82 FR 37015 - Air Plan Approval; Mississippi: Prevention of Significant Deterioration Updates
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 151 (August 8, 2017)
Federal Register Volume 82, Issue 151 (August 8, 2017)
| Page Range | 37015-37020 | |
| FR Document | 2017-16616 |
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)] [Rules and Regulations] [Pages 37015-37020] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16616] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0188; FRL-9965-70-Region 4] Air Plan Approval; Mississippi: Prevention of Significant Deterioration Updates AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a portion of the State Implementation Plan (SIP) revision submitted by Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), Office of Pollution Control, on June 7, 2016. Specifically, this action approves the portion of the SIP revision making changes to Mississippi's Prevention of Significant Deterioration (PSD) program by modifying the incorporation by reference (IBR) date for the Federal PSD regulations promulgated by EPA. By changing this date, approval of the SIP revision modifies the existing Greenhouse Gas (GHG) PSD permitting program and incorporates PSD provisions related to the 1997, 2006, and 2012 fine particulate matter (PM2.5 ) and 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). This action is being taken pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. DATES: This direct final rule is effective October 10, 2017 without further notice, unless EPA receives adverse comment by September 7, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0188 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Andres Febres of 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. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is the Agency taking? On June 7, 2016, MDEQ submitted a SIP revision for EPA's approval that includes changes to Mississippi's regulations to make them consistent with Federal requirements for the New Source Review (NSR) permitting program, in particular for PSD permitting.\1\ Additionally, the submittal renames the State's PSD regulations in the SIP from APC- S-5 to Mississippi Administrative Code, Title 11, Part 2, Chapter 5 (hereinafter referred to as Regulation 11-MAC-Part 2-5), and makes formatting changes to these regulations. EPA approved these administrative changes to the PSD regulations in a Letter Notice dated July 20, 2017.\2\ --------------------------------------------------------------------------- \1\ EPA's regulations governing the implementation of NSR permitting programs are contained in 40 CFR 51.160--51.166; 52.21, 52.24; and part 51, Appendix S. The CAA NSR program is composed of three separate programs: PSD, NNSR, and Minor NSR. PSD is established in part C of title I of the CAA and applies in areas that meet the NAAQS--``attainment areas''--as well as areas where there is insufficient information to determine if the area meets the NAAQS--``unclassifiable areas.'' The NNSR program is established in part D of title I of the CAA and applies in areas that are not in attainment of the NAAQS--``nonattainment areas.'' The Minor NSR program addresses construction or modification activities that do not qualify as ``major'' and applies regardless of the designation of the area in which a source is located. Together, these programs are referred to as the NSR programs. \2\ Mississippi submitted a supplemental letter on May 7, 2017, clarifying its intent to incorporate these renaming and reformatting changes of APC-S-5 into the SIP. --------------------------------------------------------------------------- EPA is approving the portion of Mississippi's submittal that makes changes to the State's PSD program, as established in MDEQ's Regulation 11-MAC-Part 2-5, which applies to the construction or modification of any major stationary source in areas designated as attainment or unclassifiable as required by part C of title I of the CAA. This SIP revision is intended to make Mississippi's state PSD permitting rule consistent with the Federal requirements, as promulgated by EPA. The June 7, 2016 submittal updates the IBR date at 11-MAC-Part 2-5 Rule 5.1 and Rule 5.2 from November 4, 2011, to February 17, 2016, for the Federal PSD permitting regulations at 40 CFR 52.21 and 51.166.\3\ By modifying the IBR date of 40 CFR 52.21, Mississippi is making four changes to its PSD rules: (1) Adopting provisions for GHG plantwide applicability limitations (PALs); (2) removing permitting requirements for certain GHG sources; (3) incorporating grandfathering provisions for the 2012 primary annual PM2.5 \4\ NAAQS [[Page 37016]] and the 2015 8-hour ozone NAAQS; and (4) incorporating a correction to the definition of ``regulated NSR pollutant'' for PSD.\5\ These changes are discussed below. --------------------------------------------------------------------------- \3\ 11-MAC-Part 2-5 incorporates by reference 40 CFR 52.21 with the exceptions noted in Rule 5.2 and incorporates by reference 40 CFR 51.166(f) and (q) with the exceptions noted in Rule 5.4. \4\ Airborne particulate matter (PM) with a nominal aerodynamic diameter of 2.5 micrometers or less (a micrometer is one-millionth of a meter, and 2.5 micrometers is less than one-seventh the average width of a human hair) are considered to be ``fine particles'' and are also known as PM2.5 . Fine particles in the atmosphere are made up of a complex mixture of components including sulfate; nitrate; ammonium; elemental carbon; a great variety of organic compounds; and inorganic material (including metals, dust, sea salt, and other trace elements) generally referred to as ``crustal'' material, although it may contain material from other sources. On July 18, 1997, EPA revised the NAAQS for PM to add new standards for fine particles, using PM2.5 as the indicator. Previously, EPA used PM10 (inhalable particles smaller than or equal to 10 micrometers in diameter) as the indicator for the PM NAAQS. EPA established health-based (primary) annual and 24-hour standards for PM2.5 , setting an annual standard at a level of 15.0 micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at a level of 65 [micro]g/m\3\(62 FR 38652). At the time the 1997 primary standards were established, EPA also established welfare- based (secondary) standards identical to the primary standards. The secondary standards are designed to protect against major environmental effects of PM2.5, such as visibility impairment, soiling, and materials damage. On October 17, 2006, EPA revised the primary and secondary 24-hour NAAQS for PM2.5 to 35 [micro]g/m\3\ and retained the existing annual PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On January 15, 2013, EPA published a final rule revising the annual PM2.5 NAAQS to 12 [micro]g/m\3\ (78 FR 3086). \5\ EPA has not acted on, and is not currently acting on, the