Proposed Rule2024-21007
Air Plan Approval; Mississippi; PSD and Air Quality Modeling Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) submission provided by the State of Mississippi, through the Mississippi Department of Environmental Quality (MDEQ), via a letter dated February 28, 2024. Specifically, EPA is proposing to approve updates to the incorporation by reference of Federal prevention of significant deterioration (PSD) rules in the Mississippi SIP. EPA is also proposing to convert the previous conditional approval of Mississippi's infrastructure SIP PSD and air quality modeling provisions for the 2015 Ozone National Ambient Air Quality Standards (NAAQS) to a full approval. EPA is also proposing changes to public notice provisions for PSD permitting to provide for electronic notice (e-notice) and to remove the mandatory requirement to provide public notice in a newspaper, and other minor changes to the PSD rules. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act).
Full Text
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<title>Federal Register, Volume 89 Issue 179 (Monday, September 16, 2024)</title>
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Proposed Rules]
[Pages 75517-75524]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21007]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0186; FRL-12250-01-R4]
Air Plan Approval; Mississippi; PSD and Air Quality Modeling
Infrastructure Requirements for the 2015 8-Hour Ozone National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) submission provided by the
State of Mississippi, through the Mississippi Department of
Environmental Quality (MDEQ), via a letter dated February 28, 2024.
Specifically, EPA is proposing to approve updates to the incorporation
by reference of Federal prevention of significant deterioration (PSD)
rules in the Mississippi SIP. EPA is also proposing to convert the
previous conditional approval of Mississippi's infrastructure SIP PSD
and air quality modeling provisions for the 2015 Ozone National Ambient
Air Quality Standards (NAAQS) to a full approval. EPA is also proposing
changes to public notice provisions for PSD permitting to provide for
electronic notice (e-notice) and to remove the mandatory requirement to
provide public notice in a newspaper, and other minor changes to the
PSD rules. EPA is proposing to approve these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on or before October 16, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0186 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at <a href="/cdn-cgi/l/email-protection#99f6ebedf0e3fbf6ebebfcebf6b7f3f6eaecfcd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="81eef3f5e8fbe3eef3f3e4f3eeafebeef2f4e4c1e4f1e0afe6eef7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
Mississippi's February 28, 2024, SIP submission seeks to revise the
State's new source review (NSR) permitting regulations at 11
Mississippi Administrative Code (MAC), Part 2, Chapter 2, Permit
Regulations for the Construction and/or Operation of Air Emissions
Equipment (Chapter 2) and PSD permitting regulations at 11 MAC, Part 2,
Chapter 5, Regulations for the Prevention of Significant Deterioration
of Air Quality (Chapter 5) to adopt relevant Federal permitting
regulations into the SIP. The PSD permitting changes at Chapter 5,
amend MDEQ's incorporate by reference (IBR) date of the Federal PSD
regulations at 40 CFR 51.166(f) and 40 CFR 52.21 to December 27, 2023.
Mississippi's December 27, 2023, IBR date adopts into the SIP at
Chapter 5, changes to 40 CFR 52.21 that EPA promulgated in several
rulemakings since the Mississippi's last IBR update of February 17,
2016. The changes at Chapter 2 amend NSR general permitting
requirements. EPA is also proposing to convert EPA's March 1, 2023,
conditional approval of PSD and air quality modeling provisions at
section 110(a)(2)(C), (D)(i)(II) (prong 3), (J), and (K), for
Mississippi's infrastructure SIP for the 2015 ozone NAAQS to a full
approval based on the revisions to Chapter 2 and Chapter 5. Lastly, the
February 28, 2024, SIP submission proposes to revise the SIP-approved
PSD regulations at Chapter 5 to adopt public participation revisions
consistent with EPA's October 5, 2016, rule ``Revisions to Public
Notice Provisions in Clean Air Act Permitting Programs'' Final Rule.\1\
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\1\ See 81 FR 71613. The February 28, 2024, SIP submission also
updates 11 MAC, Part 2, Chapter 2 to address NSR requirements that
will be addressed in a separate rulemaking.
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EPA's proposed rule briefly summarizes the framework of the PSD
permitting program, how the program is implemented in Mississippi, and
what Federal changes MDEQ is requesting EPA to IBR into its SIP. EPA is
proposing to approve Mississippi's February 28, 2024, PSD revisions to
Chapters 2 and 5 because they are consistent with EPA's Federal PSD
permitting regulations and the CAA. EPA summarizes the PSD rule
revisions in sections II.B and II.C of this document. Please refer to
the referenced Federal Register citations for additional detailed
background on the Federal PSD regulations at 40 CFR 52.21.
II. Background
A. Mississippi's 2015 Ozone NAAQS Infrastructure SIP Submissions
On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
States are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires States to address basic SIP
[[Page 75518]]
elements such as requirements for monitoring, basic program
requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS. This particular type of SIP is
commonly referred to as an ``infrastructure SIP'' or ``iSIP.'' States
were required to submit such SIP revisions for the 2015 8-hour ozone
NAAQS to EPA no later than October 1, 2018.\2\
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\2\ In infrastructure SIP submissions, States generally certify
evidence of compliance with sections 110(a)(1) and (2) of the CAA
through a combination of State regulations and statutes, some of
which have been incorporated into the SIP. In addition, certain
federally approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
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Mississippi submitted two SIP submissions on September 6, 2019, and
January 25, 2021, to address their 110(a)(1) and (2) infrastructure
obligations for the 2015 ozone standard.\3\ Through previous
rulemakings, EPA approved most of the iSIP elements for the 2015 ozone
NAAQS.\4\
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\3\ Mississippi submitted their interstate transport SIP on
September 6, 2019, to address the State's section 110(a)(2)(D)(i)(I)
prongs 1 and 2 interstate transport obligations respecting
contribution to nonattainment or interference with maintenance,
respectively, in other States. EPA took final action on this
submission on February 13, 2023, (88 FR 9336). On January 25, 2021,
Mississippi submitted a second SIP revision to EPA to address all
required infrastructure elements except for the interstate transport
provisions of section 110(a)(2)(D)(i)(I) prongs 1 and 2.
\4\ See 87 FR 57832 (September 22, 2022), and 88 FR 9336
(February 13, 2023).
