[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Pages 42774-42777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17744]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0163; FRL-9930-75-Region 4]
Approval and Promulgation of Implementation Plans; Mississippi:
Miscellaneous Changes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of a State Implementation Plan (SIP) revision
submitted by the Mississippi Department of Environmental Quality
(MDEQ), to EPA on July 25, 2010. The SIP revision includes multiple
changes to Mississippi's SIP to add definitions in accordance with
federal regulations and to implement clarifying language. EPA is not
proposing to take action on the aspects of the SIP revision related to
the Clean Air Interstate Rule (CAIR) or hazardous air pollutants at
this time.
DATES: Written comments must be received on or before August 19, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0163, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2013-0163,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section (formerly Regulatory Development
Section), Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official
[[Page 42775]]
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0163. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not be publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by phone at (404) 562-9043 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 25, 2010, MDEQ submitted a SIP revision to EPA for approval
into the Mississippi SIP. MDEQ's July 25, 2010, SIP revision includes
multiple changes to Mississippi's air pollution control regulation APC-
S-1, entitled ``Air Emission Regulations for the Prevention, Abatement,
and Control of Air Contaminants,'' to add and amend definitions in
accordance with federal regulations and to implement clarifying
language. Specifically, these changes include amendments to Section 2--
``Definitions'' and Section 3--``Specific Criteria for Sources of
Particulate Matter.'' With the exception of the changes in Section 8
related to hazardous air pollutants and the changes in Section 14
related to Mississippi's CAIR provisions, EPA is proposing to approve
Mississippi's July 25, 2010, SIP revision, which became state effective
on February 6, 2009.\1\ EPA will consider action on Mississippi's
changes to its CAIR provisions and its hazardous air pollutants
provisions in a separate action.
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\1\ MDEQ's submission includes a revision to APC-S-1, Section
8--``Provisions for Hazardous Air Pollutants'' that updates the
incorporate by reference date to October 3, 2008, for relevant
federal regulations related to National Emission Standard for
Hazardous Air Pollutants (NESHAPS) and the Clean Air Mercury Rule
(CAMR). However, EPA has not incorporated APC-S-1, Section 8 into
the Mississippi SIP, and therefore, EPA is not proposing to approve
these changes related to NESHAPS and CAMR into the SIP.
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II. Mississippi's July 25, 2010, SIP Revision
A. Changes to APC-S-1, Section 2--``Definitions''
1. ``Air Cleaning Device''
Mississippi is amending the definition of ``Air Cleaning Device''
by adding language to clarify that the term ``air pollution control
device'' is synonymous with the term ``air cleaning device.'' The
definition of ``air cleaning device'' includes ``[a]ny method, process
or equipment which removes, reduces or renders less noxious air
contaminants discharged into the atmosphere.'' Mississippi's July 25,
2010, SIP revision, simply clarifies that the term ``air pollution
control device'' has the same definition as ``air cleaning device'' by
adding a phrase noting that these two terms are ``synonymous.''
Mississippi chose to link the two terms rather than provide a separate
definition entry for ``air pollution control device.'' Mississippi is
making this change to provide clarity to the regulated community
regarding the definition for the term ``air pollution control device.''
2. ``Ozone Action Day''
Mississippi's July 25, 2010, SIP submission amends the definition
for ``Ozone Action Day'' by changing the dates from April 1 and
September 30 to March 1 and October 30, respectively, to align with the
time period for ozone monitoring in Mississippi as specified in 40 CFR
part 58. See table in 40 CFR part 58 entitled, ``Table D-3 of Appendix
D to Part 58--Ozone Monitoring Season by State.''
3. ``PM2.5''
Mississippi added a definition of ``PM2.5'' as
``[p]articulate matter with an aerodynamic diameter less than or equal
to a nominal 2.5 micrometers as measured by a reference method based on
appendix L of 40 CFR part 50 and designated in accordance with 40 CFR
part 53 or by an equivalent method designated in accordance with 40 CFR
part 53.'' This definition is consistent with EPA's definition codified
at 40 CFR part 53 as well as the agency's longstanding characterization
of fine particular matter. This change, if approved, will result in a
renumbering of definitions at APC-S-1.
4. ``PM2.5 emissions''
Mississippi added a definition of ``PM2.5 emissions'' as
``[f]inely divided solid or liquid material, with an aerodynamic
diameter less than or equal to a nominal 2.5 micrometers, emitted to
the ambient air as measured by an applicable EPA Test Method, an
equivalent or alternative method specified by EPA, or by a test method
specified in the approved State Implementation Plan.'' This definition
is consistent with EPA's definition for ``direct PM2.5
emissions'' \2\ except that
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the State's definition does not include a condensable PM2.5
component.\3\ However, EPA considers this definition acceptable because
there are currently no PM2.5 nonattainment areas in
Mississippi and because the State's prevention of significant
deterioration (PSD) program at APC-S-5 requires sources to consider the
condensable portion of PM2.5 emissions when determining PSD
applicability. This change, if approved, will result in a renumbering
of definitions at APC-S-1.
