[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
PM10 (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 PM10 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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