### ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 

### [EPA-R04-OAR-2009-0041-200902; 

### FRL- ] Approval and Promulgation of Implementation Plans; Stateof Mississippi: Prevention of Significant Deterioration Rules: Nitrogen Oxide as a Precursor to Ozone



### AGENCY: Environmental Protection Agency (EPA). 

### ACTION: Proposed rule. 

### SUMMARY: EPA is proposing to approve a portion of a revision to the Mississippi State Implementation Plan (SIP), submitted by the Mississippi Department of Environmental Quality (MDEQ), to EPA on November 28,2007. The revision modifies Mississippi's prevention of significant deterioration (PSD) permitting regulations in the SIPto address permit requirements promulgated in the 1997 8-Hour Ozone National Ambient Air Quality Standards (NAAQS) Implementation Rule-Phase I1 (hereafter referred to as the "Ozone Implementation New Source Review (NSR) Update"). The Ozone Implementation NSR Update revised permit requirements relating to the implementation of the 1997 8-hour ozone NAAQS specifically incorporating nitrogen oxides (NOx) as a precursor to ozone. Specifically, this SIP revision incorporates by reference the Ozone Implementation NSR Update federal regulations into the Mississippi SIP through Air Pollution Control Section 5 (APC-S-5) "Regulations for the Prevention of Significant Deterioration of Air Quality." EPA's approval of Mississippi's incorporationby reference of the Ozone Implementation NSR Update federal regulations, including provisions to recognize NOx as an ozone precursor, into the Mississippi SIP, is based on EPA's determination that Mississippi's revision related to these provisions complies with current federal requirementsand section 110of the Clean Air Act (CAA). EPA is not taking action on two portions of Mississippi's November 28, 2007 submittal. The first is regarding Mississippi's incorporation by referenceof provisions promulgated by EPA
on May 1,2007,which exclude from the NSR major sourcepermitting requirements "chemical process plants" that produce ethanolthrough a natural fermentation process (hereafterreferred to
as the "Ethanol Rule"). See 72 

### FR 24060. EPA may consider further action for the aforementioned provision in a futurerulemaking. The second is Mississippi's compliancewith Section 1 lO(a)(2)(D)(i) of the CAA regarding interstateair pollution transport for the 1997 8- hour ozone and fine particulate matter NAAQS as it pertains to the prevention of significant deteriorationof air quality and visibility. EPA is also not addressing Mississippi's submission regarding interstatetransport in today's action.



### DATES: Comments must be received on or before [insert date 30 days after date of publication in the Federal Register].



### ADDRESSES: Submit your comments,identified by Docket ID No. EPA-RO4-OAR-2009- 0041,by one of the followingmethods: 1. www.regulations.~ov: Follow the on-line instructions for submitting comments. 2. E-mail: bcnjamit~.lvuorae~@ex~a.go~~. 

### 3. Fax: (404) 562-9019. 4. Mail: EPA-R04-OAR-2009-0041, RegulatoryDevelopment Section,Air PlanningBranch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61Forsyth Street, SW, Atlanta, Georgia 30303-8960. 5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 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 officialhours 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-2009-0041." EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.rer2ulations.~ov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other informationwhose disclosure is restricted by statute. Do not submit through www.rerrulations.~ov or e-mail, informationthat you consider to be CBI or otherwise protected. The www.rerzulations.pov website 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 www.regulations.gov,your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electroniccomment,EPA recommends that you include your name and other contactinformation 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 consideryour comment. Electronicfiles 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 

### htt~://~~~.epa.~ov/epahome/dockets.htm. -

Docket: All documents in the electronic docket are listed in the www.reaulations.~ov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure isrestricted by statute. Certainother 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 www.regulativns.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and ToxicsManagementDivision,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 sectionto schedule your inspection. The Regional Office's officialhours of business are Monday through Friday, 

### 8:30 to 4:30, excluding federal holidays.



### FOR FURTHER INFORMATION CONTACT: For information regarding the Mississippi SIP, contact Ms. Twunjala Bradley, Regulatory Development Section,Air Planning Branch, Air,

### Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61Forsyth Street, SW,Atlanta, Georgia 30303-8960. Telephone number: (404) 562-9352; e-mail address: bradlev.twuniala@epa.~ov. 

### For information regarding NSRIPSD, contact Ms. Yolanda Adams, Air Permits Section, at the same address above. Telephonenumber: (404) 562-9214; e-mail address: adams.volanda@e~a.gov. For information regarding 8-hour ozone NAAQS, contact Ms. Jane Spann,Regulatory Development Section, at the same address above. Telephonenumber: (404) 562-9029; e-mail address: spam.iane@epa.gov.



### SUPPLEMENTARY INFORMATION: Tableof Contents I. What Action is EPA Proposing Today? 11. What is the Backgroundfor the Action that EPA is ProposingToday? 111. What is EPA's Analysis ofMississippi's SIPRevision? IV. Proposed Action. 

### V. Statutory and Executive Order Reviews.

I. What Action is EPA Proposing today? EPA is proposing to revise the Mississippi SIPto include the portion of Mississippi's November 28,2007, SIPrevision which incorporates by reference the Ozone Implementation NSR Update into Mississippi's Air Quality Regulations, APC-S-5 "Regulations for the Prevention of Significant Deterioration." This revision is consistent with current Federal NSRrequirements (40 CFR 52.21 and the Ozone Implementation NSR Update) relevant to NOx as an
ozoneprecursor and section 110of the CAA. The revision,which became state-effective on September24,2007, is incorporated by reference into Mississippi's PSD program, and EPA has preliminarilydetermined that the incorporation by referenceof NOx as an ozoneprecursor meets the requirements of the Ozone Implementation NSR Update.