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\2\ Under the federal definition, ``direct PM2.5
emissions'' means ``solid particles emitted directly from an air
emissions source or activity, or gaseous emissions or liquid
droplets from an air emissions source or activity which condense to
form particulate matter at ambient temperatures. Direct
PM2.5 emissions include elemental carbon, directly
emitted organic carbon, directly emitted sulfate, directly emitted
nitrate, and other inorganic particles (including but not limited to
crustal material, metals, and sea salt).'' 40 CFR 51.1000.
\3\ The federal provisions for implementation of the
PM2.5 NAAQS require, after January 1, 2011, that states
must consider the condensable fraction of direct PM2.5
emissions when establishing limits under 40 CFR 51.1009 (Reasonable
further progress requirements (RFP)) and 40 CFR 51.1010
(Requirements for reasonably available control technology (RACT) and
reasonably available control measures (RACM)). See 40 CFR
51.1002(c). However, Mississippi's adopted definition of
``PM2.5 emissions'' does not explicitly include the
condensable fraction of direct PM2.5 emissions. EPA notes
that if PM2.5 nonattainment areas are designated within
the State in the future, the State's definition of
``PM2.5 emissions'' may need to be revised to include
condensable emissions to ensure that the RFP and RACT/RACM
provisions are properly implemented. EPA also notes that
Mississippi's PSD permitting program at APC-S-5 already requires
sources to account for PM2.5 condensable emissions when
determining PM2.5 emission limitations and PSD
applicability.
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B. Changes to APC-S-1, Section 3--``Specific Criteria for Source of
Particular Matter''
1. Paragraph 4--``Fuel Burning''
As it currently exists in the SIP, APC-S-1, Section 3.4(b)--
``Combination Boilers''--states that particulate matter emissions from
combination boilers involved in fuel burning operations that utilize a
mixture of combustibles are allowed emission rates up to 0.30 grains
per standard dry cubic foot. Mississippi's July 25, 2010, SIP
submission added language to clarify that section 3.4(b) is only
applicable to fuel burning operations that utilize a mixture of
combustibles ``to produce steam or heat water or any other heat
transfer medium through indirect means.''
2. Paragraph 6--``Manufacturing Processes''
Mississippi is amending subparagraph (a) relating to particulate
matter emission limits based on process weight rate to clarify that the
emission limit listed in that subparagraph applies to the manufacturing
process including any associated stacks, vents, outlets, or combination
thereof.
3. Paragraph 7--``Open Burning''
Mississippi is amending subparagraph (a)(1) to clarify that fires
set for burning of agricultural wastes in the field and/or
silvicultural wastes for forest management purposes must obtain a
permit from the Mississippi Forestry Commission regardless of whether
there is an available Forestry Commission tower servicing the area in
which the burning occurs.
4. Paragraph 8--``Incineration''
Mississippi is adding subparagraph (c) to clarify that the
particulate matter emission limit for incinerators, 0.2 grains per
standard dry cubic foot of flue gas, does not apply to ``afterburners,
flares, thermal oxidizers, and other similar devices used to reduce the
emissions of air pollutants from processes.'' EPA notes that all
particulate matter emissions discharged from such control devices are
part of the total emissions from the process unit and are not excluded
from determinations of compliance with applicable emission limitations.
Mississippi also amended the text of subparagraph (a) to reference
subparagraph (c) to further clarify that devices listed at paragraph
(c) are not required to apply the particulate matter emission limit for
incinerators identified in subparagraph (a).
III. Incorporation by Reference
In this rule, 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, EPA is proposing to incorporate by
reference certain changes to Mississippi's air pollution control
regulation APC-S-1, entitled ``Air Emission Regulations for the
Prevention, Abatement, and Control of Air Contaminants.'' Specifically,
these changes include the amendments to Section 2--``Definitions'' and
Section 3--``Specific Criteria for Sources of Particulate Matter''
described in section II, above. EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
IV. Proposed Action
EPA is proposing to approve portions of Mississippi's July 25,
2010, SIP submission revising Rule APC-S-1 to add and amend definitions
in accordance with federal regulations and to implement clarifying
language. EPA has preliminarily determined that these changes to the
Mississippi SIP are in accordance with the Clean Air Act (CAA or Act)
and EPA policy and regulations. With the exception of changes in
Section 8 related to hazardous air pollutants and the changes in
Section 14 related to Mississippi's CAIR provisions, EPA is proposing
to approve Mississippi's SIP revisions provided to EPA on July 25,
2010. EPA will consider action on Mississippi's changes to its CAIR
provisions and its hazardous air pollutants provisions in a separate
action.
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 Act 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 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 13563 (76 FR 3821, January 21, 2011);
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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because
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application of those requirements would be inconsistent with the CAA;
and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17744 Filed 7-17-15; 8:45 am]
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