Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Infrastructure Requirements for the 1997 Ozone NAAQS and the 1997 and 2006 PM2.5, 50033-50038 [2012-20085]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 161 (Monday, August 20, 2012)]
[Rules and Regulations]
[Pages 50033-50038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20085]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2008-0633; FRL-9713-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Arkansas; Infrastructure Requirements for the 1997 Ozone NAAQS and the 
1997 and 2006 PM2.5 NAAQS and Interstate Transport Requirements for the 
1997 Ozone NAAQS and 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is partially approving and partially disapproving 
submittals from the State of Arkansas pursuant to the Clean Air Act 
(CAA or the Act) that address certain infrastructure elements specified 
in the CAA necessary to implement, maintain, and enforce the 1997 8-
hour ozone and the 1997 and 2006 fine particulate matter 
(PM2.5) national ambient air quality standards (NAAQS or 
standards). EPA is also making a correction to an attainment status 
table in its regulations to accurately reflect the redesignation date 
of Crittenden County, Arkansas to attainment for the 1997 8-hour ozone 
standard.

DATES: This final rule is effective on September 19, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-

[[Page 50034]]

2008-0633. All documents in the docket are listed at 
www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through 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 Freedom of 
Information Act (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, Planning and Air Quality Analysis Branch, 5301 
Northshore Drive, North Little Rock, Arkansas 72118.

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; email address: riley.jeffrey@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
February 9, 2012, proposal (77 FR 6711). In that notice, we proposed to 
partially approve and partially disapprove submittals from the State of 
Arkansas, pursuant to the CAA, that address the infrastructure elements 
specified in the CAA section 110(a)(2), necessary to implement, 
maintain, and enforce the 1997 8-hour ozone, the 1997 and 2006 
PM2.5 NAAQS. Those submittals are dated December 17, 2007, 
March 28, 2008, and September 16, 2009, respectively. We noted that 
those submittals did not include revisions to the SIP, but documented 
how the current Arkansas SIP already included the required 
infrastructure elements. Therefore, we proposed to find that the 
following section 110(a)(2) elements were contained in the current 
Arkansas SIP and provided the infrastructure for implementing the 1997 
8-hour ozone standard: CAA Sections 110(a)(2)(A), (B), (E), (F), (G), 
(H), (K), (L), (M), and portions of (C), (D)(ii), and (J). EPA also 
proposed to find that the following section 110(a)(2) elements were 
contained in the current Arkansas SIP and provided the infrastructure 
for implementing the 1997 and 2006 PM2.5 standards: CAA 
Sections 110(a)(2)(A), (B), (E), (F), (G), (H), (K), (L), and (M). EPA 
also proposed to find that the current Arkansas SIP does not meet the 
infrastructure requirements for the 1997 8-hour ozone NAAQS and the 
1997 and 2006 PM2.5 NAAQS at 110(a)(2) for portions of (C), 
(D)(ii), and (J) because the EPA-approved SIP prevention of significant 
deterioration (PSD) program does not apply to greenhouse gas (GHG) 
emitting sources. We also proposed to find that the current Arkansas 
SIP does not meet the infrastructure requirements for the 1997 and 2006 
PM2.5 NAAQS at 110(a)(2) for (C), (D)(ii), and (J) because 
Arkansas has not submitted the PSD SIP revision required by EPA's 
Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less Than 2.5 Micrometers (73 FR 28321, May 16, 2008). Further, 
for the 1997 8-hour ozone NAAQS, we proposed to partially approve and 
partially disapprove the provisions of SIP submissions intended to 
satisfy the section 110(a)(2)(D)(i)(II) infrastructure element 
pertaining to emissions from sources in Arkansas not interfering with 
measures required in the SIP of any other State under part C of the CAA 
to prevent significant deterioration of air quality. For the 2006 
PM2.5 NAAQS, we proposed to disapprove the provisions of SIP 
submissions intended to satisfy this section 110(a)(2)(D)(i)(II) 
infrastructure element. Finally, for purposes of the 1997 8-hour ozone 
NAAQS, EPA proposed to approve four severable portions of SIP revisions 
to modify the Arkansas PSD SIP to include NOX as an ozone 
precursor.
    Our February 9, 2012, proposal provides a detailed description of 
the submittals and the rationale for EPA's proposed actions, together 
with a discussion of the opportunity to comment. The public comment 
period for these actions closed on March 12, 2012, and we did not 
receive any comments.