portion of Mississippi's November 28, 2007 SIP revision that seeks to incorporate into the SIP, through a revision to APC-S-5 (state effective on September 24, 2007), the provisions amended in the Ethanol Rule (72 FR 24060) to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t). Therefore, today's action does not IBR this provision into the SIP. Additionally, today's action does not incorporate into the SIP the provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were initially stayed for an 18-month period on March 31, 2010, and stayed indefinitely by the Fugitive Emissions Interim Rule, 76 FR 17548 (March 30, 2011). These provisions were not incorporated into Mississippi's SIP through EPA's December 29, 2010, September 26, 2012, and March 5, 2015 actions approving IBR updates to APC-S-5 (September 14, 2010, May 12, 2011, and February 10, 2012 SIP revisions, respectively) because the provisions were stayed and because Mississippi never requested that EPA incorporate the provisions into the SIP. --------------------------------------------------------------------------- II. Background A. Greenhouse Gases and Plantwide Applicability Limits On January 2, 2011, GHG emissions were, for the first time, covered by the PSD and title V operating permit programs.\6\ To establish a process for phasing in the permitting requirements for stationary sources of GHGs under the CAA PSD and title V programs, on June 3, 2010, the EPA published a final rule entitled ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule'' (hereinafter referred to as the GHG Tailoring Rule). See 75 FR 31514. In Step 1 of the GHG Tailoring Rule, which began on January 2, 2011, the EPA limited application of PSD and title V requirements to sources of GHG emissions only if they were subject to PSD or title V ``anyway'' due to their emissions of pollutants other than GHGs. These sources are referred to as ``anyway sources.'' --------------------------------------------------------------------------- \6\ See the rule entitled ``Reconsideration of Interpretation of Regulations that Determine Pollutants Covered by Clean Air Act Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010). --------------------------------------------------------------------------- In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 2011, the PSD and title V permitting requirements applied to some sources that were classified as major sources based solely on their GHG emissions or potential to emit GHGs. Step 2 also applied PSD permitting requirements to modifications of otherwise major sources that would increase only GHG emissions above the level in the EPA regulations. EPA generally described the sources covered by PSD during Step 2 of the GHG Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.'' Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012. See 77 FR 41051. In this rule, EPA decided against further phase-in of the PSD and title V requirements for sources emitting lower levels of GHG emissions. Thus, the thresholds for determining PSD applicability based on emissions of GHGs remained the same as established in Step 2 of the Tailoring Rule. The GHG PALs portion of the July 12, 2012 final rule revised EPA regulations under 40 CFR part 52 for establishing PALs for GHG emissions. A PAL establishes a site-specific plantwide emission level for a pollutant that allows the source to make changes at the facility without triggering the requirements of the PSD program, provided that emissions do not exceed the PAL level. Under EPA's interpretation of the Federal PAL provisions, such PALs are already available under PSD for non-GHG pollutants and for GHGs on a mass basis. EPA revised the PAL regulations to allow for GHG PALs to be established on a carbon dioxide equivalent (CO2 e) \7\ basis as well. See 77 FR 41051 (July 12, 2012). EPA finalized these changes in an effort to streamline Federal and SIP PSD permitting programs by allowing sources and permitting authorities to address GHGs using PALs in a manner similar to the use of PALs for non-GHG pollutants. --------------------------------------------------------------------------- \7\ CO2 equivalent (CO2 e) emissions refers to emissions of six recognized GHGs other than CO2 which are scaled to equivalent CO2 emissions by relative global warming potential values, then summed with CO2 to determine a total equivalent emissions value. See 40 CFR 51.166(b)(48)(ii) and 52.21(b)(49)(ii). --------------------------------------------------------------------------- On June 23, 2014, the U.S. Supreme Court addressed the application of stationary source permitting requirements to GHG emissions in Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The Supreme Court upheld EPA's regulation of Step 1--or ``anyway'' sources--but held that EPA may not treat GHGs as air pollutants for the purposes of determining whether a source is a major source (or a modification thereof) and thus require the source to obtain a PSD or title V permit. Therefore, the Court invalidated PSD and title V permitting requirements for Step 2 sources. In accordance with the Supreme Court decision, on April 10, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued an Amended Judgment vacating the regulations that implemented Step 2 of the GHG Tailoring Rule, but not the regulations that implement Step 1 of the GHG Tailoring Rule. Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 2015). With respect to Step 2 sources, the D.C. Circuit's Judgment vacated the EPA regulations under review (including 40 CFR 51.166(b)(48)(v) and 40 CFR 52.21(b)(49)(v)) ``to the extent they require a stationary source to obtain a PSD permit if greenhouse gases are the only pollutant (i) that the source emits or has the potential to emit above the applicable major source thresholds, or (ii) for which there is a significant emissions increase from a modification.'' Id. at 7-8. EPA promulgated a good cause final rule on August 19, 2015, entitled ``Prevention of Significant Deterioration and Title V Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.'' See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the Good Cause GHG Rule). The rule removed from the Federal regulations the portions of the PSD permitting provisions for Step 2 sources that were vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and 52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct PSD permitting for Step 2 sources, nor can EPA approve provisions submitted by a state for inclusion in its SIP providing this authority. In addition, on October 3, 2016, EPA proposed to revise provisions in the PSD permitting regulations applicable to GHGs to fully conform with UARG and the Amended Judgment, but those revisions have not been finalized. See 81 FR 68110. By revising the IBR date of 40 CFR 52.21 to February 17, 2016, Mississippi's June 7, 2016 SIP revision incorporates the GHG Step 3 