice of proposed
rulemaking (NPRM) published on
September 16, 2024 (89 FR 75517), EPA
proposed to approve the changes to 11
MAC Part 2, Chapter 2, Rules 2.5B(1)
and B(2), Application Review; 11 MAC,
Part 2, Chapter 5, Rule 5.1, Purpose of
this regulation; Rule 5.2, Adoption of
Federal Rules by Reference; Rule 5.3,
Definition of term ‘‘Administrator’’;
Rule 5.4, Adoption of Federal Rules for
Exclusions from Increment
Consumption; Rule 5.6 Applicability;
and Rule 5.7, Public Participation into
Mississippi’s SIP and to convert the
conditional approval of the portions of
the 2015 8-hour ozone NAAQS iSIP that
address the PSD related requirements of
CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), and the modeling
requirements of 110(a)(2)(K) to a full
approval.6 The contents of Mississippi’s
submission, EPA’s rationale for
approving the changes, and EPA’s
rationale for converting the conditional
approval action to full approval, are
described in more detail in the
September 16, 2024, NPRM. Comments
on the September 16, 2024, NPRM were
due on or before October 16, 2024. EPA
received one comment on the
September 16, 2024, NPRM. The
comment is available in the docket for
this action.
II. Response to Comments
EPA received one comment on the
August 16, 2024, NPRM. EPA has
Mississippi’s ozone iSIP or March 1, 2024.
Accordingly, on February 28, 2024, Mississippi
submitted a final SIP revision in response to the
conditional approval commitment to address the
outdated references to the federal guideline on air
quality modeling, by revising Chapter 2 and
Chapter 5 to require the use of the current version
of 40 CFR part 51, Appendix W (Guideline on Air
Quality Models).
6 The IBR date change has the effect of
incorporating PSD-related rule revisions EPA has
promulgated since February 17, 2016, through
December 27, 2023, which ensures that the most
recent version of Appendix W will be used when
considering air quality modeling for PSD purposes
in Mississippi. Mississippi’s February 28, 2024, SIP
revision also revises 11 MAC, Part 2, Chapter 2,
Rule 2.5(B) to reference the version of Appendix W
approved in Chapter 5. Thus, by cross-referencing
11 MAC, Part 2, Chapter 5 for purposes of modeling
ambient concentrations of air pollutants in 11 MAC,
Part 2, Chapter 2, Rule 2.5(B), the State’s regulation
ensures that any required modeling of ambient air
quality will use the most recent guidelines at
Appendix W.
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Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
summarized and responded to the
comment below.
Comment: The Commenter expressed
support for the proposed changes to
Mississippi’s SIP-approved PSD
permitting program to align with federal
air pollution control guidelines,
specifically those in Appendix W. The
Commenter emphasized the importance
of using the best tools available to
monitor air quality and reduce
pollutants like ozone. However, the
Commenter expressed concerns about
the potential financial strain these
changes might impose on smaller
business. The Commenter suggested that
measures such as extending deadlines
or providing financial support could
help these businesses so they can
comply without struggling.
Response: EPA appreciates the
Commenter’s support for this action.
The Commenter also raised concerns
about the potential burden the changes
may place on smaller businesses,
suggesting additional time for
compliance or financial support so they
can follow the rules without struggling.
Due to the general nature of the
Commenter’s requests and suggestions,
EPA is only able to provide general
responses.
While EPA sets the NAAQS, states
play a primary role in implementation.
The CAA establishes a system of
cooperative federalism that sets specific
roles for EPA and the states. In this
system, EPA provides national
leadership and sets national standards
for environmental protection, such as
the NAAQS. Under CAA section 110,
states have broad discretion to choose
the mix of emission limitations and
other control measures, means, or
techniques that they will implement (or
update) through a SIP to provide for
attainment and maintenance of the
NAAQS. EPA’s role, with respect to a
SIP revision, is focused on reviewing
the submission to determine whether it
meets the minimum criteria of the CAA,
including a requirement to adopt a PSD
program. Where a SIP revision meets the
minimum CAA criteria, EPA must
approve the submission. When
approving a SIP revision, the Agency is
not establishing its own requirements
for the state to implement.