II. Final Action

    We are partially approving and partially disapproving the 
submittals provided by the State of Arkansas to demonstrate that the 
Arkansas SIP meets the requirements of Section 110(a)(1) and (2) of the 
Act for the 1997 ozone and 1997 and 2006 PM2.5 NAAQS. For 
the 1997 ozone standard, we are finding that the current Arkansas SIP 
meets the infrastructure elements listed below:
    Emission limits and other control measures (110(a)(2)(A) of the 
Act);
    Ambient air quality monitoring/data system (110(a)(2)(B) of the 
Act);
    Program for enforcement of control measures (110(a)(2)(C) of the 
Act), except for the portion that addresses GHGs;
    Interstate Transport, pursuant to section 110(a)(2)(D)(ii) of the 
Act, except for the portion that addresses GHGs;
    Adequate resources (110(a)(2)(E) of the Act);
    Stationary source monitoring system (110(a)(2)(F) of the Act);
    Emergency power (110(a)(2)(G) of the Act);
    Future SIP revisions (110(a)(2)(H) of the Act);
    Consultation with government officials (110(a)(2)(J) of the Act);
    Public notification (110(a)(2)(J) of the Act);
    Prevention of significant deterioration and visibility protection 
(110(a)(2)(J) of the Act), except for the portion that addresses GHGs;
    Air quality modeling data (110(a)(2)(K) of the Act);
    Permitting fees (110(a)(2)(L) of the Act); and
    Consultation/participation by affected local entities (110(a)(2)(M) 
of the Act).
    For the 1997 ozone standard, we are finding that the current 
Arkansas SIP does not meet the infrastructure elements listed below:
    Program for enforcement of control measures (110(a)(2)(C) of the 
Act), only as it relates to GHGs;
    Interstate transport, pursuant to section 110(a)(2)(D)(ii) of the 
Act, only as it relates to GHGs; and
    Prevention of significant deterioration (110(a)(2)(J) of the Act), 
only as it relates to GHGs.
    We are also approving the Arkansas Interstate Transport SIP 
provisions that

[[Page 50035]]

