Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards, 6470-6472 [2018-02892]
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations
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[FR Doc. 2018–03090 Filed 2–9–18; 4:15 pm]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0435; FRL–9973–
23—Region 6]
Approval and Promulgation of Air
Quality Implementation Plans;
Arkansas; Infrastructure State
Implementation Plan Requirements for
the National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
SUMMARY:
is approving State Implementation Plan
(SIP) revisions submitted by the State of
Arkansas to address the requirements of
sections 110(a)(1) and (2) of the Clean
Air Act (CAA or Act) for the 2006 and
2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS), 2008 lead (Pb) NAAQS, 2008
ozone (O3) NAAQS, 2010 nitrogen
dioxide (NO2) NAAQS, and the 2010
sulfur dioxide (SO2) NAAQS. Under
CAA sections 110(a)(1) and 110(a)(2),
each state is required to submit a SIP
that provides for the implementation,
maintenance, and enforcement of a
revised primary or secondary NAAQS.
CAA sections 110(a)(1) and (2) require
each state to make a new SIP
submission within three years after EPA
promulgates a new or revised NAAQS
for approval into the existing federallyapproved SIP to assure that the SIP
meets the applicable requirements for
such new and revised NAAQS. This
type of SIP submission is commonly
referred to as an ‘‘infrastructure SIP or
‘‘i-SIP.’’
DATES: This final rule is effective on
March 16, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2017–0435. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Nevine Salem, (214) 665–7222,
salem.nevine@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with her or Bill Deese at
(214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our November 20,
2017 proposal (82 FR 55065). In that
action, we proposed to approve the
Arkansas i-SIP submittal dated March
24, 2017 to address the requirements of
sections 110(a)(1) and (2) of the Act for
the 2006 and 2012 PM2.5 NAAQS, 2008
lead (Pb) NAAQS, 2008 ozone (O3)
NAAQS, 2010 nitrogen dioxide (NO2)
NAAQS, and the 2010 sulfur dioxide
(SO2) NAAQS. Under CAA sections
110(a)(1) and 110(a)(2), each state is
required to submit a SIP that provides
for the implementation, maintenance,
and enforcement of a revised primary or
secondary NAAQS. CAA sections
110(a)(1) and (2) require each state to
make a new SIP submission within
three years after EPA promulgates a new
or revised NAAQS for approval into the
existing federally-approved SIP to
assure that the SIP meets the applicable
requirements for such new and revised
NAAQS.
We received an anonymous public
comment on December 18, 2017 on the
proposed rulemaking action. The
comment is posted to the docket (EPA–
R06–OAR–2017–0435). The commenter
raised concerns about the accuracy of
agricultural and wild fires emissions
inventory. Such comment is irrelevant
and is outside the scope of this specific
rule making action.
II. Final Action
As detailed in the proposal action,
EPA is approving the majority of the
March 24, 2017, Arkansas i-SIP
submittal, which addresses the
requirements of CAA sections 110(a)(1)
and (2) as applicable to the 2006 PM2.5,
2008 Pb, 2008 O3, 2010 SO2, 2010 NO2,
and 2012 PM2.5 NAAQS. Table 1
outlines the specific actions 1 we are
approving in this final rulemaking.
TABLE 1—FINAL ACTIONS ON THE ARKANSAS INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS
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Element
2006 PM2.5
2008 Pb
2008 Ozone
2010 NO2
2010 SO2
2012 PM2.5
(A): Emission limits and other control measures ..............................................
(B): Ambient air quality monitoring and data system .......................................
(C)(i): Enforcement of SIP measures ...............................................................
(C)(ii): PSD program for major sources and major modifications ....................
(C)(iii): Permitting program for minor sources and minor modifications ...........
A*
A*
A*
A*
A*
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1 Note that regarding CAA 110(D)(i)(II) Visibility
Protection—(‘‘prong 4’’) for the 2006 PM2.5, EPA
previously proposed disapproval at 80 FR 38419
(July 6, 2015) for an earlier SIP submittal dated
September 21, 2009. However, in the State’s March
24, 2017 submittal, Arkansas submitted revisions to
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address CAA 110(D)(i)(II) (‘‘prong 4’’) for the 2006
PM2.5 that supersede the September 21, 2009
submittal. In Table 1 below, we are making an
administrative correction to the table as was
originally proposed. We are making an
administrative correction to note a minor change
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Sfmt 4700
from ‘‘No submittal’’ to ‘‘No action’’ for the 2006
PM2.5 (‘‘prong 4’’). We will address the 2006 PM2.5
NAAQs 110(a)(2)(D)(i)(II)(‘‘prong 4’’) element in a
future rule making.
