Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Emissions Inventory for the Crittenden County Ozone Non-Attainment Area; Emissions Statements, 2383-2387 [E9-618]
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This action, in
conjunction with other existing
programs, would not relax the control
measures on sources regulated by the
final action and therefore would not
cause emissions increases from these
sources.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective February 17, 2009.
L. Judicial Review
Under CAA section 307(b), judicial
review of this final action is available
only by filing a petition for review in
the U.S. Court of Appeals for the District
of Columbia Circuit on or before March
16, 2009. Under CAA section
307(d)(7)(B), only those objections to the
final rule that were raised with
specificity during the period of public
comment may be raised during judicial
review. Moreover, under CAA section
307(b)(2), the requirements established
by this final rule may not be challenged
separately in any civil or criminal
proceedings brough by EPA to enforce
these requirements.
VI. Statutory Authority
The statutory authority for this action
is provided by sections 307(d)(7)(B),
101, 111, 114, 116, and 301 of the CAA
as amended (42 U.S.C. 7401, 7411, 7414,
7416, and 7601). This notice is also
subject to section 307(d) of the CAA (42
U.S.C. 7407(d)).
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List of Subjects
40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Baseline
emissions, Intergovernmental relations,
Netting, Aggregation, Major
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modifications, Reporting and
recordkeeping requirements.
40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Baseline
emissions, Intergovernmental relations,
Netting, Aggregation, Major
modifications, Reporting and
recordkeeping requirements.
Dated: January 12, 2009.
Stephen L. Johnson,
Administrator.
[FR Doc. E9–815 Filed 1–14–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–1153; FRL–8762–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Arkansas; Emissions Inventory for the
Crittenden County Ozone NonAttainment Area; Emissions
Statements
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to
the Arkansas State Implementation Plan
(SIP) to meet the Emissions Inventory
and Emissions Statements requirements
of the Clean Air Act (CAA) for the
Crittenden County ozone nonattainment
area. EPA is approving the SIP revision
because it satisfies the Emissions
Inventory and Emissions Statements
requirements for 8-hour ozone
nonattainment areas. EPA is approving
the revision pursuant to section 110 of
the CAA.
DATES: This direct final rule will be
effective March 16, 2009 without further
notice unless EPA receives adverse
comments by February 17, 2009. If
adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2007–1153, by one of the
following methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
• Follow the online instructions for
submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
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2383
r6coment.htm. Please click on ‘‘6PD
(Multimedia)’’ and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7242.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays,
and not on legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket No. EPA–R06–OAR–2007–1153.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
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some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection during official
business hours, by appointment, at the
Arkansas Department of Environmental
Quality, 5301 Northshore Drive, North
Little Rock, AR 72118–5317.
FOR FURTHER INFORMATION CONTACT:
Dylan Van Dyne, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–7113; fax number
214–665–7263; e-mail address
vandyne.dylan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What Action is EPA Taking?
II. What is a SIP?
III. What is the Background for this Action?
IV. What is EPA’s Evaluation of the Revision?
V. Statutory and Executive Order Reviews
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I. What Action Is EPA Taking?
We are approving a revision to the
Arkansas SIP, submitted to meet the
Emissions Inventory and Emissions
Statement requirements of the CAA for
the Crittenden County 8-hour ozone
non-attainment area.1 The revision was
adopted by the State of Arkansas on
June 22, 2007, became effective July 15,
2007, and was submitted to EPA on
1 The
Emissions Statement portion of the revision
is a statewide rule applying to all counties in
Arkansas.
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November 19, 2007. We are approving
the Emissions Inventory for Crittenden
County because it satisfies the
Emissions Inventory requirements for 8hour ozone nonattainment areas
classified as marginal or above. We are
approving the revisions to the Arkansas
Regulations requiring Emissions
certification as meeting Emissions
Statement requirements of the CAA. We
are approving the revision pursuant to
section 110 of the CAA.
