Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 14631 

local entities related to the 1997 8-hour 

ozone NAAQS when necessary. 

IV. Proposed Action 

As described above, the 

Commonwealth of Kentucky has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in Kentucky. 

EPA is proposing to approve Kentucky’s 

infrastructure submission for the 1997 

8-hour ozone NAAQS because this 

submission is consistent with section 

110 of the CAA. 

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. 

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 proposed 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the Commonwealth, and EPA 

notes that it will not impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate Matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: March 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6260 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04OAR–2010–0722–201108; FRL– 

9282–5] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP), 

submitted by the State of Mississippi, 

through the Department of 

Environmental Quality (DEQ), as 

demonstrating that Mississippi meets 

the requirements of sections 110(a)(1) 

and (2) of the Clean Air Act (CAA or 

Act) for the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

Section 110(a) of the CAA requires that 

each state adopt and submit a SIP for 

the implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Mississippi 

certified that the Mississippi SIP 

contains provisions that ensure the 1997 

8-hour ozone NAAQS are implemented, 

enforced, and maintained in Mississippi 

(hereafter referred to as ‘‘infrastructure 

submission’’). Mississippi’s 

infrastructure submission, provided to 

EPA on December 7, 2007, addressed all 

the required infrastructure elements for 

the 1997 8-hour ozone NAAQS. 

DATES: Written comments must be 

received on or before April 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0722, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9140. 

4. Mail: ‘‘EPA–R04–OAR–2010–0722,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0722. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

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14632 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management 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 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at 

ward.nacosta@epa.gov. 

Table of Contents 

I. Background 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

III. What is EPA’s analysis of how 

Mississippi addressed the elements of 

Sections 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone based on 8-hour 

average concentrations. The 8-hour 

averaging period replaced the previous 

1-hour averaging period, and the level of 

the NAAQS was changed from 0.12 

parts per million (ppm) to 0.08 ppm. 

See 62 FR 38856. Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the requirements 

of section 110(a)(2) within three years 

after promulgation of a new or revised 

NAAQS. Sections 110(a)(1) and (2) 

require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 1997 8-hour 

ozone NAAQS to EPA no later than June 

2000. However, intervening litigation 

over the 1997 8-hour ozone NAAQS 

created uncertainty about how to 

proceed and many states did not 

provide the required ‘‘infrastructure’’ SIP 

submission for these newly promulgated 

NAAQS. 

On March 4, 2004, Earthjustice 

submitted a notice of intent to sue 

related to EPA’s failure to issue findings 

of failure to submit related to the 

‘‘infrastructure’’ requirements for the 

1997 8-hour ozone NAAQS. EPA 

entered into a consent decree with 

Earthjustice which required EPA, among 

other things, to complete a Federal 

Register notice announcing EPA’s 

determinations pursuant to section 

110(k)(1)(B) as to whether each state had 

made complete submissions to meet the 

requirements of section 110(a)(2) for the 

1997 8-hour ozone NAAQS by 

December 15, 2007. Subsequently, EPA 

received an extension of the date to 

complete this Federal Register notice 

until March 17, 2008, based upon 

agreement to make the findings with 

respect to submissions made by January 

7, 2008. In accordance with the consent 

decree, EPA made completeness 

findings for each state based upon what 

the Agency received from each state as 

of January 7, 2008. 

On March 27, 2008, EPA published a 

final rulemaking entitled, 

‘‘Completeness Findings for Section 

110(a) State Implementation Plans; 8- 

Hour Ozone NAAQS,’’ making a finding 

that each state had submitted or failed 

to submit a complete SIP that provided 

the basic program elements of section 

110(a)(2) necessary to implement the 

1997 8-hour ozone NAAQS. See 73 FR 

16205. For those states that did receive 

findings, the findings of failure to 

submit for all or a portion of a state’s 

implementation plan established a 24- 

month deadline for EPA to promulgate 

a Federal Implementation Plan to 

address the outstanding SIP elements 

unless, prior to that time, the affected 

states submit, and EPA approves, the 

required SIPs. 

