Air Plan Approval; Arkansas, 38964-38968 [2018-16904]
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Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Rules and Regulations
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[FR Doc. 2018–16736 Filed 8–7–18; 8:45 am]
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[Corrected]
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[FR Doc. C1–2018–15786 Filed 8–7–18; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2017–0699; FRL–9981–
41—Region 6]
Air Plan Approval; Arkansas
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of the revisions to
the Arkansas State Implementation Plan
(SIP) submitted by the Arkansas
Department of Environmental Quality
(ADEQ) on March 24, 2017. Most of the
revisions are administrative in nature
and make the SIP current with Federal
rules. The EPA is also making
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SUMMARY:
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ministerial changes to the Code of
Federal Register (CFR) to reflect SIP
actions pertaining to the Arkansas
Prevention of Significant Deterioration
(PSD) program.
DATES: This rule is effective on
November 6, 2018 without further
notice, unless the EPA receives relevant
adverse comment by September 7, 2018.
If the EPA receives such comment, the
EPA will publish a timely withdrawal in
the Federal Register informing the
public that this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0699, at https://
www.regulations.gov or via email to
paige.carrie@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Carrie Paige, 214–665–6521,
paige.carrie@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Carrie Paige, 214–665–6521,
paige.carrie@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Paige or Mr. Bill
Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
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I. Background
The SIP is a set of air pollution
regulations, control strategies, and
technical analyses developed by the
state to ensure that the state meets the
National Ambient Air Quality Standards
(NAAQS). These ambient standards are
established under section 109 of the Act
and they currently address six criteria
pollutants: Carbon monoxide, lead,
nitrogen dioxide, ozone, particulate
matter, and sulfur dioxide. The SIP is
required by Section 110 of the Act and
can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
On March 24, 2017, the Governor of
Arkansas submitted to the EPA
revisions to the Arkansas SIP. The
submittal includes revisions to the
Regulations of the Arkansas Plan of
Implementation for Air Pollution
Control enacted at Arkansas Annotated
Code (‘‘Ark. Code Ann.’’) Regulation 19
(‘‘Reg. 19’’), Chapters 1–5, 7, 9, 11, 13–
15, Appendix A, and Appendix B, and
the Infrastructure and NAAQS SIPs.
EPA has taken separate action on the
following portions of this submittal: (1)
On December 21, 2017, EPA approved
the revisions to Reg. 19, Chapter 2, that
address the definition of ‘‘Volatile
Organic Compounds’’ (see 82 FR 60517);
(2) On February 14, 2018, EPA approved
the Infrastructure portion (see 83 FR
6470); (3) On June 29, 2018, EPA
approved the revisions to Reg. 19,
Chapter 4, that address Minor New
Source Review (see 83 FR 30553); And,
(4) on June 29, 2018, EPA proposed to
approve the revisions that address
interstate transport requirements for the
2012 PM2.5 NAAQS and the revisions to
Reg. 19, Chapter 2 and Appendix B, that
address the definition of 2012 PM2.5 in
the definition of ‘‘NAAQS’’ and the
table for ‘‘Particle Pollution, PM2.5’’ (see
83 FR 30622). Because these prior EPA
actions did not address all the
submitted revisions to Reg. 19, Chapter
2 and Appendix B, today’s action
addresses the remaining submitted
revisions to Reg. 19, Chapter 2 and
Appendix B, and the submitted
revisions to Reg. 19, Chapters 1, 3, 5, 13,
14, and 15. For a detailed list of each
revision with our evaluation, please see
our Technical Support Document (TSD)
in the docket for this rulemaking.
II. Summary of Revisions to the
Arkansas SIP and EPA Evaluation
A. Non-Substantive Changes
Non-substantive changes were made
to Regulation 19, Chapter 1, Sections
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101 and 103; Chapter 2 definitions;
Chapter 3, Sections 301 and 304;
Chapter 5, Sections 502–504; Chapter
13, Sections 1303 and 1308; Chapter 14,
Section 1401; and Chapter 15, Sections
1502 and 1504 such as edits to
acronyms, punctuation and section
symbols. A complete listing of the nonsubstantive changes is in the TSD for
this action. These changes are being
approved here to maintain consistency
between State rules and the approved
SIP.
