Federal Register / Vol. 89, No. 211 / Thursday, October 31, 2024 / Rules and Regulations 86751 

TABLE 1 TO § 374.6—Continued 

Addressee Address 

Attorney General ............................. United States Department of Justice, Tenth and Pennsylvania Avenues NW, Washington, DC 20530. 

PART 707—CHEMICAL IMPORTS AND 

EXPORTS 

■ 26. The authority citation for part 707 

continues to read as follows: 

Authority: 15 U.S.C. 2611(b) and 2612. 

Subpart B—General Import 

Requirements and Restrictions 

■ 27. Section 707.20 is amended by 

revising and republishing paragraph 

(c)(2)(ii) to read as follows: 

§ 707.20 Chemical substances import 

policy. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) When EPA determines that a 

shipment should be detained, EPA will 

identify the reasons for the detention 

and the necessary actions for an 

importer to bring the shipment into 

compliance with TSCA. If EPA has 

given this information to Customs 

before the district director issues the 

detention notice, the information will 

become part of the detention notice. The 

importer should contact one of the 

following EPA regional offices for 

guidance as to the proper procedures to 

correct any deficiencies in the 

shipment. 

TABLE 1 TO PARAGRAPH (c)(2)(ii) 

Region Address 

I .................... 5 Post Office Square—Suite 100, Boston, MA 02109–3912 (617–918–1700). 

II ................... 26 Federal Plaza, New York, NY 10278 (201–321–6669). 

III .................. Curtis Building, 6th and Walnut Streets, Philadelphia, PA 19106 (215–597–7668). 

IV .................. 61 Forsyth Street SW, Atlanta, Georgia 30303–8960 (404–562–9900). 

V ................... 77 West Jackson Boulevard, Chicago, IL 60604 (312–353–2291). 

VI .................. 1201 Elm Street, Suite 500, Dallas, Texas 75270–2102 (214–665–2760). 

VII ................. 11201 Renner Boulevard, AWMD/WEMM, Lenexa, Kansas 66219. 

VIII ................ 1860 Lincoln Street, Denver, CO 80295 (303–837–3926). 

IX .................. 75 Hawthorne Street, San Francisco, CA 94105 (415) 947–4402. 

X ................... 1200 Sixth Avenue, Seattle, WA 98101 (206–442–2871). 

* * * * * 

PART 763—ASBESTOS 

■ 28. The authority citation for part 763 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607(c), 2643, 

and 2646. 

■ 29. Appendix C to subpart E is 

amended under section II.C.3 by 

revising the listing for ‘‘EPA, Region IV’’ 

to read as follows: 

Appendix C to Subpart E of Part 763— 

Asbestos Model Accreditation Plan 

* * * * * 

II. * * * 

C. * * * 

3. * * * 

EPA, Region IV, Asbestos 

Coordinator, 61 Forsyth Street SW, 

Atlanta, Georgia 30303–8960, (404) 562– 

9900. 

* * * * * 

■ 30. Appendix D to subpart E is 

amended by revising the listing for 

‘‘Region IV’’ to read as follows: 

Appendix D to Subpart E of Part 763— 

Transport and Disposal of Asbestos 

Waste 

* * * * * 

Region IV 

Asbestos NESHAPs Contact, 

Enforcement and Compliance Assurance 

Division, USEPA, Region IV, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960, 

(404) 562–9900. 

* * * * * 

[FR Doc. 2024–25014 Filed 10–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2024–0186; FRL–12250– 

02–R4] 

Air Plan Approval; Mississippi; PSD 

and Air Quality Modeling Infrastructure 

Requirements for the 2015 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submission 

provided by the State of Mississippi, 

through the Mississippi Department of 

Environmental Quality (MDEQ), via a 

letter dated February 28, 2024. 