The findings that all or portions of a 

state’s submission are complete 

established a 12-month deadline for 

EPA to take action upon the complete 

SIP elements in accordance with section 

110(k). Mississippi’s infrastructure 

submission was received by EPA on 

December 7, 2007, and was determined 

to be complete on March 27, 2008. 

Mississippi was among other states that 

did not receive a finding of failure to 

submit because it provided a complete 

submission to EPA to address the 

infrastructure elements for the 1997 8- 

hour ozone NAAQS by March 1, 2008. 

Today’s action is proposing to approve 

Mississippi’s infrastructure submission 

for which EPA made the completeness 

determination on March 27, 2008. This 

action is not approving any specific 

rule, but rather proposing that 

Mississippi’s already approved SIP 

meets certain CAA requirements. 

II. What elements are required under 

Sections 110(a)(1) and (2)? 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the SIP for a new or revised 

NAAQS affects the content of the 

submission. The contents of such SIP 

submissions may also vary depending 

upon what provisions the state’s 

existing SIP already contains. In the 

case of the 1997 8-hour ozone NAAQS, 

states typically have met the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

mentioned above, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

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1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: 

(1) Submissions required by section 110(a)(2)(C) to 

the extent that subsection refers to a permit program 

as required in part D Title I of the CAA, and 

(2) submissions required by section 110(a)(2)(I) 

which pertain to the nonattainment planning 

requirements of part D, Title I of the CAA. Today’s 

proposed rulemaking does not address 

infrastructure elements related to section 

110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s proposed rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 8- 

hour ozone NAAQS. Interstate transport 

requirements were formerly addressed by 

Mississippi consistent with the Clean Air Interstate 

Rule (CAIR). On December 23, 2008, CAIR was 

remanded by the DC Circuit Court of Appeals, 

without vacatur, back to EPA. See North Carolina 

v. EPA, 531 F.3d 896 (DC Cir. 2008). Prior to this 

remand, EPA took final action to approve 

Mississippi’s SIP revision, which was submitted to 

comply with CAIR. See 72 FR 56268 (October 3, 

2007). In so doing, Mississippi’s CAIR SIP revision 

addressed the interstate transport provisions in 

Section 110(a)(2)(D)(i) for the 1997 8-hour ozone 

NAAQS. In response to the remand of CAIR, EPA 

has since proposed a new rule to address the 

interstate transport of NOX and SOX in the eastern 

United States. See 75 FR 45210 (Aug. 2, 2010) (‘‘the 

Transport Rule’’). However, because this rule has 

yet to be finalized, EPA’s action on element 

110(a)(2)(D)(i) will be addressed in a separate 

action. 

4This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under Section 

110(a)(1) and (2) for the 1997 8-Hour Ozone and 

PM2.5 National Ambient Air Quality Standards,’’ but 

as mentioned above is not relevant to today’s 

proposed rulemaking. 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this proposed rulemaking 

are listed below 1 and in EPA’s October 

2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required 

Under Section 110(a)(1) and (2) for the 

1997 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.2

• 110(a)(2)(D): Interstate transport.3

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.4

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

III. What is EPA’s analysis of how 

Mississippi addressed the elements of 

Sections 110(a)(1) and (2) 

‘‘infrastructure’’ provisions? 

Mississippi’s infrastructure 

submission addresses the provisions of 

sections 110(a)(1) and (2) as described 

below. 

1. 110(a)(2)(A): Emission limits and 

other control measures: Mississippi’s 

infrastructure submission provides an 

overview of the provisions of the 

Mississippi Air Pollution Control (APC) 

Regulations relevant to air quality 

control. The regulations described 

below have been federally approved in 

the Mississippi SIP and include 

enforceable emission limitations and 

other control measures. Regulation 

APC–S–1—Air Emission Regulations for 

the Prevention, Abatement, and Control 

of Air Contaminants and Regulation 

APC–S–3—Regulations for the 

Prevention of Air Pollution Emergency 

Episodes generally authorizes DEQ to 

adopt rules for the control of air 

pollution, including those necessary to 

obtain EPA approval under section 110 

of the CAA. The most recent federally 

approved revision in this regulation was 

on October 3, 2007 (72 FR 56268). EPA 

has made the preliminary determination 

that the provisions contained in this 

chapter and Mississippi’s practices are 

adequate to protect the 1997 8-hour 

ozone NAAQS. 

