Approval and Promulgation of Implementation Plans; Arkansas; Prevention of Significant Deterioration; Greenhouse Gas Plantwide Applicability Limit Permitting Revisions, 38625-38628 [2015-16388]
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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
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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:
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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 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
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
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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.
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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.);
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• 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
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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
*
*
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Infrastructure for the
1997 Ozone
NAAQS.
VerDate Sep<11>2014
*
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EPA Approval
date
*
Statewide ...................................................
20:31 Jul 06, 2015
State
submittal/
effective
date
Frm 00015
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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).
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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
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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
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*
*
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)
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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
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
