Approval and Promulgation of Implementation Plans; Arkansas; Prevention of Significant Deterioration; Greenhouse Gas Plantwide Applicability Limit Permitting Revisions, 38625-38628 [2015-16388]

Download as PDF Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11–681 to read as follows: assisting the COTP in the enforcement of the safety zone. (d) Regulations. (1) Under the general regulations in subpart C of this part, entry into, transiting or anchoring within this safety zone is prohibited unless authorized by the COTP or a designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or a designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or a designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP or a designated representative. Persons and vessels may request permission to enter the safety zone on VHF–23A or through the 24hour Command Center at telephone (415) 399–3547. Dated: May 18, 2015. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2015–16621 Filed 7–6–15; 8:45 am] BILLING CODE 4910–15–P ■ ENVIRONMENTAL PROTECTION AGENCY srobinson on DSK5SPTVN1PROD with RULES § 165.T11–681 Safety zone; Underwater Vessel Testing, San Francisco Bay, San Francisco, CA. (a) Location. This temporary safety zone will encompass the navigable waters of the South San Francisco Bay within an area connecting the following points: 37°43′30″ N., 122°21′6″ W.; 37°43′53″ N., 122°19′17″ W.; 37°41′34″ N., 122°20′30″ W.; 37°41′56″ N., 122°18′42″ W. (NAD 83); thence back to the point of origin (NAD 83), as depicted in National Oceanic and Atmospheric Administration (NOAA) Chart 18651. (b) Enforcement period. The zone described in paragraph (a) of this section will be enforced for a duration of 6 to up to 72 hours, as announced via Broadcast Notice to Mariners, periodically between on July 1 through October 31, 2015. The Captain of the Port San Francisco (COTP) will notify the maritime community of periods during which this zone will be enforced via Broadcast Notice to Mariners in accordance with § 165.7. (c) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer on a Coast Guard vessel or a Federal, State, or local officer designated by or VerDate Sep<11>2014 19:51 Jul 06, 2015 Jkt 235001 40 CFR Part 52 [EPA–R06–OAR–2014–0378; FRL–9929–81– Region 6] Approval and Promulgation of Implementation Plans; Arkansas; Prevention of Significant Deterioration; Greenhouse Gas Plantwide Applicability Limit Permitting Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving one revision to the Arkansas State Implementation Plan (SIP) submitted by the Arkansas Governor to the EPA on January 7, 2014. This submittal revises the Arkansas Prevention of Significant Deterioration (PSD) Permitting Program to incorporate by reference federal plantwide applicability limit (PAL) permitting provisions to enable the State of Arkansas to issue PSD PALs to sources with greenhouse gas (GHG) emissions. The EPA has determined that the January 7, 2014 revision to the Arkansas SIP is consistent with federal requirements for PSD permitting. The SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 38625 EPA is also approving ministerial changes to the Code of Federal Regulations (CFR) to reflect recent EPA SIP approvals to the Arkansas PSD program and to show that SIP deficiencies identified in prior partial disapprovals have been addressed. We are finalizing this action under section 110 and part C of title I of the Clean Air Act (CAA or the Act). DATES: This final rule is effective on August 6, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R06–OAR–2014–0378. All documents in the docket are listed on the http://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 http:// www.regulations.gov or in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202–2733. FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214–665–2115, wiley.adina@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. I. Background The background for this action is discussed in detail in our April 27, 2015 proposal. See 80 FR 23245. In that document, we proposed to approve the January 7, 2014, Arkansas SIP revision; a submittal that included PSD permitting provisions adopted on June 28, 2013, at the Arkansas Pollution Control and Ecology Commission’s (‘‘Commission’’) Regulation Number 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control (hereinafter Regulation 19 at 19.904(A)(1) and (G)(1)). These revisions to the PSD program provide the Arkansas Department of Environmental Quality (ADEQ) the ability to issue GHG PSD PALs consistent with the ‘‘Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits Final Rule’’ (77 FR 41051) and recent litigation surrounding the permitting of GHGs.1 The January 7, 1 As explained more fully in our April 27, 2015, proposed rulemaking; the U.S. Supreme Court E:\FR\FM\07JYR1.SGM Continued 07JYR1 38626 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 2014 submittal also included a nonsubstantive revision to the Regulation 19.904(E)(3) to correct a reference to federal air quality models for PSD permitting. The April 27, 2015, proposal and the accompanying