Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 75517 

1See 81 FR 71613. The February 28, 2024, SIP 

submission also updates 11 MAC, Part 2, Chapter 

2 to address NSR requirements that will be 

addressed in a separate rulemaking. 

(B) Road #2/95 Spur near Hite, also 

known as Dirty Devil Spur 

(approximately 1.14 miles). 

(C) Cove Canyon Spur Road near Hite 

(approximately 0.65 miles). 

(D) Flint Trail Spur Road near Hite, 

also known as Waterhole Flat Spur #1 

Road and Dark Canyon Overlook Road 

(approximately 0.72 miles). 

(E) Ticaboo Mesa Road near Bullfrog 

(approximately 1.45 miles). 

(F) Muley Point Road (approximately 

1.26 miles). 

(G) Johns Canyon Road near Muley 

Point (approximately 7.49 miles). 

* * * * * 

(6) * * * 

(i) * * * 

(ii) The superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter, and through 

publication on the recreation area 

website. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–21032 Filed 9–13–24; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2024–0186; FRL–12250– 

01–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: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 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 proposing to 

approve updates to the incorporation by 

reference of Federal prevention of 

significant deterioration (PSD) rules in 

the Mississippi SIP. EPA is also 

proposing to convert 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 

proposing 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 proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before October 16, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2024–0186 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

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: 

I. Overview 

Mississippi’s February 28, 2024, SIP 

submission seeks to revise 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. Mississippi’s December 27, 

2023, IBR date adopts into the SIP at 

Chapter 5, changes to 40 CFR 52.21 that 

EPA promulgated in several 

rulemakings since the Mississippi’s last 

IBR update of February 17, 2016. The 

changes at Chapter 2 amend NSR 

general permitting requirements. EPA is 

also proposing to convert EPA’s March 

1, 2023, conditional approval of PSD 

and air quality modeling provisions at 

section 110(a)(2)(C), (D)(i)(II) (prong 3), 

(J), and (K), for Mississippi’s 

infrastructure SIP for the 2015 ozone 

NAAQS to a full approval based on the 

revisions to Chapter 2 and Chapter 5. 

Lastly, the February 28, 2024, SIP 

submission proposes to revise the SIPapproved PSD regulations at Chapter 5 

to adopt public participation revisions 

consistent with EPA’s October 5, 2016, 

rule ‘‘Revisions to Public Notice 

Provisions in Clean Air Act Permitting 

Programs’’ Final Rule.1

EPA’s proposed rule briefly 

summarizes the framework of the PSD 

permitting program, how the program is 

implemented in Mississippi, and what 

Federal changes MDEQ is requesting 

EPA to IBR into its SIP. EPA is 

proposing to approve Mississippi’s 

February 28, 2024, PSD revisions to 

Chapters 2 and 5 because they are 

consistent with EPA’s Federal PSD 

permitting regulations and the CAA. 

EPA summarizes the PSD rule revisions 

in sections II.B and II.C of this 

document. Please refer to the referenced 

Federal Register citations for additional 

detailed background on the Federal PSD 

regulations at 40 CFR 52.21. 

II. Background 

A. Mississippi’s 2015 Ozone NAAQS 

Infrastructure SIP Submissions 

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 


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2 In infrastructure SIP submissions, States 

generally certify evidence of compliance with 

sections 110(a)(1) and (2) of the CAA through a 

combination of State regulations and statutes, some 

of which have been incorporated into the SIP. In 

addition, certain federally approved, non-SIP 

regulations may also be appropriate for 

demonstrating compliance with sections 110(a)(1) 

and (2). 

3Mississippi submitted their interstate transport 

SIP on September 6, 2019, to address the State’s 

section 110(a)(2)(D)(i)(I) prongs 1 and 2 interstate 

transport obligations respecting contribution to 

nonattainment or interference with maintenance, 

respectively, in other States. EPA took final action 

on this submission on February 13, 2023, (88 FR 

9336). On January 25, 2021, Mississippi submitted 

a second SIP revision to EPA to address all required 

infrastructure elements except for the interstate 

transport provisions of section 110(a)(2)(D)(i)(I) 

prongs 1 and 2. 

4See 87 FR 57832 (September 22, 2022), and 88 

FR 9336 (February 13, 2023). 

5Under CAA section 110(k)(4), EPA may 

conditionally approve a SIP revision based on a 

commitment from a State to adopt specific 

enforceable measures by a date certain, but not later 

than one year from the date of approval. If the State 

fails to meet the commitment within one year of the 

final conditional approval, the conditional approval 

will be treated as a disapproval and EPA will issue 

a finding of disapproval. 

6Air Plan Approval; Mississippi; PSD and Air 

Quality Modeling Infrastructure Requirements for 

the 2015 8-Hour Ozone National Ambient Air 

Quality Standards, 87 FR 78896 (December 23, 

2022). 

7Mississippi supplemented its January 25, 2021, 

infrastructure SIP with a November 18, 2022, 

commitment letter to EPA to update outdated 

references to the Federal guideline on air quality 

modeling found in Appendix W of 40 CFR part 51. 

See Docket ID EPA–R04–OAR–2024–0186 for a 

copy of the commitment letter. 

8Air Plan Approval; Mississippi; PSD and Air 

Quality Modeling Infrastructure Requirements for 

the 2015 8-Hour Ozone National Ambient Air 

Quality Standards, 88 FR 12833 (March 1, 2023). 9See 81 FR 71613. 

10See Mississippi’s February 28, 2024, SIP 

revision in the docket for this rulemaking (Docket 

ID: EPA–R04–OAR–2024–0186). 