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations
TABLE 1—FINAL ACTIONS ON THE ARKANSAS INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS—Continued
Element
2006 PM2.5
2008 Pb
2008 Ozone
2010 NO2
2010 SO2
2012 PM2.5
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
(prongs 1 and 2) ............................................................................................
A*
A
A
No action
No action
(D)(i)(II): PSD (requirement 3) ..........................................................................
(D)(i)(II): Visibility Protection (requirement 4) ...................................................
(D)(ii): Interstate and International Pollution Abatement ..................................
(E)(i): Adequate resources ................................................................................
(E)(ii): State boards ...........................................................................................
(E)(iii): Necessary assurances with respect to local agencies .........................
(F): Stationary source monitoring system .........................................................
(G): Emergency power ......................................................................................
(H): Future SIP revisions ..................................................................................
(I): Nonattainment area plan or plan revisions under part D ............................
(J)(i): Consultation with government officials ....................................................
(J)(ii): Public notification ....................................................................................
(J)(iii): PSD ........................................................................................................
(J)(iv): Visibility protection .................................................................................
(K): Air quality modeling and data ....................................................................
(L): Permitting fees ............................................................................................
(M): Consultation and participation by affected local entities ...........................
A*
No action
A
A*
A*
A*
A*
A*
A*
+
A*
A*
A*
+
A*
A*
A*
A
A
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
*No
submittal
A
No action
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
A
No action
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
A
No action
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
A
No action
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table 1: Final actions on AR infrastructure SIP submittals for various NAAQS.
A—Approve.
A*—Previously approved for an earlier submittal.
+—Not germane to infrastructure SIPs.
No action—EPA is taking no action on these infrastructure requirements in this rulemaking. EPA may address in separate future rulemaking action(s).
*—No submittal *FIP in place.
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III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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, described in
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4);
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• 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 CAA; 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
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
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 April 16, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Interstate transport of pollution, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Regulatory Measures in the Arkansas
SIP’’ is amended by adding the
following entries at the end:
Subpart E—Arkansas
2. In § 52.170, in paragraph (e), the
third table titled ‘‘EPA-Approved
Nonregulatory Provisions and Quasi-
■
1. The authority citation for part 52
continues to read as follows:
■
§ 52.170
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Name of SIP provision
Applicable
geographic
or
nonattainment
area
State
submittal/
effective
date
EPA approval date
*
Infrastructure for the 2006
PM2.5 NAAQS.
Infrastructure for the 2008
Pb NAAQS.
Infrastructure for the 2008
O3 NAAQS.
*
Statewide .....
*
3/24/2017
Statewide .....
3/24/2017
Statewide .....
3/24/2017
Infrastructure for the 2010
NO2 NAAQS.
Statewide .....
3/24/2017
2/14/2018, [Insert Federal
Register citation].
Infrastructure for the 2010
SO2 NAAQS.
Statewide .....
3/24/2017
2/14/2018, [Insert Federal
Register citation].
Infrastructure for the 2012
PM2.5 NAAQS.
Statewide .....
3/24/2017
2/14/2018, [Insert Federal
Register citation].
[FR Doc. 2018–02892 Filed 2–13–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170322302–8104–02]
RIN 0648–BG74
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Amendment 16 to the Coastal Pelagic
Species Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is publishing this final
rule to implement Amendment 16 of the
Coastal Pelagic Species (CPS) Fishery
Management Plan (FMP). This rule will
allow for very small amounts of
directed, non-live bait fishing (referred
to as ‘‘minor directed fishing’’) on CPS
finfish to occur when a fishery is
otherwise closed to directed fishing.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:30 Feb 13, 2018
Jkt 244001
*
2/14/2018, [Insert Federal
Register citation].
2/14/2018, [Insert Federal
Register citation].
2/14/2018, [Insert Federal
Register citation].
Explanation
*
*
Approval for 110(a)(2)(D)(ii).
Approval for 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L) and (M).
Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions
pertaining and PSD), (D)(ii), (E), (F), (G), (H), (J),
(K), (L) and (M).
Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion pertaining to nonattainment interference with maintenance and PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L) and (M).
Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L) and (M).
Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
(L) and (M).
Currently, when directed fishing is
closed, a small sector of the CPS fishery
that is not part of the primary
commercial directed fishery has been
precluded from landing even minor
amounts because this activity does not
fall under the existing exemptions for
incidental harvest or for harvesting CPS
to be sold as live bait. This rule allows
this sector to continue directed fishing
after other directed fisheries are closed,
unless otherwise specified in a closure
notice published by NMFS or if an
applicable annual catch limit (ACL) is
anticipated to be exceeded. To prevent
exploitation of this rule to make large
aggregate harvests, ‘‘minor directed
fishing’’ would not be allowed to exceed
landings of 1 metric ton (mt) per day per
vessel or person or one fishing trip per
day by any vessel. The purpose of this
rule is to provide greater flexibility to
small fishing operations, while
continuing to conserve the target CPS
fish stocks.