B. Regulation 19, Chapter 2—Definitions
Two definitions, ‘‘NAAQS state
implementation plan or NAAQS SIP’’
and ‘‘State implementation plan or SIP’’
are new—these definitions are
applicable to revised provisions in this
SIP submittal. Several other revisions
provide current references and
publication dates for the specified
Federal regulations within the
definition. These revisions are necessary
because Arkansas does not incorporate
changes to the Federal regulations by
reference prospectively and thus, must
update its rules as Federal regulations
are revised. For example, when the EPA
revises test methods to allow the use of
newly approved alternative procedures,
the State must revise their state rules to
incorporate the date of that Federal
action. We find these revisions
approvable.
In addition, the revisions to the
definition for ‘‘CO2 equivalent
emissions’’ delete a sentence commonly
referred to as EPA’s Biomass Deferral
language, which EPA disapproved as a
revision to the Arkansas SIP on May 23,
2016 (see 81 FR 32239 and 40 CFR
52.172). Because of our disapproval (see
81 FR 32239), the Biomass Deferral
language was never in the Arkansas
approved SIP and thus, the State’s
removal of this language from its State
rules is a non-substantive change.
Because the submitted revisions delete
previously disapproved language, we
are removing the prior disapproval
listed in 40 CFR 52.172(c) as described
in paragraph D of this action.
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C. Regulation 19, Appendix B—National
Ambient Air Quality Standards List
The revisions to the tables for Lead,
PM2.5, and PM10 are non-substantive
because the revisions remove
unnecessary punctuation. The revisions
to the tables for Nitrogen Dioxide,
Ozone, and Sulfur Dioxide expand the
applicability of these NAAQS from
Chapter 9, which addresses
Administrative Permit Amendments, to
include all chapters in Reg. 19. We find
these revisions approvable.
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D. Ministerial Changes to the CFR
We are making ministerial changes to
the CFR to reflect that (1) our March 4,
2015 approval of revisions to the
Arkansas PSD regulations for the PM2.5
NAAQS (80 FR 11573) addressed our
August 20, 2012 disapproval of
Arkansas infrastructure SIP elements
pertaining to these NAAQS (77 FR
50033) and (2) our approval of the
revised definition for ‘‘CO2 equivalent
emissions’’ submitted on March 24,
2017 addresses our May 23, 2016
disapproval of the definition (81 FR
32239), as described in paragraph B of
this action and the TSD.
E. Section 110(l) Analysis
Section 110(l) of the Act precludes
EPA from approving a revision of a plan
if the revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171 of
the CAA), or any other applicable
requirement of the Act. The submitted
revisions in this action expand the
applicability of the NAAQS in
Appendix B to all chapters in Reg. 19.
In addition, the submitted revisions
evaluated in this action do not relax or
otherwise weaken existing rules in the
Arkansas SIP. Therefore, these revisions
would not contribute to future
violations of the NAAQS or interfere
with reasonable further progress or any
applicable CAA requirements. The nonsubstantive revisions also would not
contribute to future violations of the
NAAQS or interfere with reasonable
further progress or any applicable CAA
requirements.
III. Final Action
Pursuant to section 110 of the CAA,
EPA is approving revisions to the
Arkansas SIP submitted on March 24,
2017. Specifically, we are approving
revisions to Regulation 19, Chapter 1,
Sections 101 and 103; Chapter 2
definitions; Chapter 3, Sections 301 and
304; Chapter 5, Sections 502–504;
Chapter 13, Sections 1303 and 1308;
Chapter 14, Section 1401; Chapter 15,
Sections 1502 and 1504; and Appendix
B tables addressing Lead, Nitrogen
Dioxide, Ozone, PM10, and Sulfur
Dioxide. The EPA is also removing the
disapproval of the Greenhouse Gas
(GHG) Biomass Deferral listed at 40 CFR
52.172(c).
The EPA is publishing this rule
without prior proposal because we view
this as a non-controversial amendment
and anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
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38965
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on November 6, 2018
without further notice unless we receive
relevant adverse comment by September
7, 2018. If we receive relevant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. We will address all
public comments in a subsequent final
rule based on the proposed rule. We
will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the Arkansas regulations as
described in the Final Action section
above. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact Carrie
Paige, 214–665–6521, paige.carrie@
epa.gov for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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:
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• 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, 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 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. The EPA will
submit a report containing this rule 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 9, 2018. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides.
Dated: July 31, 2018.