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, 2018.2

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.3 Through previous 

rulemakings, EPA approved most of the 

iSIP elements for the 2015 ozone 

NAAQS.4

On December 23, 2022, EPA proposed 

to conditionally approve 5 changes to 

portions of Mississippi’s 2015 8-hour 

ozone NAAQS iSIP contained in 

MDEQ’s original January 25, 2021, 

infrastructure submittal as 

supplemented on November 18, 2022.6 7

Specifically, EPA proposed conditional 

approval of the PSD elements of CAA 

section 110(a)(2)(C), (D)(i)(II) (prong 3) 

and (J), and the modeling requirements 

of section 110(a)(2)(K) because 

Mississippi’s SIP-approved PSD 

regulations did not, at the time, 

reference the most updated version of 

EPA’s Guideline of Air Quality Models, 

codified at 40 CFR part 51, Appendix 

W. 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, 2022.8

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). 

B. PSD Public Participation Revisions 

and Increment Consumption IBR 

Update 

Mississippi’s February 28, 2024, SIP 

submission proposes to revise the SIPapproved PSD regulations at Chapter 5 

to adopt public participation revisions 

consistent with EPA’s October 5, 2016, 

rule ‘‘Revisions to Public Notice 

Provisions in Clean Air Act Permitting 

Programs.’’ 9 This 2016 rule revised 

EPA’s public notice provisions for the 

NSR, Title V, and Outer Continental 

Shelf permitting programs of the CAA to 

remove the mandatory requirement to 

provide public notice of permitting 

actions through publication in a 

newspaper and allow for electronic 

notice (e-notice) as an option for 

permitting authorities. Permitting 

authorities are not required to adopt enotice, and nothing in the revised 

Federal rules prevents a permitting 

authority with an EPA-approved 

permitting program from continuing to 

use newspaper notification and/or from 

supplementing e-notice with newspaper 

notification and/or additional means of 

notification. For the noticing of draft 

permits issued by permitting authorities 

with EPA-approved programs, the rule 

requires the permitting authority to use 

‘‘a consistent noticing method’’ for all 

permit notices under the specific 

permitting program. When e-notice is 

provided, EPA’s rule requires electronic 

access (e-access) to the draft permit for 

the duration of the public comment 

period which would enable permitting 

authorities to communicate permitting 

and other affected actions to the public 

more quickly and efficiently and 

provide cost savings over newspaper 

publication. A full description of the enotice and e-access provisions is 

contained in EPA’s October 18, 2016, 

rulemaking notice. See 81 FR 71613. 

The 2024 submission revises the public 

participation provisions by deleting an 

incorporated reference to the public 

notice provisions at 40 CFR 51.166(q) in 

Rule 5.4 and adding public participation 

requirements to new Rule 5.7. Rule 5.4 

is also revised to include an IBR date of 

December 23, 2024, for 40 CFR 

51.166(f)—Exclusions from Increment 

Consumption, which does not 

substantively change these incorporated 

provisions. 

C. Mississippi’s February 28, 2024, SIP 

Submission Chapter 5 PSD Incorporate 

by Reference Update for 40 CFR 52.21 

Mississippi’s 2024 SIP submission 

proposes updates to the IBR of the 40 

CFR 52.21 Federal PSD permitting rules 

in the Mississippi SIP at Chapter 5 from 

February 17, 2016, to December 27, 

2023. Mississippi’s Rule 5.2 IBR date 

revision incorporates the following 

Federal PSD regulation amendments at 

40 CFR 52.21 that EPA promulgated 

from 2016 through 2021: 10 ‘‘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); ‘‘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). EPA 

summarizes these PSD rule revisions 

below. Please refer to the referenced 

Federal Register citations for additional 


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11See 81 FR 35622. 

12See, ‘‘Rescission of Preconstruction Permits 

Issued under the Clean Air Act,’’ 81 FR 78043 

(November 7, 2016). 

13See ‘‘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). 

14Appendix W provides EPA’s preferred models 

and other recommended techniques, as well as 

guidance for their use in estimating ambient 

concentrations of air pollutants. 

15 40 CFR 51.166 sets forth the requirements for 

State PSD programs in SIPs, and 40 CFR 52.21 

implements PSD requirements for PSD programs 

administered by EPA and States with delegated 

authority. 

16See 82 FR 5182. 

18See ‘‘Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source Review,’’ 85 

FR 74890 (November 24, 2020). 

19See ‘‘New Source Review Errors Correction,’’ 

86 FR 37918 (July 19, 2021). 

detailed background on the Federal PSD 

regulations at 40 CFR 52.21. 

i. Oil and Natural Gas Source 

Determinations PSD Revisions 

On June 3, 2016, EPA finalized the 

rule entitled ‘‘Source Determination for 

Certain Emission Units in the Oil and 

Natural Gas Sector’’ 11 to clarify the 

agency’s air permitting rules as they 

apply to the oil and natural gas 

industry. The final rule clarifies when 

oil and gas equipment and activities 

must be deemed a single source when 

determining whether major source 

permitting programs apply, including 

PSD and Nonattainment New Source 

Review preconstruction permitting 

programs, and the Title V Operating 

permits program. By defining the term 

‘‘adjacent,’’ the rule specifies that 

equipment and activities in the oil and 

gas sector that are under common 

control will be considered part of the 

same source if they are located near 

each other—specifically if they are 

located on the same site or on sites that 

share equipment and are within 1⁄4 mile 

of each other. EPA previously addressed 

this definition through policy 

interpretation and guidance. The final 

rule applies to equipment and activities 

used for onshore oil and natural gas 

production, and for natural gas 

processing. It does not apply to offshore 

operations. The meaning of adjacency 

for onshore activities is addressed in the 

definition of ‘‘building, structure, 

facility, or installation’’ found in 40 CFR 

52.21(b)(6) and incorporated into 11 

Miss. Admin. Code Pt. 2, Ch. 5 via the 

revised IBR date of December 27, 2023. 

ii. PSD Permit Rescission Revisions 

On November 7, 2016, EPA finalized 

amendments to the Federal PSD rules at 

40 CFR 52.21(w) to remove a date 

restriction that limited the use of the 

permit rescission provision, a provision 

that allows a PSD permit to be 

cancelled, and clarified implementing 

provisions.12 Before this revision, only 

permits based on rules issued on or 

before July 30, 1987, and any PSD 

greenhouse gas permits issued as part of 

Step 2 of the Tailoring Rule could be 

rescinded. Removal of the date 

restriction allows for the rescission of 

PSD permits that are no longer needed 

issued by EPA, delegated permitting 

authorities, or by a permitting authority 

with SIP-approved NSR program that 

incorporates 40 CFR 52.21(w). This 

regulatory revision is incorporated into 

11 MAC, Part 2, Chapter 5.2 via the 

revised IBR date of December 27, 2023. 