In this action, EPA is not proposing to 

approve or disapprove any existing state 

provisions with regard to excess 

emissions during startup, shutdown, or 

malfunction (SSM) of operations at a 

facility. EPA believes that a number of 

states have SSM provisions which are 

contrary to the CAA and existing EPA 

guidance, ‘‘State Implementation Plans: 

Policy Regarding Excess Emissions 

During Malfunctions, Startup, and 

Shutdown’’ (September 20, 1999), and 

the Agency plans to address such state 

regulations in the future. In the 

meantime, EPA encourages any state 

having a deficient SSM provision to take 

steps to correct it as soon as possible. 

Additionally, in this action, EPA is 

not proposing to approve or disapprove 

any existing state rules with regard to 

director’s discretion or variance 

provisions. EPA believes that a number 

of states have such provisions which are 

contrary to the CAA and existing EPA 

guidance (52 FR 45109 (November 24, 

1987)), and the Agency plans to take 

action in the future to address such state 

regulations. In the meantime, EPA 

encourages any state having a director’s 

discretion or variance provision which 

is contrary to the CAA and EPA 

guidance to take steps to correct the 

deficiency as soon as possible. 

2. 110(a)(2)(B) Ambient air quality 

monitoring/data system: Mississippi’s 

infrastructure submission provides 

information Regulation APC–S–1—Air 

Emission Regulations for the Prevention, 

Abatement, and Control of Air 

Contaminants, with regard to the 

monitoring program within the State. 

The most recent federally approved 

revision in this section was on October 

3, 2007 (72 FR 56268). Annually, EPA 

approves the ambient air monitoring 

network plan for the state agencies. On 

July 8, 2010, Mississippi submitted its 

plan to EPA. On December 14, 2010, 

EPA approved Mississippi’s monitoring 

network plan. Mississippi’s approved 

monitoring network plan can be 

accessed at http://www.regulations.gov 

using Docket ID No. EPA–R04–OAR– 

2010–0722. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices are 

adequate for the ambient air quality 

monitoring and data system related to 

the 1997 8-hour ozone NAAQS. 

3. 110(a)(2)(C) Program for 

enforcement of control measures 

including review of proposed new 

sources: In Regulation APC–S–1—Air 

Emission Regulations for the Prevention, 

Abatement, and Control of Air 

Contaminants of Mississippi’s SIP, a 

description of Mississippi’s statutory 

authority to enforce regulations relating 

to attainment and maintenance of air 

quality is included. Additionally, 

Mississippi submitted a SIP revision on 

November 28, 2007, which addresses 

the Ozone Implementation New Source 

Review (NSR) Update requirements to 

include nitrogen oxides (NOX) as an 

ozone precursor for permitting purposes 

for prevention of significant 

deterioration (PSD) and nonattainment 

NSR. Specifically, the Ozone 

Implementation NSR Update 

requirements included changes to major 

source thresholds for sources in certain 

classes of nonattainment areas, changes 

to offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. EPA published a final action 

approving Mississippi’s revisions which 

incorporate NOX as an ozone precursor 

on December 20, 2010 (75 FR 79300). 

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In Regulation APC–S–5—Regulations 

for the Prevention of Significant 

Deterioration for Air Quality, 

Mississippi incorporates by reference 

the regulations found at 40 CFR 52.21 as 

of June 15, 2007, and 40 CFR 

52.21(b)(1)(i)(a) and (b)(1)(iii)(t). These 

incorporated provisions include 

amendments to major source thresholds 

for sources in certain classes of 

nonattainment areas, changes to offset 

ratios for marginal, moderate, serious, 

severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. 