EPA is publishing this rule without
prior proposal because we view this as
a noncontroversial amendment and
anticipate no relevant adverse
comments. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the SIP revision if
relevant adverse comments are received.
This rule will be effective on March 16,
2009 without further notice unless we
receive relevant adverse comment by
February 17, 2009. If we receive relevant
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
II. What Is a SIP?
Section 110 of the CAA requires states
to develop air pollution regulations and
control strategies to ensure that air
quality meets the national ambient air
quality standards (NAAQS) established
by EPA. NAAQS are established under
section 109 of the CAA and currently
address six criteria pollutants: Carbon
monoxide, nitrogen dioxide, ozone,
lead, particulate matter, and sulfur
dioxide.
A SIP is a set of air pollution
regulations, control strategies, other
means or techniques, and technical
analyses developed by the state, to
ensure that the state meets the NAAQS.
It is required by section 110 and other
provisions of the CAA. A SIP protects
air quality primarily by addressing air
pollution at its point of origin. A SIP
can be extensive, containing state
regulations or other enforceable
documents, and supporting information
such as emissions inventories,
monitoring networks, and modeling
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demonstrations. Each state must submit
regulations and control strategies to EPA
for approval and incorporation into the
federally-enforceable SIP.
III. What Is the Background for This
Action?
Inhaling even low levels of ozone, a
key component of urban smog, can
trigger a variety of health problems
including chest pains, coughing, nausea,
throat irritation, and congestion. It can
also worsen bronchitis and asthma, and
reduce lung capacity. Volatile organic
compounds (VOC) and oxides of
nitrogen (NOX) are known as ‘‘ozone
precursors’’, as VOCs react with NOX,
oxygen, and sunlight to form ozone.
EPA promulgated, on July 18, 1997, a
revised 8-hour ozone standard of 0.08
parts per million (ppm), which is more
protective than the previous 1-hour
ozone standard (62 FR 38855).2 On
April 30, 2004 EPA published
designations for the 1997 standard 8hour ozone standard (69 FR 23858).
Crittenden County, Arkansas and
Memphis, Tennessee were designated as
an ozone nonattainment area; and the
area was classified as a moderate
nonattainment area under subpart 2
with an attainment date of no later than
June 15, 2010. On July 15, 2004,
pursuant to section 181(a)(4) of the
CAA, the States of Tennessee and
Arkansas submitted a petition to EPA
Regions 4 and 6, requesting a downward
reclassification of the area ‘‘moderate’’
to ‘‘marginal’’ for the 8-hour ozone
standard. The petition was approved by
EPA on September 22, 2004 (69 FR
56697). As a result of the downward
classification, the new attainment date
for the area was set at no later than June
15, 2007 (73 FR 15087). The 1997 ozone
standard was not attained by this date,
so the area was reclassified back to
‘‘moderate’’ on March 28, 2008, with a
new attainment date of no later than
June 15, 2010 (73 FR 16547).
Sections 172(c)(3) and 182(a)(1) of the
Clean Air Act (CAA) and EPA’s 8-hour
ozone regulation (40 CFR 51.915)
require submission of an emissions
inventory for each 8-hour ozone nonattainment area. An emissions inventory
is an estimation of actual emissions of
air pollutants in an area. The emissions
inventory for an ozone nonattainment
area contains nitrogen oxide (NOX),
volatile organic compound (VOC), and
carbon monoxide (CO) emissions as
these pollutants are precursors to ozone
2 EPA issued a revised 8-hour ozone standard on
March 27, 2008 (73 FR 16436). The designation and
implementation process for that standard is just
starting and does not affect EPA’s action here.
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formation. In this case, the emissions
inventory is for the year 2002.
CAA section 182(a)(3)(B) calls for the
SIP to require that owners or operators
of each stationary source of NOX and
VOC in an ozone non-attainment area
submit an annual emissions statement.
The emissions statement must show the
actual emissions of NOX or VOC and
contain a certification that the
information contained in the statement
is accurate to the best knowledge of the
individual certifying the statement.