iii. Revisions to the Guideline on Air 

Quality Models Appendix W 

On December 20, 2016, EPA finalized 

several additions and changes to its 

Guideline on Air Quality Models 

(Guideline), located at 40 CFR part 51, 

Appendix W.13 The Guideline is used 

by EPA, States, Tribes, and industry to 

prepare and review permits for new 

sources of air pollution.14 State and 

Tribal air agencies also use the 

Guideline to revise their plans detailing 

strategies for reducing emissions and 

improving air quality in State or Tribal 

Implementation Plans. EPA’s PSD 

regulations at 40 CFR 52.21(l) require 

estimates of ambient concentrations 

required for PSD to be based on the 

Guideline, and 40 CFR 51.166(l) 

requires SIP PSD programs to require 

that modeling be conducted in 

accordance with the Guideline.15

Therefore, modeling under PSD is 

required to use the December 20, 2016, 

version of the Guideline. 

This regulatory change is 

incorporated into 11 MAC, Part 2, 

Chapter 5.2 via the revised IBR date of 

December 27, 2023. 

For iSIP elements C and J to be 

approved for PSD, a SIP must include a 

PSD program that meets current Federal 

requirements. Element D(i)(II) (prong 3) 

is also approvable when a State’s 

implementation plan contains a fully 

approved and up-to-date PSD program. 

EPA’s regulations at 40 CFR 51.166(l) 

require SIP PSD provisions to require 

that modeling be conducted in 

accordance the Guideline. It is 

incorporated into EPA’s regulations, 

satisfying a requirement under the CAA 

for the EPA to specify with reasonable 

particularity models to be used in the 

PSD program. EPA promulgated the 

most current version of the Guideline on 

January 17, 2017.16 Therefore, in order 

to approve the iSIP PSD 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),17 PSD 

regulations in SIPs are required to 

reference the most current version of the 

Guideline. 

iv. Project Emissions Accounting Rule 

On November 24, 2020, EPA finalized 

revisions to the PSD applicability 

regulations concerning the 

determination of whether a modification 

at an existing stationary source 

constitutes a major modification, as 

defined in 40 CFR 52.21.18 EPA added 

an explanation of ‘‘sum of the 

differences’’ in 40 CFR 52.21(a)(2)(iv)(g) 

to clarify that this phrase includes both 

increases and decreases in emissions 

calculated for a project. EPA also stated 

in the preamble to this rule that the 

decreases considered in Step 1 do not 

have to be enforceable, though to be 

evaluated as contemporaneous 

decreases in Step 2 for future projects, 

the decreases must be enforceable per 

40 CFR 52.21(b)(3)(vi)(b). The regulatory 

change to 40 CFR 52.21 promulgated in 

the Project Emissions Accounting is 

incorporated into 11 MAC Part 2 

Chapter 5, Rule 5.2 via the revised IBR 

date of December 27, 2023. 

v. NSR Error Corrections Rule 

On June 22, 2021, EPA finalized an 

NSR Error Corrections Rule to correct 

non-substantive errors and make 

conforming changes to address the 1990 

CAA Amendments in the NSR rules.19

The final rule corrects inadvertent 

typographical and spelling errors, 

removes court vacated rule language, 

removes or updates outdated or 

incorrect cross references, and conforms 

certain provisions to changes contained 

in the 1990 CAA Amendments. The 

NSR regulations in 40 CFR parts 51 and 

52 have undergone restructuring and 

revisions over the years, and a number 

of inadvertent errors have accumulated 

during that time. The regulatory 

revision to 40 CFR 52.21 promulgated in 

the NSR Error Corrections Rule 

addressing these corrections is 

incorporated into 11 MAC Part 2 

Chapter 5, Rule 5.2 via the revised IBR 

date of December 27, 2023. 

III. EPA’s Approach to the Review of 

Infrastructure SIP Submissions 

As discussed above, whenever EPA 

promulgates a new or revised NAAQS, 

CAA section 110(a)(1) requires States to 

submit infrastructure SIPs that meet the 

various requirements of CAA section 

110(a)(2), as applicable. Due to 

ambiguity in some of the language of 

CAA section 110(a)(2), EPA believes 


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20EPA explains and elaborates on these 

ambiguities and its approach to address them in its 

2013 Guidance (available at https://www3.epa.gov/ 

airquality/urbanair/sipstatus/docs/Guidance_on_

Infrastructure_SIP_Elements_Multipollutant_

FINAL_Sept_2013.pdf), as well as in numerous 

agency actions including EPA’s prior actions on 

Mississippi infrastructure SIPs such as the action to 

address the 2012 PM2.5 NAAQS. See 81 FR 36848 

(June 8, 2016). 

21See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 

971 (9th Cir. 2018). 

22The February 28, 2024, submittal contains 

changes to other SIP-approved rules that are not 

addressed in this notice. EPA will act on those rules 

in a separate rulemaking. 

23For example, the first appearance of a State 

regulation is cited in its entirety followed by the 

citation approved by the Mississippi Administrative 

Procedures Act for use in the Mississippi 

Administrative Code (e.g., ‘‘Permit Regulations for 

the Construction and/or Operation of Air Emissions 

Equipment,’’ 11 Miss. Admin. Code Pt. 2, Ch. 2.). 

In the remainder of the regulation, citations are the 

abbreviated version (e.g., 11 Miss. Admin. Code Pt. 