Anne Idsal,
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. In § 52.170:
a. In paragraph (c), the table titled
‘‘EPA-Approved Regulations in the
Arkansas SIP’’ is amended by revising
the entries under Regulation 19 for
‘‘Reg. 19.101’’, ‘‘Reg. 19.103’’, ‘‘Chapter
2’’, ‘‘Reg. 19.301’’, ‘‘Reg. 19.304’’, ‘‘Reg.
19.502–504’’, ‘‘Reg. 19.1303’’, ‘‘Reg.
19.1308’’, ‘‘Reg. 19.1401’’, ‘‘Reg.
19.1502’’, ‘‘Reg. 19.1504’’, and
‘‘Appendix B’’; and
■ b. In paragraph (e), the third table
titled ‘‘EPA-Approved Non-Regulatory
Provisions and Quasi-Regulatory
Measures in the Arkansas SIP’’ is
amended by revising the entry for
‘‘Infrastructure for the 1997 and 2006
PM2.5 NAAQS’’.
The revisions read as follows:
■
■
§ 52.170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State citation
Title/subject
State
submittal/
effective date
EPA approval date
Explanation
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
Chapter 1: Title, Intent and Purpose
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Reg. 19.101 ...................
Title ..............................
3/24/2017
*
Reg. 19.103 ...................
*
*
Intent and Construction
3/24/2017
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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued
State citation
*
State
submittal/
effective date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
Chapter 2: Definitions
Chapter 2 .......................
Definitions ....................
3/24/2017
8/8/2018, [Insert Federal Register citation].
The definition of VOC submitted on 3/24/2017
was approved on 12/21/2017 (82 FR 60517).
Revisions to the definition of National Ambient Air Quality Standard submitted on 3/24/
2017 are addressed in a separate action.
Chapter 3: Protection of the National Ambient Air Quality Standards
Reg. 19.301 ...................
Purpose ........................
3/24/2017
*
Reg. 19.304 ...................
*
*
Delegated Federal Programs.
3/24/2017
*
*
*
8/8/2018, [Insert Federal Register citation].
*
*
8/8/2018, [Insert Federal Register citation].
*
*
*
*
*
*
8/8/2018, [Insert Federal Register citation].
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*
*
*
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*
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8/8/2018, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
*
8/8/2018, [Insert Federal Register citation].
*
*
*
*
Chapter 5: General Emission Limitations Applicability to Equipment
*
Reg. 19.502 ...................
*
*
General Regulations ....
*
Reg. 19.504 ...................
*
*
Stack Height/Dispersion
Regulations.
*
*
3/24/2017
3/24/2017
*
*
Chapter 13: Stage I Vapor Recovery
*
Reg. 19.1303 .................
*
*
Definitions ....................
*
Reg. 19.1308 .................
*
Vapor Recovery Systems.
*
*
3/24/2017
*
3/24/2017
*
*
*
Chapter 14: CAIR NOX Ozone Season Trading Program General Provisions
Reg. 19.1401 .................
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*
Adoption of Regulations
*
3/24/2017
*
8/8/2018, [Insert Federal Register citation].
*
Chapter 15: Regional Haze
*
Reg. 19.1502 .................
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*
Definitions ....................
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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued
State citation
State
submittal/
effective date
Title/subject
*
Reg. 19.1504 .................
*
Facilities Subject-toBART.
*
*
*
3/24/2017
EPA approval date
Explanation
*
*
8/8/2018, [Insert Federal Register citation].
*
*
*
*
*
*
*
*
*
Appendix B: National Ambient Air Quality Standards List
Appendix B ....................
National Ambient Air
Quality Standards
List.
*
*
*
*
*
*
3/24/2017
8/8/2018, [Insert Federal Register citation].
*
*
*
*
(e) * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Applicable
geographic or
nonattainment
area
Name of SIP provision
*
Infrastructure for the 1997
and 2006 PM2.5 NAAQS.
*
§ 52.172
*
*
Statewide ...........................
*
3. Section 52.172 is amended by
removing paragraphs (a), (b), and (c).
[FR Doc. 2018–16904 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0152; FRL–9981–
05—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Interstate Transport
Requirements for the 2012 Fine
Particulate Matter Standard; Correction
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3/4/2015
(80 FR
11573)
*
Explanation
*
*
*
Approval for CAA elements 110(a)(2)(A), (B), (E), (F),
(G), (H), (K), (L), and (M) on 8/20/2012 (77 FR
50033). Approval for PSD elements (C), (D)(i)(II)
(interfere with measures in any other state to prevent significant deterioration of air quality), D(ii) and
(J) on March 4, 2015 (80 FR 11573).
