Clean Air Act Approval and Promulgation of Revisions to the Mississippi State Implementation Plan (SIP)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS15-1-6252a; MS20-2-9605a; FRL-5400-9]

Clean Air Act Approval and Promulgation of Revisions to the

Mississippi State Implementation Plan (SIP)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the Mississippi State

Implementation Plan (SIP) submitted on June 14, 1991, and January 26,

1994, by the State of Mississippi through the Department of

Environmental Quality (MDEQ). These SIP revisions incorporate changes

to Regulation APC-S-1 ``Air Emission Regulations for the Prevention,

Abatement, and Control of Air Contaminants''. The proposed revisions

specify prohibited open burning practices and set conditions for which

open burning practices may occur. These SIP revisions change the open

burning restriction policy to be more consistent with federal

regulations as specified in 40 CFR parts 257 and 258.

DATES: This action is effective April 12, 1996, unless notice is

received by March 13, 1996, that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Scott M. Martin,

Regulatory Planning and Development Section, Air Programs Branch, Air,

Pesticides & Toxics Management Division, Region 4 Environmental

Protection Agency, 345 Courtland Street NE., Atlanta, Georgia 30365.

Copies of the documents relative to this action are available for

public inspection during normal business hours at the following

locations. The interested persons wanting to examine these documents

should make an appointment with the appropriate office at least 24

hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S.

Environmental Protection Agency, 401 M Street SW., Washington DC 20460.

Environmental Protection Agency, Region 4 Air Programs Branch, 345

[[Page 5296]]

Courtland Street, Atlanta, Georgia 30365.

Mississippi Department of Environmental Quality, Bureau of Pollution

Control, Air Quality Division, P.O. Box 10385, Jackson, Mississippi

39289-0385.

FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory

Planning and Development Section, Air Programs Branch, Air Pesticides

and Toxics Management Division, Region 4 Environmental Protection

Agency, 345 Courtland Street NE., Atlanta, Georgia 30365. The telephone

number is (404) 347-3555 ext. 4216.

SUPPLEMENTARY INFORMATION: On June 14, 1991, and January 26, 1994, MDEQ

submitted revisions to the Mississippi SIP incorporating changes to

Regulation APC-S-1, ``Air Emission Regulations for the Prevention,

Abatement and Control of Air Contaminants.'' The proposed revisions

specify prohibited open burning practices and set conditions for which

open burning practices may occur. These SIP revisions change the open

burning restriction policy to be consistent with federal regulations as

specified in 40 CFR 257. Public hearings for these revisions were held

on March 27, 1991, and November 24, 1993, and became state effective

May 28, 1991, and January 9, 1994, respectively. The major revisions

are described below:

Section 1. General

1. Paragraph one was revised by deleting Section 49 17 17,

Mississippi Code of 1972, recompiled, and adding Miss. Code Ann.

Sec. 49-17-17.

2. Paragraph two ``Exceptions'' was deleted and pargraph three was

renumbered as two. A new paragraph three was added. This paragraphs

states, ``In the event of a conflict between any of the requirements of

these regulations and/or applicable requirements of any other

regulation or law, the more stringent requirements shall be applied.''

Section 2. Definitions

1. The following definitions were added:

10. ``Excess (or excessive) emission''

16. ``Opacity''

24. ``Recreational area''

25. ``Residential area''

26. ``Shutdown'' relating to fuel burning equipment

29. ``Soot blowing''

31. ``Startup'' relating to fuel burning equipment

34. ``Upset''

2. The State revised the following definitions to meet EPA policy:

7. ``Air pollution''

8. ``Atmosphere''

13. ``Modification''

15. ``Open burning''

17. ``Particulate matter emissions''

19. ``PM-10 emissions''

21. ``Process weight''

23. ``Standard conditions''

3. The following definition was deleted:

22. ``Ringelmann Chart''

The section was also re-alphabetized and renumbered to simplify

finding definitions.

Section 3. Specific Criteria for Sources of Particulate Matter

1. Paragraph 1(a) was revised to give a reference paragraph for

allowed exceptions to the forty (40) percent opacity rule.

2. Paragraph 1(c) was deleted. Paragraph 1(d) was then renumbered

as 1(c), and edited to add 60 percent opacity and to delete references

to Ringelmann Smoke Chart.

