Approval and Promulgation of Implementation Plans; Arkansas; Interstate Transport of Fine Particulate Matter, 53269-53270 [2013-21024]
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
Contact the person listed in the FOR
[FR Doc. 2013–21028 Filed 8–28–13; 8:45 am]
BILLING CODE 6560–50–P
FURTHER INFORMATION CONTACT
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0633; FRL–9900–32Region6]
Approval and Promulgation of
Implementation Plans; Arkansas;
Interstate Transport of Fine Particulate
Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving portions of
State Implementation Plan (SIP)
submittals from the State of Arkansas to
address Clean Air Act (CAA or Act)
requirements in section 110(a)(2)(D)(i)(I)
that prohibit air emissions which will
contribute significantly to
nonattainment or interfere with
maintenance in any other state for the
1997 and 2006 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS). EPA has
determined that the existing SIP for
Arkansas contains adequate provisions
to prohibit air emissions from
significantly contributing to
nonattainment or interfering with
maintenance of the 1997 annual and 24hour PM2.5 NAAQS (1997 PM2.5
NAAQS) and the 2006 revised 24-hour
PM2.5 NAAQS (2006 PM2.5 NAAQS) in
any other state as required by section
110(a)(2)(D)(i)(I) of the Act.
DATES: This final rule is effective on
September 30, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2008–0633. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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 https://
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 Review Room between
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
22:38 Aug 28, 2013
Jkt 229001
paragraph below 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.
FOR FURTHER INFORMATION CONTACT: Carl
Young, Air Planning Section (6PD–L),
Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–6645; email address
young.carl@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 May 7, 2013
proposal (78 FR 26568). In that notice,
we proposed to approve portions of SIP
submittals for the State of Arkansas
submitted on December 17, 2007, and
September 16, 2009, and the technical
supplement submitted on March 20,
2013, that determined the existing SIP
for Arkansas contains adequate
provisions to prohibit air emissions
from contributing significantly to
nonattainment or interfering with
maintenance of the 1997 and 2006 PM2.5
NAAQS in any other state as required
by CAA section 110(a)(2)(D)(i)(I). This
action is being taken under section 110
of the Act. We did not receive any
comments regarding our proposal.
II. Final Action
We are approving portions of SIP
submittals for the State of Arkansas
submitted on December 17, 2007, and
September 16, 2009, and the technical
supplement submitted on March 20,
2013, to address interstate transport for
the 1997 and 2006 PM2.5 NAAQS. We
approve the portions of the SIP
submittals and technical supplement
determining the existing SIP for
Arkansas contains adequate provisions
to prohibit air emissions from
contributing significantly to
nonattainment or interfering with
maintenance of the 1997 and 2006 PM2.5
NAAQS in any other state as required
by CAA section 110(a)(2)(D)(i)(I). This
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
53269
action is being taken under section 110
of the Act.
III. 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
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
E:\FR\FM\29AUR1.SGM
29AUR1
53270
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
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 October 28, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposed 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 14, 2013.
William K. Honker,
Acting 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. The third table in § 52.170(e)
entitled ‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Arkansas SIP’’ is
amended by adding an entry at the end
for ‘‘Interstate transport for the 1997 and
2006 PM2.5 NAAQS’’ to read as follows:
■
§ 52.170
Identification of plan.
*
*
*
(e) * * *
*
*
*
*
*
*
*
EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
*
Interstate transport for the 1997 and
2006 PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance).
*
Statewide ..........
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0064; FRL–9813–9]
Revision of Air Quality Implementation
Plan; California; Sacramento
Metropolitan Air Quality Management
District; Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule and technical
amendments.
AGENCY:
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22:38 Aug 28, 2013
Jkt 229001
*
8/29/2013 [Insert FR page
where document begins].
Explanation
*
number
*
concern construction and modification
of stationary sources of air pollution
within Sacramento County. We are
approving local rules that regulate these
emission sources under the Clean Air
Act as amended in 1990 (CAA). Final
approval of these rules makes the rules
federally enforceable and corrects
program deficiencies identified in a
previous EPA rulemaking (76 FR 43183,
July 20, 2011). EPA is also making
technical amendments to the Code of
Federal Regulations (CFR) to reflect this
previous rulemaking, which removed an
obsolete provision from the California
SIP.