11. 

### What is the Background for the Action that EPA is ProposingToday? On July 18, 1997,EPA promulgated a revised %hour ozone NAAQS of 0.08 parts per million - also referred to as the 1997 8-hour ozone NAAQS. On April 30,2004, EPA designated
areas as attainment, nonattainmentand unclassifiablefor the 1997 8-hour ozone NAAQS. Related to the 2004 designations,EPA alsopromulgated an implementation rule for the 1997 8- hour ozone NAAQS in two phases. Phase I of EPA's 1997 %hour ozone implementation rule (Phase I Rule), published on April 30, 2004, effectiveon June 15, 2004, addresses classifications for the 8-hour ozone NAAQS, revocationof the 1-hourozone NAAQS, anti-backsliding principles, attainmentdates and timing of emissions reductions needed for attainment. See 69 FR 23857. On November 29,2005, EPA promulgated the second phase for the implementation provisions related to the 1997%hour ozone standards - also known as the Phase I1 Rule. See 70 

### FR 71612. The Phase I1 Rule addresses the remaining control and planning requirements as they apply to areas designated nonattainment for the 1997 %hour ozone NAAQS which include NSR requirements. Specific to this rulemaking, the Phase I1 Rule made changes to Federal regulations

### found at 40 

### CFR 51.165, 51.166 and 52.21, which govern the nonattainment NSR and PSD permitting programs.' Specifically, the Phase 11Rule requirements include among other changes, aprovision statingthat NOx is an ozoneprecursor. 70FR 7 1612, (page71679) (November29,2005). In the Phase I1 Rule, EPA stated as follows:

"The EPA has recognized NOx as 

### an ozone precursor in several national rules because of its contribution to ozone transport and the ozone nonattainment problem. The EPA's recognition of NOx as an ozone precursor is supported by scientific studies,which have long recognized the role of NOx in ozone formation and transport. Such formation and transport is not limited to nonattainment areas. Therefore, we believe NOx should be treated consistently as an 

### ozone precursor in both our PSD and nonattainment NSR regulations. For these reasons, we have promulgated final regulations providing that NOx is an ozone precursor in attainment areas."

In the Phase I1 Rule, EPA establishedthat states must submit SIPSincorporating required changes (includingthe addition of NOx as a precursor for ozone) no later than June 

### 15,2007. See70

### FR 71612 (page 71683).



## ' These changes 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 ozonenonattainment areas, provisions addressing offset requirements for facilities that shut down or curtail operation, and a requirement stating 

### 7

### 111. Whatis EPA's Analysis of Mississippi's SIPRevision? On November 28, 2007, the Stateof Mississippi, through MDEQ, submitted a revision to EPA for approval, which revised the PSD program. This revision incorporates by reference, EPA's federalregulations specified in the Ozone ImplementationNSR Update relating to NOx
as an ozone precursor. Specifically,the revision is found in Mississippi's Air Quality Regulations, APC-S-5 "Regulations for the Prevention of Significant Deterioration." The submittal revised Mississippi's PSD program to include NOx as aprecursor to ozone for PSD permitting, consistent with changes to the Federal regulations set forth in the Ozone ImplementationNSR Update. Mississippi's November 28, 2007 SIPrevision incorporates by reference the federalPSD regulations (at40 CFR 52.21) to includethe Ozone Implementation NSR Updaterules and additional subsequent revisions to the federal program made through July 15,2007. Currently, the State of Mississippi is in attainmentfor all the NAAQS and all major sources are subjectto the PSD permitting program in the Mississippi SIP which incorporatesby reference40 CFR 52.21. Today's action only relates to the portion of Mississippi's SIPrevision which incorporatesby reference the federal provisions related to NOx as an ozoneprecursor. The Mississippi NOx as an ozone precursor PSD language was incorporatedby reference and is identical to the federal PSD requirements. The SIPrevision is consistent with the CAA because it adds NOx as a precursorto ozone and is consistent with federal requirements. Therefore, EPA has preliminarily determined that the Mississippi PSD provisions to include NOx as an ozone precursor are approvable.

that NOx emissions are ozone precursors. 8

### IV. Proposed Action. Pursuant to section 110of the CAA, EPA is proposing to approve the portion of Mississippi's SIP revision submittedNovember 28,2007, which incorporatesby reference NOx
as an ozone precursor for PSD purposes into the Mississippi SIP. EPA is proposing to approve these revisions because they are consistent with the CAA and its implementing regulations.



### 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. 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 imposedby 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 (44U.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(Public Law 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 onhealth or safety risks subject to Executive Order 13045 (62 

### FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 1321

### 1(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 state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

### List of Subjectsin 40 

### CFR Part 52 Environmental protection, Air pollution control,Incorporationby reference, Intergovernmental relations, and Ozone.
Authority: 

### 42 U.S.C. 7401 et 

### seq.

Dated: September 22, 2010 A. Stanley Meiburg Aetfng 

### ~lmgional Administrator, Region 4.