On December 22, 2006, the U.S. Court
of Appeals for the District of Columbia
Circuit vacated EPA’s Phase 1 Rule in
South Coast Air Quality Management
Dist. v. EPA, 472 F.3d 882 (DC Cir.
2006). On June 8, 2007, in response to
several petitions for rehearing, the court
modified the scope of vacatur of the
Phase 1 Rule. See 489 F.3d 1245 (DC
Cir. 2007), cert. denied, 128 S.Ct. 1065
(2008). The court vacated those portions
of the Phase 1 Rule that provide for
regulation of the 1997 8-hour ozone
NAAQS in some nonattainment areas
under Subpart 1 in lieu of Subpart 2 and
that allowed areas to revise their SIPs to
no longer require certain programs as
they applied for purposes of the 1-hour
NAAQS; new source review, section 185
penalties, and contingency plans for
failure to meet RFP and attainment
milestones. The decision does not affect
the requirements for areas classified
under subpart 2, such as the Crittenden
area, to submit a base year emission
inventory for the 1997 8-hour ozone
NAAQS. Litigation on the Phase 2 Rule
is pending before the D.C. Circuit Court
of Appeals.
On November 19, 2007, ADEQ
submitted both the 2002 base year
emission inventory for the Crittenden
County 8-hour ozone non-attainment
area and the certification statement
requirement that was added to the
Arkansas Pollution Control and Ecology
Commission’s Regulation Number 19
(Regulations of the Arkansas Plan of
Implementation for Air Pollution
Control). These regulations require each
emission inventory is to be
accompanied by a certifying statement
attesting that the information contained
in the inventory is true and accurate to
the best knowledge of the certifying
official.
IV. What Is EPA’s Evaluation of the
Revision?
EPA has reviewed the revision for
consistency with the requirements of
EPA regulations. A summary of EPA’s
analysis is provided below. For a full
discussion of our evaluation, please see
our TSD.
A. Crittenden County Has an
Approvable Base Year Emissions
Inventory
CAA sections 172(c)(3) and 182(a)(1)
require an inventory of actual emissions
from all sources of relevant pollutants in
the nonattainment area. EPA strongly
recommended using 2002 as the base
year emissions inventory. Arkansas has
developed a 2002 base year inventory
for the Crittenden County
nonattainment area. The 2002 base year
emissions inventory includes all point,
area, non-road mobile, and on-road
mobile source emissions in all of
Crittenden County. EPA has determined
that the inventory was developed in
accordance with EPA guidelines, and
that the revised 2002 base year emission
inventory is approvable. For more
information, see the TSD for this
section. Table 1 lists the emissions
inventory for the Crittenden County
area. For more detail on how emissions
inventories were estimated, see the
Technical Support Document.
TABLE 1—BASE YEAR EMISSIONS INVENTORY IN TONS PER DAY (TPD)
Source category
VOC
NOX
CO
Point .............................................................................................................................................
Non-Point .....................................................................................................................................
On-Road ......................................................................................................................................
Non-Road .....................................................................................................................................
2.21
7.66
5.13
2.71
1.05
0.84
7.61
11.99
0.35
61.34
64.57
18.02
County total ..........................................................................................................................
17.71
21.49
144.28
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B. The Arkansas Emissions Statement
Regulation Is Approvable
CAA section 182(a)(3)(B) calls for the
SIP to require that owners or operators
of each stationary source of NOX and
VOC in an ozone non-attainment area
submit an annual emissions statement.
The emissions statement must show the
actual emissions of NOX or VOC and
contain a certification that the
information contained in the statement
is accurate to the best knowledge of the
individual certifying the statement.
Arkansas revised Regulation 19,
Chapter 7 (Sampling, Monitoring, and
Reporting Requirements), to require
emissions statements. Regulation
19.705(D) states, ‘‘Each emission
inventory is to be accompanied by a
certifying statement, signed by the
owner(s) or operator(s) and attesting that
the information contained in the
inventory is true and accurate to the
best knowledge of the certifying official.