EPA published a final action revising 

Mississippi’s greenhouse gas (GHG) 

regulations on December 29, 2010 (75 

FR 81858). The revisions incorporate by 

reference the Tailoring Rule provisions 

at 40 CFR 52.21 (as amended June 3, 

2010, and effective August 2, 2010), into 

the Mississippi SIP (APC–S–5— 

Regulations for the Prevention of 

Significant Deterioration for Air Quality) 

to address the thresholds for GHG 

permitting applicability. Additionally, 

they also incorporate administrative 

changes related to Mississippi’s preexisting exclusion of certain provisions 

of the federal PSD regulations from its 

SIP, specifically, provisions pertaining 

to the ‘‘reasonable possibility’’ standard, 

‘‘clean units,’’ and ‘‘pollution control 

projects.’’ EPA has made the preliminary 

determination that Mississippi’s SIP and 

practices are adequate for program 

enforcement of control measures 

including review of proposed new 

sources related to the 1997 8-hour ozone 

NAAQS. 

In this action, EPA is proposing to 

approve Mississippi’s infrastructure SIP 

for the 8-hour ozone NAAQS with 

respect to the general requirement in 

section 110(a)(2)(C) to include a 

program in the SIP that regulates the 

modification and construction of any 

stationary source as necessary to assure 

that the NAAQS are achieved. EPA is 

not proposing to approve or disapprove 

the state’s existing minor NSR program 

itself to the extent that it is inconsistent 

with EPA’s regulations governing this 

program. EPA believes that a number of 

states may have minor NSR provisions 

that are contrary to the existing EPA 

regulations for this program. EPA 

intends to work with states to reconcile 

state minor NSR programs with EPA’s 

regulatory provisions for the program. 

The statutory requirements of section 

110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR 

programs, and EPA believes it may be 

time to revisit the regulatory 

requirements for this program to give 

the states an appropriate level of 

flexibility to design a program that 

meets their particular air quality 

concerns, while assuring reasonable 

consistency across the country in 

protecting the NAAQS with respect to 

new and modified minor sources. 

EPA has made the preliminary 

determination that Mississippi’s SIP and 

practices are adequate for program 

enforcement of control measures 

including review of proposed new 

sources related to the 1997 8-hour ozone 

NAAQS. 

4. 110(a)(2)(D)(ii) Interstate and 

International transport provisions: In 

Regulation APC–S–2—Permit 

Regulations for the Construction and/or 

Operation of Air Emissions Equipment, 

Mississippi outlines how it will notify 

neighboring states of potential impacts 

from new or modified sources. The most 

recent federally approved revision in 

this regulation was on July 10, 2006 (71 

FR 38773). Mississippi does not have 

any pending obligation under section 

115 and 126. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices are 

adequate for insuring compliance with 

the applicable requirements relating to 

interstate and international pollution 

abatement for the 1997 8-hour ozone 

NAAQS. 

In this action, EPA is proposing to 

approve Mississippi’s infrastructure SIP 

for the 8-hour ozone NAAQS with 

respect to the general requirement in 

section 110(a)(2)(C) to include a 

program in the SIP that regulates the 

modification and construction of any 

stationary source as necessary to assure 

that the NAAQS are achieved. EPA is 

not proposing to approve or disapprove 

the state’s existing minor NSR program 

itself to the extent that it is inconsistent 

with EPA’s regulations governing this 

program. EPA believes that a number of 

states may have minor NSR provisions 

that are contrary to the existing EPA 

regulations for this program. EPA 

intends to work with states to reconcile 

state minor NSR programs with EPA’s 

regulatory provisions for the program. 

The statutory requirements of section 

110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR 

programs, and EPA believes it may be 

time to revisit the regulatory 

requirements for this program to give 

the states an appropriate level of 

flexibility to design a program that 

meets their particular air quality 

concerns, while assuring reasonable 

consistency across the country in 

protecting the NAAQS with respect to 

new and modified minor sources. 

5. 110(a)(2)(E) Adequate resources: 

DEQ is responsible for adopting air 

quality rules, revising SIPs, developing 

and tracking the budget, establishing the 

title V fees, and other planning needs. 