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On December 23, 2022, EPA proposed to conditionally approve \5\
changes to portions of Mississippi's 2015 8-hour ozone NAAQS iSIP
contained in MDEQ's original January 25, 2021, infrastructure submittal
as supplemented on November 18, 2022.<SUP>6 7</SUP> Specifically, EPA
proposed conditional approval of the PSD elements of CAA section
110(a)(2)(C), (D)(i)(II) (prong 3) and (J), and the modeling
requirements of section 110(a)(2)(K) because Mississippi's SIP-approved
PSD regulations did not, at the time, reference the most updated
version of EPA's Guideline of Air Quality Models, codified at 40 CFR
part 51, Appendix W. On March 1, 2023, EPA finalized the conditional
approval for the PSD infrastructure elements (i.e., section
110(a)(2)(C), (D)(i)(II) (prong 3) and (J)), and the air quality
modeling element of section 110(a)(2)(K), portion of the January 25,
2021, infrastructure SIP submission, as supplemented on November 18,
2022.\8\
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\5\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a State to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the State fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval and EPA will issue a
finding of disapproval.
\6\ Air Plan Approval; Mississippi; PSD and Air Quality Modeling
Infrastructure Requirements for the 2015 8-Hour Ozone National
Ambient Air Quality Standards, 87 FR 78896 (December 23, 2022).
\7\ Mississippi supplemented its January 25, 2021,
infrastructure SIP with a November 18, 2022, commitment letter to
EPA to update outdated references to the Federal guideline on air
quality modeling found in Appendix W of 40 CFR part 51. See Docket
ID EPA-R04-OAR-2024-0186 for a copy of the commitment letter.
\8\ Air Plan Approval; Mississippi; PSD and Air Quality Modeling
Infrastructure Requirements for the 2015 8-Hour Ozone National
Ambient Air Quality Standards, 88 FR 12833 (March 1, 2023).
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The March 1, 2023, conditional approval of the PSD and air quality
modeling iSIP provisions established a requirement for Mississippi to
submit a final SIP submission that addresses the terms of the
conditional approval commitment one year after EPA's conditional
approval of these portions of Mississippi's ozone iSIP or March 1,
2024. Accordingly, on February 28, 2024, Mississippi submitted a final
SIP revision in response to the conditional approval commitment to
address the outdated references to the Federal guideline on air quality
modeling, by revising Chapter 2 and Chapter 5 to require the use of the
current version of 40 CFR part 51, Appendix W (Guideline on Air Quality
Models).
B. PSD Public Participation Revisions and Increment Consumption IBR
Update
Mississippi's February 28, 2024, SIP submission proposes to revise
the SIP-approved PSD regulations at Chapter 5 to adopt public
participation revisions consistent with EPA's October 5, 2016, rule
``Revisions to Public Notice Provisions in Clean Air Act Permitting
Programs.'' \9\ This 2016 rule revised EPA's public notice provisions
for the NSR, Title V, and Outer Continental Shelf permitting programs
of the CAA to remove the mandatory requirement to provide public notice
of permitting actions through publication in a newspaper and allow for
electronic notice (e-notice) as an option for permitting authorities.
Permitting authorities are not required to adopt e-notice, and nothing
in the revised Federal rules prevents a permitting authority with an
EPA-approved permitting program from continuing to use newspaper
notification and/or from supplementing e-notice with newspaper
notification and/or additional means of notification. For the noticing
of draft permits issued by permitting authorities with EPA-approved
programs, the rule requires the permitting authority to use ``a
consistent noticing method'' for all permit notices under the specific
permitting program. When e-notice is provided, EPA's rule requires
electronic access (e-access) to the draft permit for the duration of
the public comment period which would enable permitting authorities to
communicate permitting and other affected actions to the public more
quickly and efficiently and provide cost savings over newspaper
publication. A full description of the e-notice and e-access provisions
is contained in EPA's October 18, 2016, rulemaking notice. See 81 FR
71613. The 2024 submission revises the public participation provisions
by deleting an incorporated reference to the public notice provisions
at 40 CFR 51.166(q) in Rule 5.4 and adding public participation
requirements to new Rule 5.7. Rule 5.4 is also revised to include an
IBR date of December 23, 2024, for 40 CFR 51.166(f)--Exclusions from
Increment Consumption, which does not substantively change these
incorporated provisions.
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\9\ See 81 FR 71613.
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C. Mississippi's February 28, 2024, SIP Submission Chapter 5 PSD
Incorporate by Reference Update for 40 CFR 52.21
Mississippi's 2024 SIP submission proposes updates to the IBR of
the 40 CFR 52.21 Federal PSD permitting rules in the Mississippi SIP at
Chapter 5 from February 17, 2016, to December 27, 2023. Mississippi's
Rule 5.2 IBR date revision incorporates the following Federal PSD
regulation amendments at 40 CFR 52.21 that EPA promulgated from 2016
through 2021: \10\ ``Source Determination for Certain Emission Units in
the Oil and Natural Gas Sector'' 81 FR 35622 (June 3, 2016);
``Rescission of Preconstruction Permits Issued under the Clean Air
Act'' 81 FR 78043 (November 7, 2016); ``Revisions to the Guideline on
Air Quality Models: Enhancements to the AERMOD Dispersion Modeling
System and Incorporation of Approaches to Address Ozone and Fine
Particulate Matter'' 82 FR 5182 (January 17, 2017); ``Prevention of
Significant Deterioration (PSD) and Nonattainment New Source Review
(NNSR): Project Emissions Accounting'' 85 FR 74890 (November 24, 2020);
and ``New Source Review Errors Correction'' 86 FR 37918 (July 19,
2021). EPA summarizes these PSD rule revisions below. Please refer to
the referenced Federal Register citations for additional
[[Page 75519]]
detailed background on the Federal PSD regulations at 40 CFR 52.21.
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\10\ See Mississippi's February 28, 2024, SIP revision in the
docket for this rulemaking (Docket ID: EPA-R04-OAR-2024-0186).