Regarding the Commenter’s
suggestion to allow small businesses
additional time to meet the rules, as
explained above, EPA’s role is focused
on reviewing the submission to
determine whether it meets the
minimum criteria of the CAA and must
approve submissions that do. As such,
EPA cannot unilaterally adopt a
different deadline for compliance with
the State’s PSD rules if they conform to
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the CAA requirements. As explained
above and in the NPRM, Mississippi is
updating its incorporation date for the
federal PSD rules at 40 CFR 52.21 from
February 17, 2016, to December 27,
2023.7 The changes to the State’s SIP are
consistent with changes to the federal
PSD rules that occurred between
February 17, 2016, and December 27,
2023, and therefore conform to CAA
PSD regulations.
The Commenter states that small
businesses might have a hard time
paying for the changes needed to follow
these new rules, and suggests helping
these businesses by offering financial
support so they can follow the rules
without struggling. As noted above, the
CAA delegates to states the primary role
in implementation through SIPs to
attain and maintain each NAAQS. EPA
appreciates the concerns the Commenter
expressed regarding compliance by
smaller businesses. EPA notes that the
changes to Mississippi’s PSD program
do not change the universe of sources
subject to preconstruction review under
the program. EPA also notes that the
PSD regulations have required the use of
Appendix W modeling guidelines for
decades, and that the Agency
emphasized that air quality modeling
should utilize the most advanced
practical technology that is available at
a reasonable cost to users when
adopting the 2017 revisions to
Appendix W. See 82 FR 5182, 5185
(January 17, 2017).
Therefore, while EPA has considered
this feedback on the proposed rule, EPA
has determined that the proposed SIP
revision is consistent with the
requirements of the CAA and is not
altering its decision to proceed with the
finalization of this action. Consequently,
EPA is approving this revision to the
Mississippi’s SIP.
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, and as discussed in Section I of
this preamble, EPA is finalizing the
incorporation by reference of
Mississippi Rules 11 MAC, Part 2,
Chapter 2, Rules 2.5B(1) and B(2),
Application Review; 8 11 MAC, Part 2,
7 The federal rules at 40 CFR 52.21 implement
PSD requirements for PSD programs administered
by EPA and states with delegated authority. The
requirements for state PSD programs in SIPs at
found at 40 CFR 51.166.
8 Except for Rules 2.5(A) and 2.5(C) through (E)
which have a state effective date of 7/25/2013,
Mississippi’s February 28, 2024, SIP submission
provides additional changes to 11 MAC, Part 2,
Chapter 2 to address NSR requirements, as well as
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86753
Chapter 5, Rule 5.1, Purpose of this
regulation; Rule 5.2, Adoption of
Federal Rules by Reference; 9 Rule 5.3,
Definition of term ‘‘Administrator’’;
Rule 5.4, Adoption of Federal Rules for
Exclusions from Increment
Consumption; Rule 5.6, Applicability;
and Rule 5.7, Public Participation, all of
which are State effective on March 24,
2024.10 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
State implementation plan, 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.11
IV. Final Action
EPA is approving the aforementioned
changes to 11 MAC Part 2, Chapter 2,
Rule 2.5B(1) and B(2), Application
Review; 11 MAC, Part 2, Chapter 5, Rule
5.1, Purpose of this regulation; Rule 5.2,
Adoption of Federal Rules by Reference;
Rule 5.3, Definition of term
‘‘Administrator’’; Rule 5.4, Adoption of
Federal Rules for Exclusions from
Increment Consumption; Rule 5.6,
Applicability; and Rule 5.7, Public
Participation. EPA is approving these
changes because they are consistent
with EPA’s federal PSD permitting
regulations and the CAA. In addition,
EPA is converting the conditional
approval portions of the 2015 8-hour
ozone NAAQS iSIP that address the PSD
related requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3),
and 110(a)(2)(J), and the modeling
requirements of 110(a)(2)(K) to a full
approval.
minor grammatical errors which will be addressed
in a separate rulemaking.