Annually, states update grant 

commitments based on current SIP 

requirements, air quality planning, and 

applicable requirements related 

NAAQS, including the 1997 8-hour 

ozone NAAQS. On April 8, 2010, EPA 

submitted a letter to Mississippi 

outlining 105 grant commitments and 

current status of those commitments for 

fiscal year 2009. The letter EPA 

submitted to Mississippi can be 

accessed at http://www.regulations.gov 

using Docket ID No. EPA–R04–OAR– 

2010–0722. There were no outstanding 

issues, therefore Mississippi’s grants 

were finalized and closed out. EPA has 

made the preliminary determination 

that Mississippi has adequate resources 

for implementation of the 1997 8-hour 

ozone NAAQS. 

6. 110(a)(2)(F) Stationary source 

monitoring system: Mississippi’s 

infrastructure submission describes how 

to establish requirements for 

compliance testing by emissions 

sampling and analysis, and for 

emissions and operation monitoring to 

ensure the quality of data in the State. 

Mississippi uses these data to track 

progress towards maintaining the 

NAAQS, develop control and 

maintenance strategies, identify sources 

and general emission levels, and 

determine compliance with emission 

regulations and additional EPA 

requirements. This is outlined in 

Regulation APC–S–2—Permit 

Regulations for the Construction and/or 

Operation of Air Emissions Equipment 

of the Mississippi air pollution control 

regulations. 

Additionally, the National Emissions 

Inventory (NEI) is EPA’s central 

repository for air emissions data. EPA 

published the Air Emissions Reporting 

Rule (AERR) on December 5, 2008, 

which modified the requirements for 

collecting and reporting air emissions 

data (73 FR 76539). The AERR 

shortened the time states had to report 

emissions data from 17 to 12 months, 

giving states one calendar year to submit 

emissions data. All states are required to 

submit a comprehensive emissions 

inventory every three years and report 

emissions for certain larger sources 

annually through EPA’s online 

Emissions Inventory System (EIS). 

States report emissions data for the six 

criteria pollutants and the precursors 

that form them—nitrogen oxides, sulfur 

dioxide, ammonia, lead, carbon 

monoxide, particulate matter, and 

volatile organic compounds. Many 

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states also voluntarily report emissions 

of hazardous air pollutants. Mississippi 

made its latest update to the NEI on 

November 1, 2010. EPA compiles the 

emissions data, supplementing it where 

necessary, and releases it to the general 

public through the Web site http:// 

www.epa.gov/ttn/chief/ 

eiinformation.html. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices are 

adequate for the stationary source 

monitoring systems related to the 1997 

8-hour ozone NAAQS. 

7. 110(a)(2)(G) Emergency power: 

Mississippi’s infrastructure submission 

provides an overview of the Mississippi 

Air Pollution Control Regulations, 

specifically Regulation APC–S–3— 

Regulations for the Prevention of Air 

Pollution Emergency Episodes. The 

regulations contained in this section 

have been adopted to prevent the 

excessive build-up of air pollutants 

during air pollution episodes and to 

prevent the occurrence of an emergency 

due to the effects of pollutants on 

human health. All offices of local, 

county, and state governments, 

including authorities, joint meetings, 

and any other public body are notified 

as appropriate in this regulation. The 

episode criteria specified for ozone are 

based on a 1-hour average ozone level 

at a monitoring site. These criteria have 

previously been approved by EPA. EPA 

has made the preliminary determination 

that these criteria are adequate to 

address ozone emergency episodes for 

the 1997 8-hour ozone NAAQS, and 

thus, that Mississippi’s SIP and 

practices appear adequate for emergency 

powers related to the 1997 8-hour ozone 

NAAQS. 

8. 110(a)(2)(H) Future SIP revisions: 

As previously discussed, DEQ is 

responsible for adopting air quality 

rules and revising SIPs as needed to 

attain or maintain the NAAQS. DEQ is 

responsible for the adoption, 

modification, repeal, promulgation of 

air quality rules in Mississippi. They are 

also responsible for the enforcement and 

implementation of regulations in 

Mississippi. Mississippi has the ability 

and authority to respond to calls for SIP 

revisions, and has provided a number of 

SIP revisions over the years for 

implementation of the NAAQS. Specific 

to the 1997 8-hour ozone NAAQS, 

Mississippi has provided the following 

submissions: 

• August 8, 2005, SIP Revision (EPA 

approval, see 71 FR 38773, July 10, 

2006) Prevention of Significant 

Deterioration/New Source Review; 

• November 28, 2007, SIP Revision 

(EPA approval, see 75 FR 79300, 

October 7, 2010)—110(a)(2)(D)(i) Plan 

(NOX as a precursor); 

• December 7, 2007, SIP revision 

1997 Infrastructure 110(a)(2)—Ozone. 

Mississippi has no areas designated as 

nonattainment for the 1997 8-hour 

ozone NAAQS. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices 

adequately demonstrate a commitment 

to provide future SIP revisions related to 

the 1997 8-hour ozone NAAQS when 

necessary. 

