Approval and Promulgation of Implementation Plans; State of Arkansas; Revisions to the State Implementation Plan; Fee Regulations, 24216-24218 [2015-09905]

Download as PDF 24216 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 [EPA–R06–OAR–2015–0054; FRL–9926–91– Region 6] Approval and Promulgation of Implementation Plans; State of Arkansas; Revisions to the State Implementation Plan; Fee Regulations Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking a direct final action to approve revisions to the Arkansas State Implementation Plan (SIP) related to the Fee Regulations section of the Arkansas SIP that were submitted by the State of Arkansas on November 6, 2012. The EPA has evaluated the SIP submittal from Arkansas and determined these revisions are consistent with the requirements of the Clean Air Act (Act or CAA). The EPA is approving this action under section 110 of the Act. DATES: This direct final rule is effective on June 29, 2015 without further notice, unless the EPA receives relevant adverse comment by June 1, 2015. If the EPA receives such comment, the 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 ID No. EPA–R06– OAR–2015–0054, by one of the following methods: (1) www.regulations.gov: Follow the on-line instructions. (2) Email: Ms. Tracie Donaldson at donaldson.tracie@epa.gov. (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section (6PD– R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2015– 0054. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through https://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https://www.regulations.gov Web rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:47 Apr 29, 2015 Jkt 235001 site is an ‘‘anonymous access’’ system, which means that the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// 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, the EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD–ROM submitted. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at https://www.epa.gov/ epahome/dockets.htm. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, (214) 665–6633, donaldson.tracie@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214) 665–7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents I. Background A. CAA and SIPs Section 110 of the CAA requires states to develop and submit to the EPA a SIP to ensure that state air quality meets National Ambient Air Quality Standards (NAAQS). The NAAQS currently address six criteria pollutants: carbon Frm 00026 Fmt 4700 B. SIP Revision Submitted on November 6, 2012 On June 22, 2012, the Arkansas Pollution Control and Ecology Commission (APC&EC) adopted revisions to Regulation 9—Permit Fee Regulations, Regulation 19—Regulations of the Arkansas Plan of Implementation for Air Pollution Control, and Regulation 26—Regulations of the Arkansas Operating Air Permit Program. On October 26, 2012, APC&EC adopted additional revisions to Regulation 19. Governor Beebe submitted these revised regulations as a revision to the Arkansas SIP in a letter dated November 6, 2012. The November 6th, 2012, letter requested that the EPA repeal the current SIP-approved permit fee program provisions found in Regulation 9 and replace with the new provisions included in the submittal for Chapters 1, 2,1 3, 5, and 9, of Regulation 9 which relate to the State’s air program. This action will repeal the current SIPapproved version of Regulation 9 and replace with the current version of Regulation 9, Chapters 1, 2,2 3, 5, and 9 as requested by Arkansas. This includes revisions to Regulation 9, Chapter 5 addressing fee requirements for carbon dioxide and methane. The revisions to Regulations 19 and 26 will be addressed in separate rulemaking by the EPA. II. The EPA’s Evaluation I. Background A. CAA and SIPs B. SIP Revision Submitted on November 6, 2012 II. The EPA’s Evaluation III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews PO 00000 monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin through air pollution regulations and control strategies. The EPAapproved SIP provisions and control strategies are federally enforceable. States revise the SIP as needed and submit revisions to the EPA for approval. Sfmt 4700 As detailed in the Technical Support Document (TSD) accompanying this action, the ADEQ 3 submitted a SIP 1 Only the portions of Chapter 2 that relate to the Air program are included in the Arkansas SIP. The definitions to include are specified in ADEQ letter to the EPA dated December 11, 2014, which is available in our rulemaking docket and addressed in more detail in the TSD. 2 Ibid. 3 The Arkansas Department of Environmental Quality (ADEQ) is the state agency that is charged with protecting, enhancing and restoring the environment for Arkansas. The Arkansas Pollution Control and Ecology Commission (APC&EC) is the environmental policy-making body for Arkansas. E:\FR\FM\30APR1.SGM 30APR1 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations revision to the fee regulations requesting a withdrawal of the current SIPapproved permit fee program and replacement with the submitted revised fee regulations containing a new fee schedule and associated provisions specific to the State’s air program. The EPA has reviewed the submitted revisions and determined that the submitted revised fee program is consistent with the general requirements at CAA section 110(a)(2)(E)(i) to provide necessary assurances that the State will have adequate funding to carry out the provisions of the Arkansas SIP as it pertains to major and minor source Title I permitting and CAA section 110(a)(2)(L) that requires states to charge necessary fees for the development and implementation of major source Title I permits. The Arkansas SIP is intended to implement Title I of the CAA, while Title V requirements are not generally included in SIPs.4 The repeal and replace included in the November 6, 2012, SIP submittal more accurately represents the current fee structure than the previously approved SIP, which was approved by EPA on November 12, 1986. Based on EPA’s evaluation of the fee assessment provisions submitted, EPA finds the