Specifically, EPA is finalizing approval 

of updates to the incorporation by 

reference of Federal prevention of 

significant deterioration (PSD) rules in 

the Mississippi SIP. EPA is also 

converting the previous conditional 

approval of Mississippi’s infrastructure 

SIP PSD and air quality modeling 

provisions for the 2015 Ozone National 

Ambient Air Quality Standards 

(NAAQS) to a full approval. EPA is also 

approving changes to public notice 

provisions for PSD permitting to 

provide for electronic notice (e-notice) 

and to remove the mandatory 

requirement to provide public notice in 

a newspaper, and other minor changes 

to the PSD rules. EPA is finalizing 

approval of these changes pursuant to 

the Clean Air Act (CAA or Act). 

DATES: This rule is effective December 2, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2024–0186. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 


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1The update to air quality modeling from the 

updated IBR date in 11 MAC, Part 2, Chapter 5, 

Rule 5.2, also updates modeling requirements at 11 

MAC, Part 2, Chapter 2, Rule 2.5 because this Rule 

cross-references Rule 5.2 for purposes of air quality 

modeling. 

2See 81 FR 71613. 

3On October 1, 2015, EPA promulgated a revised 

primary and secondary NAAQS for ozone, revising 

the 8-hour ozone standards from 0.075 parts per 

million (ppm) to a new more protective level of 

0.070 ppm. See 80 FR 65292 (October 26, 2015). 

Pursuant to section 110(a)(1) of the CAA, states are 

required to submit SIP revisions meeting the 

applicable requirements of section 110(a)(2) within 

three years after promulgation of a new or revised 

NAAQS or within such shorter period as EPA may 

prescribe. Section 110(a)(2) requires states to 

address basic SIP elements such as requirements for 

monitoring, basic program requirements, and legal 

authority that are designed to assure attainment and 

maintenance of the NAAQS. This particular type of 

SIP is commonly referred to as an ‘‘infrastructure 

SIP’’ or ‘‘iSIP.’’ States were required to submit such 

SIP revisions for the 2015 8-hour ozone NAAQS to 

EPA no later than October 1, 2018. 

4Mississippi submitted two SIP submissions on 

September 6, 2019, and January 25, 2021, to address 

their 110(a)(1) and (2) infrastructure obligations for 

the 2015 ozone standard. Through previous 

rulemakings, EPA approved most of the iSIP 

elements for the 2015 ozone NAAQS. See 87 FR 

57832 (September 22, 2022), and 88 FR 9336 

(February 13, 2023). On March 1, 2023, EPA 

finalized the conditional approval for the PSD 

infrastructure elements (i.e., section 110(a)(2)(C), 

(D)(i)(II) (prong 3) and (J)), and the air quality 

modeling element of section 110(a)(2)(K), portion of 

the January 25, 2021, infrastructure SIP submission, 

as supplemented on November 18, 2022. 

The March 1, 2023, conditional approval of the 

PSD and air quality modeling iSIP provisions 

established a requirement for Mississippi to submit 

a final SIP submission that addresses the terms of 

the conditional approval commitment one year after 

EPA’s conditional approval of these portions of 

Mississippi’s ozone iSIP or March 1, 2024. 

Accordingly, on February 28, 2024, Mississippi 

submitted a final SIP revision in response to the 

conditional approval commitment to address the 

outdated references to the federal guideline on air 

quality modeling, by revising Chapter 2 and 

Chapter 5 to require the use of the current version 

of 40 CFR part 51, Appendix W (Guideline on Air 

Quality Models). 