2, R. 2.4.). 

that it is appropriate to interpret these 

provisions in the specific context of 

acting on infrastructure SIP 

submissions. EPA has previously 

provided comprehensive guidance on 

the application of these provisions 

through a guidance document for iSIP 

submissions and through regional 

actions on infrastructure submissions.20

Unless otherwise noted below, EPA is 

following that existing approach in 

acting on this submission. In addition, 

in the context of acting on such 

infrastructure submissions, EPA 

evaluates the submitting State’s 

implementation plan for facial 

compliance with statutory and 

regulatory requirements, not for the 

State’s implementation of its SIP.21 EPA 

has other authority to address any issues 

concerning a State’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

IV. EPA’s Analysis of Mississippi’s 

February 28, 2024, SIP Revision 

On February 28, 2024, Mississippi 

submitted a SIP revision to update 

references to 40 CFR part 51, Appendix 

W, and address the PSD and modeling 

iSIP requirements for the 2015 8-hour 

ozone NAAQS.22 The SIP revision also 

amends Mississippi’s SIP-approved PSD 

rules at 11 MAC, Part 2 Chapter 5 to 

adopt public participation e-notice 

provisions and other changes to the PSD 

rules based on an updated IBR date of 

Federal PSD regulations at 11 MAC, Part 

2 Chapter 5 from February 17, 2016, to 

December 27, 2023 for 40 CFR 52.21, as 

well as including the IBR date of 

December 27, 2023, for increment 

consumption exclusions under 40 CFR 

51.166(f). 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 to a full 

approval. Lastly, the SIP revision makes 

minor updates to Mississippi’s PSD 

regulations at Chapter 2 and Chapter 5. 

A. Changes to 11 MAC, Part 2, Chapter 

2 

The SIP-approved version of 11 MAC, 

Part 2, Chapter 2, Rule 2.5B, Modeling, 

provides at subparagraph 2.5B(1) that all 

estimates of ambient concentrations of 

air pollutants shall be based on the 

requirements specified in the 

‘‘Guideline on Air Quality Modeling, 

(Revised)’’ 40 CFR part 51, Appendix W, 

which are incorporated herein and 

adopted by reference. Rule 2.5B(1), is 

being revised to refer to the version of 

Appendix W approved in 11 MAC, Part 

2, Chapter 5. As further explained in 

section IV.B(ii) of this document, the 

incorporation of 40 CFR 52.21 is 

updated via the revised IBR date to 

include the most recent version of the 

Appendix W guidelines, which will 

ensure its use to estimate ambient 

concentrations of air pollutants in 

Mississippi. Additionally, subparagraph 

2.5B(2), is being revised to delete the 

word ‘‘Revised’’ from the first sentence 

of subparagraph 2. The February 28, 

2024, SIP submission provides 

additional changes to 11 MAC, Part 2, 

Chapter 2 to address NSR requirements, 

which will be addressed in a separate 

rulemaking. 

B. Changes to 11 MAC, Part 2, Chapter 

5 

Mississippi’s February 28, 2024, SIP 

submission, seeks to revise the State’s 

SIP-approved PSD permitting 

regulations at 11 MAC, Part 2, Chapter 

5. The revision updates the IBR date for 

40 CFR 52.21 in the Mississippi SIP at 

Chapter 5 from February 17, 2016, to 

December 27, 2023, at Rule 5.2. This 

IBR date change adopts PSD rule 

revisions EPA promulgated since the 

State’s last IBR update to Rule 5.2 and 

includes Revisions to the Guideline on 

Air Quality Models which includes the 

reference to Appendix W in 40 CFR 

52.21(l), project emissions accounting, 

PSD regulatory corrections, oil and gas 

source determinations, and 

preconstruction permit rescissions. The 

SIP revision also makes administrative 

changes to Chapter 5 including adding 

a Chapter table of contents, revising the 

State regulatory citations to ensure they 

are referenced consistently throughout 

the rule,23 and correcting grammatical 

errors. Mississippi’s February 28, 2024, 

SIP revision, also includes minor edits 

to the citation format of 40 CFR 52.21 

at Rule 5.3, Definition of term 

‘‘Administrator’’ and Rule 5.6, 

Applicability. Mississippi’s SIP revision 

does not make any regulatory or 

typographical changes at Rule 5.5— 

Transmittal of Permit Applications to 

EPA Administrator. EPA’s analysis 

below discusses the specific changes to 

Chapter 5 that EPA is proposing to 

approve. 

i. Chapter 5, Rule 5.1, Purpose of This 

Regulation 

Rule 5.1 of Chapter 5 describes the 

purpose of Mississippi’s Chapter 5 PSD 

regulations, which is to implement a 

PSD permitting program in the State as 

required by Federal regulations at 40 

CFR 51.166 and acknowledges that the 

current regulation replaces any 

previously approved changes to the 

Chapter. The February 28, 2024, SIP 

submission changes the regulation by 

removing the citations to 40 CFR 51.166 

and 52.21 because the Federal PSD 

requirements at 40 CFR 52.21 and 

51.166(f) are now addressed in 11 MAC, 

Part 2, Chapter 5, Rule 5.2, Adoption of 

Federal Rules by Reference and Rule 

5.4, Adoption of Federal Rules for 

Exclusions from Increment 

Consumption, respectively. The change 

adds a reference to 11 MAC, Part 2, 

Chapter 5 and clarifies that the newly 

revised regulation replaces and 

supersedes previously adopted versions. 

This includes removing the references 

to the date of last amendment and 

promulgation of 40 CFR 51.166 and 

52.21 since the IBR dates are more 

appropriately addressed in Rules 5.2 

and 5.4. Lastly, the change corrects a 

misspelling of the word ‘‘supersedes,’’ 

and makes minor formatting changes. 

EPA proposes to approve Mississippi’s 

February 28, 2024, amendments at 

Chapter 5, Rule 5.1 because they 

streamline the description of the 

purpose of the State’s PSD permitting 

regulations at Chapter 5 and are 

consistent with Federal PSD regulations. 

ii. Chapter 5, Rule 5.2, Adoption of 

Federal Rules by Reference 

Mississippi’s SIP revision proposes 

changes to 11 MAC, Part 2, Chapter 5, 

Regulations for the Prevention of 

Significant Deterioration, at Rule 5.2, 

Adoption of Federal Rules by Reference, 

by updating the incorporation by 

reference date for 40 CFR 52.21 from 

February 17, 2016, to December 27, 

2023, with the exception of exclusions 


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24The version of Rule 5.2 in the SIP 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)). If EPA finalizes 

this action as proposed, it will retain the text in the 

explanation column for Rule 5.2 at 40 CFR 

52.1270(c). 