DATES: Effective March 16, 2018.
ADDRESSES: Copies of the CPS FMP as
amended through Amendment 16, with
notations showing how Amendment 16
will change the FMP are available via
the Federal eRulemaking Portal: https://
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2017-0135, or by
PO 00000
Frm 00022
Fmt 4700
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*
contacting the Pacific Fisheries
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Joshua B. Lindsay, Sustainable Fisheries
Division, NMFS, at 562–980–4034; or
Kerry Griffin, Pacific Fishery
Management Council, at 503–820–2280.
SUPPLEMENTARY INFORMATION: The CPS
fishery in the U.S. exclusive economic
zone (EEZ) off the West Coast is
managed under the CPS FMP, which
was developed by the Council pursuant
to the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA), 16 U.S.C. 1801 et seq. Species
managed under the CPS FMP include
Pacific sardine, Pacific mackerel, jack
mackerel, northern anchovy, market
squid and krill. The CPS FMP was
approved by the Secretary of Commerce
and was implemented by regulations at
50 CFR part 660, subpart I.
At its April 2017 meeting, the Pacific
Fishery Management Council (Council)
voted to submit Amendment 16 to
NMFS for review and approval. On
November 6, 2017, NMFS published a
Notice of Availability for Amendment
16 in the Federal Register (82 FR
51381), with a comment period ending
January 5, 2018. On November 22, 2017,
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]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6470-6472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02892]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0435; FRL-9973- 23--Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Arkansas; Infrastructure State Implementation Plan Requirements for the
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving State Implementation
Plan (SIP) revisions submitted by the State of Arkansas to address the
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or
Act) for the 2006 and 2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standards (NAAQS), 2008 lead (Pb) NAAQS,
2008 ozone (O3) NAAQS, 2010 nitrogen dioxide
(NO2) NAAQS, and the 2010 sulfur dioxide (SO2)
NAAQS. Under CAA sections 110(a)(1) and 110(a)(2), each state is
required to submit a SIP that provides for the implementation,
maintenance, and enforcement of a revised primary or secondary NAAQS.
CAA sections 110(a)(1) and (2) require each state to make a new SIP
submission within three years after EPA promulgates a new or revised
NAAQS for approval into the existing federally-approved SIP to assure
that the SIP meets the applicable requirements for such new and revised
NAAQS. This type of SIP submission is commonly referred to as an
``infrastructure SIP or ``i-SIP.''
DATES: This final rule is effective on March 16, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2017-0435. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Nevine Salem, (214) 665-7222,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with her or Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
November 20, 2017 proposal (82 FR 55065). In that action, we proposed
to approve the Arkansas i-SIP submittal dated March 24, 2017 to address
the requirements of sections 110(a)(1) and (2) of the Act for the 2006
and 2012 PM2.5 NAAQS, 2008 lead (Pb) NAAQS, 2008 ozone
(O3) NAAQS, 2010 nitrogen dioxide (NO2) NAAQS,
and the 2010 sulfur dioxide (SO2) NAAQS. Under CAA sections
110(a)(1) and 110(a)(2), each state is required to submit a SIP that
provides for the implementation, maintenance, and enforcement of a
revised primary or secondary NAAQS. CAA sections 110(a)(1) and (2)
require each state to make a new SIP submission within three years
after EPA promulgates a new or revised NAAQS for approval into the
existing federally-approved SIP to assure that the SIP meets the
applicable requirements for such new and revised NAAQS.
We received an anonymous public comment on December 18, 2017 on the
proposed rulemaking action. The comment is posted to the docket (EPA-
R06-OAR-2017-0435). The commenter raised concerns about the accuracy of
agricultural and wild fires emissions inventory. Such comment is
irrelevant and is outside the scope of this specific rule making
action.
II. Final Action
As detailed in the proposal action, EPA is approving the majority
of the March 24, 2017, Arkansas i-SIP submittal, which addresses the
requirements of CAA sections 110(a)(1) and (2) as applicable to the
2006 PM2.5, 2008 Pb, 2008 O3, 2010
SO2, 2010 NO2, and 2012 PM2.5 NAAQS.
Table 1 outlines the specific actions \1\ we are approving in this
final rulemaking.