9. 110(a)(2)(J) (121 consultation) 

Consultation with government officials: 

Mississippi Code Annotated Regulation 

49–17–3 provides for cooperation with 

other agencies of the State, agencies of 

other states, and the federal government 

for the prevention, abatement and 

control of new or existing air pollution. 

Additionally, DEQ submitted a regional 

haze plan which outlines its 

consultation practices with Federal 

Land Managers. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices 

adequately demonstrate consultation 

with government officials related to the 

1997 8-hour ozone NAAQS when 

necessary. 

10. 110(a)(2)(J) (127 public 

notification) Public notification: DEQ’s 

emergency episode provisions, 

discussed above in 110(a)(2)(G), provide 

for notification to the public when the 

NAAQS, including the ozone NAAQS, 

are exceeded. Additionally, during the 

ozone season, DEQ reports daily air 

quality information on its Web site at: 

http://opc.deq.state.ms.us/aqi/ 

specifically for the Jackson Metropolitan 

Area, DeSoto County, and the 

Mississippi Gulf Coast. EPA has made 

the preliminary determination that 

Mississippi’s SIP and practices 

adequately demonstrate the State’s 

ability to provide public notification 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

11. 110(a)(2)(J) (PSD) PSD and 

visibility protection: Mississippi 

demonstrates its authority to regulate 

new and modified sources of ozone 

precursors, volatile organic compounds 

(VOCs), and NOX, to assist in the 

protection of air quality in Regulation 

APC–S–5—Regulations for the 

Prevention of Significant Deterioration 

for Air Quality. 

In Regulation APC–S–5—Regulations 

for the Prevention of Significant 

Deterioration for Air Quality, 

Mississippi incorporates by reference 

the regulations found at 40 CFR 52.21 as 

of June 15, 2007, and 40 CFR 

52.21(b)(1)(i)(a) and (b)(1)(iii)(t). These 

provisions included amendments to 

major source thresholds for sources in 

certain classes of nonattainment areas, 

changes to offset ratios for marginal, 

moderate, serious, severe, and extreme 

ozone nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. 

Mississippi submitted a SIP revision 

on November 28, 2007, which addresses 

the Ozone Implementation NSR Update 

requirements to include NOX as an 

ozone precursor for permitting 

purposes. Specifically, the Ozone 

Implementation NSR Update 

requirements included changes to major 

source thresholds for sources in certain 

classes of nonattainment areas, changes 

to offset ratios for marginal, moderate, 

serious, severe, and extreme ozone 

nonattainment areas, provisions 

addressing offset requirements for 

facilities that shut down or curtail 

operation, and a requirement stating 

that NOX emissions are ozone 

precursors. Specifically, this SIP 

revision incorporates changes to 

Regulation APC–S–5—Regulations for 

the Prevention of Significant 

Deterioration for Air Quality. EPA 

published a final action approving 

Mississippi’s rulemaking to incorporate 

changes to this regulation in the 

Mississippi SIP on December 20, 2010 

(See 75 FR 79300). 