Rule and removes permitting requirements for Step 2 sources. B. Grandfather Provisions for 2012 Primary Annual PM2.5 and 2015 Ozone NAAQS Pursuant to section 165(a)(3)(B) of the CAA and the implementing PSD regulations at 40 CFR 52.21(k)(1) and [[Page 37017]] 51.166(k)(1), EPA requires that PSD permit applications include a demonstration that emissions from the proposed facility will not cause or contribute to a violation of any NAAQS that is in effect on the date the PSD permit is issued. On January 15, 2013 (78 FR 3086), and October 26, 2015 (80 FR 65292), EPA published new primary annual PM2.5 NAAQS and 8-hour ozone NAAQS, respectively. In these two revisions to the NAAQS, EPA established limited grandfathering provisions for certain PSD permit applications pending on the effective date of these revised NAAQS. Additionally, the revisions to both standards included the option to allow states and other air agencies that issue PSD permits under SIP-approved PSD programs to adopt a comparable grandfathering provision, as long as the provision is at least as stringent as that added to 40 CFR 51.166. For the 2012 primary annual PM2.5 NAAQS, sources with PSD permit applications that meet one of the following conditions would be allowed to give a demonstration that the source requesting the permit does not cause or contribute to a violation of the NAAQS based on the previous 1997 primary annual PM2.5 standard instead of the revised 2012 standard: (1) Applications that have been determined to be complete on or before December 14, 2012; or (2) applications for which public notice of a draft permit or preliminary determination has been published as of the effective date of the revised 2012 PM2.5 NAAQS (March 18, 2013). For the 2015 8-hour ozone NAAQS revision, sources with PSD permit applications that meet one of the following conditions would be allowed to give a demonstration that the source requesting the permit does not cause or contribute to a violation of the NAAQS based on the previous 2008 8-hour ozone standard, instead of the revised 2015 standard: (1) Applications for which the reviewing authority has formally determined that the application is complete on or before October 1, 2015; or (2) applications for which the reviewing authority has first published a public notice of the draft permit or preliminary determination before the effective date of the revised 2015 8-hour ozone NAAQS (December 28, 2015). By revising the IBR date of 40 CFR 52.21 to February 17, 2016, Mississippi's June 7, 2016 SIP revision incorporates both the 2012 annual PM2.5 and 2015 8-hour ozone grandfathering provisions for the PSD program. C. PM2.5 Condensables Correction Rule On May 16, 2008, EPA finalized a rule titled ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5 ),'' Final Rule, 73 FR 28321 (May 16, 2008) (hereinafter referred to as the 2008 NSR PM2.5 Rule). The 2008 NSR PM2.5 Rule revised the Federal NSR program requirements to establish the framework for implementing preconstruction permit review for the PM2.5 NAAQS in both attainment and NAAs. Among other things, the rule revised the definition of ``regulated NSR pollutant'' for PSD to add a paragraph providing that ``particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures'' and that on or after January 1, 2011, ``such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in permits.'' See 73 FR 28321 at 28348. A similar paragraph added to the nonattainment new source review (NNSR) rule does not include ``particulate matter (PM) emissions.'' See 40 CFR 51.165(a)(1)(xxxvii)(D). On October 25, 2012, EPA took final action to amend the definition of ``regulated NSR pollutant'' promulgated in the 2008 NSR PM2.5 Rule regarding the PM condensable provision at 40 CFR 51.166(b)(49)(vi), 52.21(b)(50)(i) and Appendix S to 40 CFR 51. See 77 FR 65107. The PM2.5 Condensables Correction Rule removed the inadvertent requirement in the 2008 NSR PM2.5 Rule that the measurement of condensable particulate matter be included as part of the measurement and regulation of ``particulate matter emissions'' under the PSD program. The term ``particulate matter emissions'' includes filterable particles that are larger than PM2.5 or PM10 and is an indicator measured under various New Source Performance Standards (NSPS). See 40 CFR part 60.\8\ --------------------------------------------------------------------------- \8\ In addition to the NSPS, states regulated ``particulate matter emissions'' for many years in their SIPs for PM, and the same indicator has been used as a surrogate for determining compliance with certain standards contained in 40 CFR part 63, regarding National Emission Standards for Hazardous Air Pollutants. --------------------------------------------------------------------------- By revising the IBR date of 40 CFR 52.21 to February 17, 2016, Mississippi's June 7, 2016 SIP revision captures the PM2.5 Condensables Correction Rule promulgated by EPA on October 25, 2012. See 77 FR 65107. III. Analysis of State's Submittal Mississippi currently has a SIP-approved NSR program for PSD at 11- MAC-Part 2-5, including the regulation of GHGs under Step 1 and Step 2 of the GHG Tailoring Rule. The June 7, 2016 submittal revises the PSD regulations by changing the incorporation by reference date of 40 CFR 52.21 and 40 CFR 51.166 at 11-MAC-Part 2-5 Rule 5.1 and Rule 5.2 from November 4, 2011, to February 17, 2016.\9\ The effect of changing this incorporation by reference date at 40 CFR 52.21 is to include four changes to the PSD rules: (1) The adoption of GHG PAL provisions pursuant to the GHG Step 3 Rule; (2) the removal of permitting requirements for Step 2 sources; (3) the incorporation of 2012 PM2.5 and 2015 8-hour ozone NAAQS grandfathering provisions; and (4) the incorporation of the correction to the PM2.5 condensables provision as promulgated in the PM2.5 Condensables Correction Rule. --------------------------------------------------------------------------- \9\ As noted above, 11-MAC-Part 2-5 incorporates by reference 40 CFR 52.21 with the exceptions noted in Rule 5.2 and incorporates by reference 40 CFR 51.166(f) and (q) with the exceptions noted in Rule 5.4. --------------------------------------------------------------------------- Mississippi's June 7, 2016 SIP revision seeks to add to the SIP elements of the EPA's July 12, 2012 rule implementing Step 3 of the phase-in of PSD permitting requirements for GHGs described in the GHG Step 3 Rule. Specifically, the incorporation of the GHG Step 3 Rule provisions will allow GHG-emitting sources to obtain PALs for their GHG emissions on a CO2e basis. As explained in Section II.A above, a PAL establishes a site-specific plantwide emission level for a pollutant, which allows the source to make changes to individual units at the facility without triggering the requirements of the PSD program, provided that facility-wide emissions