---------------------------------------------------------------------------
\1\ Note that regarding CAA 110(D)(i)(II) Visibility
Protection--(``prong 4'') for the 2006 PM2.5, EPA
previously proposed disapproval at 80 FR 38419 (July 6, 2015) for an
earlier SIP submittal dated September 21, 2009. However, in the
State's March 24, 2017 submittal, Arkansas submitted revisions to
address CAA 110(D)(i)(II) (``prong 4'') for the 2006
PM2.5 that supersede the September 21, 2009 submittal. In
Table 1 below, we are making an administrative correction to the
table as was originally proposed. We are making an administrative
correction to note a minor change from ``No submittal'' to ``No
action'' for the 2006 PM2.5 (``prong 4''). We will
address the 2006 PM2.5 NAAQs 110(a)(2)(D)(i)(II)(``prong
4'') element in a future rule making.
Table 1--Final Actions on the Arkansas Infrastructure SIP Submittal for Various NAAQS
----------------------------------------------------------------------------------------------------------------
2006 PM2.5 2012 PM2.5
Element 2008 Pb 2008 Ozone 2010 NO2 2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and A* A A A A A
other control measures.....
(B): Ambient air quality A* A A A A A
monitoring and data system.
(C)(i): Enforcement of SIP A* A A A A A
measures...................
(C)(ii): PSD program for A* A A A A A
major sources and major
modifications..............
(C)(iii): Permitting program A* A A A A A
for minor sources and minor
modifications..............
[[Page 6471]]
(D)(i)(I): Contribute to A* A *No A No action No action
nonattainment/interfere submittal
with maintenance of NAAQS
(prongs 1 and 2)...........
(D)(i)(II): PSD (requirement A* A A A A A
3).........................
(D)(i)(II): Visibility No action A No action No action No action No action
Protection (requirement 4).
(D)(ii): Interstate and A A A A A A
International Pollution
Abatement..................
(E)(i): Adequate resources.. A* A A A A A
(E)(ii): State boards....... A* A A A A A
(E)(iii): Necessary A* A A A A A
assurances with respect to
local agencies.............
(F): Stationary source A* A A A A A
monitoring system..........
(G): Emergency power........ A* A A A A A
(H): Future SIP revisions... A* A A A A A
(I): Nonattainment area plan + + + + + +
or plan revisions under
part D.....................
(J)(i): Consultation with A* A A A A A
government officials.......
(J)(ii): Public notification A* A A A A A
(J)(iii): PSD............... A* A A A A A
(J)(iv): Visibility + + + + + +
protection.................
(K): Air quality modeling A* A A A A A
and data...................
(L): Permitting fees........ A* A A A A A
(M): Consultation and A* A A A A A
participation by affected
local entities.............
----------------------------------------------------------------------------------------------------------------
Key to Table 1: Final actions on AR infrastructure SIP submittals for various NAAQS.
A--Approve.
A*--Previously approved for an earlier submittal.
+--Not germane to infrastructure SIPs.
No action--EPA is taking no action on these infrastructure requirements in this rulemaking. EPA may address in
separate future rulemaking action(s).
*--No submittal *FIP in place.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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 CAA; 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 April 16, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Interstate transport of
pollution, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
[[Page 6472]]
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, in paragraph (e), the third table titled ``EPA-
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Arkansas SIP'' is amended by adding the following entries at the end:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 2006 Statewide.......... 3/24/2017 2/14/2018, [Insert Approval for
PM2.5 NAAQS. Federal Register 110(a)(2)(D)(ii).
citation].
Infrastructure for the 2008 Pb Statewide.......... 3/24/2017 2/14/2018, [Insert Approval for
NAAQS. Federal Register 110(a)(2)(A), (B),
citation]. (C), (D), (E), (F),
(G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2008 O3 Statewide.......... 3/24/2017 2/14/2018, [Insert Approval for
NAAQS. Federal Register 110(a)(2)(A), (B),
citation]. (C), (D)(i) (portions
pertaining and PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2010 NO2 Statewide.......... 3/24/2017 2/14/2018, [Insert Approval for
NAAQS. Federal Register 110(a)(2)(A), (B),
citation]. (C), (D)(i)(portion
pertaining to
nonattainment
interference with
maintenance and PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2010 SO2 Statewide.......... 3/24/2017 2/14/2018, [Insert Approval for
NAAQS. Federal Register 110(a)(2)(A), (B),
citation]. (C), (D)(i)(portion
pertaining to PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2012 Statewide.......... 3/24/2017 2/14/2018, [Insert Approval for
PM2.5 NAAQS. Federal Register 110(a)(2)(A), (B),
citation]. (C), (D)(i) (portion
pertaining to PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L) and (M).
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[FR Doc. 2018-02892 Filed 2-13-18; 8:45 am]
BILLING CODE 6560-50-P