9 Rule 5.2 does not incorporate by reference the
provisions at 52.21(b)(2)(v) and (b)(3)(iii)(c) that
were stayed indefinitely by the Fugitive Emissions
Interim Rule (76 FR 17548 (March 30, 2011)). EPA
will retain the text in the explanation column for
Rule 5.2 at 40 CFR 52.1270(c).
10 Rules 5.3 through 5.6 were previously
approved into the SIP but were inadvertently not
added to the CFR table at 40 CFR 52.1270(c). This
action corrects this oversight. Rule 5.5 was not
changed through this SIP revision, so the table entry
will reflect the state effective date of the version
incorporated into the SIP.
11 See 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order
Reviews
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Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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
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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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.
In addition, 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
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Indian country, the rulemaking does not
have Tribal implications and will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on communities with
environmental justice (EJ) concerns to
the greatest extent practicable and
permitted by law. EPA defines EJ as
‘‘the fair treatment and meaningful
involvement of all people regardless of
race, color, national origin, or income
with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and
policies.’’ EPA further defines the term
fair treatment to mean that ‘‘no group of
people should bear a disproportionate
burden of environmental harms and
risks, including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Mississippi did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 December 30, 2024. Filing a
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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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: October 24, 2024.
Jeaneanne Gettle,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
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. In § 52.1270(c), Table 1 to
Paragraph (c) is amended:
■ a. Under the heading ‘‘11 MAC Part
2—Chapter 2 Permit Regulations for the
Construction and/or Operation of Air
Emissions Equipment’’ by revising the
entry for ‘‘Rule 2.5’’,
■ b. Under the heading ‘‘11 MAC Part
2—Chapter 5 Regulations for the
Prevention of Significant Deterioration
of Air Quality’’ by revising the entries
for ‘‘Rule 5.1’’ and ‘‘Rule 5.2’’, and
adding entries for ‘‘Rule 5.3’’, ‘‘Rule
5.4’’, ‘‘Rule 5.5’’, ‘‘Rule 5.6’’, and ‘‘Rule
5.7’’.
The revisions and additions read as
follows:
■
§ 52.1270
*
Identification of plan.
*
*
(c) * * *
E:\FR\FM\31OCR1.SGM
31OCR1
*
*
86755
Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations
TABLE 1 TO PARAGRAPH (C)—EPA-APPROVED MISSISSIPPI LAWS AND REGULATIONS
State citation
State
effective
date
Title/subject
*
*
EPA approval date
*
*
Explanation
*
*
*
11 MAC Part 2—Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
*
*
Rule 2.5 ..........................
*
*
Application Review .......
*
*
3/24/2024
*
10/31/2024, [Insert first
page of Federal Register citation].
*
*
*
*
Except for Rule 2.5(A) and 2.5(C) through (E)
which have a state effective date of 7/25/2013.
*
*
*
11 MAC Part 2—Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality
Rule 5.1 ..........................
Purpose of this regulation.
3/24/2024
Rule 5.2 ..........................
Adoption of Federal
Rules by Reference.
3/24/2024
Rule 5.3 ..........................
Definition of term ‘‘Administrator’’.
3/24/2024
Rule 5.4 ..........................
3/24/2024
Rule 5.6 ..........................
Adoption of Federal
Rules for Exclusions
from Increment Consumption.
Transmittal of Permit
Applications to EPA
Administrator.
Applicability ...................
Rule 5.7 ..........................
Public Participation .......
3/24/2024
Rule 5.5 ..........................