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i. Oil and Natural Gas Source Determinations PSD Revisions
On June 3, 2016, EPA finalized the rule entitled ``Source
Determination for Certain Emission Units in the Oil and Natural Gas
Sector'' \11\ to clarify the agency's air permitting rules as they
apply to the oil and natural gas industry. The final rule clarifies
when oil and gas equipment and activities must be deemed a single
source when determining whether major source permitting programs apply,
including PSD and Nonattainment New Source Review preconstruction
permitting programs, and the Title V Operating permits program. By
defining the term ``adjacent,'' the rule specifies that equipment and
activities in the oil and gas sector that are under common control will
be considered part of the same source if they are located near each
other--specifically if they are located on the same site or on sites
that share equipment and are within \1/4\ mile of each other. EPA
previously addressed this definition through policy interpretation and
guidance. The final rule applies to equipment and activities used for
onshore oil and natural gas production, and for natural gas processing.
It does not apply to offshore operations. The meaning of adjacency for
onshore activities is addressed in the definition of ``building,
structure, facility, or installation'' found in 40 CFR 52.21(b)(6) and
incorporated into 11 Miss. Admin. Code Pt. 2, Ch. 5 via the revised IBR
date of December 27, 2023.
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\11\ See 81 FR 35622.
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ii. PSD Permit Rescission Revisions
On November 7, 2016, EPA finalized amendments to the Federal PSD
rules at 40 CFR 52.21(w) to remove a date restriction that limited the
use of the permit rescission provision, a provision that allows a PSD
permit to be cancelled, and clarified implementing provisions.\12\
Before this revision, only permits based on rules issued on or before
July 30, 1987, and any PSD greenhouse gas permits issued as part of
Step 2 of the Tailoring Rule could be rescinded. Removal of the date
restriction allows for the rescission of PSD permits that are no longer
needed issued by EPA, delegated permitting authorities, or by a
permitting authority with SIP-approved NSR program that incorporates 40
CFR 52.21(w). This regulatory revision is incorporated into 11 MAC,
Part 2, Chapter 5.2 via the revised IBR date of December 27, 2023.
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\12\ See, ``Rescission of Preconstruction Permits Issued under
the Clean Air Act,'' 81 FR 78043 (November 7, 2016).
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iii. Revisions to the Guideline on Air Quality Models Appendix W
On December 20, 2016, EPA finalized several additions and changes
to its Guideline on Air Quality Models (Guideline), located at 40 CFR
part 51, Appendix W.\13\ The Guideline is used by EPA, States, Tribes,
and industry to prepare and review permits for new sources of air
pollution.\14\ State and Tribal air agencies also use the Guideline to
revise their plans detailing strategies for reducing emissions and
improving air quality in State or Tribal Implementation Plans. EPA's
PSD regulations at 40 CFR 52.21(l) require estimates of ambient
concentrations required for PSD to be based on the Guideline, and 40
CFR 51.166(l) requires SIP PSD programs to require that modeling be
conducted in accordance with the Guideline.\15\ Therefore, modeling
under PSD is required to use the December 20, 2016, version of the
Guideline.
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\13\ See ``Revisions to the Guideline on Air Quality Models:
Enhancements to the AERMOD Dispersion Modeling System and
Incorporation of Approaches to Address Ozone and Fine Particulate
Matter,'' 82 FR 5182 (January 17, 2017).
\14\ Appendix W provides EPA's preferred models and other
recommended techniques, as well as guidance for their use in
estimating ambient concentrations of air pollutants.
\15\ 40 CFR 51.166 sets forth the requirements for State PSD
programs in SIPs, and 40 CFR 52.21 implements PSD requirements for
PSD programs administered by EPA and States with delegated
authority.
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This regulatory change is incorporated into 11 MAC, Part 2, Chapter
5.2 via the revised IBR date of December 27, 2023.
For iSIP elements C and J to be approved for PSD, a SIP must
include a PSD program that meets current Federal requirements. Element
D(i)(II) (prong 3) is also approvable when a State's implementation
plan contains a fully approved and up-to-date PSD program. EPA's
regulations at 40 CFR 51.166(l) require SIP PSD provisions to require
that modeling be conducted in accordance the Guideline. It is
incorporated into EPA's regulations, satisfying a requirement under the
CAA for the EPA to specify with reasonable particularity models to be
used in the PSD program. EPA promulgated the most current version of
the Guideline on January 17, 2017.\16\ Therefore, in order to approve
the iSIP PSD elements (i.e., section 110(a)(2)(C), (D)(i)(II) (prong 3)
and (J)), and the air quality modeling element of section
110(a)(2)(K),\17\ PSD regulations in SIPs are required to reference the
most current version of the Guideline.
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\16\ See 82 FR 5182.
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iv. Project Emissions Accounting Rule
On November 24, 2020, EPA finalized revisions to the PSD
applicability regulations concerning the determination of whether a
modification at an existing stationary source constitutes a major
modification, as defined in 40 CFR 52.21.\18\ EPA added an explanation
of ``sum of the differences'' in 40 CFR 52.21(a)(2)(iv)(g) to clarify
that this phrase includes both increases and decreases in emissions
calculated for a project. EPA also stated in the preamble to this rule
that the decreases considered in Step 1 do not have to be enforceable,
though to be evaluated as contemporaneous decreases in Step 2 for
future projects, the decreases must be enforceable per 40 CFR
52.21(b)(3)(vi)(b). The regulatory change to 40 CFR 52.21 promulgated
in the Project Emissions Accounting is incorporated into 11 MAC Part 2
Chapter 5, Rule 5.2 via the revised IBR date of December 27, 2023.
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\18\ See ``Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review,'' 85 FR 74890 (November 24, 2020).
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v. NSR Error Corrections Rule
On June 22, 2021, EPA finalized an NSR Error Corrections Rule to
correct non-substantive errors and make conforming changes to address
the 1990 CAA Amendments in the NSR rules.\19\ The final rule corrects
inadvertent typographical and spelling errors, removes court vacated
rule language, removes or updates outdated or incorrect cross
references, and conforms certain provisions to changes contained in the
1990 CAA Amendments. The NSR regulations in 40 CFR parts 51 and 52 have
undergone restructuring and revisions over the years, and a number of
inadvertent errors have accumulated during that time. The regulatory
revision to 40 CFR 52.21 promulgated in the NSR Error Corrections Rule
addressing these corrections is incorporated into 11 MAC Part 2 Chapter
5, Rule 5.2 via the revised IBR date of December 27, 2023.