submitted repeal and replace of, and subsequent revisions to Arkansas Regulation 9 establishing fee requirements for permits is consistent with sections 110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA. rmajette on DSK2VPTVN1PROD with RULES III. Final Action For the reasons stated above and in the TSD, the EPA is taking direct final action to approve revisions to the Arkansas SIP pertaining to title I fees. Specifically, the EPA is deleting the current SIP-approved fee program and approving in its place the revised Arkansas fee program at Regulation 9, Chapters 1, 2,5 3, 5 and 9 effective on July 9, 2012, and submitted as revisions to the Arkansas SIP on November 6, 2012. We are approving the revisions to the Arkansas SIP under section 110 of the Act. We are publishing this rule without prior proposal because we view this as a noncontroversial amendment and 4 The Arkansas air permitting program is a one permit system (meaning that title I and title V are issued together for major sources) the fee regulations are combined in Regulation 9. The EPA has not evaluated the revised Regulation 9 Fee Provisions for sufficiency under 40 CFR 70.9 of the title V state operating permit program. 5 Only the portions of Chapter 2 that relate to the Air program are included in the Arkansas SIP. The definitions to include are specified in ADEQ letter to the EPA dated December 11, 2014, which is available in our rulemaking docket and addressed in more detail in the TSD. VerDate Sep<11>2014 14:33 Apr 29, 2015 Jkt 235001 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 June 29, 2015 without further notice unless we receive relevant adverse comment by June 1, 2015. 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. IV. Incorporation by Reference In this direct final rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Arkansas title I Permit Fees described in the Final Action section above. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. 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, the 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) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 24217 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 the 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). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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. The 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). E:\FR\FM\30APR1.SGM 30APR1 24218 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 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 June 29, 2015. 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 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart E—Arkansas 2. In § 52.170(c), the table titled ‘‘EPAApproved Regulations in the Arkansas SIP’’ is amended by revising the heading and entries for ‘‘Arkansas Regulation No. 9: Permit Fees,’’ to read as follows: ■ Dated: April 17, 2015. Ron Curry, Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: § 52.170 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP State submittal/ effective date Title/ subject State citation * * EPA approval date * * Explanation * * * Regulation No. 9: Fee Regulation Chapter 1 .................. Title ........................... 7/9/2012 Chapter 2 .................. Definitions ................. 7/9/2012 Chapter 3 .................. Permit Fee Payment 7/9/2012 Chapter 5 .................. Air Permit Fees ......... 7/9/2012 Chapter 9 .................. Administrative Procedures. 7/9/2012 * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2009–0234 and EPA–HQ– OAR–2011–0044; FRL–9926–74–OAR] rmajette on DSK2VPTVN1PROD with RULES RIN 2060–AR62 Reconsideration on the Mercury and Air Toxics Standards (MATS) and the Utility New Source Performance Standards; Final Action Environmental Protection Agency (EPA). ACTION: Notice of final action denying petitions for reconsideration. AGENCY: 14:33 Apr 29, 2015 Jkt 235001 The following definitions do not relate to the air program and are not being approved into the SIP: ‘‘Category’’, ‘‘Certificate’’, ‘‘Confined Animal Operation’’, ‘‘Discretionary Major Facility’’, ‘‘Evaluation’’, ‘‘Laboratory‘‘, ‘‘Major Municipal Facility’’, ‘‘Non-Municipal Major Facility’’, ‘‘Parameter’’, ‘‘Program’’. 4/30/2015 [Insert FR citation]. 4/30/2015 [Insert FR citation]. 4/30/2015 [Insert FR citation]. The U.S. Environmental Protection Agency (EPA) is providing notice that it has responded to 23 petitions for reconsideration of the final rules titled National Emission Standards for Hazardous Air Pollutants (NESHAP) From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance (NSPS) for Fossil-FuelFired Electric Utility, IndustrialCommercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units, published in the Federal Register on February 16, 2012. The agency previously granted reconsideration on several discrete issues and took final action on reconsideration through documents published in the Federal Register on April 24, 2013, and November 19, 2014. The Administrator denied the remaining requests for reconsideration in separate letters to the petitioners dated April 21, SUMMARY: [FR Doc. 2015–09905 Filed 4–29–15; 8:45 am] VerDate Sep<11>2014 4/30/2015 [Insert FR citation]. 4/30/2015 [Insert FR citation]. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 2015. A document providing a full explanation of the agency’s rationale for each denial is in the docket for these rules. DATES: Effective April 30, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Jim Eddinger, Sector Policies and Programs Division (D243–01), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 5426; fax number: (919) 541–5450; email address: eddinger.jim@epa.gov. SUPPLEMENTARY INFORMATION: I. How can I get copies of this document and other related information? This Federal Register document, the petitions for reconsideration, the letters denying the petitions for reconsideration, and the document titled ‘‘Denial of Petitions for E:\FR\FM\30APR1.SGM 30APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24216-24218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09905]