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The certification shall include the full
name, title, signature, date of signature,
and telephone number of the certifying
official.’’ This revision is a statewide
rule, applying to all counties in
Arkansas, not just Crittenden County.
By requiring the owner or operator of
each stationary source to submit annual
emissions statements of emissions of
NOX and VOCs, the revision to
Regulation 19.705 meets the
requirements of CAA section
182(a)(3)(B).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 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
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the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
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in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the 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 March 16, 2009.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
§ 52.170
Dated: December 24, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
■
40 CFR part 52 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 et seq.
Subpart E—Arkansas
2. Section 52.170 is amended as
follows:
■ a. The table in paragraph (c) entitled
‘‘EPA Approved Regulations in the
Arkansas SIP’’ is amended by revising
the entry for Reg. 19.705;
■ b. Paragraph (e) is amended by adding
a new table entitled ‘‘EPA Approved
Nonregulatory Provisions and QuasiRegulatory Measures in the Arkansas
SIP’’ and an entry for the Crittenden
County Emissions Inventory.
The revision and addition reads as
follows:
■
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED REGULATIONS IN THE ARKANSAS SIP
State citation
Title/subject
State submittal/effective
date
*
*
*
Reg. 19.705 ............................ Recordkeeping and Reporting
Requirements.
*
*
(e) * * *
*
*
*
*
*
6/22/07
*
*
EPA approval date
Comments
*
*
1/15/09 [Insert FR page number where document begins].
*
*
*
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Name of SIP provision
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Emissions Inventory for
Crittenden County.
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Applicable geographic or nonattainment area
State approval/submittal date
Crittenden County ..................
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EPA approval date
1/15/09 [Insert FR page number where document begins].
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
[FR Doc. E9–618 Filed 1–14–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2006–0357; FRL–8761–4]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Approval of the Section 110(a)(1)
Maintenance Plan for the 1997 8-Hour
Ozone Standard for El Paso County
mstockstill on PROD1PC66 with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action approving a revision to the Texas
State Implementation Plan (SIP). The
revision consists of a maintenance plan
for El Paso County developed to ensure
continued attainment of the 1997 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) through the year
2014. The Maintenance Plan meets the
statutory and regulatory requirements,
and is consistent with EPA’s guidance.
EPA is approving the revision pursuant
to section 110 of the Federal Clean Air
Act (CAA).
DATES: This rule is effective on March
16, 2009 without further notice, unless
EPA receives relevant adverse comment
by February 17, 2009. If EPA receives
such comment, EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2006–0357, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• EPA Region 6 ‘‘Contact Us’’ Web
site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
VerDate Nov<24>2008
16:54 Jan 14, 2009
Jkt 217001
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2006–
0357. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733.
The file will be made available by
appointment for public inspection in
the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
PO 00000
Frm 00095
Fmt 4700
Sfmt 4700
2387
Contact the person listed in the FOR
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Texas Commission on Environmental
Quality, Office of Air Quality, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–8542; fax number
214–665–7263; e-mail address
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean
the EPA.
Outline
I. What Is the Action EPA Is Taking?
II. What Is the Background for This Action?
III. What Is EPA’s Analysis of the State’s
Submittal?
IV. What Preconstruction Permitting Program
Applies in the Area?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What Is the Action EPA Is Taking?
EPA is approving a revision to the
Texas SIP. The revision is a 1997 8-hour
ozone NAAQS maintenance plan for El
Paso County. The State of Texas,
through the Texas Commission on
Environmental Quality (TCEQ),
submitted the 1997 8-hour ozone
NAAQS maintenance plan for El Paso
County to EPA on January 20, 2006.
EPA is approving the maintenance plan
SIP revision for El Paso County as
meeting the requirements of CAA
Section 110(a)(1) and EPA’s regulations
under 40 CFR 51.905(c) and (d) and
being consistent with EPA guidance.