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\19\ See ``New Source Review Errors Correction,'' 86 FR 37918
(July 19, 2021).
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III. EPA's Approach to the Review of Infrastructure SIP Submissions
As discussed above, whenever EPA promulgates a new or revised
NAAQS, CAA section 110(a)(1) requires States to submit infrastructure
SIPs that meet the various requirements of CAA section 110(a)(2), as
applicable. Due to ambiguity in some of the language of CAA section
110(a)(2), EPA believes
[[Page 75520]]
that it is appropriate to interpret these provisions in the specific
context of acting on infrastructure SIP submissions. EPA has previously
provided comprehensive guidance on the application of these provisions
through a guidance document for iSIP submissions and through regional
actions on infrastructure submissions.\20\
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\20\ EPA explains and elaborates on these ambiguities and its
approach to address them in its 2013 Guidance (available at <a href="https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf">https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf</a>), as well as in numerous agency actions including EPA's prior
actions on Mississippi infrastructure SIPs such as the action to
address the 2012 PM<INF>2.5</INF> NAAQS. See 81 FR 36848 (June 8,
2016).
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Unless otherwise noted below, EPA is following that existing
approach in acting on this submission. In addition, in the context of
acting on such infrastructure submissions, EPA evaluates the submitting
State's implementation plan for facial compliance with statutory and
regulatory requirements, not for the State's implementation of its
SIP.\21\ EPA has other authority to address any issues concerning a
State's implementation of the rules, regulations, consent orders, etc.
that comprise its SIP.
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\21\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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IV. EPA's Analysis of Mississippi's February 28, 2024, SIP Revision
On February 28, 2024, Mississippi submitted a SIP revision to
update references to 40 CFR part 51, Appendix W, and address the PSD
and modeling iSIP requirements for the 2015 8-hour ozone NAAQS.\22\ The
SIP revision also amends Mississippi's SIP-approved PSD rules at 11
MAC, Part 2 Chapter 5 to adopt public participation e-notice provisions
and other changes to the PSD rules based on an updated IBR date of
Federal PSD regulations at 11 MAC, Part 2 Chapter 5 from February 17,
2016, to December 27, 2023 for 40 CFR 52.21, as well as including the
IBR date of December 27, 2023, for increment consumption exclusions
under 40 CFR 51.166(f). The modeling updates at Chapter 2 and 5
respecting references to Appendix W in 40 CFR 52.21(l) support the
State's request to convert EPA's March 1, 2023, conditional approval of
the PSD requirements of elements 110(a)(2)(C), (D)(i)(II) (Prong 3),
and (J), and the air quality modeling element under section
110(a)(2)(K), of Mississippi's 2015 8-hour ozone NAAQS infrastructure
SIP to a full approval. Lastly, the SIP revision makes minor updates to
Mississippi's PSD regulations at Chapter 2 and Chapter 5.
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\22\ The February 28, 2024, submittal contains changes to other
SIP-approved rules that are not addressed in this notice. EPA will
act on those rules in a separate rulemaking.
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A. Changes to 11 MAC, Part 2, Chapter 2
The SIP-approved version of 11 MAC, Part 2, Chapter 2, Rule 2.5B,
Modeling, provides at subparagraph 2.5B(1) that all estimates of
ambient concentrations of air pollutants shall be based on the
requirements specified in the ``Guideline on Air Quality Modeling,
(Revised)'' 40 CFR part 51, Appendix W, which are incorporated herein
and adopted by reference. Rule 2.5B(1), is being revised to refer to
the version of Appendix W approved in 11 MAC, Part 2, Chapter 5. As
further explained in section IV.B(ii) of this document, the
incorporation of 40 CFR 52.21 is updated via the revised IBR date to
include the most recent version of the Appendix W guidelines, which
will ensure its use to estimate ambient concentrations of air
pollutants in Mississippi. Additionally, subparagraph 2.5B(2), is being
revised to delete the word ``Revised'' from the first sentence of
subparagraph 2. The February 28, 2024, SIP submission provides
additional changes to 11 MAC, Part 2, Chapter 2 to address NSR
requirements, which will be addressed in a separate rulemaking.
B. Changes to 11 MAC, Part 2, Chapter 5
Mississippi's February 28, 2024, SIP submission, seeks to revise
the State's SIP-approved PSD permitting regulations at 11 MAC, Part 2,
Chapter 5. The revision updates the IBR date for 40 CFR 52.21 in the
Mississippi SIP at Chapter 5 from February 17, 2016, to December 27,
2023, at Rule 5.2. This IBR date change adopts PSD rule revisions EPA
promulgated since the State's last IBR update to Rule 5.2 and includes
Revisions to the Guideline on Air Quality Models which includes the
reference to Appendix W in 40 CFR 52.21(l), project emissions
accounting, PSD regulatory corrections, oil and gas source
determinations, and preconstruction permit rescissions. The SIP
revision also makes administrative changes to Chapter 5 including
adding a Chapter table of contents, revising the State regulatory
citations to ensure they are referenced consistently throughout the
rule,\23\ and correcting grammatical errors. Mississippi's February 28,
2024, SIP revision, also includes minor edits to the citation format of
40 CFR 52.21 at Rule 5.3, Definition of term ``Administrator'' and Rule
5.6, Applicability. Mississippi's SIP revision does not make any
regulatory or typographical changes at Rule 5.5--Transmittal of Permit
Applications to EPA Administrator. EPA's analysis below discusses the
specific changes to Chapter 5 that EPA is proposing to approve.
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\23\ For example, the first appearance of a State regulation is
cited in its entirety followed by the citation approved by the
Mississippi Administrative Procedures Act for use in the Mississippi
Administrative Code (e.g., ``Permit Regulations for the Construction
and/or Operation of Air Emissions Equipment,'' 11 Miss. Admin. Code
Pt. 2, Ch. 2.). In the remainder of the regulation, citations are
the abbreviated version (e.g., 11 Miss. Admin. Code Pt. 2, R. 2.4.).