address the requirement of section 110(a)(2)(D)(i)(II) that emissions 
from sources in Arkansas do not interfere with measures required in the 
SIP of any other State under part C of the CAA to prevent significant 
deterioration of air quality, except as they relate to GHGs for the 
1997 ozone NAAQS.
    We are disapproving the portion of the Arkansas Interstate 
Transport SIP provisions that address the requirement of section 
110(a)(2)(D)(i)(II), as it relates to GHGs, that emissions from sources 
in Arkansas do not interfere with measures required in the SIP of any 
other State under part C of the CAA to prevent significant 
deterioration of air quality, for the 1997 ozone NAAQS.
    For the 1997 and 2006 PM2.5 standards, we are finding 
that the current Arkansas SIP meets the infrastructure elements listed 
below:
    Emission limits and other control measures (110(a)(2)(A) of the 
Act);
    Ambient air quality monitoring/data system (110(a)(2)(B) of the 
Act);
    Adequate resources (110(a)(2)(E) of the Act);
    Stationary source monitoring system (110(a)(2)(F) of the Act);
    Emergency power (110(a)(2)(G) of the Act);
    Future SIP revisions (110(a)(2)(H) of the Act);
    Consultation with government officials (110(a)(2)(J) of the Act);
    Public notification (110(a)(2)(J) of the Act);
    Air quality modeling data (110(a)(2)(K) of the Act);
    Permitting fees (110(a)(2)(L) of the Act); and
    Consultation/participation by affected local entities (110(a)(2)(M) 
of the Act).
    For the 1997 and 2006 PM2.5 standards, we are finding 
that the current Arkansas SIP does not address the 110(a)(2) 
infrastructure elements listed below:
    Program for enforcement of control measures (110(a)(2)(C) of the 
Act);
    Interstate Transport, pursuant to section 110(a)(2)(D)(ii) of the 
Act; and
    Prevention of significant deterioration and visibility protection 
(110(a)(2)(J) of the Act).
    We are also disapproving the portion of the Arkansas Interstate 
Transport SIP that addresses the requirement of section 
110(a)(2)(D)(i)(II)--that emissions from sources in Arkansas do not 
interfere with measures required in the SIP of any other State under 
part C of the CAA to prevent significant deterioration of air quality--
for the 2006 PM2.5 NAAQS.
    Under section 110(c) of the Act, disapproval of a SIP in whole or 
in part requires EPA to promulgate a federal implementation plan (FIP) 
at any time within two years following final disapproval, unless the 
State submits a plan or plan revision that corrects the deficiency--and 
the EPA approves the plan or plan revision--before the EPA promulgates 
such FIP. This two-year period is commonly referred to as the ``FIP 
clock.'' Here, based on Arkansas's failure to submit the required 
PM2.5 PSD SIP revision, and because Arkansas cannot issue 
permits for GHG emissions, we are disapproving for the 1997 and 2006 
PM2.5 standard and partially disapproving for the 1997 ozone 
NAAQS certain severable elements of the Arkansas infrastructure SIP. 
Accordingly, EPA is required by law to promulgate a FIP at any time 
within two years of this final rulemaking, unless Arkansas submits and 
we approve a new SIP or SIP revisions that correct the deficiencies, or 
unless EPA has already fulfilled its FIP obligation.
    EPA is also approving the following revisions to APCEC Regulation 
19, Chapter 9, submitted by the State of Arkansas on February 17, 2010:
    1. The substantive change adding NOX to the definition 
of Major Modification through incorporation by reference of 40 CFR 
52.21(b) and 40 CFR 51.301 as of November 29, 2005.
    2. The substantive change adding NOX to the definition 
of Major Stationary Source through incorporation by reference of 40 CFR 
52.21(b) and 40 CFR 51.301 as of November 29, 2005.
    3. The substantive change adding NOX as a precursor to 
the table's criteria and other pollutants listing for ozone through 
incorporation by reference of 40 CFR 52.21(b)(23)(i).
    4. The substantive change allowing for an exemption with respect to 
ozone monitoring for a source with a net emissions increase less than 
100 tpy of NOX through incorporation by reference of 40 CFR 
52.21(i)(5)(i).
    EPA is taking these actions in accordance with section 110 and part 
C of the Act and EPA's regulations and consistent with EPA guidance. We 
are also making ministerial corrections to the attainment status table 
in 40 CFR 81.304 to accurately reflect the redesignation date of 
Crittenden County, Arkansas to attainment for the 1997 8-hour ozone 
standard. On March 24, 2010, we redesignated the county with an 
effective date of April 23, 2010 (75 FR 14077).