Technical Support Document (TSD) present our rationale for approving these regulations as meeting the minimum federal requirements for the adoption and implementation of the PSD SIP permitting programs. This action was proposed under section 110 and part C of the Act. We did not receive any comments regarding our proposal. II. Final Action srobinson on DSK5SPTVN1PROD with RULES The EPA is approving the January 7, 2014 submitted revisions to the Arkansas PSD Permitting Program at Regulation 19.904(A)(1), (E)(3), and (G)(1) into the Arkansas SIP. The EPA has determined that the January 7, 2014 revision is approvable because the submitted rules are adopted and submitted in accordance with the CAA and are consistent with the EPA’s regulations regarding PSD permitting for emissions of GHGs. Therefore, the EPA approves the following as a revision to the Arkansas PSD SIP: • Substantive revisions to Regulation 19.904(A)(1) incorporating by reference the federal GHG PSD PAL permitting provisions, • Revisions to Regulation 19.904(E)(3) to update the reference to federal PSD air quality models at 40 CFR 52.21(l)(2), and • Substantive revisions to Regulation 19.904(G)(1) establishing the requirements for GHG PSD PAL permits consistent with federal requirements. issued a decision addressing the application of PSD permitting requirements to GHG emissions on June 23, 2014, in Utility Air Regulatory Group v. Environmental Protection Agency. See 134 S.Ct. 2427 (2014) (the ‘‘UARG’’ decision).The UARG decision effectively upheld PSD permitting requirements for GHG emissions under Step 1 of the Tailoring Rule for ‘‘anyway sources’’ and invalidated PSD permitting requirements for Step 2 sources. In accordance with the UARG decision, on April 10, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) issued an amended judgment vacating the regulations that implemented Step 2 of the Tailoring Rule, but not the regulations that implement Step 1 of the Tailoring Rule. See Coalition for Responsible Regulation v. EPA, D.C. Cir., No. 09–1322, 06/26/ 20, judgment entered for No. 09–1322 on 04/10/ 2015. (The ‘‘Coalition’’ decision). Neither the UARG decision nor the Coalition judgment directly impacted the ability to issue PALs for GHGs for existing major stationary sources. We anticipate that the EPA will need to revise the PAL provisions in the future to address the specifics of these decisions, but this does not affect today the finalization of the State’s PAL provisions that can be used to provide PALs for GHGs consistent with the UARG and Coalition decisions. Therefore we can finalize approval of the AR GHG PAL provisions at this time. VerDate Sep<11>2014 19:51 Jul 06, 2015 Jkt 235001 The EPA is also finalizing our approval of ministerial changes to 40 CFR 52.170(e) and 40 CFR 52.172(b) which reflect that deficiencies identified in our partial disapproval of the December 17, 2007 and March 28, 2008 Arkansas SIP submittals for the 1997 8hour ozone NAAQS were addressed by our approval of Arkansas PSD program revisions which provide the authority to regulate and permit emissions of GHGs on April 2, 2013 (78 FR 19596). We are also approving a ministerial change to 40 CFR 52.181(a) to reflect that the EPA approved a revision to the PSD program for the authority to regulate and permit emissions of GHGs on April 2, 2013 (78 FR 19596). The EPA is approving these actions under section 110 and part C of the Act, and for the reasons stated above. III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Arkansas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. IV. 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 Orders 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.); PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 • 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the 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. 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 September 8, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality E:\FR\FM\07JYR1.SGM 07JYR1 38627 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 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: June 19, 2015. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart E—Arkansas 2. Section 52.170 is amended by revising: ■ a. The entry for Section 19.904 in the table titled ‘‘EPA-Approved Regulations ■ in the Arkansas SIP’’ in paragraph (c); and ■ b. The entries for ‘‘Infrastructure for the 1997 Ozone NAAQS’’ and ‘‘Interstate transport for the 1997 ozone NAAQS (Noninterference with measures required to prevent significant deterioration of air quality in any other State)’’ in the third table titled ‘‘EPAApproved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP’’ in paragraph (e). The revisions read as follows: § 52.170 * Identification of plan. * * (c) * * * * * EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP State citation State submittal/ effective date Title/Subject EPA Approval date Explanation Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control * * * * * * * * * * 12/01/2014 7/7/2015 [Insert FR page number where document begins]. * * Chapter 9: Prevention of Significant Deterioration * * Section 19.904 .................. * * * * * Adoption of Regulations ............................................. * * * * * * * (e) * * * EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP Name of SIP provision Applicable geographic or nonattainment area * * srobinson on DSK5SPTVN1PROD with RULES Infrastructure for the 1997 Ozone NAAQS. VerDate Sep<11>2014 * Jkt 235001 PO 00000 EPA Approval date * Statewide ................................................... 