The maintenance plan is designed to
help keep the El Paso area in attainment
for the 8-hour ozone NAAQS through
the year 2014.
II. What Is the Background for This
Action?
Under the 1990 CAA Amendments, El
Paso County continued to be designated
nonattainment for the 1-hour ozone
NAAQS by operation of law and was
E:\FR\FM\15JAR1.SGM
15JAR1
Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2383-2387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-618]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-1153; FRL-8762-4]
Approval and Promulgation of Air Quality Implementation Plans;
Arkansas; Emissions Inventory for the Crittenden County Ozone Non-
Attainment Area; Emissions Statements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Arkansas State Implementation Plan (SIP) to meet the
Emissions Inventory and Emissions Statements requirements of the Clean
Air Act (CAA) for the Crittenden County ozone nonattainment area. EPA
is approving the SIP revision because it satisfies the Emissions
Inventory and Emissions Statements requirements for 8-hour ozone
nonattainment areas. EPA is approving the revision pursuant to section
110 of the CAA.
DATES: This direct final rule will be effective March 16, 2009 without
further notice unless EPA receives adverse comments by February 17,
2009. If adverse comments are received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-1153, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
EPA Region 6 ``Contact Us'' Web site: https://epa.gov/
region6/r6coment.htm. Please click on ``6PD (Multimedia)'' and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7242.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays, and not
on legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket No. EPA-R06-OAR-2007-
1153. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index,
[[Page 2384]]
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at 214-665-7253
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cent per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.
The State submittal is also available for public inspection during
official business hours, by appointment, at the Arkansas Department of
Environmental Quality, 5301 Northshore Drive, North Little Rock, AR
72118-5317.
FOR FURTHER INFORMATION CONTACT: Dylan Van Dyne, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone 214-665-7113; fax number
214-665-7263; e-mail address vandyne.dylan@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' is used, we mean the EPA.
Outline
I. What Action is EPA Taking?
II. What is a SIP?
III. What is the Background for this Action?
IV. What is EPA's Evaluation of the Revision?
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
We are approving a revision to the Arkansas SIP, submitted to meet
the Emissions Inventory and Emissions Statement requirements of the CAA
for the Crittenden County 8-hour ozone non-attainment area.\1\ The
revision was adopted by the State of Arkansas on June 22, 2007, became
effective July 15, 2007, and was submitted to EPA on November 19, 2007.
We are approving the Emissions Inventory for Crittenden County because
it satisfies the Emissions Inventory requirements for 8-hour ozone
nonattainment areas classified as marginal or above. We are approving
the revisions to the Arkansas Regulations requiring Emissions
certification as meeting Emissions Statement requirements of the CAA.
We are approving the revision pursuant to section 110 of the CAA.
---------------------------------------------------------------------------
\1\ The Emissions Statement portion of the revision is a
statewide rule applying to all counties in Arkansas.
---------------------------------------------------------------------------
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on March 16, 2009
without further notice unless we receive relevant adverse comment by
February 17, 2009. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.
II. What Is a SIP?
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
national ambient air quality standards (NAAQS) established by EPA.
NAAQS are established under section 109 of the CAA and currently
address six criteria pollutants: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
A SIP is a set of air pollution regulations, control strategies,
other means or techniques, and technical analyses developed by the
state, to ensure that the state meets the NAAQS. It is required by
section 110 and other provisions of the CAA. A SIP protects air quality
primarily by addressing air pollution at its point of origin. A SIP can
be extensive, containing state regulations or other enforceable
documents, and supporting information such as emissions inventories,
monitoring networks, and modeling demonstrations. Each state must
submit regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP.
III. What Is the Background for This Action?
Inhaling even low levels of ozone, a key component of urban smog,
can trigger a variety of health problems including chest pains,
coughing, nausea, throat irritation, and congestion. It can also worsen
bronchitis and asthma, and reduce lung capacity. Volatile organic
compounds (VOC) and oxides of nitrogen (NOX) are known as
``ozone precursors'', as VOCs react with NOX, oxygen, and
sunlight to form ozone.