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i. Chapter 5, Rule 5.1, Purpose of This Regulation
Rule 5.1 of Chapter 5 describes the purpose of Mississippi's
Chapter 5 PSD regulations, which is to implement a PSD permitting
program in the State as required by Federal regulations at 40 CFR
51.166 and acknowledges that the current regulation replaces any
previously approved changes to the Chapter. The February 28, 2024, SIP
submission changes the regulation by removing the citations to 40 CFR
51.166 and 52.21 because the Federal PSD requirements at 40 CFR 52.21
and 51.166(f) are now addressed in 11 MAC, Part 2, Chapter 5, Rule 5.2,
Adoption of Federal Rules by Reference and Rule 5.4, Adoption of
Federal Rules for Exclusions from Increment Consumption, respectively.
The change adds a reference to 11 MAC, Part 2, Chapter 5 and clarifies
that the newly revised regulation replaces and supersedes previously
adopted versions. This includes removing the references to the date of
last amendment and promulgation of 40 CFR 51.166 and 52.21 since the
IBR dates are more appropriately addressed in Rules 5.2 and 5.4.
Lastly, the change corrects a misspelling of the word ``supersedes,''
and makes minor formatting changes. EPA proposes to approve
Mississippi's February 28, 2024, amendments at Chapter 5, Rule 5.1
because they streamline the description of the purpose of the State's
PSD permitting regulations at Chapter 5 and are consistent with Federal
PSD regulations.
ii. Chapter 5, Rule 5.2, Adoption of Federal Rules by Reference
Mississippi's SIP revision proposes changes to 11 MAC, Part 2,
Chapter 5, Regulations for the Prevention of Significant Deterioration,
at Rule 5.2, Adoption of Federal Rules by Reference, by updating the
incorporation by reference date for 40 CFR 52.21 from February 17,
2016, to December 27, 2023, with the exception of exclusions
[[Page 75521]]
listed in Rule 5.2.\24\ The IBR date change has the effect of
incorporating PSD-related rule revisions EPA has promulgated since
February 17, 2016, through December 27, 2023, discussed in section II.C
of this document, which ensures that the most recent version of
Appendix W will be used when considering air quality modeling for PSD
purposes in Mississippi. Mississippi's February 28, 2024, SIP revision
also revises 11 MAC, Part 2, Chapter 2, Rule 2.5(B) to reference the
version of Appendix W approved in Chapter 5 (see section IV.A
discussion above). Thus, by cross-referencing 11 MAC, Part 2, Chapter 5
for purposes of modeling ambient concentrations of air pollutants in 11
MAC, Part 2, Chapter 2, Rule 2.5(B), the State's regulation ensures
that any required modeling of ambient air quality will use the most
recent guidelines at Appendix W. EPA proposes to approve Mississippi's
February 28, 2024, amendments at Chapter 5, Rule 5.2 respecting the
update to the current version of Appendix W. Specifically,
Mississippi's proposed changes to Chapter 2, Rule 2.5(B) (see section
IV.A of this document) and Chapter 5, Rule 5.2 will have the combined
effect of incorporating the latest version of Appendix W, and, if
finalized, will satisfy the requirements of the PSD and modeling
elements for the 2015 8-hour ozone infrastructure SIP. Thus, EPA is
proposing to find that Mississippi has satisfied the requirements of
the PSD and modeling elements of section 110(a)(2)(C), (D)(i)(II)
(prong 3), (J), and (K) for the 2015 8-hour ozone NAAQS infrastructure
SIP and met the commitment associated with the March 1, 2023,
conditional approval discussed in section II.A of this document and
proposing to convert the conditional approval of these elements of
Mississippi's January 25, 2021, infrastructure SIP submission to a full
approval.
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\24\ The version of Rule 5.2 in the SIP does not incorporate by
reference the provisions at 52.21(b)(2)(v) and (b)(3)(iii)(c) that
were stayed indefinitely by the Fugitive Emissions Interim Rule (76
FR 17548 (March 30, 2011)). If EPA finalizes this action as
proposed, it will retain the text in the explanation column for Rule
5.2 at 40 CFR 52.1270(c).
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Mississippi's IBR update also incorporates the 40 CFR 52.21(b)(6)
Federal PSD updates promulgated in the May 12, 2016, Oil and Natural
Gas Source Determinations Rule, which clarifies the meaning of the term
``adjacent'' for purposes of evaluating whether onshore activities
belonging to SIC major group 13 (Oil and Gas Extraction) are considered
contiguous and adjacent with respect to determining the extent of the
stationary source (see section II.C.i of this document). MDEQ's
February 28, 2024, SIP submission formally adopts EPA's regulations
regarding evaluating onshore oil and natural gas activities for
adjacency. The meaning of ``adjacency'' for onshore activities is
addressed in the definition of ``building, structure, facility, or
installation'' term found in 40 CFR 52.21(b)(6) and clarifies PSD
applicability for the onshore oil and natural gas industry. This
revision is adopted by reference into Mississippi's PSD regulations at
11 MAC Part 2, Chapter. 5, Rule 5.2 through the IBR update. EPA
proposes to approve Mississippi's revision at Chapter 5, Rule 5.2
regarding the regulatory changes at 40 CFR 52.21(b)(6) promulgated in
the Oil and Natural Gas Source Determinations Rule because it is
consistent with the Federal PSD permitting regulations.
Mississippi's IBR update also incorporates PSD permitting changes
at 40 CFR 52.21(a)(2)(iv) promulgated in EPA's November 24, 2020,
Project Emissions Accounting Rule, regarding the PSD applicability for
determining whether a modification at an existing stationary source
constitutes a major modification, as defined in 40 CFR 52.21. This
regulatory revision was consistent with EPA's interpretation of its
pre-PEA regulations, as articulated in EPA guidance issued in the March
13, 2018, EPA memorandum from E. Scott Pruitt to the Regional
Administrators titled Project Emissions Accounting Under the New Source
Review Preconstruction Permitting Program.\25\ Project emissions
accounting allows both increases and decreases resulting from a project
to be considered in ``Step 1'' of the PSD applicability process.
