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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS21-1-9718a; MS22-1-9719a: FRL-5857-5]

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 September 30,

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1996, 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,'' and Regulation APC-S-5,

``Regulations for the Prevention of Significant Deterioration of Air

Quality.'' The proposed revisions to APC-S-1 incorporate amendments to

state open burning restrictions and prohibitions to ensure consistency

with federal solid waste disposal regulations as specified in 40 CFR

Part 257. The proposed revisions to APC-S-5 incorporate revisions to

the state prevention of significant deterioration of air quality

regulations to update the adoption by reference in APC-S-5 of the

amendments and revisions to the federal regulations promulgated in 40

CFR 52.21 and 51.166 of August 22, 1996.

DATES: This action will be effective September 15, 1997 unless adverse

or critical comments are received by August 14, 1997. 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 Section, Air Planning Branch, Air, Pesticides and

Toxics Management Division, Region 4, Environmental Protection Agency,

61 Forsyth Street, Atlanta, Georgia 30303-3104.

Copies of the documents relative to this action are available for

public inspection during normal business hours at the following

locations. 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 Planning Branch, 61

Forsyth Street, Atlanta, Georgia 30303-3104.

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 Section, Air Planning Branch, Air Pesticides and Toxics

Management Division, Region 4, Environmental Protection Agency, 61

Forsyth Street, Atlanta, Georgia 30303. The telephone number is (404)

562-9036.

SUPPLEMENTARY INFORMATION: On September 30, 1996, 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,'' and to Regulation APC-S-5, ``Regulations

for the Prevention of Significant Deterioration of Air Quality.''

Public hearings for these revisions were held on August 20, 1996, and

became state effective September 21, 1996. The major revisions are

described below:

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

and Control of Air Contaminants''

1. Section 3, Specific Criteria for Sources of Particulate Matter,

paragraph 7 is being amended to include provisions allowing permitted

open burning at hazardous waste disposal facilities and reads as

follows:

7. Open Burning. The open burning of residential, commercial,

institutional, or industrial solid waste, is prohibited. This

prohibition does not apply to infrequent burning of agricultural wastes

in the field, silvicultural wastes for forest management purposes,

land-clearing debris, debris from emergency clean-up operations, and

ordinance; and permitted open burning at hazardous waste disposal

facilities subject to regulation under Subtitle C of the Federal

Resource Conservation Act (RCRA).

2. Paragraph 7(c) is being added and reads as follows:

(C) Permitted open burning at a hazardous waste disposal facility

subject to regulation under Subtitle C of RCRA is considered a

stationary source of air pollution subject to Mississippi air emission

permitting regulations.

These revisions were incorporated to ensure consistency with

Federal solid waste disposal regulations as specified in 40 CFR Part

257.

APC-S-5 ``Regulations for the Prevention of Significant

Deterioration of Air Quality''

This plan revision incorporates revisions to the State PSD of air

quality regulations to update the adoption by reference in APC-S-5 of

the amendments and revisions to the Federal regulations promulgated in

40 CFR 52.21 and 51.166 as of August 22, 1996. This plan provides for

incorporation of revisions to the Guideline on Air Quality Models

(including Appendix C) as promulgated by EPA. This plan revision also

provides for inclusion of amendments and revisions to definitions and

any other section of the above referenced Federal regulations as

promulgated by EPA as of August 22, 1996.

Final Action

The EPA proposes approval of the revisions to the Mississippi SIP

because they are consistent with Clean Air Act and Agency requirements.

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 September 15, 1997 unless, by August 14, 1997, 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 notice that will

withdraw the final action. All public comments received will 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 September 15, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

I. Administrative Requirements

A. Executive Order 12866

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

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.

B. Regulatory Flexibility Act

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

must prepare

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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

Clean Air Act 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 flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S.C. 246, 255-66 (1976);

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

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

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

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by September 15, 1997. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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. 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: June 11, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

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. In Sec. 52.1270(c) the table is amended by revising ``Section

3'' under the entry APC-S-1 and entry APC-S-5 to read as follows:

Sec. 52.1270 Identification of plan.

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(c) * * *

EPA Approved Mississippi Regulations

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State

State citation Title/subject effective EPA approval date Comments

date

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APC-S-1--Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants

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Section 3............... Specific Criteria for 09/21/96 July 15, 1997.

Sources of Particulate

Matter.

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APC-S-5--Regulations for the Prevention of Significant Deterioration of Air Quality

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All..................... ....................... 09/21/96 July 15, 1997.

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[FR Doc. 97-18571 Filed 7-14-97; 8:45 am]

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