[[Page 24216]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2015-0054; FRL-9926-91-Region 6]

Approval and Promulgation of Implementation Plans; State of
Arkansas; Revisions to the State Implementation Plan; Fee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct
final action to approve revisions to the Arkansas State Implementation
Plan (SIP) related to the Fee Regulations section of the Arkansas SIP
that were submitted by the State of Arkansas on November 6, 2012. The
EPA has evaluated the SIP submittal from Arkansas and determined these
revisions are consistent with the requirements of the Clean Air Act
(Act or CAA). The EPA is approving this action under section 110 of the
Act.

DATES: This direct final rule is effective on June 29, 2015 without
further notice, unless the EPA receives relevant adverse comment by
June 1, 2015. If the EPA receives such comment, the 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 ID No. EPA-R06-
OAR-2015-0054, by one of the following methods:
(1) www.regulations.gov: Follow the on-line instructions.
(2) Email: Ms. Tracie Donaldson at donaldson.tracie@epa.gov.
(3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.

Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2015-
0054. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or email, if you believe that it is
CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ``anonymous access'' system, which
means that the EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through https://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, the EPA recommends that you include your name and other
contact information in the body of your comment along with any disk or
CD-ROM submitted. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters and any form of encryption and should be free of
any defects or viruses. For additional information about the EPA's
public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for
this action is available electronically at www.regulations.gov and in
hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas.
While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material), and some may not be publicly available at
either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, (214) 665-6633,
donaldson.tracie@epa.gov. To inspect the hard copy materials, please
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214)
665-7253.

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

Table of Contents

I. Background
A. CAA and SIPs
B. SIP Revision Submitted on November 6, 2012
II. The EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards (NAAQS). The NAAQS currently address six criteria
pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate
matter, and sulfur dioxide. Each federally-approved SIP protects air
quality primarily by addressing air pollution at its point of origin
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally
enforceable. States revise the SIP as needed and submit revisions to
the EPA for approval.

B. SIP Revision Submitted on November 6, 2012

On June 22, 2012, the Arkansas Pollution Control and Ecology
Commission (APC&EC) adopted revisions to Regulation 9--Permit Fee
Regulations, Regulation 19--Regulations of the Arkansas Plan of
Implementation for Air Pollution Control, and Regulation 26--
Regulations of the Arkansas Operating Air Permit Program. On October
26, 2012, APC&EC adopted additional revisions to Regulation 19.
Governor Beebe submitted these revised regulations as a revision to the
Arkansas SIP in a letter dated November 6, 2012.
The November 6th, 2012, letter requested that the EPA repeal the
current SIP-approved permit fee program provisions found in Regulation
9 and replace with the new provisions included in the submittal for
Chapters 1, 2,\1\ 3, 5, and 9, of Regulation 9 which relate to the
State's air program. This action will repeal the current SIP-approved
version of Regulation 9 and replace with the current version of
Regulation 9, Chapters 1, 2,\2\ 3, 5, and 9 as requested by Arkansas.
This includes revisions to Regulation 9, Chapter 5 addressing fee
requirements for carbon dioxide and methane. The revisions to
Regulations 19 and 26 will be addressed in separate rulemaking by the
EPA.
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\1\ Only the portions of Chapter 2 that relate to the Air
program are included in the Arkansas SIP. The definitions to include
are specified in ADEQ letter to the EPA dated December 11, 2014,
which is available in our rulemaking docket and addressed in more
detail in the TSD.
\2\ Ibid.
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II. The EPA's Evaluation

As detailed in the Technical Support Document (TSD) accompanying
this action, the ADEQ \3\ submitted a SIP