25MDEQ has previously approved the use of the 

2018 EPA Memo in various projects at existing 

major stationary sources. For example, project 

emissions accounting was used to account for 

decreases due to the permanent shutdown and 

subsequent replacement of a dryer at the Tronox 

LLC, Hamilton Facility [Agency Interest No. 8587; 

Air Permit No. 1840–00035]. An air construction 

permit was issued on March 31, 2020, which 

addressed this replacement. As a result of including 

decreases from the removed dryer in Step 1 of the 

PSD analysis, the evaluation of contemporaneous 

increases and decreases was not required because 

the Step 1 changes were below the significant 

emissions rates specified in the PSD regulations. 

This proposed action is not soliciting comments on 

previous issued final PSD permits. 

26See ‘‘Reference Table of New Source Review 

Error Corrections—Final Rule,’’ Docket ID: EPA– 

HQ–OAR–2019–0435–0019, for 40 CFR 52.21 

(http://www.regulations.gov/document/EPA-HQOAR-2019-0345-0019). 

listed in Rule 5.2.24 The IBR date change 

has the effect of incorporating PSDrelated rule revisions EPA has 

promulgated since February 17, 2016, 

through December 27, 2023, discussed 

in section II.C of this document, 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 (see section IV.A discussion 

above). 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. EPA 

proposes to approve Mississippi’s 

February 28, 2024, amendments at 

Chapter 5, Rule 5.2 respecting the 

update to the current version of 

Appendix W. Specifically, Mississippi’s 

proposed changes to Chapter 2, Rule 

2.5(B) (see section IV.A of this 

document) and Chapter 5, Rule 5.2 will 

have the combined effect of 

incorporating the latest version of 

Appendix W, and, if finalized, will 

satisfy the requirements of the PSD and 

modeling elements for the 2015 8-hour 

ozone infrastructure SIP. Thus, EPA is 

proposing to find that Mississippi has 

satisfied the requirements of the PSD 

and modeling elements of section 

110(a)(2)(C), (D)(i)(II) (prong 3), (J), and 

(K) for the 2015 8-hour ozone NAAQS 

infrastructure SIP and met the 

commitment associated with the March 

1, 2023, conditional approval discussed 

in section II.A of this document and 

proposing to convert the conditional 

approval of these elements of 

Mississippi’s January 25, 2021, 

infrastructure SIP submission to a full 

approval. 

Mississippi’s IBR update also 

incorporates the 40 CFR 52.21(b)(6) 

Federal PSD updates promulgated in the 

May 12, 2016, Oil and Natural Gas 

Source Determinations Rule, which 

clarifies the meaning of the term 

‘‘adjacent’’ for purposes of evaluating 

whether onshore activities belonging to 

SIC major group 13 (Oil and Gas 

Extraction) are considered contiguous 

and adjacent with respect to 

determining the extent of the stationary 

source (see section II.C.i of this 

document). MDEQ’s February 28, 2024, 

SIP submission formally adopts EPA’s 

regulations regarding evaluating 

onshore oil and natural gas activities for 

adjacency. The meaning of ‘‘adjacency’’ 

for onshore activities is addressed in the 

definition of ‘‘building, structure, 

facility, or installation’’ term found in 

40 CFR 52.21(b)(6) and clarifies PSD 

applicability for the onshore oil and 

natural gas industry. This revision is 

adopted by reference into Mississippi’s 

PSD regulations at 11 MAC Part 2, 

Chapter. 5, Rule 5.2 through the IBR 

update. EPA proposes to approve 

Mississippi’s revision at Chapter 5, Rule 

5.2 regarding the regulatory changes at 

40 CFR 52.21(b)(6) promulgated in the 

Oil and Natural Gas Source 

Determinations Rule because it is 

consistent with the Federal PSD 

permitting regulations. 

Mississippi’s IBR update also 

incorporates PSD permitting changes at 

40 CFR 52.21(a)(2)(iv) promulgated in 

EPA’s November 24, 2020, Project 

Emissions Accounting Rule, regarding 

the PSD applicability for determining 

whether a modification at an existing 

stationary source constitutes a major 

modification, as defined in 40 CFR 

52.21. This regulatory revision was 

consistent with EPA’s interpretation of 

its pre-PEA regulations, as articulated in 

EPA guidance issued in the March 13, 

2018, EPA memorandum from E. Scott 

Pruitt to the Regional Administrators 

titled Project Emissions Accounting 

Under the New Source Review 

Preconstruction Permitting Program.25

Project emissions accounting allows 

both increases and decreases resulting 

from a project to be considered in ‘‘Step 

1’’ of the PSD applicability process. 

Specifically, the Project Emissions 

Accounting Rule finalized clarifications 

to the Step 1 provisions of the major 

modification applicability test of the 

PSD rule at 40 CFR 52.21(a)(2)(iv) that 

includes changes to 52.21(a)(2)(iv)(f), 40 

CFR 52.21(a)(2)(iv)(c), 40 CFR 

52.21(a)(2)(iv)(d) as discussed in section 

II.C.iv of this document. See 85 FR 

74890. These changes apply to projects 

that involve multiple types of emissions 

units and provide that both emission 

increases and decreases can be 

considered in Step 1 of the NSR major 

modification applicability test in the 

same manner as they are considered for 

projects that only involve existing 

emissions units or only involve new 

emissions units. These requirements 

apply when there is a ‘‘reasonable 

possibility’’ that the project could still 

result in a significant emissions 

increase. Lastly, EPA did not make the 

regulatory changes in the November 24, 

2020, final rule mandatory for adoption 

by State and local air agencies with 

approved major NSR programs, but 

Mississippi elected to adopt these 

changes through the revised IBR date of 

December 27, 2023. EPA proposes to 

approve into the Mississippi SIP 

amendments to 40 CFR 52.21(a)(2)(iv) 

promulgated in the Project Emissions 

Accounting Rule because these updates 

are consistent with the Federal PSD 

permitting regulations. 