Specifically, the Project Emissions Accounting Rule finalized
clarifications to the Step 1 provisions of the major modification
applicability test of the PSD rule at 40 CFR 52.21(a)(2)(iv) that
includes changes to 52.21(a)(2)(iv)(f), 40 CFR 52.21(a)(2)(iv)(c), 40
CFR 52.21(a)(2)(iv)(d) as discussed in section II.C.iv of this
document. See 85 FR 74890. These changes apply to projects that involve
multiple types of emissions units and provide that both emission
increases and decreases can be considered in Step 1 of the NSR major
modification applicability test in the same manner as they are
considered for projects that only involve existing emissions units or
only involve new emissions units. These requirements apply when there
is a ``reasonable possibility'' that the project could still result in
a significant emissions increase. Lastly, EPA did not make the
regulatory changes in the November 24, 2020, final rule mandatory for
adoption by State and local air agencies with approved major NSR
programs, but Mississippi elected to adopt these changes through the
revised IBR date of December 27, 2023. EPA proposes to approve into the
Mississippi SIP amendments to 40 CFR 52.21(a)(2)(iv) promulgated in the
Project Emissions Accounting Rule because these updates are consistent
with the Federal PSD permitting regulations.
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\25\ MDEQ has previously approved the use of the 2018 EPA Memo
in various projects at existing major stationary sources. For
example, project emissions accounting was used to account for
decreases due to the permanent shutdown and subsequent replacement
of a dryer at the Tronox LLC, Hamilton Facility [Agency Interest No.
8587; Air Permit No. 1840-00035]. An air construction permit was
issued on March 31, 2020, which addressed this replacement. As a
result of including decreases from the removed dryer in Step 1 of
the PSD analysis, the evaluation of contemporaneous increases and
decreases was not required because the Step 1 changes were below the
significant emissions rates specified in the PSD regulations. This
proposed action is not soliciting comments on previous issued final
PSD permits.
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Mississippi's IBR update also incorporates PSD revisions
promulgated in EPA's July 19, 2021, New Source Review Errors Correction
Rule as discussed above in section II.C.v which corrects minor,
inadvertent, and non-substantive errors in 40 CFR parts 51 and 52 that
govern NSR permitting programs and updates to regulatory text.
Specifically, EPA's rule corrects inadvertent typographical and
spelling errors, removes court vacated rule language, removes or
updates outdated or incorrect cross references, and conforms certain
provisions to changes contained in the 1990 CAA Amendments. Due to the
voluminous number of corrections promulgated in EPA's July 19, 2021,
please refer to the ``Reference Table of New Source Review Error
Corrections--Final Rule'' compilation of finalized changes at 40 CFR
52.21 in the Docket for this proposal action.\26\ EPA proposes to
approve into the Mississippi SIP amendments to 40 CFR 52.21 promulgated
in the New Source Errors Correction Rule because these updates are
minor updates and corrections and are consistent with the Federal PSD
permitting regulations.
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\26\ See ``Reference Table of New Source Review Error
Corrections--Final Rule,'' Docket ID: EPA-HQ-OAR-2019-0435-0019, for
40 CFR 52.21 (<a href="http://www.regulations.gov/document/EPA-HQ-OAR-2019-0345-0019">http://www.regulations.gov/document/EPA-HQ-OAR-2019-0345-0019</a>).
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Mississippi's IBR update also incorporates changes to 40 CFR 52.21
promulgated in the Permit Rescission Rule finalized November 7, 2016,
which
[[Page 75522]]
removes a date restriction that limited the use of the permit
rescission provision (i.e., a provision that allows a PSD permit to be
cancelled). Specifically, the changes to 40 CFR 52.21 include: (1)
revising 40 CFR 52.21(w)(2) to remove the July 30, 1987, date
restriction; (2) revising 40 CFR 52.21(w)(3) to change the word
``shall''' to ``may'' to make clear that this provision does not create
a mandatory duty on the Administrator to grant a rescission request;
\27\ and (3) revising 40 CFR 52.21(w)(1) to appropriately cross
reference paragraph (r) and not paragraph (s) of EPA's PSD
regulations.\28\ This change allows for the rescission of PSD permits
in accordance with the PSD criteria for permit rescission without the
date restriction for PSD permits issued by EPA, delegated permitting
authorities, or by a permitting authority with a SIP-approved NSR
program that incorporates 40 CFR 52.21(w). EPA proposes to approve into
the Mississippi SIP amendments to 40 CFR 52.21 promulgated in the
Permit Rescission Rule because these updates are consistent with the
Federal PSD permitting regulations.
---------------------------------------------------------------------------
\27\ Specifically, EPA proposed to replace the word ``shall''
with the word ``may'' in this provision to make clear that the
Administrator may deny a permit rescission request if he or she does
not concur with the analysis by the permit applicant that 40 CFR
52.21 ``would not apply to the source or modification.'' See 81 FR
78043.
\28\ Before the Permit Rescission Rule was finalized in 2016,
only permits based on rules issued on or before July 30, 1987, and
any PSD greenhouse gas permits issued as part of Step 2 of the
Tailoring Rule could be rescinded. Removal of the date restriction
allows for the rescission of EPA-issued or delegated permitting
authorities-issued PSD permits that are no longer needed and
clarifies the implementing provisions. See FACT SHEET Rescission of
Preconstruction Permits Issued Under the Clean Air Act (<a href="https://www.epa.gov/sites/default/files/2017-10/documents/permitrescissionfactsheet.pdf">https://www.epa.gov/sites/default/files/2017-10/documents/permitrescissionfactsheet.pdf</a>).
---------------------------------------------------------------------------
Lastly, Mississippi's February 28, 2024, SIP revision makes
administrative amendments to Rule 5.2 including removing the term
``phrases'' that are not incorporated, since the phrases are simply the
section headers and not specific phrases used throughout the
regulations. EPA is proposing to approve Mississippi's IBR update at
Chapter 5, Rule 5.2 adopting the version of 40 CFR 52.21 PSD permitting
regulations in the Mississippi SIP as of December 27, 2023 (with the
exception of exclusions established at Rule 5.2) \29\ for the reasons
discussed above in section IV.B.
---------------------------------------------------------------------------
\29\ The SIP revision does not propose any changes to these
exclusions.
