80 FR 42774 - Approval and Promulgation of Implementation Plans; Mississippi: Miscellaneous Changes
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 138 (July 20, 2015)
Federal Register Volume 80, Issue 138 (July 20, 2015)
| Page Range | 42774-42777 | |
| FR Document | 2015-17744 |
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)] [Proposed Rules] [Pages 42774-42777] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17744] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 42776]] 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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 [[Page 42777]] 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] BILLING CODE 6560-50-P
![42774 Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Proposed Rules
local entities related to the 2008 Lead meeting Federal requirements and does Dated: July 6, 2015.
NAAQS when necessary. not impose additional requirements Heather McTeer Toney,
beyond those imposed by state law. For Regional Administrator, Region 4.
V. Proposed Action
that reason, this proposed action: [FR Doc. 2015–17733 Filed 7–17–15; 8:45 am]
With the exception of the PSD • Is not a significant regulatory action BILLING CODE 6560–50–P
permitting requirements for major subject to review by the Office of
sources of sections 110(a)(2)(C), prong 3 Management and Budget under
of (D)(i) and (J), and the state board Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION
requirements of section 110(a)(2)(E)(ii), October 4, 1993) and 13563 (76 FR 3821, AGENCY
EPA is proposing to approve that January 21, 2011);
ADEM’s infrastructure SIP submission,
• does not impose an information 40 CFR Part 52
submitted November 4, 2011, for the
collection burden under the provisions [EPA–R04–OAR–2013–0163; FRL–9930–75–
2008 Lead NAAQS meets the above
of the Paperwork Reduction Act (44 Region 4]
described infrastructure SIP
U.S.C. 3501 et seq.);
requirements. EPA is proposing to
disapprove section 110(a)(2)(E)(ii) of • is certified as not having a Approval and Promulgation of
significant economic impact on a Implementation Plans; Mississippi:
Alabama’s infrastructure submission Miscellaneous Changes
because the State’s implementation plan substantial number of small entities
does not contain provisions to comply under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection
with section 128 of the Act, and thus U.S.C. 601 et seq.); Agency (EPA).
Alabama’s November 4, 2011, • does not contain any unfunded ACTION: Proposed rule.
infrastructure SIP submission does not mandate or significantly or uniquely
meet the requirements of the Act. This affect small governments, as described SUMMARY: The Environmental Protection
proposed approval in part and in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve
disapproval in part, however, does not of 1995 (Pub. L. 104–4); portions of a State Implementation Plan
include the PSD permitting • does not have Federalism (SIP) revision submitted by the
requirements for major sources of implications as specified in Executive Mississippi Department of
section 110(a)(2)(C), prong 3 of (D)(i) Order 13132 (64 FR 43255, August 10, Environmental Quality (MDEQ), to EPA
and (J) because the Agency has taken 1999); on July 25, 2010. The SIP revision
final action on these requirements for • is not an economically significant includes multiple changes to
2008 Lead NAAQS for Alabama in a regulatory action based on health or Mississippi’s SIP to add definitions in
separate rulemaking. safety risks subject to Executive Order accordance with federal regulations and
Under section 179(a) of the CAA, final 13045 (62 FR 19885, April 23, 1997); to implement clarifying language. EPA
disapproval of a submittal that • is not a significant regulatory action is not proposing to take action on the
addresses a requirement of a CAA Part subject to Executive Order 13211 (66 FR aspects of the SIP revision related to the
D Plan or is required in response to a 28355, May 22, 2001); Clean Air Interstate Rule (CAIR) or
finding of substantial inadequacy as • is not subject to requirements of hazardous air pollutants at this time.
described in CAA section 110(k)(5) (SIP Section 12(d) of the National DATES: Written comments must be
call) starts a sanctions clock. The Technology Transfer and Advancement received on or before August 19, 2015.