*
*
*
§ 52.1276
■
*
*
[Removed and Reserved]
3. Remove and reserve § 52.1276.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
lotter on DSK11XQN23PROD with RULES1
[EPA–R04–OAR–2023–0466; FRL–12179–
02–R4]
Air Plan Approval; Forsyth County,
North Carolina; Removal of Excess
Emissions Provisions
Environmental Protection
Agency (EPA).
AGENCY:
Final rule.
VerDate Sep<11>2014
16:20 Oct 30, 2024
3/24/2024
Jkt 265001
10/31/2024, [Insert first
page of Federal Register citation].
10/31/2024, [Insert first
page of Federal Register citation].
10/31/2024, [Insert first
page of Federal Register citation].
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the North Carolina
Division of Air Quality (NCDAQ) on
behalf of the Forsyth County Office of
Environmental Assistance and
Protection (FCEAP or Forsyth County)
on November 28, 2022. The revision
was submitted in response to a finding
of substantial inadequacy and SIP call
published on June 12, 2015, concerning
excess emissions during startup,
shutdown, and malfunction (SSM)
events. EPA is approving the SIP
revision in accordance with
requirements for SIP provisions under
the Clean Air Act (CAA or Act) and
finds that such SIP revision corrects the
deficiencies identified in the Forsyth
County portion of the North Carolina
SIP in the June 12, 2015, SIP Call. EPA
is also approving minor and
administrative changes to certain
PO 00000
Frm 00043
The version of Rule 5.2 in the SIP does not incorporate 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).
10/31/2024, [Insert first
page of Federal Register citation].
10/30/2024, [Insert first
page of Federal Register citation].
SUMMARY:
[FR Doc. 2024–25243 Filed 10–30–24; 8:45 am]
ACTION:
7/25/2013
10/31/2024, [Insert first
page of Federal Register citation].
10/31/2024, [Insert first
page of Federal Register citation].
Fmt 4700
Sfmt 4700
regulatory provisions that have been
revised by the local agency since EPA’s
last approval of those provisions.
DATES:
This rule is effective December 2,
2024.
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2023–0466. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be 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 Multi-Air Pollutant Coordination
ADDRESSES:
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Rules and Regulations]
[Pages 86751-86755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25243]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0186; FRL-12250-02-R4]
Air Plan Approval; Mississippi; PSD and Air Quality Modeling
Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) submission provided by the State of
Mississippi, through the Mississippi Department of Environmental
Quality (MDEQ), via a letter dated February 28, 2024. Specifically, EPA
is finalizing approval of updates to the incorporation by reference of
Federal prevention of significant deterioration (PSD) rules in the
Mississippi SIP. EPA is also converting the previous conditional
approval of Mississippi's infrastructure SIP PSD and air quality
modeling provisions for the 2015 Ozone National Ambient Air Quality
Standards (NAAQS) to a full approval. EPA is also approving changes to
public notice provisions for PSD permitting to provide for electronic
notice (e-notice) and to remove the mandatory requirement to provide
public notice in a newspaper, and other minor changes to the PSD rules.
EPA is finalizing approval of these changes pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule is effective December 2, 2024.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0186. All documents in the docket
are listed on the regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business
[[Page 86752]]
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: Josue Ortiz Borrero, 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. The telephone number
is (404) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving changes to Mississippi's SIP submitted by the
State on February 28, 2024. The changes include revising the State's
new source review (NSR) permitting regulations at 11 Mississippi
Administrative Code (MAC), Part 2, Chapter 2, Permit Regulations for
the Construction and/or Operation of Air Emissions Equipment (Chapter
2) and PSD permitting regulations at 11 MAC, Part 2, Chapter 5,
Regulations for the Prevention of Significant Deterioration of Air
Quality (Chapter 5) to adopt relevant federal permitting regulations
into the SIP. The PSD permitting changes at Chapter 5 amend MDEQ's
incorporate by reference (IBR) date of the federal PSD regulations at
40 CFR 51.166(f) and 40 CFR 52.21 to December 27, 2023. EPA's approval
of the December 27, 2023, IBR date at Chapter 5, Rule 5.2 adopts into
the SIP changes to 40 CFR 52.21 that EPA promulgated in several
rulemakings since Mississippi's last IBR update of February 17, 2016.