[[Page 24217]]

revision to the fee regulations requesting a withdrawal of the current
SIP-approved permit fee program and replacement with the submitted
revised fee regulations containing a new fee schedule and associated
provisions specific to the State's air program. The EPA has reviewed
the submitted revisions and determined that the submitted revised fee
program is consistent with the general requirements at CAA section
110(a)(2)(E)(i) to provide necessary assurances that the State will
have adequate funding to carry out the provisions of the Arkansas SIP
as it pertains to major and minor source Title I permitting and CAA
section 110(a)(2)(L) that requires states to charge necessary fees for
the development and implementation of major source Title I permits. The
Arkansas SIP is intended to implement Title I of the CAA, while Title V
requirements are not generally included in SIPs.\4\ The repeal and
replace included in the November 6, 2012, SIP submittal more accurately
represents the current fee structure than the previously approved SIP,
which was approved by EPA on November 12, 1986. Based on EPA's
evaluation of the fee assessment provisions submitted, EPA finds the
submitted repeal and replace of, and subsequent revisions to Arkansas
Regulation 9 establishing fee requirements for permits is consistent
with sections 110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA.
---------------------------------------------------------------------------

\3\ The Arkansas Department of Environmental Quality (ADEQ) is
the state agency that is charged with protecting, enhancing and
restoring the environment for Arkansas. The Arkansas Pollution
Control and Ecology Commission (APC&EC) is the environmental policy-
making body for Arkansas.
\4\ The Arkansas air permitting program is a one permit system
(meaning that title I and title V are issued together for major
sources) the fee regulations are combined in Regulation 9. The EPA
has not evaluated the revised Regulation 9 Fee Provisions for
sufficiency under 40 CFR 70.9 of the title V state operating permit
program.
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III. Final Action

For the reasons stated above and in the TSD, the EPA is taking
direct final action to approve revisions to the Arkansas SIP pertaining
to title I fees. Specifically, the EPA is deleting the current SIP-
approved fee program and approving in its place the revised Arkansas
fee program at Regulation 9, Chapters 1, 2,\5\ 3, 5 and 9 effective on
July 9, 2012, and submitted as revisions to the Arkansas SIP on
November 6, 2012.
---------------------------------------------------------------------------

\5\ Only the portions of Chapter 2 that relate to the Air
program are included in the Arkansas SIP. The definitions to include
are specified in ADEQ letter to the EPA dated December 11, 2014,
which is available in our rulemaking docket and addressed in more
detail in the TSD.
---------------------------------------------------------------------------

We are approving the revisions to the Arkansas SIP under section
110 of the Act. We are 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
June 29, 2015 without further notice unless we receive relevant adverse
comment by June 1, 2015. 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.

IV. Incorporation by Reference

In this direct final rule, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of the Arkansas title I Permit Fees described in the Final
Action section above. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. 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, the 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) and 13563 (76 FR 3821, January 21,
2011);
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 the 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).

The SIP is not approved to apply on any Indian reservation land or in
any other area where the EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
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. The 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).

[[Page 24218]]

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 June 29, 2015. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: April 17, 2015.
Ron Curry,
Regional Administrator, Region 6.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec. 52.170(c), the table titled ``EPA-Approved Regulations in
the Arkansas SIP'' is amended by revising the heading and entries for
``Arkansas Regulation No. 9: Permit Fees,'' to read as follows:

Sec. 52.170 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/ subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation No. 9: Fee Regulation
----------------------------------------------------------------------------------------------------------------
Chapter 1........................ Title............... 7/9/2012 4/30/2015 [Insert FR
citation].
Chapter 2........................ Definitions......... 7/9/2012 4/30/2015 [Insert FR The following
citation]. definitions do not
relate to the air
program and are not
being approved into
the SIP:
``Category'',
``Certificate'',
``Confined Animal
Operation'',
``Discretionary
Major Facility'',
``Evaluation'',
``Laboratory``,
``Major Municipal
Facility'', ``Non-
Municipal Major
Facility'',
``Parameter'',
``Program''.
Chapter 3........................ Permit Fee Payment.. 7/9/2012 4/30/2015 [Insert FR
citation].
Chapter 5........................ Air Permit Fees..... 7/9/2012 4/30/2015 [Insert FR
citation].
Chapter 9........................ Administrative 7/9/2012 4/30/2015 [Insert FR
Procedures. citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-09905 Filed 4-29-15; 8:45 am]
BILLING CODE 6560-50-P

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