With regard to the applicable 

requirements for visibility protection, 

EPA recognizes that states are subject to 

visibility and regional haze program 

requirements under Part C of the Act 

(which includes sections 169A and 

169B). In the event of the establishment 

of a new NAAQS, however, the 

visibility and regional haze program 

requirements under part C do not 

change. Thus, EPA finds that there is no 

new visibility obligation ‘‘triggered’’ 

under section 110(a)(2)(J) when a new 

NAAQS becomes effective. This would 

be the case even in the event a 

secondary PM2.5 NAAQS for visibility is 

established, because this NAAQS would 

not affect visibility requirements under 

part C. Mississippi has submitted a SIP 

revision for approval to satisfy the 

requirements of the CAA Section 169A, 

and the regional haze and best available 

retrofit technology rules contained in 40 

CFR 51.308. This SIP revision is 

currently under review and will be 

acted on in a separate action. EPA has 

made the preliminary determination 

that Mississippi’s SIP and practices 

adequately demonstrate the State’s 

ability to implement PSD programs and 

to provide for visibility protection 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

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14636 Federal Register / Vol. 76, No. 52 / Thursday, March 17, 2011 / Proposed Rules 

12. 110(a)(2)(K) Air quality and 

modeling/data: DEQ has authority 

pursuant to 40 CFR part 51.21 to 

conduct air quality modeling and report 

the results of such modeling to EPA, as 

incorporated by reference in the 

Mississippi Air Pollution Control 

Regulations at Regulation APC–S–5— 

Regulations for the Prevention of 

Significant Deterioration for Air Quality. 

Additionally, Mississippi supports a 

regional effort to coordinate the 

development of emissions inventories 

and conduct regional modeling for 

several NAAQS, including the 1997 

8-hour ozone NAAQS, for the 

Southeastern states. This regulation 

demonstrates that Mississippi has the 

authority to provide relevant data for 

the purpose of predicting the effect on 

ambient air quality of the 8-hour Ozone 

NAAQS. EPA has made the preliminary 

determination that Mississippi’s SIP and 

practices adequately demonstrate the 

DEQ’s ability to provide for air quality 

and modeling, along with analysis of the 

associated data, related to the 1997 8- 

hour ozone NAAQS when necessary. 

13. 110(a)(2)(L) Permitting fees: 

Mississippi addresses the review of 

construction permits as previously 

discussed in 110(a)(2)(C) above. 

Permitting fees are collected through the 

State’s title V fees program, which has 

been federally approved. EPA has made 

the preliminary determination that 

Mississippi’s SIP and practices 

adequately provide for permitting fees 

related to the 1997 8-hour ozone 

NAAQS when necessary. 

14. 110(a)(2)(M) Consultation/ 

participation by affected local entities: 

DEQ coordinates with local 

governments affected by the SIP. 

Specifically, as outlined in Section IV of 

Regulation APC–S–2, Public 

Participation and Public Availability of 

Information, Mississippi requires that 

State and local air pollution control 

agencies be notified of modifications to 

stationary sources or the construction of 

new sources within their region of 

jurisdiction. EPA has made the 

preliminary determination that 

Mississippi’s SIP and practices 

adequately demonstrate consultation 

and participation by affected local 

political subdivisions related to the 

1997 8-hour ozone NAAQS when 

necessary. 

IV. Proposed Action 

As described above, Mississippi has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that the 1997 8-hour 

ozone NAAQS are implemented, 

enforced, and maintained in 

Mississippi. EPA is proposing to 

approve Mississippi’s infrastructure 

submission for the 1997 8-hour ozone 

NAAQS because this submission is 

consistent with section 110 of the 

CAA.EPA is proposing today’s action to 

satisfy the Agency’s statutory 

obligations under section 110(k) of the 

CAA to act upon the state submitted 

plans described herein. 

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. 

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 proposed 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in Mississippi, and EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: March 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–6252 Filed 3–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2004–0305; FRL–9282–2] 

RIN 2060–AQ42 

National Emission Standards for 

Hazardous Air Pollutants: Primary 

Lead Smelting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Extension of public comment 

period. 

SUMMARY: On February 17, 2011, EPA 

proposed amendments to the National 

Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smelting 

(76 FR 9410). The EPA is extending the 

deadline for written comments on the 

proposed amendments by 15 days to 

April 19, 2011. The EPA received a 

request for this extension from the Doe 

Run Company, the sole covered facility. 

Doe Run Company requested the 

extension in order to analyze data and 

review the proposed amendments. EPA 

finds this request to be reasonable due 

to the significant changes the proposal 

would make to the current rule. 

DATES: Comments must be received on 

or before April 19, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2004–0305, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS-1