---------------------------------------------------------------------------
iii. Chapter 5, Rule 5.4, Adoption of Federal Rules for Exclusions From
Increment Consumption
Rule 5.4, Adoption of Federal Rules for Exclusions from Increment
Consumption, adopts by reference 40 CFR 51.166(f) (Exclusions from
increment consumption) excluding the phrase ``The plan may provide
that'' and with certain changes listed in Rule 5.4. The February 28,
2024, SIP revision incorporates into the Mississippi the version of 40
CFR 51.166(f) promulgated as of December 27, 2023. No amendments were
promulgated for 40 CFR 51.166(f) from the previous incorporation date
of February 17, 2017, to the proposed December 27, 2023, IBR date. Rule
5.4 is also amended to remove the adoption by reference of the public
participation requirements in 40 CFR 51.166(q) because the State is
adopting public participation provisions in Rule 5.7. Additionally,
Rule 5.4 adds a clarification for when the term ``Administrator,'' in
the adopted text at 40 CFR 51.166(f), should mean the Mississippi
Environmental Quality Permit Board and when the term should continue to
refer to the EPA Administrator. Prior to the changes provided in the
February 28, 2024, SIP submission, the term continued to refer to the
EPA Administrator at 40 CFR 51.166 (f)(1)(v), (f)(4), and (q)(2)(iv)
only; however, the current changes remove (q)(2)(iv) from inclusion at
Rule 5.4 since the adoption of 40 CFR 51.166(q) was removed from Rule
5.4. Additionally, Rule 5.4 C, D, and E, which define other phrases in
51.166(q)(l) and (q)(2), including, ``specified time period,''
``reviewing authority,'' and ``one year'' have also been removed
because the phrases are simply the section headers and not specific
phrases used throughout the regulations. EPA is proposing to approve
Mississippi's February 28, 2024, amendments to 11 MAC Part 2, Chapter.
5, Rule 5.4 because they are consistent with EPA's PSD permitting
regulations.
iv. Chapter 5, Rule 5.7, Public Participation
Mississippi's February 28, 2024, SIP revision adds new Rule 5.7,
Public Participation, to 11 MAC, Part 2, Chapter 5. MDEQ had previously
incorporated by reference the public participation requirements of 40
CFR 51.166(q) in Rule 5.4. However, Mississippi removed the IBR of 40
CFR 51.166(q) public participation regulations from Rule 5.4 as part
the February 28, 2024, SIP submission (see section IV.B.iii of this
document) and instead set out the public participation regulations as a
new Rule 5.7. The new Rule 5.7 adds provisions established in EPA's
October 5, 2016, Public Participation Rule, which removed the mandatory
requirement to provide public notice of a draft permit through
publication in a newspaper and, instead, allow for electronic notice
(e-notice) of permitting actions via a public website identified by the
reviewing authority.\30\ Thus, Mississippi's new Rule 5.7 meets the PSD
permitting public participation requirements at 40 CFR 51.166(q),
including the allowance for e-notice of draft PSD permitting actions
via a public website to streamline the notification process for draft
permits and establish greater transparency and public engagement for
the regulated community and general public in Mississippi.
---------------------------------------------------------------------------
\30\ The selected notification method (i.e., either newspaper or
website) is known as the ``consistent noticing method'' and must be
used for all permits subject to notice under the NSR or Title V
permit programs. EPA leaves discretion to the reviewing authority
(i.e., MDEQ) to supplement the consistent noticing method with other
methods. If using the public website as the consistent noticing
method, the reviewing authority must also provide an electronic copy
of the draft permit for review, in addition to the notice itself,
and provide instructions regarding how to access the administrative
record for the draft permit and request and/or attend a public
hearing. This information must be made available on the public
website for the duration of the public comment period.
---------------------------------------------------------------------------
Rule 5.7 requires e-notice on the MDEQ website, replacing the
previous requirement for newspaper publication. This change aligns with
the Federal regulations specified in 40 CFR 51.166(q), which permit
electronic notification as an acceptable alternative to newspaper
publication. EPA's 2016 Public Participation Rule amended a portion of
the PSD Federal regulations at 51.166(q)(2)(ii), (iii), (vi), and
(viii) to implement the shift from mandatory newspaper noticing to e-
notice for PSD permits. Mississippi's Rule 5.7 meets the public
participation requirements from 40 CFR 51.166(q) in their entirety
which includes the e-notice amendments promulgated in the Public
Participation Rule. Specifically, Rule 5.7 establishes subparagraphs
(A) and (B) which are equivalent to the public participation
regulations at 40 CFR 51.166(q)(1) and (2)(i) through (viii) (i.e.,
Federal public participation regulations that were previously
incorporated by reference at Rule 5.4). Additionally, Rules 5.7(B)1,
(B)2, (B)3, (B)6, and (B)8 also include those changes at 40 CFR
51.166(q)2(ii), (iii), (vi), and (viii) that were promulgated in EPA's
2016 Public Participation Rule respecting (i.e., removal of the
mandatory requirement
[[Page 75523]]
to provide public notice of a draft permit (and certain other program
actions) through publication in a newspaper and to instead allow for
electronic noticing (``e-notice''). Rules 5.7(A), 5.7(B)4, (B)5, and
(B)7 set out the equivalent 40 CFR 51.166(q)(2)(i), (iv), (v), and
(vii) public participation regulations that were previously IBR at Rule
5.4 but were not amended in EPA's Public Participation Rule. Below
provides a description of the public participation requirements in Rule
5.7:
<bullet> Rule 5.7(A) sets out the requirements of 40 CFR
51.166(q)(1) and identifies MDEQ (``the Department'') as the reviewing
authority. The rule requires Mississippi to inform applicants of the
completeness of their application within a 30-day timeframe indicating
either its completeness or any deficiencies. The rule also provides
that, in case of deficiencies, the application's receipt date shall be
deemed as the day when all requisite information was received by the
Department. Mississippi's February 28, 2024, SIP revision simply moves
the previously incorporated version of 40 CFR 51.166(q)(1) in Rule 5.4
to Rule 5.7(A).
<bullet> Rule 5.7(B) sets out the requirements of 40 CFR
51.166(q)(2) to review and process complete applications within 150
days of receiving a complete permit application.
[cir] Rule 5.7(B)1 sets out the requirements of 40 CFR
51.166(q)(2)(i) that the Department shall make a preliminary
determination whether construction should be approved, approved with
conditions, or disapproved.