These rulemakings include: ``Source Determination for Certain Emission
Units in the Oil and Natural Gas Sector'' 81 FR 35622 (June 3, 2016);
``Rescission of Preconstruction Permits Issued under the Clean Air
Act'' 81 FR 78043 (November 7, 2016); ``Revisions to the Guideline on
Air Quality Models: Enhancements to the AERMOD Dispersion Modeling
System and Incorporation of Approaches to Address Ozone and Fine
Particulate Matter'' 82 FR 5182 (January 17, 2017) \1\ at; ``Prevention
of Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR): Project Emissions Accounting'' 85 FR 74890 (November 24, 2020);
and ``New Source Review Errors Correction'' 86 FR 37918 (July 19,
2021). The SIP revision also amends Mississippi's SIP-approved PSD
rules to adopt public participation e-notice provisions consistent with
EPA's October 5, 2016, rule ``Revisions to Public Notice Provisions in
Clean Air Act Permitting Programs''.\2\ The modeling updates at Chapter
2 and 5 respecting references to Appendix W in 40 CFR 52.21(l) support
the state's request to convert EPA's March 1, 2023, conditional
approval of the PSD requirements of elements 110(a)(2)(C), (D)(i)(II)
(Prong 3), and (J), and the air quality modeling element under section
110(a)(2)(K), of Mississippi's 2015 8-hour ozone NAAQS infrastructure
SIP (iSIP) \3\ to a full approval.\4\ The SIP revision also includes
minor changes to Mississippi's PSD regulations at Chapter 2 \5\ and
Chapter 5. The February 28, 2024, SIP submission provides additional
changes to 11 MAC, Part 2, Chapter 2 to address NSR requirements, as
well as minor grammatical errors which will be addressed in a separate
rulemaking.
---------------------------------------------------------------------------
\1\ The update to air quality modeling from the updated IBR date
in 11 MAC, Part 2, Chapter 5, Rule 5.2, also updates modeling
requirements at 11 MAC, Part 2, Chapter 2, Rule 2.5 because this
Rule cross-references Rule 5.2 for purposes of air quality modeling.
\2\ See 81 FR 71613.
\3\ On October 1, 2015, EPA promulgated a revised primary and
secondary NAAQS for ozone, revising the 8-hour ozone standards from
0.075 parts per million (ppm) to a new more protective level of
0.070 ppm. See 80 FR 65292 (October 26, 2015). Pursuant to section
110(a)(1) of the CAA, states are required to submit SIP revisions
meeting the applicable requirements of section 110(a)(2) within
three years after promulgation of a new or revised NAAQS or within
such shorter period as EPA may prescribe. Section 110(a)(2) requires
states to address basic SIP elements such as requirements for
monitoring, basic program requirements, and legal authority that are
designed to assure attainment and maintenance of the NAAQS. This
particular type of SIP is commonly referred to as an
``infrastructure SIP'' or ``iSIP.'' States were required to submit
such SIP revisions for the 2015 8-hour ozone NAAQS to EPA no later
than October 1, 2018.
\4\ Mississippi submitted two SIP submissions on September 6,
2019, and January 25, 2021, to address their 110(a)(1) and (2)
infrastructure obligations for the 2015 ozone standard. Through
previous rulemakings, EPA approved most of the iSIP elements for the
2015 ozone NAAQS. See 87 FR 57832 (September 22, 2022), and 88 FR
9336 (February 13, 2023). On March 1, 2023, EPA finalized the
conditional approval for the PSD infrastructure elements (i.e.,
section 110(a)(2)(C), (D)(i)(II) (prong 3) and (J)), and the air
quality modeling element of section 110(a)(2)(K), portion of the
January 25, 2021, infrastructure SIP submission, as supplemented on
November 18, 2022.