20:31 Jul 06, 2015 State submittal/ effective date Frm 00015 Fmt 4700 Explanation * 12/17/07 3/28/08 Sfmt 4700 8/20/12 (77 FR 50033). E:\FR\FM\07JYR1.SGM * * Approval for CAA elements 110(a)(2)(A), (B), (E), (F), (G), (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. The GHG PSD deficiency was addressed on April 2, 2013 (78 FR 19596). 07JYR1 38628 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP—Continued Name of SIP provision Applicable geographic or nonattainment area * Interstate transport for the 1997 ozone NAAQS (Noninterference with measures required to prevent significant deterioration of air quality in any other State). * * Statewide ................................................... * § 52.172 * * [Amended] Significant deterioration of air (a) * * * (5) November 6, 2012—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which provided the authority to regulate greenhouse gas emissions in the Arkansas PSD program. (6) January 7, 2014—submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which updated the Arkansas PSD program to provide for the issuance of greenhouse gas plantwide applicability limit permits. * * * * * [FR Doc. 2015–16388 Filed 7–6–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA–HQ–OAR–2013–0696; FRL–9929–25– OAR] srobinson on DSK5SPTVN1PROD with RULES RIN 2060–AR81 Performance Specification 18— Performance Specifications and Test Procedures for Hydrogen Chloride Continuous Emission Monitoring Systems at Stationary Sources Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: VerDate Sep<11>2014 20:31 Jul 06, 2015 Jkt 235001 EPA Approval date * 4/5/11 * Explanation * 8/20/12 (77 FR 50033). * * Approved except as it relates to GHGs. The GHG PSD deficiency was addressed on April 2, 2013 (78 FR 19596). * The Environmental Protection Agency (EPA) is finalizing performance specifications and test procedures for hydrogen chloride (HCl) continuous emission monitoring systems (CEMS) to provide sources and regulatory agencies with criteria and test procedures for evaluating the acceptability of HCl CEMS. The final performance specification (Performance Specification 18) includes requirements for initial acceptance, including instrument accuracy and stability assessments. This action also finalizes quality assurance (QA) procedures for HCl CEMS used for compliance determination at stationary sources. The QA procedures (Procedure 6) specify the minimum QA requirements necessary for the control and assessment of the quality of CEMS data submitted to the EPA. This action establishes consistent requirements for ensuring and assessing the quality of HCl data measured by CEMS. The affected systems are those used for determining compliance with emission standards for HCl on a continuous basis as specified in an applicable permit or regulation. The affected industries and their North American Industry Classification System (NAICS) codes are listed in the SUPPLEMENTARY INFORMATION section of this preamble. DATES: This final rule is effective on July 7, 2015. ADDRESSES: Docket: The EPA has established a docket for this rulemaking under Docket ID No. EPA–HQ–OAR– 2013–0696. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) 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 SUMMARY: 3. Section 52.172 is amended by removing paragraph (b) and redesignating paragraphs (c) and (d) as paragraphs (b) and (c), respectively. ■ 4. Section 52.181 is amended by redesignating paragraph (a)(5) as paragraph (a)(7) and adding paragraphs (a)(5) and (6) to read as follows: ■ § 52.181 quality. State submittal/ effective date PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 * * available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Ave. NW., Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Ms. Candace Sorrell, Office of Air Quality Planning and Standards, Air Quality Assessment Division (AQAD), Measurement Technology Group, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27709; telephone number: (919) 541– 1064; fax number: (919) 541–0516; email address: sorrell.candace@epa.gov. SUPPLEMENTARY INFORMATION: The information in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? C. Judicial Review II. Background III. Changes Included in the Final Performance Specification 18 and Procedure 6 IV. Summary of Major Comments and Responses A. Dynamic Spiking B. Duplicate Trains When Performing RATA C. Stratification Test Requirements D. Calibration Range Above Span E. RATA Acceptance Criteria for Low Concentration Sources V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) E:\FR\FM\07JYR1.SGM 07JYR1