6The IBR date change has the effect of 

incorporating PSD-related rule revisions EPA has 

promulgated since February 17, 2016, through 

December 27, 2023, which ensures that the most 

recent version of Appendix W will be used when 

considering air quality modeling for PSD purposes 

in Mississippi. Mississippi’s February 28, 2024, SIP 

revision also revises 11 MAC, Part 2, Chapter 2, 

Rule 2.5(B) to reference the version of Appendix W 

approved in Chapter 5. Thus, by cross-referencing 

11 MAC, Part 2, Chapter 5 for purposes of modeling 

ambient concentrations of air pollutants in 11 MAC, 

Part 2, Chapter 2, Rule 2.5(B), the State’s regulation 

ensures that any required modeling of ambient air 

quality will use the most recent guidelines at 

Appendix W. 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW, Atlanta, Georgia 30303– 

8960. The telephone number is (404) 

562–8085. Mr. Ortiz Borrero can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is approving changes to 

Mississippi’s SIP submitted by the State 

on February 28, 2024. The changes 

include revising the State’s new source 

review (NSR) permitting regulations at 

11 Mississippi Administrative Code 

(MAC), Part 2, Chapter 2, Permit 

Regulations for the Construction and/or 

Operation of Air Emissions Equipment 

(Chapter 2) and PSD permitting 

regulations at 11 MAC, Part 2, Chapter 

5, Regulations for the Prevention of 

Significant Deterioration of Air Quality 

(Chapter 5) to adopt relevant federal 

permitting regulations into the SIP. The 

PSD permitting changes at Chapter 5 

amend MDEQ’s incorporate by reference 

(IBR) date of the federal PSD regulations 

at 40 CFR 51.166(f) and 40 CFR 52.21 

to December 27, 2023. EPA’s approval of 

the December 27, 2023, IBR date at 

Chapter 5, Rule 5.2 adopts into the SIP 

changes to 40 CFR 52.21 that EPA 

promulgated in several rulemakings 

since Mississippi’s last IBR update of 

February 17, 2016. These rulemakings 

include: ‘‘Source Determination for 

Certain Emission Units in the Oil and 

Natural Gas Sector’’ 81 FR 35622 (June 

3, 2016); ‘‘Rescission of Preconstruction 

Permits Issued under the Clean Air Act’’ 

81 FR 78043 (November 7, 2016); 

‘‘Revisions to the Guideline on Air 

Quality Models: Enhancements to the 

AERMOD Dispersion Modeling System 

and Incorporation of Approaches to 

Address Ozone and Fine Particulate 

Matter’’ 82 FR 5182 (January 17, 2017) 1

at; ‘‘Prevention of Significant 

Deterioration (PSD) and Nonattainment 

New Source Review (NNSR): Project 

Emissions Accounting’’ 85 FR 74890 

(November 24, 2020); and ‘‘New Source 

Review Errors Correction’’ 86 FR 37918 

(July 19, 2021). The SIP revision also 

amends Mississippi’s SIP-approved PSD 

rules to adopt public participation enotice provisions consistent with EPA’s 

October 5, 2016, rule ‘‘Revisions to 

Public Notice Provisions in Clean Air 

Act Permitting Programs’’.2 The 

modeling updates at Chapter 2 and 5 

respecting references to Appendix W in 

40 CFR 52.21(l) support the state’s 

request to convert EPA’s March 1, 2023, 

conditional approval of the PSD 

requirements of elements 110(a)(2)(C), 

(D)(i)(II) (Prong 3), and (J), and the air 

quality modeling element under section 

110(a)(2)(K), of Mississippi’s 2015 8- 

hour ozone NAAQS infrastructure SIP 

(iSIP) 3 to a full approval.4 The SIP 

revision also includes minor changes to 

Mississippi’s PSD regulations at Chapter 

2 5 and Chapter 5. The February 28, 

2024, SIP submission provides 

additional changes to 11 MAC, Part 2, 

Chapter 2 to address NSR requirements, 

as well as minor grammatical errors 

which will be addressed in a separate 

rulemaking. 