The March 1, 2023, conditional approval of the PSD and air
quality modeling iSIP provisions established a requirement for
Mississippi to submit a final SIP submission that addresses the
terms of the conditional approval commitment one year after EPA's
conditional approval of these portions of Mississippi's ozone iSIP
or March 1, 2024. Accordingly, on February 28, 2024, Mississippi
submitted a final SIP revision in response to the conditional
approval commitment to address the outdated references to the
federal guideline on air quality modeling, by revising Chapter 2 and
Chapter 5 to require the use of the current version of 40 CFR part
51, Appendix W (Guideline on Air Quality Models).
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on
September 16, 2024 (89 FR 75517), EPA proposed to approve the changes
to 11 MAC Part 2, Chapter 2, Rules 2.5B(1) and B(2), Application
Review; 11 MAC, Part 2, Chapter 5, Rule 5.1, Purpose of this
regulation; Rule 5.2, Adoption of Federal Rules by Reference; Rule 5.3,
Definition of term ``Administrator''; Rule 5.4, Adoption of Federal
Rules for Exclusions from Increment Consumption; Rule 5.6
Applicability; and Rule 5.7, Public Participation into Mississippi's
SIP and to convert the conditional approval of the portions of the 2015
8-hour ozone NAAQS iSIP that address the PSD related requirements of
CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), and the modeling requirements of 110(a)(2)(K) to a full
approval.\6\ The contents of Mississippi's submission, EPA's rationale
for approving the changes, and EPA's rationale for converting the
conditional approval action to full approval, are described in more
detail in the September 16, 2024, NPRM. Comments on the September 16,
2024, NPRM were due on or before October 16, 2024. EPA received one
comment on the September 16, 2024, NPRM. The comment is available in
the docket for this action.
---------------------------------------------------------------------------
\6\ The IBR date change has the effect of incorporating PSD-
related rule revisions EPA has promulgated since February 17, 2016,
through December 27, 2023, which ensures that the most recent
version of Appendix W will be used when considering air quality
modeling for PSD purposes in Mississippi. Mississippi's February 28,
2024, SIP revision also revises 11 MAC, Part 2, Chapter 2, Rule
2.5(B) to reference the version of Appendix W approved in Chapter 5.
Thus, by cross-referencing 11 MAC, Part 2, Chapter 5 for purposes of
modeling ambient concentrations of air pollutants in 11 MAC, Part 2,
Chapter 2, Rule 2.5(B), the State's regulation ensures that any
required modeling of ambient air quality will use the most recent
guidelines at Appendix W.
---------------------------------------------------------------------------
II. Response to Comments
EPA received one comment on the August 16, 2024, NPRM. EPA has
[[Page 86753]]
summarized and responded to the comment below.
Comment: The Commenter expressed support for the proposed changes
to Mississippi's SIP-approved PSD permitting program to align with
federal air pollution control guidelines, specifically those in
Appendix W. The Commenter emphasized the importance of using the best
tools available to monitor air quality and reduce pollutants like
ozone. However, the Commenter expressed concerns about the potential
financial strain these changes might impose on smaller business. The
Commenter suggested that measures such as extending deadlines or
providing financial support could help these businesses so they can
comply without struggling.
Response: EPA appreciates the Commenter's support for this action.
The Commenter also raised concerns about the potential burden the
changes may place on smaller businesses, suggesting additional time for
compliance or financial support so they can follow the rules without
struggling. Due to the general nature of the Commenter's requests and
suggestions, EPA is only able to provide general responses.
