[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Rules and Regulations]
[Pages 22287-22289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11050]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MS-19-1-6758a; FRL-5195-1]


Mississippi: Revisions to Prevention of Significant Deterioration 
of Air Quality Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the State Implementation Plan 
(SIP) to include modifications of the state prevention of significant 
deterioration (PSD) of air quality regulation to update the adoption by 
reference in Regulation APC-S-5, of the amendments and revisions to the 
Federal regulations promulgated in 40 CFR 52.21 and 51.166 as of the 
date of adoption of this revision. This plan revision provides for 
inclusion of particulate matter increment requirements measured as 
PM<INF>10 (particulate matter with an aerodynamic diameter less than or 
equal to a nominal ten micrometers) and incorporation of revisions to 
the Guideline on Air Quality Models (including Supplement B) as 
promulgated by EPA in 40 CFR 51.166(l) and 40 CFR part 51, appendix W. 
This plan revision further provides for inclusion of amendments and 
revisions to definitions and any other sections of 40 CFR 52.21 and 
51.166 as promulgated by EPA. The revision and associated regulation 
amendments were adopted on December 9, 1993, by the Mississippi 
Commission on Environmental Quality and became state effective on 
January 9, 1994.

DATES: This action will be effective July 5, 1995 unless adverse or 
critical comments are received by June 5, 1995. If the effective date 
is delayed, timely notice will be published in the Federal Register.

 [[Page 22288]] ADDRESSES: Written comments should be addressed to 
Kimberly Bingham at EPA Region 4 address listed below. Copies of the 
material submitted by the State of Mississippi may be examined during 
normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
Mississippi Department of Environmental Quality, P.O. Box 10385, 
Jackson, Mississippi 39289-0385.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555 ext. 
4195.

SUPPLEMENTARY INFORMATION: On January 26, 1994, the State of 
Mississippi through the Department of Environmental Quality, submitted 
a SIP revision.
    The SIP, which was adopted on December 9, 1993, and became State 
effective on January 9, 1994, updates the adoption by reference in 
Regulation APC-S-5 of the Federal regulations for PSD of air quality as 
promulgated in 40 CFR 52.21 and 52.166 as of December 9, 1993. Changes 
were made to paragraphs one and two of Regulation APC-S-5, which 
updated the promulgation date to December 9, 1993, and deleted the 
phrase ``the date of adoption of this regulation'' in paragraph one. 
The sentence now reads, ``40 CFR 52.21 and 51.166 as used in this 
regulation refer to the federal regulations as promulgated by December 
9, 1993.'' The phrases in paragraph two ``hereby adopted and'' and ``by 
reference'' were deleted and replaced with ``adopted by reference.'' 
The sentence now reads, ``All of the subsections of 40 CFR 52.21 other 
than subsections (a) [Plan disapproval], (q) [public participation], 
(s) [Environmental impact statement], and (u) [Delegation of authority] 
are incorporated herein and adopted by reference by the Mississippi 
Commission on Environmental Quality as official regulations of the 
State of Mississippi and shall hereafter be enforceable as such except 
for the changes set forth in Section 3. of this regulation.''
    The purpose of this revised submittal is that it provides for the 
inclusion of the revised PM<INF>10 increments and the Guideline on Air 
Quality Models (including Supplement B) as promulgated by EPA (See 
e.q., 40 CFR 51.166(c), 51.166(l) and part 51, App. W). The submittal 
also provides for inclusion of amendments and revisions to definitions 
and any other sections of the above referenced Federal regulations as 
promulgated by EPA.
    The SIP revision affects all sources of air emissions that are 
subject to 40 CFR 52.21, PSD, and satisfies the applicable requirements 
of the Clean Air Act (CAA) and 40 CFR 51.166. The revision includes 
provisions for emission limitations, all PSD increments that are 
applicable, and the protection of visibility as provided in 40 CFR 
52.21.
    The EPA is currently developing proposed rules to implement 
statutory revisions made to the nonattainment new source review and PSD 
programs in 1990 amendments to the CAA. The EPA expects that the 
proposed rules will be published within the next few months. The EPA 
also expects to issue in the Spring of 1995, proposed rules to reform 
and improve the PSD program. Additional PSD SIP changes may be 
necessary, depending upon the contents of the revisions to the PSD 
program rules.
    Revised section 302(z) of the CAA sets forth a new definition of 
``stationary source'' reflecting Congressional intent that certain 
stationary internal combustion engines are subject to State regulation 
under stationary source permitting programs, while certain ``nonroad 
engines,'' defined in section 216(10) of the CAA, are generally 
excluded. On June 17, 1994, the EPA published regulations in 40 CFR 
part 89 regarding new nonroad engines and vehicles, including a 
definition of nonroad engine (59 FR 31306). In this action, EPA 
approval of this SIP revision is limited in that it does not include 
the regulation of nonroad engines in a manner inconsistent with section 
209 of the CAA and EPA regulations implementing section 209.

Final Action

    In this action, EPA is approving the aforementioned revisions in 
this submittal because they are consistent with the applicable 
requirements of the CAA, implementing regulations and EPA policy. The 
EPA is publishing this action without prior proposal because the Agency 
views this as a noncontroversial amendment and anticipates no adverse 
comments. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
July 5, 1995 unless, by June 5, 1995 adverse or critical comments are 
received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective July 5, 1995.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by [60 days from date of 
publication]. Filing a petition for reconsideration by the 
Administrator of this final rule does not affect the finality of this 
rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2)).
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under the Regulator Flexibility Act, 5 U.S.C. 600 et.seq., EPA must 
prepare a regulatory flexibility analysis assessing the impact of any 
proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the federal SIP-
approval does [[Page 22289]] not impose any new requirements, I certify 
that it does not have a significant impact on any small entities. 
Moreover, due to the nature of the federal-state relationship under the 
CAA, preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Particulate matter.

    Dated: April 12, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401-7671q.

Subpart Z--Mississippi

    2. Section 52.1270 is amended by adding paragraph (c)(26) to read 
as follows:


Sec. 52.1270  Identification of plan.

* * * * *
    (c) * * *
    (26) The Mississippi Department of Environmental Quality has 
submitted revision to Regulation APC-S-5. The purpose of this 
regulation is to adopt by reference Federal regulations for the 
prevention of significant deterioration of air quality as required by 
40 CFR 51.166 and 52.21.
    (i) Incorporation by reference.
    (A) Regulations of the prevention of significant deterioration of 
air quality--Regulation APC-S-5 effective January 9, 1994.
    (ii) Additional information--None.
[FR Doc. 95-11050 Filed 5-4-95; 8:45 am]
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