do not exceed the PAL. The Federal GHG PAL regulations include provisions that apply solely to GHG-only, or Step 2, sources. Some of these provisions may no longer be applicable in light of the Supreme Court's decision in UARG and the D.C. Circuit's Amended Judgment. Since the Supreme Court has determined that sources and modifications may not be defined as ``major'' solely on the basis of GHGs emitted or increased, PALs for GHGs may no longer have value in some situations where a source might have triggered PSD based on GHG emissions alone. EPA has proposed action in an October 3, 2016 proposed rule to clarify the GHG PAL rules. See 81 FR 68110. However, PALs for GHGs may still have a role to play in determining whether a [[Page 37018]] source that is already subject to PSD for a pollutant other than GHGs should also be subject to PSD for GHGs. Moreover, the existing GHG PALs regulations do not add new requirements for sources or modifications that only emit or increase greenhouse gases above the major source threshold or the 75,000 ton per year GHG level in 40 CFR 52.21(b)(49)(iv). Rather, the PALs provisions provide increased flexibility to sources that wish to address their GHG emissions in a PAL. Since this flexibility may still be valuable to sources in at least one context described above, the Agency believes that it is appropriate to approve these provisions into the Mississippi SIP at this time. Mississippi's June 7, 2016 submittal incorporates the Federal PSD provisions as of February 17, 2016, which is after the UARG decision, the D.C. Circuit's Amended Judgment, and EPA's August 19, 2015 Good Cause GHG Rule. Therefore, Mississippi incorporates fixes to the Federal rules to discontinue regulation of GHG-only, or Step 2, sources with this SIP revision. EPA is approving the removal of the regulation of Step 2 sources with this action. EPA has concluded that approving these changes into the SIP will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA. Step 2 of the GHG Tailoring Rule was invalidated. EPA discussed the effects of PALs in the Supplemental Environmental Analysis of the Impact of the 2002 Final NSR Improvement Rules (November 21, 2002) (Supplemental Analysis). The Supplemental Analysis explained, ``[t]he EPA expects that the adoption of PAL provisions will result in a net environmental benefit. Our experience to date is that the emissions caps found in PAL-type permits result in real emissions reductions, as well as other benefits.'' Supplemental Analysis at 6; see also 76 FR 49313, 49315 (August 10, 2011). EPA is therefore approving the PALs provisions into the Mississippi SIP, as incorporated by reference. Mississippi's June 7, 2016 SIP revision also incorporates revisions to the PSD permitting requirements for both the 2012 primary annual PM2.5 (See 78 FR 3086 (January 15, 2013)) and the 2015 ozone 8-hour (See 80 FR 65292 (October 26, 2015)) NAAQS. The new incorporation by reference date adds limited grandfathering provisions for both standards that allows sources who are eligible to meet the previous standard for these NAAQS instead of the newly promulgated standards. EPA is approving these grandfathering provisions of the 2012 primary annual PM2.5 and the 2015 8-hour ozone NAAQS, as incorporated by reference. EPA has concluded that this change will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA. The rationale for allowing states to include these grandfathering provisions into their SIPs is discussed in detail at 78 FR 3086 (January 15, 2013) (2012 primary annual PM2.5 NAAQS) and 80 FR 65292 (October 26, 2015) (2015 8-hour ozone NAAQS). EPA is therefore approving these grandfathering provisions into the Mississippi SIP, as incorporated by reference. Finally, by changing the incorporation by reference date for 11- MAC-Part 2-5 in the SIP revision, Mississippi also adopts changes made by EPA in the PM2.5 Condensables Correction Rule. See 77 FR 65107 (October 25, 2012). As explained in Section II.C, the Federal rule corrected an inadvertent error in the definition of ``regulated NSR pollutant'' at 40 CFR 52.21(b)(50). EPA has concluded that this change will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA, and is approving this revision to the Mississippi SIP. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Rule 5.1 and Rule 5.2 at Mississippi Administrative Code, Title 11, Part 2, Chapter 5, entitled ``Regulations for the Prevention of Significant Deterioration of Air Quality,'' effective May 28, 2016, which revises PSD rules.\10\ Therefore, these materials have been approved by EPA for inclusion in the SIP, 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 by the Director of the Federal Register in the next update to the SIP compilation.\11\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \10\ See footnotes 3 and 5 for additional detail. \11\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Final Action EPA is taking a direct final action to approve the portion of Mississippi's June 7, 2016 SIP revision to update the IBR date for the Federal requirements of the PSD program. This SIP revision is intended to make Mississippi's state permitting rule consistent with the Federal requirements, as promulgated by EPA. The June 7, 2016 SIP submission updates the IBR date at 11-MAC-Part 2-5 to February 17, 2016, for the Federal PSD permitting regulations at 40 CFR 52.21 and 51.166. By revising the IBR date, this SIP revision modifies the existing GHG PSD permitting program and incorporates PSD provisions related to the 2012 primary annual PM2.5 and 2015 8-hour ozone NAAQS. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective October 10, 2017 without further notice unless the Agency receives adverse comments by September 7, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 10, 2017 and no further action will be taken on the proposed rule. VI. 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 approves state law as meeting Federal requirements and does not impose additional requirements beyond [[Page 37019]] 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 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 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. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. 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 October 10, 2017. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Nitrogen dioxide, Ozone, Particulate matter, Volatile organic compounds. Dated: July 25, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart Z--Mississippi 0 2. Section 52.1270(c) is amended by adding in alphanumerical order the undesignated heading ``11-MAC--Part 2-5 Regulations for the Prevention of Significant Deterioration of Air Quality'' and entries for ``Rule 5.1'' and ``Rule 5.2'' to read as follows: Sec. 52.1270 Identification of plan. * * * * * (c) * * * EPA-Approved Mississippi Regulations ---------------------------------------------------------------------------------------------------------------- State State Title/subject effective EPA approval date Explanation citation date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 11-MAC--Part 2-5 Regulations for the Prevention of Significant Deterioration of Air Quality ---------------------------------------------------------------------------------------------------------------- Rule 5.1.... Purpose of this regulation....... 