*
This document corrects an
error in the amendatory language of a
final rule pertaining to EPA’s approval
of a state implementation plan (SIP)
revision submitted by Delaware to
address the infrastructure requirements
for interstate transport of pollution with
respect to the 2012 fine particulate
(PM2.5) national ambient air quality
standards (NAAQS).
DATES: Effective August 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, (215) 814–2021
or by email at schulingkamp.joseph@
epa.gov.
SUMMARY:
■
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
16:30 Aug 07, 2018
EPA
approval
date
*
3/28/2008,
9/16/2009,
12/1/2014
*
[Amended]
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submittal/
effective
date
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On July
12, 2018 (83 FR 32209), EPA published
a final rulemaking action approving
Delaware’s December 14, 2015 SIP
revision addressing the interstate
transport requirements for the 2012
PM2.5 NAAQS. In the published
document appearing on page 32211,
SUPPLEMENTARY INFORMATION:
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*
EPA inadvertently directed amendments
to be published to 40 CFR 52.470. The
correct section for the state of Delaware
is 40 CFR 52.420.
EPA does not expect adverse
comments on this action.
In FR Doc. 2018–14838 appearing on
page 32209 in the Federal Register of
Thursday, July 12, 2018, the following
correction is made:
§ 52.420
[Corrected]
On page 32211, third column, under
the heading ‘‘Subpart I—Delaware’’, the
section heading ‘‘§ 52.470 Identification
of plan.’’ is corrected to read ‘‘§ 52.420
Identification of plan.’’.
■
Dated: July 26, 2018.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
[FR Doc. 2018–16878 Filed 8–7–18; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38964-38968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16904]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0699; FRL-9981-41--Region 6]
Air Plan Approval; Arkansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of the
revisions to the Arkansas State Implementation Plan (SIP) submitted by
the Arkansas Department of Environmental Quality (ADEQ) on March 24,
2017. Most of the revisions are administrative in nature and make the
SIP current with Federal rules. The EPA is also making ministerial
changes to the Code of Federal Register (CFR) to reflect SIP actions
pertaining to the Arkansas Prevention of Significant Deterioration
(PSD) program.
DATES: This rule is effective on November 6, 2018 without further
notice, unless the EPA receives relevant adverse comment by September
7, 2018. If the EPA receives such comment, the EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0699, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Carrie Paige, 214-665-
6521, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Carrie Paige, 214-665-6521,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Paige or Mr. Bill Deese at 214-665-
7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The SIP is a set of air pollution regulations, control strategies,
and technical analyses developed by the state to ensure that the state
meets the National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: Carbon monoxide, lead,
nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The
SIP is required by Section 110 of the Act and can be extensive,
containing state regulations or other enforceable documents and
supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
On March 24, 2017, the Governor of Arkansas submitted to the EPA
revisions to the Arkansas SIP. The submittal includes revisions to the
Regulations of the Arkansas Plan of Implementation for Air Pollution
Control enacted at Arkansas Annotated Code (``Ark. Code Ann.'')
Regulation 19 (``Reg. 19''), Chapters 1-5, 7, 9, 11, 13-15, Appendix A,
and Appendix B, and the Infrastructure and NAAQS SIPs. EPA has taken
separate action on the following portions of this submittal: (1) On
December 21, 2017, EPA approved the revisions to Reg. 19, Chapter 2,
that address the definition of ``Volatile Organic Compounds'' (see 82
FR 60517); (2) On February 14, 2018, EPA approved the Infrastructure
portion (see 83 FR 6470); (3) On June 29, 2018, EPA approved the
revisions to Reg. 19, Chapter 4, that address Minor New Source Review
(see 83 FR 30553); And, (4) on June 29, 2018, EPA proposed to approve
the revisions that address interstate transport requirements for the
2012 PM2.5 NAAQS and the revisions to Reg. 19, Chapter 2 and
Appendix B, that address the definition of 2012 PM2.5 in the
definition of ``NAAQS'' and the table for ``Particle Pollution,
PM2.5'' (see 83 FR 30622). Because these prior EPA actions
did not address all the submitted revisions to Reg. 19, Chapter 2 and
Appendix B, today's action addresses the remaining submitted revisions
to Reg. 19, Chapter 2 and Appendix B, and the submitted revisions to
Reg. 19, Chapters 1, 3, 5, 13, 14, and 15. For a detailed list of each
revision with our evaluation, please see our Technical Support Document
(TSD) in the docket for this rulemaking.