While EPA sets the NAAQS, states play a primary role in
implementation. The CAA establishes a system of cooperative federalism
that sets specific roles for EPA and the states. In this system, EPA
provides national leadership and sets national standards for
environmental protection, such as the NAAQS. Under CAA section 110,
states have broad discretion to choose the mix of emission limitations
and other control measures, means, or techniques that they will
implement (or update) through a SIP to provide for attainment and
maintenance of the NAAQS. EPA's role, with respect to a SIP revision,
is focused on reviewing the submission to determine whether it meets
the minimum criteria of the CAA, including a requirement to adopt a PSD
program. Where a SIP revision meets the minimum CAA criteria, EPA must
approve the submission. When approving a SIP revision, the Agency is
not establishing its own requirements for the state to implement.
Regarding the Commenter's suggestion to allow small businesses
additional time to meet the rules, as explained above, EPA's role is
focused on reviewing the submission to determine whether it meets the
minimum criteria of the CAA and must approve submissions that do. As
such, EPA cannot unilaterally adopt a different deadline for compliance
with the State's PSD rules if they conform to the CAA requirements. As
explained above and in the NPRM, Mississippi is updating its
incorporation date for the federal PSD rules at 40 CFR 52.21 from
February 17, 2016, to December 27, 2023.\7\ The changes to the State's
SIP are consistent with changes to the federal PSD rules that occurred
between February 17, 2016, and December 27, 2023, and therefore conform
to CAA PSD regulations.
---------------------------------------------------------------------------
\7\ The federal rules at 40 CFR 52.21 implement PSD requirements
for PSD programs administered by EPA and states with delegated
authority. The requirements for state PSD programs in SIPs at found
at 40 CFR 51.166.
---------------------------------------------------------------------------
The Commenter states that small businesses might have a hard time
paying for the changes needed to follow these new rules, and suggests
helping these businesses by offering financial support so they can
follow the rules without struggling. As noted above, the CAA delegates
to states the primary role in implementation through SIPs to attain and
maintain each NAAQS. EPA appreciates the concerns the Commenter
expressed regarding compliance by smaller businesses. EPA notes that
the changes to Mississippi's PSD program do not change the universe of
sources subject to preconstruction review under the program. EPA also
notes that the PSD regulations have required the use of Appendix W
modeling guidelines for decades, and that the Agency emphasized that
air quality modeling should utilize the most advanced practical
technology that is available at a reasonable cost to users when
adopting the 2017 revisions to Appendix W. See 82 FR 5182, 5185
(January 17, 2017).
Therefore, while EPA has considered this feedback on the proposed
rule, EPA has determined that the proposed SIP revision is consistent
with the requirements of the CAA and is not altering its decision to
proceed with the finalization of this action. Consequently, EPA is
approving this revision to the Mississippi's SIP.
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, and as discussed in Section I of this preamble, EPA is finalizing
the incorporation by reference of Mississippi Rules 11 MAC, Part 2,
Chapter 2, Rules 2.5B(1) and B(2), Application Review; \8\ 11 MAC, Part
2, Chapter 5, Rule 5.1, Purpose of this regulation; Rule 5.2, Adoption
of Federal Rules by Reference; \9\ Rule 5.3, Definition of term
``Administrator''; Rule 5.4, Adoption of Federal Rules for Exclusions
from Increment Consumption; Rule 5.6, Applicability; and Rule 5.7,
Public Participation, all of which are State effective on March 24,
2024.\10\ 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 State implementation plan, 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.\11\
---------------------------------------------------------------------------
\8\ Except for Rules 2.5(A) and 2.5(C) through (E) which have a
state effective date of 7/25/2013, Mississippi's February 28, 2024,
SIP submission provides additional changes to 11 MAC, Part 2,
Chapter 2 to address NSR requirements, as well as minor grammatical
errors which will be addressed in a separate rulemaking.
\9\ Rule 5.2 does not incorporate by reference the provisions at
52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely by
the Fugitive Emissions Interim Rule (76 FR 17548 (March 30, 2011)).