Agencies

[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38625-38628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16388]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0378; FRL-9929-81-Region 6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Prevention of Significant Deterioration; Greenhouse Gas Plantwide 
Applicability Limit Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving one 
revision to the Arkansas State Implementation Plan (SIP) submitted by 
the Arkansas Governor to the EPA on January 7, 2014. This submittal 
revises the Arkansas Prevention of Significant Deterioration (PSD) 
Permitting Program to incorporate by reference federal plantwide 
applicability limit (PAL) permitting provisions to enable the State of 
Arkansas to issue PSD PALs to sources with greenhouse gas (GHG) 
emissions. The EPA has determined that the January 7, 2014 revision to 
the Arkansas SIP is consistent with federal requirements for PSD 
permitting. The EPA is also approving ministerial changes to the Code 
of Federal Regulations (CFR) to reflect recent EPA SIP approvals to the 
Arkansas PSD program and to show that SIP deficiencies identified in 
prior partial disapprovals have been addressed. We are finalizing this 
action under section 110 and part C of title I of the Clean Air Act 
(CAA or the Act).

DATES: This final rule is effective on August 6, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2014-0378. All documents in the docket are listed on 
the http://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 http://www.regulations.gov or in hard copy at 
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
wiley.adina@epa.gov.

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

I. Background

    The background for this action is discussed in detail in our April 
27, 2015 proposal. See 80 FR 23245. In that document, we proposed to 
approve the January 7, 2014, Arkansas SIP revision; a submittal that 
included PSD permitting provisions adopted on June 28, 2013, at the 
Arkansas Pollution Control and Ecology Commission's (``Commission'') 
Regulation Number 19, Regulations of the Arkansas Plan of 
Implementation for Air Pollution Control (hereinafter Regulation 19 at 
19.904(A)(1) and (G)(1)). These revisions to the PSD program provide 
the Arkansas Department of Environmental Quality (ADEQ) the ability to 
issue GHG PSD PALs consistent with the ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG 
Plantwide Applicability Limits Final Rule'' (77 FR 41051) and recent 
litigation surrounding the permitting of GHGs.\1\ The January 7,

[[Page 38626]]

2014 submittal also included a non-substantive revision to the 
Regulation 19.904(E)(3) to correct a reference to federal air quality 
models for PSD permitting. The April 27, 2015, proposal and the 
accompanying Technical Support Document (TSD) present our rationale for 
approving these regulations as meeting the minimum federal requirements 
for the adoption and implementation of the PSD SIP permitting programs. 
This action was proposed under section 110 and part C of the Act. We 
did not receive any comments regarding our proposal.
---------------------------------------------------------------------------

    \1\ As explained more fully in our April 27, 2015, proposed 
rulemaking; the U.S. Supreme Court issued a decision addressing the 
application of PSD permitting requirements to GHG emissions on June 
23, 2014, in Utility Air Regulatory Group v. Environmental 
Protection Agency. See 134 S.Ct. 2427 (2014) (the ``UARG'' 
decision).The UARG decision effectively upheld PSD permitting 
requirements for GHG emissions under Step 1 of the Tailoring Rule 
for ``anyway sources'' and invalidated PSD permitting requirements 
for Step 2 sources. In accordance with the UARG decision, on April 
10, 2015, the U.S. Court of Appeals for the District of Columbia 
Circuit (the D.C. Circuit) issued an amended judgment vacating the 
regulations that implemented Step 2 of the Tailoring Rule, but not 
the regulations that implement Step 1 of the Tailoring Rule. See 
Coalition for Responsible Regulation v. EPA, D.C. Cir., No. 09-1322, 
06/26/20, judgment entered for No. 09-1322 on 04/10/2015. (The 
``Coalition'' decision). Neither the UARG decision nor the Coalition 
judgment directly impacted the ability to issue PALs for GHGs for 
existing major stationary sources. We anticipate that the EPA will 
need to revise the PAL provisions in the future to address the 
specifics of these decisions, but this does not affect today the 
finalization of the State's PAL provisions that can be used to 
provide PALs for GHGs consistent with the UARG and Coalition 
decisions. Therefore we can finalize approval of the AR GHG PAL 
provisions at this time.
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II. Final Action