3. Paragraph 4(a) was deleted and replaced by new paragraphs

4(a)(1), 4(a)(2), 4(a)(3) which detail limits to emissions from fuel

burning installations.

4. Paragraph 6(a) was replaced with a new paragraph which gives the

formula to be used when calculating the particulate emission rate from

a manufacturing process.

5. Paragraph 6(b) was revised to add an effective date of January

25, 1972.

6. Paragraph 7 was revised to state that open burning is prohibited

with exceptions for the infrequent burning of agricultural waste,

silvicultural waste, land clearing debris, emergency cleanup

operations, and ordnance.

7. Paragraphs 7(b), 7(c), 7(d), 7(e), 7(f), 7(h), 7(i), 7(j), 7(k),

and 7(l) which listed exceptions to open burning restrictions were

deleted.

Section 6. New Sources

1. Paragraph 4. Infectious Waste Incineration was added. This

paragraph details the conditions with which all infectious waste

incinerators which incinerate only wastes generated on site and are

installed after December 9, 1993, must comply.

2. Paragraph 4b Commercial Incinerators was added. This paragraph

details the requirements for infectious waste incinerators which

incinerate wastes generated off site.

Section 8. Provisions for Hazardous Air Pollutants

1. EPA is not acting on this section because these regulations are

federally enforceable through 40 CFR Part 61.

Section 9. Stack Height Considerations

1. The paragraph titled Exemptions From Rules and Regulations which

discussed emission exemptions during upsets and maintenance was

deleted. Exceptions to the rule are now detailed in Section 10.

Section 10. Provisions for Upsets, Startups, and Shutdowns

1. This section is being adopted. Paragraph 1. Upsets, states what

circumstances must be met so that an upset will constitute an

affirmative defense to an enforcement action brought for noncompliance

with emission standards or other requirements.

2. Paragraph 2. Startups and Shutdowns, states that emission

limitations applicable to normal operation apply during startups and

shutdowns and list exceptions to this rule.

3. Paragraph 3. Maintenance, lists factors that a source must

demonstrate to show that maintenance constitutes an affirmative defense

to an enforcement action brought for noncompliance with emission

standards or other requirements.

These provisions are consistent with EPA and Clean Air Act

requirements.

Final Action

EPA is approving the above referenced revisions to the Mississippi

SIP. This action is being taken without prior proposal because the EPA

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

April 12, 1996, unless, by March 13, 1996, 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 April 12, 1996.

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

7607(b)(1), petitions for judicial review of this action must be filed

in the United States

[[Page 5297]]

Court of Appeals for the appropriate circuit by April 12, 1996. 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 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any state implementation plan. Each request for revision to the state

implementation plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

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 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, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2)

and 7410(k)(3).

Unfunded Mandates

Under sections 202, 203 and 205 of the Unfunded Mandates Reform Act

of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995,

EPA must undertake various actions in association with proposed or

final rules that include a Federal mandate that may result in estimated

costs of $100 million or more to the private sector, or to State,

local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 110 of the CAA.

These rules may bind State, local and tribal governments to perform

certain duties. EPA has examined whether the rules being approved by

this action will impose any mandate upon the State, local or tribal

governments either as the owner or operator of a source or as a

regulator, or would impose any mandate upon the private sector. EPA's

action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. Therefore, this final action

does not include a mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the aggregate

or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements, Sulfur oxides.

Dated: November 1, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

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

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart Z--Mississippi

2. Section 52.1270, is amended by adding paragraph (c)(27) to read

as follows:

Sec. 52.1270 Identification of plan.

* * * * *

(c) * * *

(27) Amendments to Regulation APC-S-1 ``Air Emission Regulations

for the Prevention, Abatement, and Control of Air Contaminants'' to be

consistent with federal regulations as specified in 40 CFR Part 257.

(i) Incorporation by reference. Regulation APC-S-1 ``Air Emission

Regulations for the Prevention, Abatement, and Control of Air

Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS

FOR HAZARDOUS AIR POLLUTANTS.

(ii) Additional Material. None.

[FR Doc. 96-2962 Filed 2-9-96; 8:45 am]

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