Through a notice of proposed 

rulemaking (NPRM) published on 

September 16, 2024 (89 FR 75517), EPA 

proposed to approve the changes to 11 

MAC Part 2, Chapter 2, Rules 2.5B(1) 

and B(2), Application Review; 11 MAC, 

Part 2, Chapter 5, Rule 5.1, Purpose of 

this regulation; Rule 5.2, Adoption of 

Federal Rules by Reference; Rule 5.3, 

Definition of term ‘‘Administrator’’; 

Rule 5.4, Adoption of Federal Rules for 

Exclusions from Increment 

Consumption; Rule 5.6 Applicability; 

and Rule 5.7, Public Participation into 

Mississippi’s SIP and to convert the 

conditional approval of the portions of 

the 2015 8-hour ozone NAAQS iSIP that 

address the PSD related requirements of 

CAA sections 110(a)(2)(C), 

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

110(a)(2)(J), and the modeling 

requirements of 110(a)(2)(K) to a full 

approval.6 The contents of Mississippi’s 

submission, EPA’s rationale for 

approving the changes, and EPA’s 

rationale for converting the conditional 

approval action to full approval, are 

described in more detail in the 

September 16, 2024, NPRM. Comments 

on the September 16, 2024, NPRM were 

due on or before October 16, 2024. EPA 

received one comment on the 

September 16, 2024, NPRM. The 

comment is available in the docket for 

this action. 

II. Response to Comments 

EPA received one comment on the 

August 16, 2024, NPRM. EPA has 


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7The federal rules at 40 CFR 52.21 implement 

PSD requirements for PSD programs administered 

by EPA and states with delegated authority. The 

requirements for state PSD programs in SIPs at 

found at 40 CFR 51.166. 

8Except for Rules 2.5(A) and 2.5(C) through (E) 

which have a state effective date of 7/25/2013, 

Mississippi’s February 28, 2024, SIP submission 

provides additional changes to 11 MAC, Part 2, 

Chapter 2 to address NSR requirements, as well as 

minor grammatical errors which will be addressed 

in a separate rulemaking. 

9Rule 5.2 does not incorporate by reference the 

provisions at 52.21(b)(2)(v) and (b)(3)(iii)(c) that 

were stayed indefinitely by the Fugitive Emissions 

Interim Rule (76 FR 17548 (March 30, 2011)). EPA 

will retain the text in the explanation column for 

Rule 5.2 at 40 CFR 52.1270(c). 

10Rules 5.3 through 5.6 were previously 

approved into the SIP but were inadvertently not 

added to the CFR table at 40 CFR 52.1270(c). This 

action corrects this oversight. Rule 5.5 was not 

changed through this SIP revision, so the table entry 

will reflect the state effective date of the version 

incorporated into the SIP. 

11See 62 FR 27968 (May 22, 1997). 

summarized and responded to the 

comment below. 

Comment: The Commenter expressed 

support for the proposed changes to 

Mississippi’s SIP-approved PSD 

permitting program to align with federal 

air pollution control guidelines, 

specifically those in Appendix W. The 

Commenter emphasized the importance 

of using the best tools available to 

monitor air quality and reduce 

pollutants like ozone. However, the 

Commenter expressed concerns about 

the potential financial strain these 

changes might impose on smaller 

business. The Commenter suggested that 

measures such as extending deadlines 

or providing financial support could 

help these businesses so they can 

comply without struggling. 

Response: EPA appreciates the 

Commenter’s support for this action. 

The Commenter also raised concerns 

about the potential burden the changes 

may place on smaller businesses, 

suggesting additional time for 

compliance or financial support so they 

can follow the rules without struggling. 

Due to the general nature of the 

Commenter’s requests and suggestions, 

EPA is only able to provide general 

responses. 

While EPA sets the NAAQS, states 

play a primary role in implementation. 

The CAA establishes a system of 

cooperative federalism that sets specific 

roles for EPA and the states. In this 

system, EPA provides national 

leadership and sets national standards 

for environmental protection, such as 

the NAAQS. Under CAA section 110, 

states have broad discretion to choose 

the mix of emission limitations and 

other control measures, means, or 

techniques that they will implement (or 

update) through a SIP to provide for 

attainment and maintenance of the 

NAAQS. EPA’s role, with respect to a 

SIP revision, is focused on reviewing 

the submission to determine whether it 

meets the minimum criteria of the CAA, 

including a requirement to adopt a PSD 

program. Where a SIP revision meets the 

minimum CAA criteria, EPA must 

approve the submission. When 

approving a SIP revision, the Agency is 

not establishing its own requirements 

for the state to implement. 

