Approval and Promulgation of Implementation Plans Revision to New Source Review, Construction and Operating Permit Requirements, Mississippi

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS-16-1-5988a; FRL-5070-4]

Approval and Promulgation of Implementation Plans Revision to New

Source Review, Construction and Operating Permit Requirements,

Mississippi

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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ENVIRONMENTAL PROTECTION AGENCY

SUMMARY: The EPA is approving revisions to the Mississippi State

Implementation Plan (SIP), incorporating the State's changes to

regulations for construction of new sources. Requirements for

Prevention of Significant Deterioration are unchanged. These changes

include provisions for public participation and public availability of

information concerning applications for construction permits. These

revisions were made to satisfy the requirements for issuing federally

enforceable minor source construction permits. Also, the State has

revised requirements for new or modified sources significantly

impacting nonattainment areas by removing exemptions for certain source

categories. The EPA interprets the provisions for ``II. D. Permit

Modification Due to Modification in Facilities'' and ``II. E.

Modification of Permits Without Modification of Facilities'' as not

allowing permit relaxations without meeting the procedural and

substantive requirements for a new permit to construct.

DATES: This final rule will be effective November 14, 1994 unless

adverse or critical comments are received by October 17, 1994. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region

IV address listed below. Copies of the material submitted by the State

of Mississippi may be examined during normal business hours at the

following locations:

Air and Radiation Docket and Information Center (Air Docket 6102),

U.S. Environmental Protection Agency, 401 M Street, SW., Washington DC

20460.

Environmental Protection Agency, Region IV Air Programs Branch, 345

Courtland Street NE., Atlanta, Georgia 30365.

Mississippi Department of Environmental Quality, Office of

Pollution Control, Air Quality Division, 2380 Highway 80 West Jackson,

Mississippi 39289-0385.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning

and Development Section, Air Programs Branch, Stationary Source

Planning Unit, Region IV, U.S. Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365, (404)347-3555 extension

4195.

SUPPLEMENTARY INFORMATION: On June 14, 1991, the State of Mississippi

through the Department of Environmental Quality (DEQ) submitted a SIP

revision incorporating changes in the State's New Source Review (NSR)

program for permitting the construction of new sources. The revisions

amend the State's permitting regulations APC-S-2 ``Regulations for the

construction and/or Operation of Air Emissions Equipment'' to

incorporate ``moderate stationary sources'' into the existing

regulations which are required in 40 CFR part 51, subpart I. The State

of Mississippi has defined certain synthetic minor sources (i.e. those

sources which have voluntarily requested lowered emission or

operational levels which may allow them to avoid being classified as a

major stationary source) as ``moderate stationary sources'' and has

incorporated the requirements for these sources into the State

regulations. The submittal satisfies 40 CFR 51.160 because section

VI.A. provides that a new or modified source must not cause a violation

of any applicable rule or regulation (including provisions of the SIP)

and must not interfere with attainment and maintenance of the National

Ambient Air Quality Standard.

The Mississippi Department of Environmental Quality developed

regulations to issue federally enforceable construction permits to

minor sources so that any of these sources which would otherwise have

the potential to emit greater than the applicability threshold for

Prevention of Significant Deterioration (PSD) may be legally permitted

below that threshold. The State's NSR permit and operating permit

programs meet the requirements for new operating permit programs based

on the criteria established in the June 28, 1989 Federal Register (54

FR 27274).

The major amendments to the SIP are:

(1) The entire submittal has been renumbered.

(2) Several definitions relating to PSD have been added that are

consistent with Federal requirements. The added definitions are:

a. Incorporated by reference.

b. Corporate Officer.

c. DEQ.

d. Moderate Modification.

e. Moderate Stationary Source.

f. Modification.

g. Potential emissions increase.

h. Potential uncontrolled emissions.

(3) General Permit Requirements.

a. The section ``General Permit Requirements,'' has been reworded to

include a description of the types of permits that the permit board

will issue.

b. The section ``Tolerance Permits'' has been deleted.

c. The section ``Transfer of Permits'' has been moved and changed to

Permit Transfers. The section on Permit Transfers defines transfer

and sets the parameters in which a transfer would be approved by the

Permit Board.

d. The section ``Preliminary Information Requirements,'' has been

deleted.

(4) General Standards Applicable To All Permits.

a. The section ``General Standards Applicable To All Permits,'' has

been added and lists all of the applicable regulations that must be

met in order to receive a permit.

b. The section ``General Provisions,'' has been added and covers

information that must be submitted to the Permit Board before a

permit can be issued.

c. The section ``Permit Suspension or Revocation,'' has been edited

to better explain the various reasons that a permit can be suspended

or revoked.

d. The sections ``Permit Modification Due to Modification of

Facilities'' and ``Modification of Permits Without Modification of

Facilities'' have been added and explain when a facility may modify

its permit.