portion of section 110(a)(2)(E)(ii) Act of 1995 (15 U.S.C. 272 note) because ADDRESSES: Submit your comments,
provisions (the provisions being application of those requirements would identified by Docket ID No. EPA–R04–
proposed for disapproval in today’s be inconsistent with the Clean Air Act; OAR–2013–0163, by one of the
notice) were not submitted to meet and following methods:
requirements for Part D or a SIP call, • does not provide EPA with the 1. www.regulations.gov: Follow the
and therefore, if EPA takes final action discretionary authority to address, as on-line instructions for submitting
to disapprove this submittal, no appropriate, disproportionate human comments.
sanctions will be triggered. However, if health or environmental effects, using 2. Email: R4-ARMS@epa.gov.
this disapproval action is finalized, that 3. Fax: (404) 562–9019.
practicable and legally permissible
final action will trigger the requirement 4. Mail: ‘‘EPA–R04–OAR–2013–
methods, under Executive Order 12898
under section 110(c) that EPA 0163,’’ Air Regulatory Management
(59 FR 7629, February 16, 1994).
promulgate a federal implementation Section (formerly Regulatory
The SIP is not approved to apply on Development Section), Air Planning and
plan (FIP) no later than 2 years from the
any Indian reservation land or in any Implementation Branch, Air, Pesticides
date of the disapproval unless the State
other area where EPA or an Indian tribe and Toxics Management Division, U.S.
corrects the deficiency, and EPA
has demonstrated that a tribe has Environmental Protection Agency,
approves the plan or plan revision
jurisdiction. In those areas of Indian Region 4, 61 Forsyth Street SW.,
before EPA promulgates such FIP.
country, the rule does not have tribal Atlanta, Georgia 30303–8960.
VI. Statutory and Executive Order implications as specified by Executive 5. Hand Delivery or Courier: Lynorae
Reviews Order 13175 (65 FR 67249, November 9, Benjamin, Chief, Air Regulatory
Under the CAA, the Administrator is 2000), nor will it impose substantial Management Section (formerly
required to approve a SIP submission direct costs on tribal governments or Regulatory Development Section), Air
mstockstill on DSK4VPTVN1PROD with PROPOSALS
that complies with the provisions of the preempt tribal law. Planning and Implementation Branch,
Act and applicable Federal regulations. List of Subjects in 40 CFR Part 52 Air, Pesticides and Toxics Management
42 U.S.C. 7410(k); 40 CFR 52.02(a). Division, U.S. Environmental Protection
Thus, in reviewing SIP submissions, Environmental protection, Air Agency, Region 4, 61 Forsyth Street
EPA’s role is to approve state choices, pollution control, Incorporation by SW., Atlanta, Georgia 30303–8960. Such
provided that they meet the criteria of reference, Intergovernmental relations, deliveries are only accepted during the
the CAA. Accordingly, this proposed Lead, and Recordkeeping requirements. Regional Office’s normal hours of
action merely approves state law as Authority: 42 U.S.C. 7401 et seq. operation. The Regional Office’s official
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hours of business are Monday through FURTHER INFORMATION CONTACT section to device.’’ The definition of ‘‘air cleaning
Friday, 8:30 a.m. to 4:30 p.m., excluding schedule your inspection. The Regional device’’ includes ‘‘[a]ny method,
Federal holidays. Office’s official hours of business are process or equipment which removes,
Instructions: Direct your comments to Monday through Friday, 8:30 a.m. to reduces or renders less noxious air
Docket ID No. EPA–R04–OAR–2013– 4:30 p.m., excluding Federal holidays. contaminants discharged into the
0163. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: atmosphere.’’ Mississippi’s July 25,
received will be included in the public Sean Lakeman, Air Regulatory 2010, SIP revision, simply clarifies that
docket without change and may be Management Section, Air Planning and the term ‘‘air pollution control device’’
made available online at Implementation Branch, Air, Pesticides has the same definition as ‘‘air cleaning
www.regulations.gov, including any and Toxics Management Division, U.S. device’’ by adding a phrase noting that
personal information provided, unless Environmental Protection Agency, these two terms are ‘‘synonymous.’’