EPA promulgated, on July 18, 1997, a revised 8-hour ozone standard
of 0.08 parts per million (ppm), which is more protective than the
previous 1-hour ozone standard (62 FR 38855).\2\ On April 30, 2004 EPA
published designations for the 1997 standard 8-hour ozone standard (69
FR 23858). Crittenden County, Arkansas and Memphis, Tennessee were
designated as an ozone nonattainment area; and the area was classified
as a moderate nonattainment area under subpart 2 with an attainment
date of no later than June 15, 2010. On July 15, 2004, pursuant to
section 181(a)(4) of the CAA, the States of Tennessee and Arkansas
submitted a petition to EPA Regions 4 and 6, requesting a downward
reclassification of the area ``moderate'' to ``marginal'' for the 8-
hour ozone standard. The petition was approved by EPA on September 22,
2004 (69 FR 56697). As a result of the downward classification, the new
attainment date for the area was set at no later than June 15, 2007 (73
FR 15087). The 1997 ozone standard was not attained by this date, so
the area was reclassified back to ``moderate'' on March 28, 2008, with
a new attainment date of no later than June 15, 2010 (73 FR 16547).
---------------------------------------------------------------------------
\2\ EPA issued a revised 8-hour ozone standard on March 27, 2008
(73 FR 16436). The designation and implementation process for that
standard is just starting and does not affect EPA's action here.
---------------------------------------------------------------------------
Sections 172(c)(3) and 182(a)(1) of the Clean Air Act (CAA) and
EPA's 8-hour ozone regulation (40 CFR 51.915) require submission of an
emissions inventory for each 8-hour ozone non-attainment area. An
emissions inventory is an estimation of actual emissions of air
pollutants in an area. The emissions inventory for an ozone
nonattainment area contains nitrogen oxide (NOX), volatile
organic compound (VOC), and carbon monoxide (CO) emissions as these
pollutants are precursors to ozone
[[Page 2385]]
formation. In this case, the emissions inventory is for the year 2002.
CAA section 182(a)(3)(B) calls for the SIP to require that owners
or operators of each stationary source of NOX and VOC in an
ozone non-attainment area submit an annual emissions statement. The
emissions statement must show the actual emissions of NOX or
VOC and contain a certification that the information contained in the
statement is accurate to the best knowledge of the individual
certifying the statement.
On December 22, 2006, the U.S. Court of Appeals for the District of
Columbia Circuit vacated EPA's Phase 1 Rule in South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (DC Cir. 2006). On June 8, 2007,
in response to several petitions for rehearing, the court modified the
scope of vacatur of the Phase 1 Rule. See 489 F.3d 1245 (DC Cir. 2007),
cert. denied, 128 S.Ct. 1065 (2008). The court vacated those portions
of the Phase 1 Rule that provide for regulation of the 1997 8-hour
ozone NAAQS in some nonattainment areas under Subpart 1 in lieu of
Subpart 2 and that allowed areas to revise their SIPs to no longer
require certain programs as they applied for purposes of the 1-hour
NAAQS; new source review, section 185 penalties, and contingency plans
for failure to meet RFP and attainment milestones. The decision does
not affect the requirements for areas classified under subpart 2, such
as the Crittenden area, to submit a base year emission inventory for
the 1997 8-hour ozone NAAQS. Litigation on the Phase 2 Rule is pending
before the D.C. Circuit Court of Appeals.
On November 19, 2007, ADEQ submitted both the 2002 base year
emission inventory for the Crittenden County 8-hour ozone non-
attainment area and the certification statement requirement that was
added to the Arkansas Pollution Control and Ecology Commission's
Regulation Number 19 (Regulations of the Arkansas Plan of
Implementation for Air Pollution Control). These regulations require
each emission inventory is to be accompanied by a certifying statement
attesting that the information contained in the inventory is true and
accurate to the best knowledge of the certifying official.