II. Summary of Revisions to the Arkansas SIP and EPA Evaluation
A. Non-Substantive Changes
Non-substantive changes were made to Regulation 19, Chapter 1,
Sections
[[Page 38965]]
101 and 103; Chapter 2 definitions; Chapter 3, Sections 301 and 304;
Chapter 5, Sections 502-504; Chapter 13, Sections 1303 and 1308;
Chapter 14, Section 1401; and Chapter 15, Sections 1502 and 1504 such
as edits to acronyms, punctuation and section symbols. A complete
listing of the non-substantive changes is in the TSD for this action.
These changes are being approved here to maintain consistency between
State rules and the approved SIP.
B. Regulation 19, Chapter 2--Definitions
Two definitions, ``NAAQS state implementation plan or NAAQS SIP''
and ``State implementation plan or SIP'' are new--these definitions are
applicable to revised provisions in this SIP submittal. Several other
revisions provide current references and publication dates for the
specified Federal regulations within the definition. These revisions
are necessary because Arkansas does not incorporate changes to the
Federal regulations by reference prospectively and thus, must update
its rules as Federal regulations are revised. For example, when the EPA
revises test methods to allow the use of newly approved alternative
procedures, the State must revise their state rules to incorporate the
date of that Federal action. We find these revisions approvable.
In addition, the revisions to the definition for ``CO2 equivalent
emissions'' delete a sentence commonly referred to as EPA's Biomass
Deferral language, which EPA disapproved as a revision to the Arkansas
SIP on May 23, 2016 (see 81 FR 32239 and 40 CFR 52.172). Because of our
disapproval (see 81 FR 32239), the Biomass Deferral language was never
in the Arkansas approved SIP and thus, the State's removal of this
language from its State rules is a non-substantive change. Because the
submitted revisions delete previously disapproved language, we are
removing the prior disapproval listed in 40 CFR 52.172(c) as described
in paragraph D of this action.
C. Regulation 19, Appendix B--National Ambient Air Quality Standards
List
The revisions to the tables for Lead, PM2.5, and
PM10 are non-substantive because the revisions remove
unnecessary punctuation. The revisions to the tables for Nitrogen
Dioxide, Ozone, and Sulfur Dioxide expand the applicability of these
NAAQS from Chapter 9, which addresses Administrative Permit Amendments,
to include all chapters in Reg. 19. We find these revisions approvable.
D. Ministerial Changes to the CFR
We are making ministerial changes to the CFR to reflect that (1)
our March 4, 2015 approval of revisions to the Arkansas PSD regulations
for the PM2.5 NAAQS (80 FR 11573) addressed our August 20,
2012 disapproval of Arkansas infrastructure SIP elements pertaining to
these NAAQS (77 FR 50033) and (2) our approval of the revised
definition for ``CO2 equivalent emissions'' submitted on March 24, 2017
addresses our May 23, 2016 disapproval of the definition (81 FR 32239),
as described in paragraph B of this action and the TSD.
E. Section 110(l) Analysis
Section 110(l) of the Act precludes EPA from approving a revision
of a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171 of the CAA), or any other applicable requirement
of the Act. The submitted revisions in this action expand the
applicability of the NAAQS in Appendix B to all chapters in Reg. 19. In
addition, the submitted revisions evaluated in this action do not relax
or otherwise weaken existing rules in the Arkansas SIP. Therefore,
these revisions would not contribute to future violations of the NAAQS
or interfere with reasonable further progress or any applicable CAA
requirements. The non-substantive revisions also would not contribute
to future violations of the NAAQS or interfere with reasonable further
progress or any applicable CAA requirements.
III. Final Action
Pursuant to section 110 of the CAA, EPA is approving revisions to
the Arkansas SIP submitted on March 24, 2017. Specifically, we are
approving revisions to Regulation 19, Chapter 1, Sections 101 and 103;
Chapter 2 definitions; Chapter 3, Sections 301 and 304; Chapter 5,
Sections 502-504; Chapter 13, Sections 1303 and 1308; Chapter 14,
Section 1401; Chapter 15, Sections 1502 and 1504; and Appendix B tables
addressing Lead, Nitrogen Dioxide, Ozone, PM10, and Sulfur
Dioxide. The EPA is also removing the disapproval of the Greenhouse Gas
(GHG) Biomass Deferral listed at 40 CFR 52.172(c).