5/28/2016 8/8/2017, [Insert The version of Rule citation of publication]. 5.1 in the SIP does not incorporate by reference: (1) The provisions amended in the Ethanol Rule (published in the Federal Register May 1, 2007) to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provisions at 40 CFR 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). As discussed in [Insert citation of publication], EPA approved renaming and reformatting changes to the State's SIP- approved PSD regulations via a July 20, 2017, Letter Notice. [[Page 37020]] Rule 5.2.... Adoption of Federal Rules by 5/28/2016 8/8/2017, [Insert The version of Rule Reference. citation of publication]. 5.2 in the SIP does not incorporate by reference: (1) The provisions amended in the Ethanol Rule (published in the Federal Register May 1, 2007) to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provisions at 40 CFR 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). As discussed in [Insert citation of publication], EPA approved renaming and reformatting changes to the State's SIP- approved PSD regulations via a July 20, 2017 Letter Notice. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-16616 Filed 8-7-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37015
Authority: 42 U.S.C. 7401 et seq. unless EPA receives adverse comment renames the State’s PSD regulations in
by September 7, 2017. If EPA receives the SIP from APC–S–5 to Mississippi
Subpart H—Connecticut such comments, it will publish a timely Administrative Code, Title 11, Part 2,
■ 2. Section 52.386 is amended by withdrawal of the direct final rule in the Chapter 5 (hereinafter referred to as
redesignating the undesignated Federal Register and inform the public Regulation 11–MAC–Part 2–5), and
paragraph as paragraph (a) and adding that the rule will not take effect. makes formatting changes to these
paragraph (b) to read as follows: ADDRESSES: Submit your comments, regulations. EPA approved these
identified by Docket ID No. EPA–R04– administrative changes to the PSD
§ 52.386 Section 110(a)(2) infrastructure OAR–2017–0188 at http:// regulations in a Letter Notice dated July
requirements. www.regulations.gov. Follow the online 20, 2017.2
* * * * * instructions for submitting comments. EPA is approving the portion of
(b) On May 30, 2013, the State of Once submitted, comments cannot be Mississippi’s submittal that makes
Connecticut submitted a State edited or removed from Regulations.gov. changes to the State’s PSD program, as
Implementation Plan (SIP) revision EPA may publish any comment received established in MDEQ’s Regulation 11–
addressing the Section 110(a)(2)(D)(i)(I) to its public docket. Do not submit MAC–Part 2–5, which applies to the
interstate transport requirements of the electronically any information you construction or modification of any
Clean Air Act for the 2010 SO2 National consider to be Confidential Business major stationary source in areas
Ambient Air Quality Standards Information (CBI) or other information designated as attainment or
(NAAQS). EPA has found that whose disclosure is restricted by statute. unclassifiable as required by part C of
Connecticut’s May 30, 2013 submittal Multimedia submissions (audio, video, title I of the CAA. This SIP revision is
meets the requirements of Section etc.) must be accompanied by a written intended to make Mississippi’s state
110(a)(2)(D)(i)(I) for the 2010 SO2 comment. The written comment is PSD permitting rule consistent with the
NAAQS. considered the official comment and Federal requirements, as promulgated
[FR Doc. 2017–16487 Filed 8–7–17; 8:45 am] should include discussion of all points by EPA. The June 7, 2016 submittal
BILLING CODE 6560–50–P you wish to make. EPA will generally updates the IBR date at 11–MAC–Part
not consider comments or comment 2–5 Rule 5.1 and Rule 5.2 from
contents located outside of the primary November 4, 2011, to February 17, 2016,
ENVIRONMENTAL PROTECTION submission (i.e., on the web, cloud, or for the Federal PSD permitting
AGENCY other file sharing system). For regulations at 40 CFR 52.21 and 51.166.3
additional submission methods, the full By modifying the IBR date of 40 CFR
40 CFR Part 52 EPA public comment policy, 52.21, Mississippi is making four
[EPA–R04–OAR–2017–0188; FRL–9965–70- information about CBI or multimedia changes to its PSD rules: (1) Adopting
Region 4] submissions, and general guidance on provisions for GHG plantwide
making effective comments, please visit applicability limitations (PALs); (2)
Air Plan Approval; Mississippi: http://www2.epa.gov/dockets/ removing permitting requirements for
Prevention of Significant Deterioration commenting-epa-dockets. certain GHG sources; (3) incorporating
Updates grandfathering provisions for the 2012
FOR FURTHER INFORMATION CONTACT:
AGENCY: Environmental Protection Andres Febres of the Air Regulatory primary annual PM2.5 4 NAAQS
Agency (EPA). Management Section, Air Planning and
the CAA and applies in areas that are not in
ACTION: Direct final rule. Implementation Branch, Air, Pesticides attainment of the NAAQS—‘‘nonattainment areas.’’
and Toxics Management Division, U.S. The Minor NSR program addresses construction or
SUMMARY: The Environmental Protection Environmental Protection Agency, modification activities that do not qualify as
Agency (EPA) is approving a portion of Region 4, 61 Forsyth Street SW., ‘‘major’’ and applies regardless of the designation
the State Implementation Plan (SIP) of the area in which a source is located. Together,
Atlanta, Georgia 30303–8960. Mr. these programs are referred to as the NSR programs.
revision submitted by Mississippi, Febres can be reached via telephone at 2 Mississippi submitted a supplemental letter on
through the Mississippi Department of (404) 562–8966 or via electronic mail at May 7, 2017, clarifying its intent to incorporate
Environmental Quality (MDEQ), Office febres-martinez.andres@epa.gov. these renaming and reformatting changes of APC–
of Pollution Control, on June 7, 2016. SUPPLEMENTARY INFORMATION:
S–5 into the SIP.
3 11–MAC–Part 2–5 incorporates by reference 40
Specifically, this action approves the
I. What action is the Agency taking? CFR 52.21 with the exceptions noted in Rule 5.2
portion of the SIP revision making and incorporates by reference 40 CFR 51.166(f) and
changes to Mississippi’s Prevention of On June 7, 2016, MDEQ submitted a (q) with the exceptions noted in Rule 5.4.