    The EPA is approving the January 7, 2014 submitted revisions to the 
Arkansas PSD Permitting Program at Regulation 19.904(A)(1), (E)(3), and 
(G)(1) into the Arkansas SIP. The EPA has determined that the January 
7, 2014 revision is approvable because the submitted rules are adopted 
and submitted in accordance with the CAA and are consistent with the 
EPA's regulations regarding PSD permitting for emissions of GHGs. 
Therefore, the EPA approves the following as a revision to the Arkansas 
PSD SIP:
     Substantive revisions to Regulation 19.904(A)(1) 
incorporating by reference the federal GHG PSD PAL permitting 
provisions,
     Revisions to Regulation 19.904(E)(3) to update the 
reference to federal PSD air quality models at 40 CFR 52.21(l)(2), and
     Substantive revisions to Regulation 19.904(G)(1) 
establishing the requirements for GHG PSD PAL permits consistent with 
federal requirements.
    The EPA is also finalizing our approval of ministerial changes to 
40 CFR 52.170(e) and 40 CFR 52.172(b) which reflect that deficiencies 
identified in our partial disapproval of the December 17, 2007 and 
March 28, 2008 Arkansas SIP submittals for the 1997 8-hour ozone NAAQS 
were addressed by our approval of Arkansas PSD program revisions which 
provide the authority to regulate and permit emissions of GHGs on April 
2, 2013 (78 FR 19596). We are also approving a ministerial change to 40 
CFR 52.181(a) to reflect that the EPA approved a revision to the PSD 
program for the authority to regulate and permit emissions of GHGs on 
April 2, 2013 (78 FR 19596).
    The EPA is approving these actions under section 110 and part C of 
the Act, and for the reasons stated above.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Arkansas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

IV. 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 Orders 
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 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the 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. 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 September 8, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality

[[Page 38627]]

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: June 19, 2015.
Samuel Coleman,
Acting 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. Section 52.170 is amended by revising:
0
a. The entry for Section 19.904 in the table titled ``EPA-Approved 
Regulations in the Arkansas SIP'' in paragraph (c); and
0
b. The entries for ``Infrastructure for the 1997 Ozone NAAQS'' and 
``Interstate transport for the 1997 ozone NAAQS (Noninterference with 
measures required to prevent significant deterioration of air quality 
in any other State)'' in the third table titled ``EPA-Approved Non-
Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' in paragraph (e).
    The revisions read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                               State
         State citation               Title/Subject         submittal/    EPA Approval date      Explanation
                                                          effective date
----------------------------------------------------------------------------------------------------------------
         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Chapter 9: Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 19.904.................  Adoption of Regulations      12/01/2014  7/7/2015 [Insert   ...................
                                                                           FR page number
                                                                           where document
                                                                           begins].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

            EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
     Name of SIP provision      Applicable geographic    submittal/     EPA Approval date       Explanation
                                or nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Infrastructure for the 1997     Statewide............        12/17/07  8/20/12 (77 FR      Approval for CAA
 Ozone NAAQS.                                                 3/28/08   50033).             elements
                                                                                            110(a)(2)(A), (B),
                                                                                            (E), (F), (G), (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. The GHG
                                                                                            PSD deficiency was
                                                                                            addressed on April
                                                                                            2, 2013 (78 FR
                                                                                            19596).
 

[[Page 38628]]

 
                                                  * * * * * * *
Interstate transport for the    Statewide............          4/5/11  8/20/12 (77 FR      Approved except as it
 1997 ozone NAAQS                                                       50033).             relates to GHGs. The
 (Noninterference with                                                                      GHG PSD deficiency
 measures required to prevent                                                               was addressed on
 significant deterioration of                                                               April 2, 2013 (78 FR
 air quality in any other                                                                   19596).
 State).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  52.172  [Amended]

0
3. Section 52.172 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.

0
4. Section 52.181 is amended by redesignating paragraph (a)(5) as 
paragraph (a)(7) and adding paragraphs (a)(5) and (6) to read as 
follows:


Sec.  52.181  Significant deterioration of air quality.

    (a) * * *
    (5) November 6, 2012--submittal of Regulation 19, Chapter 9, 
Prevention of Significant Deterioration which provided the authority to 
regulate greenhouse gas emissions in the Arkansas PSD program.
    (6) January 7, 2014--submittal of Regulation 19, Chapter 9, 
Prevention of Significant Deterioration which updated the Arkansas PSD 
program to provide for the issuance of greenhouse gas plantwide 
applicability limit permits.
* * * * *
[FR Doc. 2015-16388 Filed 7-6-15; 8:45 am]
BILLING CODE 6560-50-P