EPA will retain the text in the explanation column for Rule 5.2 at
40 CFR 52.1270(c).
\10\ Rules 5.3 through 5.6 were previously approved into the SIP
but were inadvertently not added to the CFR table at 40 CFR
52.1270(c). This action corrects this oversight. Rule 5.5 was not
changed through this SIP revision, so the table entry will reflect
the state effective date of the version incorporated into the SIP.
\11\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving the aforementioned changes to 11 MAC Part 2,
Chapter 2, Rule 2.5B(1) and B(2), Application Review; 11 MAC, Part 2,
Chapter 5, Rule 5.1, Purpose of this regulation; Rule 5.2, Adoption of
Federal Rules by Reference; Rule 5.3, Definition of term
``Administrator''; Rule 5.4, Adoption of Federal Rules for Exclusions
from Increment Consumption; Rule 5.6, Applicability; and Rule 5.7,
Public Participation. EPA is approving these changes because they are
consistent with EPA's federal PSD permitting regulations and the CAA.
In addition, EPA is converting the conditional approval portions of the
2015 8-hour ozone NAAQS iSIP that address the PSD related requirements
of CAA sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and
110(a)(2)(J), and the modeling requirements of 110(a)(2)(K) to a full
approval.
[[Page 86754]]
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 CAA 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 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, 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 rulemaking does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
Mississippi did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for communities with EJ concerns.
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 December 30, 2024. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: October 24, 2024.
Jeaneanne Gettle,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
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. In Sec. 52.1270(c), Table 1 to Paragraph (c) is amended:
0
a. Under the heading ``11 MAC Part 2--Chapter 2 Permit Regulations for
the Construction and/or Operation of Air Emissions Equipment'' by
revising the entry for ``Rule 2.5'',
0
b. Under the heading ``11 MAC Part 2--Chapter 5 Regulations for the
Prevention of Significant Deterioration of Air Quality'' by revising
the entries for ``Rule 5.1'' and ``Rule 5.2'', and adding entries for
``Rule 5.3'', ``Rule 5.4'', ``Rule 5.5'', ``Rule 5.6'', and ``Rule
5.7''.
The revisions and additions read as follows:
Sec. 52.1270 Identification of plan.
* * * * *
(c) * * *
[[Page 86755]]
Table 1 to Paragraph (c)--EPA-Approved Mississippi Laws and Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
11 MAC Part 2--Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Rule 2.5........................ Application Review. 3/24/2024 10/31/2024, [Insert Except for Rule 2.5(A)
first page of and 2.5(C) through (E)
Federal Register which have a state
citation]. effective date of 7/25/
2013.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
11 MAC Part 2--Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
Rule 5.1........................ Purpose of this 3/24/2024 10/31/2024, [Insert
regulation. first page of
Federal Register
citation].
Rule 5.2........................ Adoption of Federal 3/24/2024 10/31/2024, [Insert The version of Rule 5.2
Rules by Reference. first page of in the SIP does not
Federal Register incorporate the
citation]. 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).
Rule 5.3........................ Definition of term 3/24/2024 10/31/2024, [Insert
``Administrator''. first page of
Federal Register
citation].
Rule 5.4........................ Adoption of Federal 3/24/2024 10/30/2024, [Insert
Rules for first page of
Exclusions from Federal Register
Increment citation].
Consumption.
Rule 5.5........................ Transmittal of 7/25/2013 10/31/2024, [Insert
Permit first page of
Applications to Federal Register
EPA Administrator. citation].
Rule 5.6........................ Applicability...... 3/24/2024 10/31/2024, [Insert
first page of
Federal Register
citation].
Rule 5.7........................ Public 3/24/2024 10/31/2024, [Insert
Participation. first page of
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.1276 [Removed and Reserved]
0
3. Remove and reserve Sec. 52.1276.
[FR Doc. 2024-25243 Filed 10-30-24; 8:45 am]
BILLING CODE 6560-50-P
