ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R04-OAR-2009-0041-200902; FRL- ] 

Approval and Promulgation of Implementation Plans; State of 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 SIP to 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 incorporation by 

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 requirements 
and section 110 of 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 reference of provisions promulgated by EPA 

on May 1,2007, which exclude from the NSR major source permitting requirements "chemical 

process plants" that produce ethanol through a natural fermentation process (hereafter referred to 

as the "Ethanol Rule"). See 72 FR 24060. EPA may consider further action for the 

aforementioned provision in a future rulemaking. The second is Mississippi's compliance with 

Section 1 lO(a)(2)(D)(i) of the CAA regarding interstate air pollution transport for the 1997 8- 

hour ozone and fine particulate matter NAAQS as it pertains to the prevention of significant 

deterioration of air quality and visibility. EPA is also not addressing Mississippi's submission 

regarding interstate transport 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 following methods: 

1. www.regulations.~ov: Follow the on-line instructions for submitting comments. 

2. E-mail: bcn jami t~.lvuorae~@ex~a.go~~. 

3. Fax: (404) 562-9019. 

4. Mail: EPA-R04-OAR-2009-0041, 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: 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 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-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 information whose disclosure is restricted by statute. Do not submit 

through www.rerrulations.~ov or e-mail, information that 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 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 

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 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 www.regulativns.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: 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, 

61 Forsyth 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. Telephone number: (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. 

Telephone number: (404) 562-9029; e-mail address: spam.iane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action is EPA Proposing Today? 

11. What is the Background for the Action that EPA is Proposing Today? 

111. What is EPA's Analysis of Mississippi's SIP Revision? 

IV. Proposed Action. 

V. Statutory and Executive Order Reviews. 

I. What Action is EPA Proposing today? 

EPA is proposing to revise the Mississippi SIP to include the portion of Mississippi's 

November 28,2007, SIP revision 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 NSR 
requirements (40 CFR 52.21 and the Ozone Implementation NSR Update) relevant to NOx as an 

ozone precursor and section 110 of the CAA. The revision, which became state-effective on 

September 24,2007, is incorporated by reference into Mississippi's PSD program, and EPA has 

preliminarily determined that the incorporation by reference of NOx as an ozone precursor meets 

the requirements of the Ozone Implementation NSR Update. 

11. What is the Background for the Action that EPA is Proposing Today? 

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, nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. 

Related to the 2004 designations, EPA also promulgated 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, effective on June 15, 2004, addresses classifications 

for the 8-hour ozone NAAQS, revocation of the 1-hour ozone NAAQS, anti-backsliding 

principles, attainment dates 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 11 Rule requirements include among other 

changes, a provision stating that NOx is an ozone precursor. 70 FR 7 1612, (page 71679) 

(November 29,2005). 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 established that states must submit SIPS incorporating required 

changes (including the addition of NOx as a precursor for ozone) no later than June 15, 2007. 

See 70 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 ozone nonattainment areas, 

provisions addressing offset requirements for facilities that shut down or curtail operation, and a requirement stating 

7 
111. What is EPA's Analysis of Mississippi's SIP Revision? 

On November 28, 2007, the State of Mississippi, through MDEQ, submitted a revision to 

EPA for approval, which revised the PSD program. This revision incorporates by reference, 

EPA's federal regulations specified in the Ozone Implementation NSR 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 a precursor to ozone for PSD 

permitting, consistent with changes to the Federal regulations set forth in the Ozone 

Implementation NSR Update. Mississippi's November 28, 2007 SIP revision incorporates by 

reference the federal PSD regulations (at 40 CFR 52.21) to include the Ozone Implementation 

NSR Update rules and additional subsequent revisions to the federal program made through July 

15, 2007. Currently, the State of Mississippi is in attainment for all the NAAQS and all major 

sources are subject to the PSD permitting program in the Mississippi SIP which incorporates by 

reference 40 CFR 52.21. Today's action only relates to the portion of Mississippi's SIP revision 

which incorporates by reference the federal provisions related to NOx as an ozone precursor. 

The Mississippi NOx as an ozone precursor PSD language was incorporated by reference 

and is identical to the federal PSD requirements. The SIP revision is consistent with the CAA 

because it adds NOx as a precursor to 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 110 of the CAA, EPA is proposing to approve the portion of 

Mississippi's SIP revision submitted November 28,2007, which incorporates by 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 

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 (Public Law 

104-4); 

does not have Federalism implications as specified in Executive Order 13 132 (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 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 13 175 (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 Subjects in 40 CFR Part 52 

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental 

relations, and Ozone. 

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

Dated: 

September 22, 2010 A. Stanley Meiburg 

Ae t fng ~lmgional Administrator, 

Region 4.