Mississippi’s IBR update also 

incorporates PSD revisions promulgated 

in EPA’s July 19, 2021, New Source 

Review Errors Correction Rule as 

discussed above in section II.C.v which 

corrects minor, inadvertent, and nonsubstantive errors in 40 CFR parts 51 

and 52 that govern NSR permitting 

programs and updates to regulatory text. 

Specifically, EPA’s rule corrects 

inadvertent typographical and spelling 

errors, removes court vacated rule 

language, removes or updates outdated 

or incorrect cross references, and 

conforms certain provisions to changes 

contained in the 1990 CAA 

Amendments. Due to the voluminous 

number of corrections promulgated in 

EPA’s July 19, 2021, please refer to the 

‘‘Reference Table of New Source Review 

Error Corrections—Final Rule’’ 

compilation of finalized changes at 40 

CFR 52.21 in the Docket for this 

proposal action.26 EPA proposes to 

approve into the Mississippi SIP 

amendments to 40 CFR 52.21 

promulgated in the New Source Errors 

Correction Rule because these updates 

are minor updates and corrections and 

are consistent with the Federal PSD 

permitting regulations. 

Mississippi’s IBR update also 

incorporates changes to 40 CFR 52.21 

promulgated in the Permit Rescission 

Rule finalized November 7, 2016, which 


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27Specifically, EPA proposed to replace the word 

‘‘shall’’ with the word ‘‘may’’ in this provision to 

make clear that the Administrator may deny a 

permit rescission request if he or she does not 

concur with the analysis by the permit applicant 

that 40 CFR 52.21 ‘‘would not apply to the source 

or modification.’’ See 81 FR 78043. 

28Before the Permit Rescission Rule was finalized 

in 2016, only permits based on rules issued on or 

before July 30, 1987, and any PSD greenhouse gas 

permits issued as part of Step 2 of the Tailoring 

Rule could be rescinded. Removal of the date 

restriction allows for the rescission of EPA-issued 

or delegated permitting authorities-issued PSD 

permits that are no longer needed and clarifies the 

implementing provisions. See FACT SHEET 

Rescission of Preconstruction Permits Issued Under 

the Clean Air Act (https://www.epa.gov/sites/ 

default/files/2017-10/documents/permitrescission

factsheet.pdf). 

29The SIP revision does not propose any changes 

to these exclusions. 

30The selected notification method (i.e., either 

newspaper or website) is known as the ‘‘consistent 

noticing method’’ and must be used for all permits 

subject to notice under the NSR or Title V permit 

programs. EPA leaves discretion to the reviewing 

authority (i.e., MDEQ) to supplement the consistent 

noticing method with other methods. If using the 

public website as the consistent noticing method, 

the reviewing authority must also provide an 

electronic copy of the draft permit for review, in 

addition to the notice itself, and provide 

instructions regarding how to access the 

administrative record for the draft permit and 

request and/or attend a public hearing. This 

information must be made available on the public 

website for the duration of the public comment 

period. 

removes a date restriction that limited 

the use of the permit rescission 

provision (i.e., a provision that allows a 

PSD permit to be cancelled). 

Specifically, the changes to 40 CFR 

52.21 include: (1) revising 40 CFR 

52.21(w)(2) to remove the July 30, 1987, 

date restriction; (2) revising 40 CFR 

52.21(w)(3) to change the word ‘‘shall’’’ 

to ‘‘may’’ to make clear that this 

provision does not create a mandatory 

duty on the Administrator to grant a 

rescission request; 27 and (3) revising 40 

CFR 52.21(w)(1) to appropriately cross 

reference paragraph (r) and not 

paragraph (s) of EPA’s PSD 

regulations.28 This change allows for the 

rescission of PSD permits in accordance 

with the PSD criteria for permit 

rescission without the date restriction 

for PSD permits issued by EPA, 

delegated permitting authorities, or by a 

permitting authority with a SIPapproved NSR program that 

incorporates 40 CFR 52.21(w). EPA 

proposes to approve into the Mississippi 

SIP amendments to 40 CFR 52.21 

promulgated in the Permit Rescission 

Rule because these updates are 

consistent with the Federal PSD 

permitting regulations. 

Lastly, Mississippi’s February 28, 

2024, SIP revision makes administrative 

amendments to Rule 5.2 including 

removing the term ‘‘phrases’’ that are 

not incorporated, since the phrases are 

simply the section headers and not 

specific phrases used throughout the 

regulations. EPA is proposing to 

approve Mississippi’s IBR update at 

Chapter 5, Rule 5.2 adopting the version 

of 40 CFR 52.21 PSD permitting 

regulations in the Mississippi SIP as of 

December 27, 2023 (with the exception 

of exclusions established at Rule 5.2) 29

for the reasons discussed above in 

section IV.B. 

iii. Chapter 5, Rule 5.4, Adoption of 

Federal Rules for Exclusions From 

Increment Consumption 

Rule 5.4, Adoption of Federal Rules 

for Exclusions from Increment 

Consumption, adopts by reference 40 

CFR 51.166(f) (Exclusions from 

increment consumption) excluding the 

phrase ‘‘The plan may provide that’’ and 

with certain changes listed in Rule 5.4. 