Significant Deterioration (PSD) program SIP revision for EPA’s approval that 4 Airborne particulate matter (PM) with a nominal
by modifying the incorporation by includes changes to Mississippi’s aerodynamic diameter of 2.5 micrometers or less (a
reference (IBR) date for the Federal PSD micrometer is one-millionth of a meter, and 2.5
regulations to make them consistent micrometers is less than one-seventh the average
regulations promulgated by EPA. By with Federal requirements for the New width of a human hair) are considered to be ‘‘fine
changing this date, approval of the SIP Source Review (NSR) permitting particles’’ and are also known as PM2.5. Fine
revision modifies the existing program, in particular for PSD particles in the atmosphere are made up of a
Greenhouse Gas (GHG) PSD permitting complex mixture of components including sulfate;
permitting.1 Additionally, the submittal nitrate; ammonium; elemental carbon; a great
program and incorporates PSD variety of organic compounds; and inorganic
provisions related to the 1997, 2006, 1 EPA’s regulations governing the implementation material (including metals, dust, sea salt, and other
asabaliauskas on DSKBBXCHB2PROD with RULES
and 2012 fine particulate matter (PM2.5) of NSR permitting programs are contained in 40 trace elements) generally referred to as ‘‘crustal’’
and 2015 8-hour ozone National CFR 51.160—51.166; 52.21, 52.24; and part 51, material, although it may contain material from
Appendix S. The CAA NSR program is composed other sources. On July 18, 1997, EPA revised the
Ambient Air Quality Standards of three separate programs: PSD, NNSR, and Minor NAAQS for PM to add new standards for fine
(NAAQS). This action is being taken NSR. PSD is established in part C of title I of the particles, using PM2.5 as the indicator. Previously,
pursuant to the Clean Air Act (CAA or CAA and applies in areas that meet the NAAQS— EPA used PM10 (inhalable particles smaller than or
Act) and its implementing regulations. ‘‘attainment areas’’—as well as areas where there is equal to 10 micrometers in diameter) as the
insufficient information to determine if the area indicator for the PM NAAQS. EPA established
DATES: This direct final rule is effective meets the NAAQS—‘‘unclassifiable areas.’’ The health-based (primary) annual and 24-hour
October 10, 2017 without further notice, NNSR program is established in part D of title I of Continued
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![37018 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
source that is already subject to PSD for is approving these grandfathering (please contact the person identified in
a pollutant other than GHGs should also provisions of the 2012 primary annual the FOR FURTHER INFORMATION CONTACT
be subject to PSD for GHGs. PM2.5 and the 2015 8-hour ozone section of this preamble for more
Moreover, the existing GHG PALs NAAQS, as incorporated by reference. information).
regulations do not add new EPA has concluded that this change will
requirements for sources or V. Final Action
not interfere with any applicable
modifications that only emit or increase requirement concerning attainment and EPA is taking a direct final action to
greenhouse gases above the major reasonable further progress (as defined approve the portion of Mississippi’s
source threshold or the 75,000 ton per in section 171), or any other applicable June 7, 2016 SIP revision to update the
year GHG level in 40 CFR requirement of the CAA. The rationale IBR date for the Federal requirements of
52.21(b)(49)(iv). Rather, the PALs for allowing states to include these the PSD program. This SIP revision is
provisions provide increased flexibility grandfathering provisions into their SIPs intended to make Mississippi’s state
to sources that wish to address their is discussed in detail at 78 FR 3086 permitting rule consistent with the
GHG emissions in a PAL. Since this (January 15, 2013) (2012 primary annual Federal requirements, as promulgated
flexibility may still be valuable to PM2.5 NAAQS) and 80 FR 65292 by EPA. The June 7, 2016 SIP
sources in at least one context described (October 26, 2015) (2015 8-hour ozone submission updates the IBR date at 11–
above, the Agency believes that it is NAAQS). EPA is therefore approving MAC-Part 2–5 to February 17, 2016, for
appropriate to approve these provisions these grandfathering provisions into the the Federal PSD permitting regulations
into the Mississippi SIP at this time. Mississippi SIP, as incorporated by at 40 CFR 52.21 and 51.166. By revising
Mississippi’s June 7, 2016 submittal reference. the IBR date, this SIP revision modifies
incorporates the Federal PSD provisions Finally, by changing the incorporation the existing GHG PSD permitting
as of February 17, 2016, which is after by reference date for 11–MAC-Part 2–5 program and incorporates PSD
the UARG decision, the D.C. Circuit’s in the SIP revision, Mississippi also provisions related to the 2012 primary
Amended Judgment, and EPA’s August adopts changes made by EPA in the annual PM2.5 and 2015 8-hour ozone
19, 2015 Good Cause GHG Rule. PM2.5 Condensables Correction Rule. NAAQS.
Therefore, Mississippi incorporates See 77 FR 65107 (October 25, 2012). As EPA is publishing this rule without
fixes to the Federal rules to discontinue explained in Section II.C, the Federal prior proposal because the Agency
regulation of GHG-only, or Step 2, rule corrected an inadvertent error in views this as a noncontroversial
sources with this SIP revision. EPA is the definition of ‘‘regulated NSR submittal and anticipates no adverse
approving the removal of the regulation pollutant’’ at 40 CFR 52.21(b)(50). EPA comments. However, in the proposed
of Step 2 sources with this action. has concluded that this change will not rules section of this Federal Register
EPA has concluded that approving interfere with any applicable publication, EPA is publishing a
these changes into the SIP will not requirement concerning attainment and separate document that will serve as the
interfere with any applicable reasonable further progress (as defined proposal to approve the SIP revision
requirement concerning attainment and in section 171), or any other applicable should adverse comments be filed. This
reasonable further progress (as defined requirement of the CAA, and is rule will be effective October 10, 2017
in section 171), or any other applicable approving this revision to the without further notice unless the
requirement of the CAA. Step 2 of the Mississippi SIP. Agency receives adverse comments by
GHG Tailoring Rule was invalidated. September 7, 2017.
EPA discussed the effects of PALs in the IV. Incorporation by Reference If EPA receives such comments, then
Supplemental Environmental Analysis In this rule, EPA is finalizing EPA will publish a document
of the Impact of the 2002 Final NSR regulatory text that includes withdrawing the final rule and
Improvement Rules (November 21, incorporation by reference. In informing the public that the rule will
2002) (Supplemental Analysis). The accordance with requirements of 1 CFR not take effect. All adverse comments
Supplemental Analysis explained, 51.5, EPA is finalizing the incorporation received will then be addressed in a
‘‘[t]he EPA expects that the adoption of by reference of Rule 5.1 and Rule 5.2 at subsequent final rule based on the
PAL provisions will result in a net Mississippi Administrative Code, Title proposed rule. EPA will not institute a
environmental benefit. Our experience 11, Part 2, Chapter 5, entitled second comment period. Parties
to date is that the emissions caps found ‘‘Regulations for the Prevention of interested in commenting should do so
in PAL-type permits result in real Significant Deterioration of Air at this time. If no such comments are
emissions reductions, as well as other Quality,’’ effective May 28, 2016, which received, the public is advised that this
benefits.’’ Supplemental Analysis at 6; revises PSD rules.10 Therefore, these rule will be effective on October 10,
see also 76 FR 49313, 49315 (August 10, materials have been approved by EPA 2017 and no further action will be taken
2011). EPA is therefore approving the for inclusion in the SIP, have been on the proposed rule.