Regarding the Commenter’s 

suggestion to allow small businesses 

additional time to meet the rules, as 

explained above, EPA’s role is focused 

on reviewing the submission to 

determine whether it meets the 

minimum criteria of the CAA and must 

approve submissions that do. As such, 

EPA cannot unilaterally adopt a 

different deadline for compliance with 

the State’s PSD rules if they conform to 

the CAA requirements. As explained 

above and in the NPRM, Mississippi is 

updating its incorporation date for the 

federal PSD rules at 40 CFR 52.21 from 

February 17, 2016, to December 27, 

2023.7 The changes to the State’s SIP are 

consistent with changes to the federal 

PSD rules that occurred between 

February 17, 2016, and December 27, 

2023, and therefore conform to CAA 

PSD regulations. 

The Commenter states that small 

businesses might have a hard time 

paying for the changes needed to follow 

these new rules, and suggests helping 

these businesses by offering financial 

support so they can follow the rules 

without struggling. As noted above, the 

CAA delegates to states the primary role 

in implementation through SIPs to 

attain and maintain each NAAQS. EPA 

appreciates the concerns the Commenter 

expressed regarding compliance by 

smaller businesses. EPA notes that the 

changes to Mississippi’s PSD program 

do not change the universe of sources 

subject to preconstruction review under 

the program. EPA also notes that the 

PSD regulations have required the use of 

Appendix W modeling guidelines for 

decades, and that the Agency 

emphasized that air quality modeling 

should utilize the most advanced 

practical technology that is available at 

a reasonable cost to users when 

adopting the 2017 revisions to 

Appendix W. See 82 FR 5182, 5185 

(January 17, 2017). 

Therefore, while EPA has considered 

this feedback on the proposed rule, EPA 

has determined that the proposed SIP 

revision is consistent with the 

requirements of the CAA and is not 

altering its decision to proceed with the 

finalization of this action. Consequently, 

EPA is approving this revision to the 

Mississippi’s SIP. 

III. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, and as discussed in Section I of 

this preamble, EPA is finalizing the 

incorporation by reference of 

Mississippi Rules 11 MAC, Part 2, 

Chapter 2, Rules 2.5B(1) and B(2), 

Application Review; 8 11 MAC, Part 2, 

Chapter 5, Rule 5.1, Purpose of this 

regulation; Rule 5.2, Adoption of 

Federal Rules by Reference; 9 Rule 5.3, 

Definition of term ‘‘Administrator’’; 

Rule 5.4, Adoption of Federal Rules for 

Exclusions from Increment 

Consumption; Rule 5.6, Applicability; 

and Rule 5.7, Public Participation, all of 

which are State effective on March 24, 

2024.10 EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the ‘‘For Further 

Information Contact’’ section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.11

IV. Final Action 

EPA is approving the aforementioned 

changes to 11 MAC Part 2, Chapter 2, 

Rule 2.5B(1) and B(2), Application 

Review; 11 MAC, Part 2, Chapter 5, Rule 

5.1, Purpose of this regulation; Rule 5.2, 

Adoption of Federal Rules by Reference; 

Rule 5.3, Definition of term 

‘‘Administrator’’; Rule 5.4, Adoption of 

Federal Rules for Exclusions from 

Increment Consumption; Rule 5.6, 

Applicability; and Rule 5.7, Public 

Participation. EPA is approving these 

changes because they are consistent 

with EPA’s federal PSD permitting 

regulations and the CAA. In addition, 

EPA is converting the conditional 

approval portions of the 2015 8-hour 

ozone NAAQS iSIP that address the PSD 

related requirements of CAA sections 

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

and 110(a)(2)(J), and the modeling 

requirements of 110(a)(2)(K) to a full 

approval. 