The February 28, 2024, SIP revision 

incorporates into the Mississippi the 

version of 40 CFR 51.166(f) promulgated 

as of December 27, 2023. No 

amendments were promulgated for 40 

CFR 51.166(f) from the previous 

incorporation date of February 17, 2017, 

to the proposed December 27, 2023, IBR 

date. Rule 5.4 is also amended to 

remove the adoption by reference of the 

public participation requirements in 40 

CFR 51.166(q) because the State is 

adopting public participation provisions 

in Rule 5.7. Additionally, Rule 5.4 adds 

a clarification for when the term 

‘‘Administrator,’’ in the adopted text at 

40 CFR 51.166(f), should mean the 

Mississippi Environmental Quality 

Permit Board and when the term should 

continue to refer to the EPA 

Administrator. Prior to the changes 

provided in the February 28, 2024, SIP 

submission, the term continued to refer 

to the EPA Administrator at 40 CFR 

51.166 (f)(1)(v), (f)(4), and (q)(2)(iv) 

only; however, the current changes 

remove (q)(2)(iv) from inclusion at Rule 

5.4 since the adoption of 40 CFR 

51.166(q) was removed from Rule 5.4. 

Additionally, Rule 5.4 C, D, and E, 

which define other phrases in 

51.166(q)(l) and (q)(2), including, 

‘‘specified time period,’’ ‘‘reviewing 

authority,’’ and ‘‘one year’’ have also 

been removed because the phrases are 

simply the section headers and not 

specific phrases used throughout the 

regulations. EPA is proposing to 

approve Mississippi’s February 28, 

2024, amendments to 11 MAC Part 2, 

Chapter. 5, Rule 5.4 because they are 

consistent with EPA’s PSD permitting 

regulations. 

iv. Chapter 5, Rule 5.7, Public 

Participation 

Mississippi’s February 28, 2024, SIP 

revision adds new Rule 5.7, Public 

Participation, to 11 MAC, Part 2, 

Chapter 5. MDEQ had previously 

incorporated by reference the public 

participation requirements of 40 CFR 

51.166(q) in Rule 5.4. However, 

Mississippi removed the IBR of 40 CFR 

51.166(q) public participation 

regulations from Rule 5.4 as part the 

February 28, 2024, SIP submission (see 

section IV.B.iii of this document) and 

instead set out the public participation 

regulations as a new Rule 5.7. The new 

Rule 5.7 adds provisions established in 

EPA’s October 5, 2016, Public 

Participation Rule, which removed the 

mandatory requirement to provide 

public notice of a draft permit through 

publication in a newspaper and, 

instead, allow for electronic notice (enotice) of permitting actions via a public 

website identified by the reviewing 

authority.30 Thus, Mississippi’s new 

Rule 5.7 meets the PSD permitting 

public participation requirements at 40 

CFR 51.166(q), including the allowance 

for e-notice of draft PSD permitting 

actions via a public website to 

streamline the notification process for 

draft permits and establish greater 

transparency and public engagement for 

the regulated community and general 

public in Mississippi. 

Rule 5.7 requires e-notice on the 

MDEQ website, replacing the previous 

requirement for newspaper publication. 

This change aligns with the Federal 

regulations specified in 40 CFR 

51.166(q), which permit electronic 

notification as an acceptable alternative 

to newspaper publication. EPA’s 2016 

Public Participation Rule amended a 

portion of the PSD Federal regulations 

at 51.166(q)(2)(ii), (iii), (vi), and (viii) to 

implement the shift from mandatory 

newspaper noticing to e-notice for PSD 

permits. Mississippi’s Rule 5.7 meets 

the public participation requirements 

from 40 CFR 51.166(q) in their entirety 

which includes the e-notice 

amendments promulgated in the Public 

Participation Rule. Specifically, Rule 

5.7 establishes subparagraphs (A) and 

(B) which are equivalent to the public 

participation regulations at 40 CFR 

51.166(q)(1) and (2)(i) through (viii) (i.e., 

Federal public participation regulations 

that were previously incorporated by 

reference at Rule 5.4). Additionally, 

Rules 5.7(B)1, (B)2, (B)3, (B)6, and (B)8 

also include those changes at 40 CFR 

51.166(q)2(ii), (iii), (vi), and (viii) that 

were promulgated in EPA’s 2016 Public 

Participation Rule respecting (i.e., 

removal of the mandatory requirement 


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31Rule 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)). If EPA 

finalizes this action as proposed, it will retain the 

text in the explanation column for Rule 5.2 at 40 

CFR 52.1270(c). 

to provide public notice of a draft 

permit (and certain other program 

actions) through publication in a 

newspaper and to instead allow for 

electronic noticing (‘‘e-notice’’). Rules 

5.7(A), 5.7(B)4, (B)5, and (B)7 set out the 

equivalent 40 CFR 51.166(q)(2)(i), (iv), 

(v), and (vii) public participation 

regulations that were previously IBR at 

Rule 5.4 but were not amended in EPA’s 

Public Participation Rule. Below 

provides a description of the public 

participation requirements in Rule 5.7: 

• Rule 5.7(A) sets out the 

requirements of 40 CFR 51.166(q)(1) and 

identifies MDEQ (‘‘the Department’’) as 

the reviewing authority. The rule 

requires Mississippi to inform 

applicants of the completeness of their 

application within a 30-day timeframe 

indicating either its completeness or any 

deficiencies. The rule also provides that, 

in case of deficiencies, the application’s 

receipt date shall be deemed as the day 

when all requisite information was 

received by the Department. 

Mississippi’s February 28, 2024, SIP 

revision simply moves the previously 

incorporated version of 40 CFR 

51.166(q)(1) in Rule 5.4 to Rule 5.7(A). 

• Rule 5.7(B) sets out the 

requirements of 40 CFR 51.166(q)(2) to 

review and process complete 

applications within 150 days of 

receiving a complete permit application. 

Æ Rule 5.7(B)1 sets out the 

requirements of 40 CFR 51.166(q)(2)(i) 

that the Department shall make a 

preliminary determination whether 

construction should be approved, 

approved with conditions, or 

disapproved. 

Æ Rule 5.7(B)2 sets out the 

requirements of 40 CFR 51.166(q)(2)(ii) 

to make available in at least one location 

in each region in which the proposed 

source would be constructed, a copy of 

related permit materials such as the 

application and summary 

documentation used to make 

preliminary determinations and allows 

the option to provide said materials on 

the Department’s website in lieu of a 

physical location. 