[cir] Rule 5.7(B)2 sets out the requirements of 40 CFR
51.166(q)(2)(ii) to make available in at least one location in each
region in which the proposed source would be constructed, a copy of
related permit materials such as the application and summary
documentation used to make preliminary determinations and allows the
option to provide said materials on the Department's website in lieu of
a physical location.
[cir] Rule 5.7(B)3 sets out requirements of 40 CFR
51.166(q)(2)(iii) and establishes the Department's website as the
consistent noticing method rather than a newspaper of general
circulation. The public notice, draft permit, and information on
accessing the administrative record and requesting and/or attending a
public hearing, which is contained in the public notice document, will
be available on the MDEQ website for the duration of the public comment
period. Mississippi will publish notices on the Department's website,
allowing for at least 30 days for public comment, and may, when it
deems appropriate, supplement the e-notice with other noticing methods
for individual permits.
[cir] Rule 5.7(B)4 sets out the requirements of 40 CFR
51.166(q)(2)(iv) establishing requirements for the reviewing authority
to send a copy of the public notice to the applicant, the EPA
Administrator, and other interested officials and agencies. This also
includes State or local air pollution control agencies, city and county
chief executives, regional land use planning agencies, and any Federal
land manager or Indian governing body potentially affected by emissions
from the source or modification. Mississippi's February 28, 2024, SIP
revision simply moves the previously incorporated version of 40 CFR
51.166(q)(2)(iv) in Rule 5.4 to Rule 5.7B(4).
[cir] Rule 5.7(B)5 sets out the requirements of 40 CFR
51.166(q)(2)(vi) providing an opportunity for a public hearing where
interested individuals can present written or oral comments on the air
quality impact of the proposed source, alternatives to it, required
control technology, and other appropriate considerations. The SIP
revision moves the previously incorporated version of 40 CFR
51.166(q)(1) in Rule 5.4 to Rule 5.7B(5).
[cir] Rule 5.7(B)6 sets out the requirements of 40 CFR
51.166(q)(2)(vi) and requires MDEQ to make available for public
inspection, public comments received at a public hearing or during the
comment period on the MDEQ website, rather than at a physical location.
Specifically, the Department is required to consider all written
comments submitted within the specified time frame mentioned in the
public notice, as well as any comments received during public hearings
when making the final decision on the applications approval. All
comments will be made available for public inspection at the same
location or website where preconstruction information was provided.
[cir] Rule 5.7(B)7 sets out the requirements at 51.166(q)(2)(vii)
that the Department shall make a final determination on whether
construction should be approved, approved with conditions, or
disapproved after making a preliminary determination under subparagraph
B(1). Mississippi's February 28, 2024, SIP revision simply moves the
previously incorporated version of 40 CFR 51.166(q)(2)(vii) in Rule
5.4. to Rule 5.7(B)7.
[cir] Rule 5.7(B)8 sets out the requirements of 40 CFR
51.166(q)(2)(viii) and requires MDEQ to make the final determination on
whether construction should be approved, approved with conditions, or
disapproved, available at the same location or on the same MDEQ website
MDEQ used for preconstruction information and public comments.
Specifically, the Department shall notify the applicant in writing of
the final determination and ensure that this notification is accessible
for public inspection at the same location or website where the
Department made available preconstruction information and public
comments relating to the proposed source or modification.
Mississippi's February 28, 2024, SIP revision sets out at Rule 5.7
the requirements for PSD public participation from 40 CFR 51.166(q) as
amended on October 5, 2016, which includes those changes promulgated in
the Public Participation Rule. As discussed above, Mississippi's
February 28, 2024, SIP revision removes the IBR of the PSD public
participation requirements at 40 CFR 51.166(q) and instead sets out
these Federal requirements at Rule 5.7 which includes the amendments
promulgated in EPA's 2016 Public Participation Rule. EPA is proposing
to approve Mississippi's February 28, 2024, SIP submission because the
SIP revision is consistent with the PSD public participation
regulations at 40 CFR 51.166(q).
Based on EPA's analysis of the proposed aforementioned revisions to
Mississippi's PSD permitting regulations at 11 MAC Part 2, Chapter 5,
EPA is proposing to approve these changes because the revisions are
consistent with the CAA and the PSD program requirements of 40 CFR
51.166 and 52.21.
V. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in section IV of this
preamble, EPA is proposing to incorporate by reference Mississippi
Rules 11 MAC, Part 2, Chapter 2, Rules 2.5B(1) and B(2), Application
Review; 11 MAC, Part 2, Chapter 5, Rule 5.1, Purpose of this
regulation; Rule 5.2, Adoption of Federal Rules by Reference; \31\ Rule
5.3, Definition of term ``Administrator''; Rule 5.4, Adoption of
Federal Rules for
[[Page 75524]]
Exclusions from Increment Consumption; Rule 5.6, Applicability; and
Rule 5.7, Public Participation, all of which are State effective on
February 22, 2024. EPA has made, and will continue to make, these
materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the
EPA Region 4 office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).
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\31\ Rule 5.2 does not incorporate by reference the provisions
at 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely
by the Fugitive Emissions Interim Rule (76 FR 17548 (March 30,
2011)). If EPA finalizes this action as proposed, it will retain the
text in the explanation column for Rule 5.2 at 40 CFR 52.1270(c).
---------------------------------------------------------------------------
VI. Proposed Action
EPA is proposing to approve changes to 11 MAC Part 2, Chapter 2,
Rule 2.5B(1) and B(2), Application Review; 11 MAC, Part 2, Chapter 5,
Rule 5.1, Purpose of this regulation; Rule 5.2, Adoption of Federal
Rules by Reference; Rule 5.3, Definition of term ``Administrator'';
Rule 5.4, Adoption of Federal Rules for Exclusions from Increment
Consumption; Rule 5.6 Applicability; and Rule 5.7, Public
Participation. In addition, EPA is proposing to convert the conditional
approval of the portions of the 2015 8-hour ozone NAAQS iSIP that
address the PSD related requirements of CAA sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), and the modeling
requirements of 110(a)(2)(K) to a full approval.
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
In addition, 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 proposed rule does not have Tribal implications and will
not impose substantial direct costs on Tribal governments or preempt
Tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
MDEQ did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898 of achieving EJ for communities with
EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 11, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-21007 Filed 9-13-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 16, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.