III. Statutory and Executive Order Reviews

    Under the CAA, 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 act on State law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by State law.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., 
because this SIP partial approval/partial disapproval under section 110 
and subchapter I, part D of the CAA will not in-and-of itself create 
any new information collection burdens but simply disapproves certain 
State requirements for inclusion into the SIP. Burden is defined at 5 
CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. For purposes of assessing the impacts of today's rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district, or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's rule on small 
entities, I certify that this action will not have a significant impact 
on a substantial number of small entities. This rule does not impose 
any requirements or create impacts on small entities. This SIP partial 
approval/partial disapproval under section 110 and subchapter I, part D 
of the CAA will not in-and-of itself

[[Page 50036]]

create any new requirements but simply approves, in part, and 
disapproves, in part, certain State requirements for inclusion into the 
SIP. Accordingly, it affords no opportunity for EPA to fashion for 
small entities less burdensome compliance or reporting requirements or 
timetables or exemptions from all or part of the rule. The fact that 
the CAA prescribes that various consequences (e.g., a FIP) may or will 
flow from this partial disapproval does not mean that EPA either can or 
must conduct a regulatory flexibility analysis for this action. 
Therefore, this action will not have a significant economic impact on a 
substantial number of small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. EPA has determined that the action does not include a Federal 
mandate that may result in estimated costs of $100 million or more to 
either State, local, or tribal governments in the aggregate, or to the 
private sector. This action partially approves and partially 
disapproves pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, because it merely partially 
approves and partially disapproves certain State requirements for 
inclusion into the SIP and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. 
Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
action EPA is finalizing neither imposes substantial direct compliance 
costs on tribal governments, nor preempts tribal law. Therefore, the 
requirements of section 5(b) and 5(c) of the Executive Order do not 
apply to this rule. Consistent with EPA policy, EPA nonetheless is 
offering consultation to Tribes regarding this rulemaking action. EPA 
will respond to relevant comments in the final rulemaking action.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
the Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is not an 
economically significant regulatory action based on health or safety 
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997). 
This SIP partial approval/disapproval under section 110 and subchapter 
I, part D of the CAA will not in-and-of itself create any new 
regulations but simply partially approves and partially disapproves 
certain State requirements for inclusion into the SIP.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    The EPA believes that this action is not subject to requirements of 
Section 12(d) of NTTAA because application of those requirements would 
be inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA lacks the discretionary authority to address environmental 
justice in this action. In reviewing SIP submissions, EPA's role is to 
approve or disapprove state choices, based on the criteria of the CAA. 
Accordingly, this action merely partially approves and partially 
disapproves certain State requirements for inclusion into the SIP under 
section 110 and subchapter I, part D of the CAA and will not in-and-of 
itself create any new requirements. Accordingly, it 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.

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 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

[[Page 50037]]

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).

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 19, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 31, 2012.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR parts 52 and 81 are 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. In the table in paragraph (c), revise the entries for Reg. 19.903 
and Reg. 19.904.
0
b. At the end of the third table in paragraph (e) entitled ``EPA-
Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the 
Arkansas SIP'', add entries for ``Infrastructure for the 1997 Ozone 
NAAQS'', ``Infrastructure for the 1997 and 2006 PM2.5 
NAAQS'', and ``Interstate transport for the 1997 ozone NAAQS 
(Noninterference with measures required to prevent significant 
deterioration of air quality in any other State)''.
    The revisions and additions read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation          Title/subject area    submittal/     EPA approval date        Explanation
                                                     effective date
----------------------------------------------------------------------------------------------------------------
 
 
                                                  * * * * * * *
Reg. 19.903....................  Definitions.......      02/03/2005  04/12/2007 (72 FR   The addition of NOX to
                                                                      18394).             the definitions of
                                                                                          Major Modification and
                                                                                          Major Stationary
                                                                                          Source submitted on 2/
                                                                                          17/2010 is approved 8/
                                                                                          20/2012.
                                                                                         [Insert FR page number
                                                                                          where document
                                                                                          begins].
Reg. 19.904....................  Adoption of             02/03/2005  04/12/2007 (72 FR   The following revisions
                                  Regulations.                        18394).             submitted on 2/17/2010
                                                                                          are approved:
                                                                                         (1) Addition of 40 tons
                                                                                          per year of NOX to the
                                                                                          definition of
                                                                                          ``significant'', and
                                                                                         (2) The ozone
                                                                                          monitoring exemption
                                                                                          for a source with a
                                                                                          net emissions increase
                                                                                          less than 100 tons per
                                                                                          year of NOX. 8/20/2012
                                                                                         [Insert FR page number
                                                                                          where document
                                                                                          begins].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

            EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
     Name of SIP provision          geographic or         State       EPA approval date        Explanation
                                 nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure for the 1997      Statewide.........      12/17/2007  8/20/2012 [Insert   Approval for CAA
 Ozone NAAQS.                                             3/28/2008   FR page number      elements 110(a)(2)(A),
                                                                      where document      (B), (E), (F), (G),
                                                                      begins].            (H), (K), (L), and
                                                                                          (M). Approval for CAA
                                                                                          elements 110(a)(2)(C),
                                                                                          (D)(i)(II) (interfere
                                                                                          with measures in any
                                                                                          other state to prevent
                                                                                          significant
                                                                                          deterioration of air
                                                                                          quality), (D)(ii), and
                                                                                          (J) for the 1997 ozone
                                                                                          NAAQS, except as it
                                                                                          relates to Greenhouse
                                                                                          Gas (GHG) emissions.

[[Page 50038]]

 
Infrastructure for the 1997 and  Statewide.........       3/28/2008  8/20/2012.........  Approval for CAA
 2006 PM2.5 NAAQS.                                        9/16/2009  [Insert FR page      elements 110(a)(2)(A),
                                                                      number where        (B), (E), (F), (G),
                                                                      document begins].   (H), (K), (L), and
                                                                                          (M).
Interstate transport for the     Statewide.........        4/5/2011  8/20/2012.........  Approved except as it
 1997 ozone NAAQS                                                    [Insert FR page      relates to GHGs.
 (Noninterference with measures                                       number where
 required to prevent                                                  document begins].
 significant deterioration of
 air quality in any other
 State).
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.172 is amended by designating the existing text as 
paragraph (a) and adding paragraphs (b), (c), and (d) to read as 
follows:


Sec.  52.172  Approval status.

* * * * *
    (b) 1997 8-hour ozone NAAQS: The SIPs submitted December 17, 2007 
and March 28, 2008 are partially disapproved for Clean Air Act (CAA) 
elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other 
state to prevent significant deterioration of air quality), (D)(ii), 
and (J), only as it relates to Greenhouse Gas emissions.
    (c) 1997 PM2.5 NAAQS: The SIP submitted March 28, 2008 
is disapproved for CAA elements 110(a)(2)(C), (D)(ii), and (J).
    (d) 2006 PM2.5 NAAQS: The SIPs submitted March 28, 2008 
and September 16, 2009 are disapproved for CAA elements 110(a)(2)(C), 
(D)(i)(II)) (interfere with measures in any other state to prevent 
significant deterioration of air quality), (D)(ii), and (J).

PART 81--[AMENDED]

0
4. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. Section 81.304 is amended:
0
a. By revising the entry for entitled for ``Memphis TN-AR: (AQCR 
Metropolitan Memphis Interstate) Crittenden County'' in the table 
entitled ``Arkansas--1997 8-Hour Ozone NAAQS (Primary and Secondary)''.
0
b. By revising footnote 2 in the table entitled ``Arkansas--1997 8-Hour 
Ozone NAAQS (Primary and Secondary)''.
    The revisions read as follows:


Sec.  81.304  Arkansas.

* * * * *

                            Arkansas--1997 8-Hour Ozone NAAQS (Primary and Secondary)
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                     Category/classification
         Designated area         -------------------------------------------------------------------------------
                                         Date\1\               Type             Date\1\              Type
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Memphis TN-AR: (AQCR              ....................  Attainment........           (\2\)   ...................
 Metropolitan Memphis
 Interstate) Crittenden County.
 
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ Effective April 23, 2010.

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[FR Doc. 2012-20085 Filed 8-17-12; 8:45 am]
BILLING CODE 6560-50-P