(5) Standards For Granting Permit To Operate An Existing Facility.

The section ``Standards for Granting Permit To Operate,'' has been

re-titled ``Standards For Granting Permit To Operate An Existing

Facility'' and has several changes reflecting the renumbering of the

submittal.

(6) Application For Permit To Construct And Permit To Operate New

Facility.

The section ``Application For Permit To Construct And Permit To

Operate New Facility'' has been amended and specifies the

requirements for an application for a permit to construct and

operate.

(7) Public Participation and Public Availability of Information.

The section ``Public Participation and Public Availability of

Information'' is a new section and provides the public information

and participation procedures on any application for a permit to

construct.

(8) Application Review.

a. The section ``Standards for Approving an Application for a Permit

to Construct and a Permit to Operate a New Facility'' has been

modified and provides the substantive requirements for such permits.

b. The section ``Air Quality Models'' is a new section that explains

when and which Air Quality Models may be used.

c. The section ``Additional Requirements for Prevention of

Significant Deterioration of Air Quality'' has been removed.

d. The section ``Performance Evaluation Permit'' has been removed.

e. The section ``Performance Testing'' is modified to explain

methods to be used for various types of testing.

f. The sections ``Procedures For Renewal of Permit to Operate'' and

``Standards for Renewal of Permit to Operate'' are new sections that

give details on the procedures and standards for the renewal of a

Permit to Operate.

g. The section ``Emission Reporting,'' is a new section and explains

the requirements for appropriate record maintenance.

On March 14, 1994, EPA received comments from the Office of General

Counsel (OGC) concerning the State's definition of moderate

modification. The OGC recommended that the State Attorney General

clarify whether the ``potential emissions increase'' applies only to

the particular change (i.e., the addition or modification of a unit) or

to the potential emissions of the entire facility, including the

change. In a letter dated June 21, 1994, the office of the Mississippi

Attorney General responded to the issue stating, ``The definition of

'moderate modification' is a modification which would constitute a

major modification under...(PSD Regulations)...if the potential

emissions increase was used in place of the net emissions increase...''

The definitions of ``major modification'' and ``net emissions

increase'' are adopted by reference from EPA's PSD rules and are

therefore the same.

Since ``net emissions increase'' is defined to include the entire

facility and not just the particular change by the PSD rules, the

``potential emissions increase'' applies to the potential emissions

increase of the entire facility.

Final Action

EPA is approving the aforementioned revisions in this submittal.

The EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective November 14, 1994 unless, by October 17, 1994, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective November 14, 1994.

Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),

petitions for judicial review of this action must be filed in the

United States Court of Appeals for the appropriate circuit by November

14, 1994. Filing a petition for reconsideration by the Administrator of

this final rule does not affect the finality of this rule for purposes

of judicial review nor does it extend the time within which a petition

for judicial review may be filed, and shall not postpone the

effectiveness of such rule or action. This action may not be challenged

later in proceedings to enforce its requirements. (See section

307(b)(2) of the CAA, 42 U.S.C. 7607 (b)(2)).

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214092225), as revised by an October 4, 1993,

memorandum from Michael Shapiro, Acting Assistant Administrator for Air

and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the

requirements of section 3 of Executive Order 12291 for two years. The

USEPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. OMB has agreed to continue the temporary waiver

until such time as it rules on EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 2560966 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation

by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter,

Reporting and recordkeeping requirements.

Dated: September 1, 1994.

Joe R. Franzmathes,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42.U.S.C. 7401097671q.

Subpart Z--Mississippi

2. Section 52.1270 is amended by adding paragraph (c)(24) to read

as follows:

Sec. 1A52.1270 Identification of plan.

* * * * *

(c) * * *

(24) The Mississippi Department of Environmental Quality submitted

revisions on June 14, 1991, to ``Permit Regulations for the

construction and/or Operation of Air Emissions Equipment'' of

Regulation APC-S092. These revisions incorporate ``moderate stationary

sources'' into the existing regulations which are required in 40 CFR

part 51, subpart I.

(i) Incorporation by reference.

(A) Mississippi Commission on Environmental Quality Permit

Regulations for the Construction and/or Operation of Air Emissions

Equipment, Regulation APC-S092, effective on May 28, 1991.

(B) Letter of June 21, 1994, from the Mississippi Office of the

Attorney General to the Environmental Protection Agency.

(ii) Additional material. None.

[FR Doc. 94-22786 Filed 9-14-94; 8:45 am]

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