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V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rulemaking does not 

have Tribal implications and will not 

impose substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Mississippi did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

communities with EJ concerns. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 30, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: October 24, 2024. 

Jeaneanne Gettle, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Z—Mississippi 

■ 2. In § 52.1270(c), Table 1 to 

Paragraph (c) is amended: 

■ a. Under the heading ‘‘11 MAC Part 

2—Chapter 2 Permit Regulations for the 

Construction and/or Operation of Air 

Emissions Equipment’’ by revising the 

entry for ‘‘Rule 2.5’’, 

■ b. Under the heading ‘‘11 MAC Part 

2—Chapter 5 Regulations for the 

Prevention of Significant Deterioration 

of Air Quality’’ by revising the entries 

for ‘‘Rule 5.1’’ and ‘‘Rule 5.2’’, and 

adding entries for ‘‘Rule 5.3’’, ‘‘Rule 

5.4’’, ‘‘Rule 5.5’’, ‘‘Rule 5.6’’, and ‘‘Rule 

5.7’’. 

The revisions and additions read as 

follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 


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TABLE 1 TO PARAGRAPH (C)—EPA-APPROVED MISSISSIPPI LAWS AND REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

11 MAC Part 2—Chapter 2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment 

*******

Rule 2.5 .......................... Application Review ....... 3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Except for Rule 2.5(A) and 2.5(C) through (E) 

which have a state effective date of 7/25/2013. 

* * * * * * * 

11 MAC Part 2—Chapter 5 Regulations for the Prevention of Significant Deterioration of Air Quality 

Rule 5.1 .......................... Purpose of this regulation.3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.2 .......................... Adoption of Federal 

Rules by Reference.

3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

The version of Rule 5.2 in the SIP does not incorporate the provisions at § 52.21(b)(2)(v) 

and (b)(3)(iii)(c) that were stayed indefinitely 

by the Fugitive Emissions Interim Rule (published in the Federal Register March 30, 

2011). 

Rule 5.3 .......................... Definition of term ‘‘Administrator’’.3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.4 .......................... Adoption of Federal 

Rules for Exclusions 

from Increment Consumption.

3/24/2024 10/30/2024, [Insert first 

page of Federal Register citation].

Rule 5.5 .......................... Transmittal of Permit 

Applications to EPA 

Administrator.

7/25/2013 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.6 .......................... Applicability ................... 3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

Rule 5.7 .......................... Public Participation ....... 3/24/2024 10/31/2024, [Insert first 

page of Federal Register citation].

* * * * * 

§ 52.1276 [Removed and Reserved] 

■ 3. Remove and reserve § 52.1276. 

[FR Doc. 2024–25243 Filed 10–30–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0466; FRL–12179– 

02–R4] 

Air Plan Approval; Forsyth County, 

North Carolina; Removal of Excess 

Emissions Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the North Carolina 

Division of Air Quality (NCDAQ) on 

behalf of the Forsyth County Office of 

Environmental Assistance and 

Protection (FCEAP or Forsyth County) 

on November 28, 2022. The revision 

was submitted in response to a finding 

of substantial inadequacy and SIP call 

published on June 12, 2015, concerning 

excess emissions during startup, 

shutdown, and malfunction (SSM) 

events. EPA is approving the SIP 

revision in accordance with 

requirements for SIP provisions under 

the Clean Air Act (CAA or Act) and 

finds that such SIP revision corrects the 

deficiencies identified in the Forsyth 

County portion of the North Carolina 

SIP in the June 12, 2015, SIP Call. EPA 

is also approving minor and 

administrative changes to certain 

regulatory provisions that have been 

revised by the local agency since EPA’s 

last approval of those provisions. 

DATES: This rule is effective December 2, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2023–0466. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Multi-Air Pollutant Coordination 


lotter on DSK11XQN23PROD with RULES1