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
publicly available in either location
(e.g., CBI). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
EPA has established docket
number EPA–R09–OAR–2013–0064 for
this action. Generally, documents in the
docket for this action are available
electronically at www.regulations.gov or
in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents are
listed at www.regulations.gov, some
I. Proposed Action
DATES:
EPA is finalizing approval of
two permitting rules submitted by
California as a revision to the
Sacramento Metropolitan Air Quality
Management District (SMAQMD or
District) portion of the California State
Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on February 14, 2013 and
VerDate Mar<15>2010
*
12/17/2007
9/16/2009
EPA approval date
Effective Date: This rule is
effective on September 30, 2013.
[FR Doc. 2013–21024 Filed 8–28–13; 8:45 am]
SUMMARY:
State
submittal/
effective date
ADDRESSES:
PO 00000
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Fmt 4700
Sfmt 4700
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
On February 14, 2013 (78 FR 10589),
EPA proposed to fully approve the
following rules that were submitted for
incorporation into the California SIP.
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53269-53270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21024]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0633; FRL-9900-32-Region6]
Approval and Promulgation of Implementation Plans; Arkansas;
Interstate Transport of Fine Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving portions of State Implementation Plan (SIP)
submittals from the State of Arkansas to address Clean Air Act (CAA or
Act) requirements in section 110(a)(2)(D)(i)(I) that prohibit air
emissions which will contribute significantly to nonattainment or
interfere with maintenance in any other state for the 1997 and 2006
fine particulate matter (PM2.5) national ambient air quality
standards (NAAQS). EPA has determined that the existing SIP for
Arkansas contains adequate provisions to prohibit air emissions from
significantly contributing to nonattainment or interfering with
maintenance of the 1997 annual and 24-hour PM2.5 NAAQS (1997
PM2.5 NAAQS) and the 2006 revised 24-hour PM2.5
NAAQS (2006 PM2.5 NAAQS) in any other state as required by
section 110(a)(2)(D)(i)(I) of the Act.
DATES: This final rule is effective on September 30, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2008-0633. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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 https://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 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 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.
FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733, telephone (214) 665-6645; email address
young.carl@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 May
7, 2013 proposal (78 FR 26568). In that notice, we proposed to approve
portions of SIP submittals for the State of Arkansas submitted on
December 17, 2007, and September 16, 2009, and the technical supplement
submitted on March 20, 2013, that determined the existing SIP for
Arkansas contains adequate provisions to prohibit air emissions from
contributing significantly to nonattainment or interfering with
maintenance of the 1997 and 2006 PM2.5 NAAQS in any other
state as required by CAA section 110(a)(2)(D)(i)(I). This action is
being taken under section 110 of the Act. We did not receive any
comments regarding our proposal.
II. Final Action
We are approving portions of SIP submittals for the State of
Arkansas submitted on December 17, 2007, and September 16, 2009, and
the technical supplement submitted on March 20, 2013, to address
interstate transport for the 1997 and 2006 PM2.5 NAAQS. We
approve the portions of the SIP submittals and technical supplement
determining the existing SIP for Arkansas contains adequate provisions
to prohibit air emissions from contributing significantly to
nonattainment or interfering with maintenance of the 1997 and 2006
PM2.5 NAAQS in any other state as required by CAA section
110(a)(2)(D)(i)(I). This action is being taken under section 110 of the
Act.
III. 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 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
[[Page 53270]]
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 October 28, 2013. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposed 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, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 14, 2013.
William K. Honker,
Acting Regional Administrator, Region 6.
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. The third table in Sec. 52.170(e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas
SIP'' is amended by adding an entry at the end for ``Interstate
transport for the 1997 and 2006 PM2.5 NAAQS'' to read as
follows:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
* * * * *
EPA-Approved Non-regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval Explanation
nonattainment area effective date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate transport for the Statewide........... 12/17/2007 8/29/2013 ..........................
1997 and 2006 PM2.5 NAAQS 9/16/2009 [Insert FR
(contribute to nonattainment page number
or interfere with where document
maintenance). begins].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-21024 Filed 8-28-13; 8:45 am]
BILLING CODE 6560-50-P