PALs provisions into the Mississippi incorporated by reference by EPA into
SIP, as incorporated by reference. VI. Statutory and Executive Order
that plan, are fully federally enforceable
Mississippi’s June 7, 2016 SIP Reviews
under sections 110 and 113 of the CAA
revision also incorporates revisions to as of the effective date of the final Under the CAA, the Administrator is
the PSD permitting requirements for rulemaking of EPA’s approval, and will required to approve a SIP submission
both the 2012 primary annual PM2.5 (See be incorporated by reference by the that complies with the provisions of the
78 FR 3086 (January 15, 2013)) and the Director of the Federal Register in the Act and applicable Federal regulations.
asabaliauskas on DSKBBXCHB2PROD with RULES
2015 ozone 8-hour (See 80 FR 65292 next update to the SIP compilation.11 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
(October 26, 2015)) NAAQS. The new EPA has made, and will continue to Thus, in reviewing SIP submissions,
incorporation by reference date adds make, these materials generally EPA’s role is to approve state choices,
limited grandfathering provisions for available through www.regulations.gov provided that they meet the criteria of
both standards that allows sources who and/or at the EPA Region 4 Office the CAA. Accordingly, this action
are eligible to meet the previous merely approves state law as meeting
standard for these NAAQS instead of 10 See footnotes 3 and 5 for additional detail. Federal requirements and does not
the newly promulgated standards. EPA 11 62 FR 27968 (May 22, 1997). impose additional requirements beyond
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![Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations 37019
those imposed by state law. For that The SIP is not approved to apply on response to the parallel notice of
reason, this action: any Indian reservation land or in any proposed rulemaking for this action
• Is not a significant regulatory action other area where EPA or an Indian tribe published in the proposed rules section
subject to review by the Office of has demonstrated that a tribe has of today’s Federal Register, rather than
Management and Budget under jurisdiction. In those areas of Indian file an immediate petition for judicial
Executive Orders 12866 (58 FR 51735, country, the rule does not have tribal review of this direct final rule, so that
October 4, 1993) and 13563 (76 FR 3821, implications as specified by Executive EPA can withdraw this direct final rule
January 21, 2011); Order 13175 (65 FR 67249, November 9, and address the comment in the
• does not impose an information 2000), nor will it impose substantial proposed rulemaking. This action may
collection burden under the provisions direct costs on tribal governments or not be challenged later in proceedings to
of the Paperwork Reduction Act (44 preempt tribal law. enforce its requirements. See section
U.S.C. 3501 et seq.); The Congressional Review Act, 5 307(b)(2).
• is certified as not having a U.S.C. 801 et seq., as added by the Small
significant economic impact on a Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
substantial number of small entities Fairness Act of 1996, generally provides Environmental protection, Air
under the Regulatory Flexibility Act (5 that before a rule may take effect, the pollution control, Incorporation by
U.S.C. 601 et seq.); agency promulgating the rule must reference, Nitrogen dioxide, Ozone,
• does not contain any unfunded submit a rule report, which includes a Particulate matter, Volatile organic
mandate or significantly or uniquely copy of the rule, to each House of the compounds.
affect small governments, as described Congress and to the Comptroller General
Dated: July 25, 2017.
in the Unfunded Mandates Reform Act of the United States. EPA will submit a
report containing this action and other V. Anne Heard,
of 1995 (Pub. L. 104–4);
• does not have Federalism required information to the U.S. Senate, Acting Regional Administrator, Region 4.
implications as specified in Executive the U.S. House of Representatives, and 40 CFR part 52 is amended as follows:
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United
1999); States prior to publication of the rule in PART 52—APPROVAL AND
• is not an economically significant the Federal Register. A major rule PROMULGATION OF
regulatory action based on health or cannot take effect until 60 days after it IMPLEMENTATION PLANS
safety risks subject to Executive Order is published in the Federal Register.
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
• is not a significant regulatory action defined by 5 U.S.C. 804(2). continues to read as follows:
subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, Authority: 42 U.S.C. 7401 et seq.
28355, May 22, 2001); petitions for judicial review of this
• is not subject to requirements of action must be filed in the United States Subpart Z—Mississippi
Section 12(d) of the National Court of Appeals for the appropriate
Technology Transfer and Advancement circuit by October 10, 2017. Filing a ■ 2. Section 52.1270(c) is amended by
Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the adding in alphanumerical order the
application of those requirements would Administrator of this final rule does not undesignated heading ‘‘11–MAC—Part
be inconsistent with the CAA; and affect the finality of this action for the 2–5 Regulations for the Prevention of
• does not provide EPA with the purposes of judicial review nor does it Significant Deterioration of Air Quality’’
discretionary authority to address, as extend the time within which a petition and entries for ‘‘Rule 5.1’’ and ‘‘Rule
appropriate, disproportionate human for judicial review may be filed, and 5.2’’ to read as follows:
health or environmental effects, using shall not postpone the effectiveness of
practicable and legally permissible such rule or action. Parties with § 52.1270 Identification of plan.
methods, under Executive Order 12898 objections to this direct final rule are * * * * *
(59 FR 7629, February 16, 1994). encouraged to file a comment in (c) * * *
EPA-APPROVED MISSISSIPPI REGULATIONS
State State effective
Title/subject EPA approval date Explanation
citation date
* * * * * * *
11–MAC—Part 2–5 Regulations for the Prevention of Significant Deterioration of Air Quality
Rule 5.1 Purpose of this regulation .. 5/28/2016 8/8/2017, [Insert ci- The version of Rule 5.1 in the SIP does not incorporate by
tation of publica- reference: (1) The provisions amended in the Ethanol Rule
tion]. (published in the Federal Register May 1, 2007) to ex-
clude facilities that produce ethanol through a natural fer-
mentation process from the definition of ‘‘chemical process
asabaliauskas on DSKBBXCHB2PROD with RULES
plants’’ in the major NSR source permitting program found
at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provi-
sions at 40 CFR 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). As
discussed in [Insert citation of publication], EPA approved
renaming and reformatting changes to the State’s SIP-ap-
proved PSD regulations via a July 20, 2017, Letter Notice.