Æ Rule 5.7(B)3 sets out requirements 

of 40 CFR 51.166(q)(2)(iii) and 

establishes the Department’s website as 

the consistent noticing method rather 

than a newspaper of general circulation. 

The public notice, draft permit, and 

information on accessing the 

administrative record and requesting 

and/or attending a public hearing, 

which is contained in the public notice 

document, will be available on the 

MDEQ website for the duration of the 

public comment period. Mississippi 

will publish notices on the 

Department’s website, allowing for at 

least 30 days for public comment, and 

may, when it deems appropriate, 

supplement the e-notice with other 

noticing methods for individual 

permits. 

Æ Rule 5.7(B)4 sets out the 

requirements of 40 CFR 51.166(q)(2)(iv) 

establishing requirements for the 

reviewing authority to send a copy of 

the public notice to the applicant, the 

EPA Administrator, and other interested 

officials and agencies. This also 

includes State or local air pollution 

control agencies, city and county chief 

executives, regional land use planning 

agencies, and any Federal land manager 

or Indian governing body potentially 

affected by emissions from the source or 

modification. Mississippi’s February 28, 

2024, SIP revision simply moves the 

previously incorporated version of 40 

CFR 51.166(q)(2)(iv) in Rule 5.4 to Rule 

5.7B(4). 

Æ Rule 5.7(B)5 sets out the 

requirements of 40 CFR 51.166(q)(2)(vi) 

providing an opportunity for a public 

hearing where interested individuals 

can present written or oral comments on 

the air quality impact of the proposed 

source, alternatives to it, required 

control technology, and other 

appropriate considerations. The SIP 

revision moves the previously 

incorporated version of 40 CFR 

51.166(q)(1) in Rule 5.4 to Rule 5.7B(5). 

Æ Rule 5.7(B)6 sets out the 

requirements of 40 CFR 51.166(q)(2)(vi) 

and requires MDEQ to make available 

for public inspection, public comments 

received at a public hearing or during 

the comment period on the MDEQ 

website, rather than at a physical 

location. Specifically, the Department is 

required to consider all written 

comments submitted within the 

specified time frame mentioned in the 

public notice, as well as any comments 

received during public hearings when 

making the final decision on the 

applications approval. All comments 

will be made available for public 

inspection at the same location or 

website where preconstruction 

information was provided. 

Æ Rule 5.7(B)7 sets out the 

requirements at 51.166(q)(2)(vii) that the 

Department shall make a final 

determination on whether construction 

should be approved, approved with 

conditions, or disapproved after making 

a preliminary determination under 

subparagraph B(1). Mississippi’s 

February 28, 2024, SIP revision simply 

moves the previously incorporated 

version of 40 CFR 51.166(q)(2)(vii) in 

Rule 5.4. to Rule 5.7(B)7. 

Æ Rule 5.7(B)8 sets out the 

requirements of 40 CFR 

51.166(q)(2)(viii) and requires MDEQ to 

make the final determination on 

whether construction should be 

approved, approved with conditions, or 

disapproved, available at the same 

location or on the same MDEQ website 

MDEQ used for preconstruction 

information and public comments. 

Specifically, the Department shall notify 

the applicant in writing of the final 

determination and ensure that this 

notification is accessible for public 

inspection at the same location or 

website where the Department made 

available preconstruction information 

and public comments relating to the 

proposed source or modification. 

Mississippi’s February 28, 2024, SIP 

revision sets out at Rule 5.7 the 

requirements for PSD public 

participation from 40 CFR 51.166(q) as 

amended on October 5, 2016, which 

includes those changes promulgated in 

the Public Participation Rule. As 

discussed above, Mississippi’s February 

28, 2024, SIP revision removes the IBR 

of the PSD public participation 

requirements at 40 CFR 51.166(q) and 

instead sets out these Federal 

requirements at Rule 5.7 which includes 

the amendments promulgated in EPA’s 

2016 Public Participation Rule. EPA is 

proposing to approve Mississippi’s 

February 28, 2024, SIP submission 

because the SIP revision is consistent 

with the PSD public participation 

regulations at 40 CFR 51.166(q). 

Based on EPA’s analysis of the 

proposed aforementioned revisions to 

Mississippi’s PSD permitting 

regulations at 11 MAC Part 2, Chapter 

5, EPA is proposing to approve these 

changes because the revisions are 

consistent with the CAA and the PSD 

program requirements of 40 CFR 51.166 

and 52.21. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, and as 

discussed in section IV of this preamble, 

EPA is proposing to incorporate by 

reference Mississippi Rules 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; 31 Rule 5.3, 

Definition of term ‘‘Administrator’’; 

Rule 5.4, Adoption of Federal Rules for 


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Exclusions from Increment 

Consumption; Rule 5.6, Applicability; 

and Rule 5.7, Public Participation, all of 

which are State effective on February 

22, 2024. 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). 

VI. Proposed Action 

EPA is proposing to approve 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. In addition, EPA is 

proposing 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. 

VII. 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 proposed 

action merely proposes to approve 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 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 proposed rule 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, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (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.’’ 

MDEQ 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 proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving EJ for 

communities with EJ concerns. 

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. 

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

Dated: September 11, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2024–21007 Filed 9–13–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0301; FRL–10191– 

03–R3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Regional Haze State 

Implementation Plan for the Second 

Implementation Period; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA) is extending the comment 

period for a proposed rule that 

published August 19, 2024. The current 

comment period for the proposed rule 

was scheduled to close on September 

18, 2024. The EPA is extending the 

comment period for the proposed action 

to September 23, 2024. 

DATES: The comment period for the 

proposed rule published on August 19, 

2024, at 89 FR 67018 is extended. 

Comments must be received on or 

before September 23, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2023–0301 at 

www.regulations.gov. Additional 

instructions to comment can be found in 

the notice of proposed rulemaking 

published August 19, 2024, at 89 FR 

67018. 

FOR FURTHER INFORMATION CONTACT: 

Adam Yarina, U.S. Environmental 

Protection Agency, Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, Four Penn Center, 


lotter on DSK11XQN23PROD with PROPOSALS1