the comment includes information Region 4, 61 Forsyth Street SW., Mississippi chose to link the two terms
claimed to be Confidential Business Atlanta, Georgia 30303–8960. Mr. rather than provide a separate definition
Information (CBI) or other information Lakeman can be reached by phone at entry for ‘‘air pollution control device.’’
whose disclosure is restricted by statute. (404) 562–9043 or via electronic mail at Mississippi is making this change to
Do not submit through lakeman.sean@epa.gov. provide clarity to the regulated
www.regulations.gov or email, SUPPLEMENTARY INFORMATION: community regarding the definition for
information that you consider to be CBI the term ‘‘air pollution control device.’’
or otherwise protected. The I. Background
www.regulations.gov Web site is an 2. ‘‘Ozone Action Day’’
On June 25, 2010, MDEQ submitted a
‘‘anonymous access’’ system, which SIP revision to EPA for approval into Mississippi’s July 25, 2010, SIP
means EPA will not know your identity the Mississippi SIP. MDEQ’s July 25, submission amends the definition for
or contact information unless you 2010, SIP revision includes multiple ‘‘Ozone Action Day’’ by changing the
provide it in the body of your comment. changes to Mississippi’s air pollution dates from April 1 and September 30 to
If you send an email comment directly control regulation APC–S–1, entitled March 1 and October 30, respectively, to
to EPA without going through ‘‘Air Emission Regulations for the align with the time period for ozone
www.regulations.gov, your email Prevention, Abatement, and Control of monitoring in Mississippi as specified
address will be automatically captured Air Contaminants,’’ to add and amend in 40 CFR part 58. See table in 40 CFR
and included as part of the comment definitions in accordance with federal part 58 entitled, ‘‘Table D–3 of
that is placed in the public docket and regulations and to implement clarifying Appendix D to Part 58—Ozone
made available on the Internet. If you language. Specifically, these changes Monitoring Season by State.’’
submit an electronic comment, EPA include amendments to Section 2— 3. ‘‘PM2.5’’
recommends that you include your ‘‘Definitions’’ and Section 3—‘‘Specific
name and other contact information in Criteria for Sources of Particulate Mississippi added a definition of
the body of your comment and with any Matter.’’ With the exception of the ‘‘PM2.5’’ as ‘‘[p]articulate matter with an
disk or CD–ROM you submit. If EPA changes in Section 8 related to aerodynamic diameter less than or equal
cannot read your comment due to hazardous air pollutants and the to a nominal 2.5 micrometers as
technical difficulties and cannot contact changes in Section 14 related to measured by a reference method based
you for clarification, EPA may not be Mississippi’s CAIR provisions, EPA is on appendix L of 40 CFR part 50 and
able to consider your comment. proposing to approve Mississippi’s July designated in accordance with 40 CFR
Electronic files should avoid the use of 25, 2010, SIP revision, which became part 53 or by an equivalent method
special characters, any form of state effective on February 6, 2009.1 designated in accordance with 40 CFR
encryption, and be free of any defects or EPA will consider action on part 53.’’ This definition is consistent
viruses. For additional information Mississippi’s changes to its CAIR with EPA’s definition codified at 40
about EPA’s public docket visit the EPA provisions and its hazardous air CFR part 53 as well as the agency’s
Docket Center homepage at http:// pollutants provisions in a separate longstanding characterization of fine
www.epa.gov/epahome/dockets.htm. action. particular matter. This change, if
Docket: All documents in the approved, will result in a renumbering
electronic docket are listed in the II. Mississippi’s July 25, 2010, SIP of definitions at APC–S–1.