IV. What Is EPA's Evaluation of the Revision?
EPA has reviewed the revision for consistency with the requirements
of EPA regulations. A summary of EPA's analysis is provided below. For
a full discussion of our evaluation, please see our TSD.
A. Crittenden County Has an Approvable Base Year Emissions Inventory
CAA sections 172(c)(3) and 182(a)(1) require an inventory of actual
emissions from all sources of relevant pollutants in the nonattainment
area. EPA strongly recommended using 2002 as the base year emissions
inventory. Arkansas has developed a 2002 base year inventory for the
Crittenden County nonattainment area. The 2002 base year emissions
inventory includes all point, area, non-road mobile, and on-road mobile
source emissions in all of Crittenden County. EPA has determined that
the inventory was developed in accordance with EPA guidelines, and that
the revised 2002 base year emission inventory is approvable. For more
information, see the TSD for this section. Table 1 lists the emissions
inventory for the Crittenden County area. For more detail on how
emissions inventories were estimated, see the Technical Support
Document.
Table 1--Base Year Emissions Inventory in Tons per Day (TPD)
----------------------------------------------------------------------------------------------------------------
Source category VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Point........................................................... 2.21 1.05 0.35
Non-Point....................................................... 7.66 0.84 61.34
On-Road......................................................... 5.13 7.61 64.57
Non-Road........................................................ 2.71 11.99 18.02
-----------------------------------------------
County total................................................ 17.71 21.49 144.28
----------------------------------------------------------------------------------------------------------------
B. The Arkansas Emissions Statement Regulation Is Approvable
CAA section 182(a)(3)(B) calls for the SIP to require that owners
or operators of each stationary source of NOX and VOC in an
ozone non-attainment area submit an annual emissions statement. The
emissions statement must show the actual emissions of NOX or
VOC and contain a certification that the information contained in the
statement is accurate to the best knowledge of the individual
certifying the statement.
Arkansas revised Regulation 19, Chapter 7 (Sampling, Monitoring,
and Reporting Requirements), to require emissions statements.
Regulation 19.705(D) states, ``Each emission inventory is to be
accompanied by a certifying statement, signed by the owner(s) or
operator(s) and attesting that the information contained in the
inventory is true and accurate to the best knowledge of the certifying
official. The certification shall include the full name, title,
signature, date of signature, and telephone number of the certifying
official.'' This revision is a statewide rule, applying to all counties
in Arkansas, not just Crittenden County.
By requiring the owner or operator of each stationary source to
submit annual emissions statements of emissions of NOX and
VOCs, the revision to Regulation 19.705 meets the requirements of CAA
section 182(a)(3)(B).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described
[[Page 2386]]
in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 March 16, 2009. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: December 24, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. Section 52.170 is amended as follows:
0
a. The table in paragraph (c) entitled ``EPA Approved Regulations in
the Arkansas SIP'' is amended by revising the entry for Reg. 19.705;
0
b. Paragraph (e) is amended by adding a new table entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Arkansas SIP'' and an entry for the Crittenden County Emissions
Inventory.
The revision and addition reads as follows:
Sec. 52.170 Identification of plan.
* * * * *
(c) * * *
EPA Approved Regulations In the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject submittal/ EPA approval date Comments
effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reg. 19.705...................... Recordkeeping and 6/22/07 1/15/09 [Insert FR
Reporting page number where
Requirements. document begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
* * * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures In the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or non- State approval/ EPA approval date Comments
attainment area submittal date
----------------------------------------------------------------------------------------------------------------
Emissions Inventory for Crittenden County.. 6/22/07 1/15/09 [Insert FR
Crittenden County. page number where
document begins].
----------------------------------------------------------------------------------------------------------------
[[Page 2387]]
[FR Doc. E9-618 Filed 1-14-09; 8:45 am]
BILLING CODE 6560-50-P