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![37020 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules and Regulations
EPA-APPROVED MISSISSIPPI REGULATIONS—Continued
State State effective
Title/subject EPA approval date Explanation
citation date
Rule 5.2 Adoption of Federal Rules 5/28/2016 8/8/2017, [Insert ci- The version of Rule 5.2 in the SIP does not incorporate by
by Reference. tation of publica- reference: (1) The provisions amended in the Ethanol Rule
tion]. (published in the Federal Register May 1, 2007) to ex-
clude facilities that produce ethanol through a natural fer-
mentation process from the definition of ‘‘chemical process
plants’’ in the major NSR source permitting program found
at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provi-
sions at 40 CFR 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). As
discussed in [Insert citation of publication], EPA approved
renaming and reformatting changes to the State’s SIP-ap-
proved PSD regulations via a July 20, 2017 Letter Notice.
* * * * * * *
* * * * * while many of the documents in the any substantive revisions to the Nevada
[FR Doc. 2017–16616 Filed 8–7–17; 8:45 am] docket are listed at https:// Regional Haze SIP. Our proposal
BILLING CODE 6560–50–P www.regulations.gov, some information discussed each element required under
may be publicly available only at the 40 CFR 51.308(g), (h), and (i) for an
hard copy location (e.g., copyrighted approvable progress report, summarized
ENVIRONMENTAL PROTECTION material, large maps, multi-volume how the Progress Report addressed each
AGENCY reports, or otherwise voluminous element, and provided our evaluation of
materials), and some may not be the adequacy of the Progress Report for
40 CFR Part 52 available at either location (e.g., each element. Please refer to our
[EPA–R09–OAR–2015–0316; FRL–9964–74- confidential business information). To proposed rule for background
Region 9] inspect the hard copy materials that are information on the Regional Haze Rule,
publicly available, please schedule an the Nevada Regional Haze SIP, and the
Approval and Promulgation of State appointment during normal business specific requirements for progress
Implementation Plans; Nevada; hours with the contact listed directly reports.
Regional Haze Progress Report below. II. Public Comments and EPA
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Responses
Agency (EPA). Krishna Viswanathan, EPA, Region IX, We received comment letters on our
ACTION: Final rule. Air Division, AIR–2, 75 Hawthorne proposed approval of the Progress
Street, San Francisco, CA 94105. Report from NDEP,1 the Sierra Club
SUMMARY: The Environmental Protection Krishna Viswanathan may be reached at jointly with the National Parks
Agency (EPA) is approving a revision to (520) 999–7880 or Conservation Association (‘‘NGOs’’),2
the Nevada Regional Haze State viswanathan.krishna@epa.gov. and two additional, anonymous
Implementation Plan (SIP) submitted by SUPPLEMENTARY INFORMATION: commenters.3 The following discussion
the Nevada Division of Environmental contains our summary of the comments
Table of Contents
Protection. The revision consists of the and our response to each significant
‘‘Nevada Regional Haze 5-Year Progress I. Overview of Proposed Action comment.
Report’’ that addresses Regional Haze II. Public Comments and EPA Responses
Rule requirements under the Clean Air III. Summary of Final Action Comments From NDEP
IV. Statutory and Executive Order Reviews
Act to document progress towards Comment: NDEP commented that the
achieving visibility goals by 2018 in I. Overview of Proposed Action EPA’s characterization of the retirement
Class I Federal areas in Nevada and The Nevada Division of of Reid Gardner Generating Station
nearby states. The EPA is taking final Environmental Protection (NDEP or ‘‘the (RGGS) units 1, 2 and 3 and Tracy
action to approve Nevada’s Generating Station units 1 and 2, as well
State’’) submitted the Nevada Regional
determination that the regional haze as switching of several units at Tracy
Haze 5-Year Progress Report (‘‘Progress
requirements in the existing Nevada and Fort Churchill Generating Stations
Report’’) to the EPA on November 18,
Regional Haze SIP do not require any to natural gas as ‘‘largely in response to
2014, to satisfy the Regional Haze Rule
substantive revision at this time. Senate Bill (SB) 123 (2013 Legislative
requirements codified at 40 CFR
DATES: This rule is effective September Session)’’ was not accurate. NDEP
51.308(g), (h), and (i). As described in
7, 2017. commented that the retirement of units
our proposal, NDEP has demonstrated
1, 2 and 3 at RGGS was a response to
asabaliauskas on DSKBBXCHB2PROD with RULES
ADDRESSES: The EPA has established in its Progress Report that the emission
docket number EPA–R09–OAR–2015– control measures in the existing Nevada 1 Letter from Jeffrey Kinger (NDEP) to Vijay
0316 for this action. Generally, Regional Haze SIP are adequate to make Limaye (EPA) (October 19, 2015).
documents in the docket are available progress towards the reasonable 2 Letter from Gloria D. Smith (Sierra Club) and
electronically at https:// progress goals (RPGs) in Class I Federal Stephanie Kodish (NPCA) to Vijay Limaye (EPA)
(October 19, 2015)(‘‘NGOs’ Comment Letter’’).
www.regulations.gov or in hard copy at areas in Nevada and in nearby states 3 See Comments EPA–R09–OAR–2015–0316–
EPA Region 9, 75 Hawthorne Street, San that may be affected by emissions from 0070 and EPA–R09–OAR–2015–0316–0073 in the
Francisco, California. Please note that sources in Nevada without requiring docket.
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Document Created: 2017-08-08 00:17:21
Document Modified: 2017-08-08 00:17:21
| 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 | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective October 10, 2017 without further notice, unless EPA receives adverse comment by September 7, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Andres Febres of 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. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 37015 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter and Volatile Organic Compounds |
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