www.regulations.gov index. Although Revision
4. ‘‘PM2.5 emissions’’
listed in the index, some information A. Changes to APC–S–1, Section 2—
may not be publicly available, i.e., CBI Mississippi added a definition of
‘‘Definitions’’
or other information whose disclosure is ‘‘PM2.5 emissions’’ as ‘‘[f]inely divided
restricted by statute. Certain other 1. ‘‘Air Cleaning Device’’ solid or liquid material, with an
material, such as copyrighted material, Mississippi is amending the aerodynamic diameter less than or equal
is not placed on the Internet and will be definition of ‘‘Air Cleaning Device’’ by to a nominal 2.5 micrometers, emitted to
publicly available only in hard copy adding language to clarify that the term the ambient air as measured by an
form. Publicly available docket ‘‘air pollution control device’’ is applicable EPA Test Method, an
materials are available either synonymous with the term ‘‘air cleaning equivalent or alternative method
electronically in www.regulations.gov or specified by EPA, or by a test method
in hard copy at the Air Regulatory specified in the approved State
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1 MDEQ’s submission includes a revision to APC–
Management Section, Air Planning and S–1, Section 8—‘‘Provisions for Hazardous Air Implementation Plan.’’ This definition
Pollutants’’ that updates the incorporate by is consistent with EPA’s definition for
Implementation Branch, Air, Pesticides reference date to October 3, 2008, for relevant
and Toxics Management Division, U.S. federal regulations related to National Emission ‘‘direct PM2.5 emissions’’ 2 except that
Environmental Protection Agency, Standard for Hazardous Air Pollutants (NESHAPS)
and the Clean Air Mercury Rule (CAMR). However, 2 Under the federal definition, ‘‘direct PM
Region 4, 61 Forsyth Street SW., 2.5
EPA has not incorporated APC–S–1, Section 8 into emissions’’ means ‘‘solid particles emitted directly
Atlanta, Georgia 30303–8960. EPA the Mississippi SIP, and therefore, EPA is not from an air emissions source or activity, or gaseous
requests that if at all possible, you proposing to approve these changes related to emissions or liquid droplets from an air emissions
contact the person listed in the FOR NESHAPS and CAMR into the SIP. Continued
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application of those requirements would section of this issue of the Federal adverse comments are received in
be inconsistent with the CAA; and Register, EPA is approving the State’s response to this rule, no further activity
• Does not provide EPA with the implementation plan revision as a direct is contemplated. If EPA receives adverse
discretionary authority to address, as final rule without prior proposal comments, the direct final rule will be
appropriate, disproportionate human because the Agency views this as a withdrawn and all public comments
health or environmental effects, using noncontroversial submittal and received will be addressed in a
practicable and legally permissible anticipates no adverse comments. A subsequent final rule based on this
methods, under Executive Order 12898 detailed rationale for the approval is set proposed rule. EPA will not institute a
(59 FR 7629, February 16, 1994). forth in the direct final rule. second comment period on this
The SIP is not approved to apply on DATES: Written comments must be document. Any parties interested in
any Indian reservation land or in any received on or before August 19, 2015. commenting on this document should
other area where EPA or an Indian tribe ADDRESSES: Submit your comments,
do so at this time.
has demonstrated that a tribe has identified by Docket ID No. EPA–R04– Dated: July 6, 2015.
jurisdiction. In those areas of Indian OAR–2015–0368, by one of the Heather McTeer Toney,
country, the rule does not have tribal following methods: Regional Administrator, Region 4.
implications as specified by Executive 1. www.regulations.gov: Follow the [FR Doc. 2015–17682 Filed 7–17–15; 8:45 am]
Order 13175 (65 FR 67249, November 9, on-line instructions for submitting
2000), nor will it impose substantial BILLING CODE 6560–50–P
comments.
direct costs on tribal governments or 2. Email: R4-ARMS@epa.gov.
preempt tribal law. 3. Fax: (404) 562–9019. ENVIRONMENTAL PROTECTION
List of Subjects in 40 CFR Part 52 4. Mail: ‘‘EPA–R04–OAR–2015– AGENCY
0368,’’ Air Regulatory Management
Environmental protection, Air 40 CFR Part 52
Section (formerly the Regulatory
pollution control, Incorporation by
Development Section), Air Planning and
reference, Intergovernmental relations, [EPA–R04–OAR–2012–0696; FRL–9930–85–
Implementation Branch (formerly the
Nitrogen dioxide, Particulate matter, Region 4]
Air Planning Branch), Air, Pesticides
Reporting and recordkeeping
and Toxics Management Division, U.S. Approval and Promulgation of
requirements, Volatile organic
Environmental Protection Agency, Implementation Plans; Georgia
compounds.
Region 4, 61 Forsyth Street SW., Infrastructure Requirements for the
Authority: 42 U.S.C. 7401 et seq. Atlanta, Georgia 30303–8960. 2008 8-Hour Ozone National Ambient
Dated: July 9, 2015. 5. Hand Delivery or Courier: Lynorae Air Quality Standards
Heather McTeer Toney, Benjamin, Chief, Air Regulatory
Regional Administrator, Region 4. Management Section, Air Planning and AGENCY: Environmental Protection
Implementation Branch, Air, Pesticides Agency (EPA).
[FR Doc. 2015–17744 Filed 7–17–15; 8:45 am]
and Toxics Management Division, U.S. ACTION: Proposed rule.
BILLING CODE 6560–50–P
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., SUMMARY: The Environmental Protection
Atlanta, Georgia 30303–8960. Such Agency (EPA) is proposing to approve
ENVIRONMENTAL PROTECTION
deliveries are only accepted during the portions of the May 14, 2012, State
AGENCY
Regional Office’s normal hours of Implementation Plan (SIP) submission,
40 CFR Part 52 operation. The Regional Office’s official provided by the Georgia Department of
hours of business are Monday through Natural Resources, Environmental
[EPA–R04–OAR–2015–0368; FRL–9930–77– Protection Division (hereafter referred to
Friday, 8:30 a.m. to 4:30 p.m., excluding
Region 4] as GA EPD) for inclusion into the
Federal holidays.
Please see the direct final rule which Georgia SIP. This proposal pertains to
Approval and Promulgation of
is located in the Rules section of this the Clean Air Act (CAA or the Act)
Implementation Plans; North Carolina;
Federal Register for detailed infrastructure requirements for the 2008
Nitrogen Dioxide and Sulfur Dioxide
instructions on how to submit 8-hour ozone national ambient air
National Ambient Air Quality
comments. quality standards (NAAQS). The CAA
Standards Revisions
requires that each state adopt and
FOR FURTHER INFORMATION CONTACT: Zuri submit a SIP for the implementation,
AGENCY: Environmental Protection
Farngalo, Air Regulatory Management maintenance, and enforcement of each
Agency (EPA).
Section, Air Planning and NAAQS promulgated by EPA, which is
ACTION: Proposed rule. Implementation Branch, Air, Pesticides commonly referred to as an
SUMMARY: The Environmental Protection and Toxics Management Division, U.S. ‘‘infrastructure’’ SIP. GA EPD certified
Agency (EPA) is proposing to approve a Environmental Protection Agency, that the Georgia SIP contains provisions
State Implementation Plan revision Region 4, 61 Forsyth Street SW., that ensure the 2008 8-hour ozone
submitted by the State of North Atlanta, Georgia 30303–8960. The NAAQS is implemented, enforced, and
Carolina, through the North Carolina telephone number is (404) 562–9152. maintained in Georgia. With the
Department of Environment and Natural Mr. Farngalo can also be reached via exception of provisions pertaining to
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Resources on August 13, 2012, electronic mail at farngalo.zuri@ prevention of significant deterioration
pertaining to definition changes for the epa.gov. (PSD) permitting and interstate
Nitrogen Dioxide and Sulfur Dioxide SUPPLEMENTARY INFORMATION: For transport requirements, EPA is
National Ambient Air Quality additional information see the direct proposing to approve Georgia’s
Standards. EPA is approving this SIP final rule which is published in the infrastructure SIP submission provided
revision because the State has Rules Section of this Federal Register. to EPA on May 14, 2012, as satisfying
demonstrated that it is consistent with A detailed rationale for the approval is the required infrastructure elements for
the Clean Air Act. In the Final Rules set forth in the direct final rule. If no the 2008 8-hour ozone NAAQS.
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Document Created: 2015-12-15 12:57:56
Document Modified: 2015-12-15 12:57:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before August 19, 2015. | |
| 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] | |
| FR Citation | 80 FR 42774 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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