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on November 6, 2018
without further notice unless we receive relevant adverse comment by
September 7, 2018. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Arkansas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Carrie Paige, 214-665-6521,
[email protected] for more information). Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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:
[[Page 38966]]
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, 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 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. The EPA will submit a report containing this rule 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 9, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur
oxides.
Dated: July 31, 2018.
Anne Idsal,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
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2. In Sec. 52.170:
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a. In paragraph (c), the table titled ``EPA-Approved Regulations in the
Arkansas SIP'' is amended by revising the entries under Regulation 19
for ``Reg. 19.101'', ``Reg. 19.103'', ``Chapter 2'', ``Reg. 19.301'',
``Reg. 19.304'', ``Reg. 19.502-504'', ``Reg. 19.1303'', ``Reg.
19.1308'', ``Reg. 19.1401'', ``Reg. 19.1502'', ``Reg. 19.1504'', and
``Appendix B''; and
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b. In paragraph (e), the third table titled ``EPA-Approved Non-
Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas
SIP'' is amended by revising the entry for ``Infrastructure for the
1997 and 2006 PM2.5 NAAQS''.
The revisions read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Arkansas SIP
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State
State citation Title/subject submittal/ EPA approval date Explanation
effective date
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Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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Chapter 1: Title, Intent and Purpose
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Reg. 19.101.................... Title............. 3/24/2017 8/8/2018, [Insert
Federal Register
citation].
* * * * * * *
Reg. 19.103.................... Intent and 3/24/2017 8/8/2018, [Insert
Construction. Federal Register
citation].
[[Page 38967]]
* * * * * * *
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Chapter 2: Definitions
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Chapter 2...................... Definitions....... 3/24/2017 8/8/2018, [Insert The definition of VOC
Federal Register submitted on 3/24/2017
citation]. was approved on 12/21/
2017 (82 FR 60517).
Revisions to the
definition of National
Ambient Air Quality
Standard submitted on
3/24/2017 are
addressed in a
separate action.
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Chapter 3: Protection of the National Ambient Air Quality Standards
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Reg. 19.301.................... Purpose........... 3/24/2017 8/8/2018, [Insert
Federal Register
citation].
* * * * * * *
Reg. 19.304.................... Delegated Federal 3/24/2017 8/8/2018, [Insert
Programs. Federal Register
citation].
* * * * * * *
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Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reg. 19.502.................... General 3/24/2017 8/8/2018, [Insert
Regulations. Federal Register
citation].
* * * * * * *
Reg. 19.504.................... Stack Height/ 3/24/2017 8/8/2018, [Insert
Dispersion Federal Register
Regulations. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reg. 19.1303................... Definitions....... 3/24/2017 8/8/2018, [Insert
Federal Register
citation].
* * * * * * *
Reg. 19.1308................... Vapor Recovery 3/24/2017 8/8/2018, [Insert
Systems. Federal Register
citation].
* * * * * * *
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Chapter 14: CAIR NO Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401................... Adoption of 3/24/2017 8/8/2018, [Insert
Regulations. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 15: Regional Haze
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reg. 19.1502................... Definitions....... 3/24/2017 8/8/2018, [Insert
Federal Register
citation].
[[Page 38968]]
* * * * * * *
Reg. 19.1504................... Facilities Subject- 3/24/2017 8/8/2018, [Insert
to-BART. Federal Register
citation].
* * * * * * *
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Appendix B: National Ambient Air Quality Standards List
----------------------------------------------------------------------------------------------------------------
Appendix B..................... National Ambient 3/24/2017 8/8/2018, [Insert
Air Quality Federal Register
Standards List. citation].
* * * * * * *
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* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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State
Applicable submittal/ EPA
Name of SIP provision geographic or effective approval Explanation
nonattainment area date date
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* * * * * * *
Infrastructure for the 1997 and Statewide............ 3/28/2008, 3/4/2015 Approval for CAA elements
2006 PM2.5 NAAQS. 9/16/2009, (80 FR 110(a)(2)(A), (B), (E),
12/1/2014 11573) (F), (G), (H), (K), (L),
and (M) on 8/20/2012 (77
FR 50033). Approval for
PSD elements (C),
(D)(i)(II) (interfere
with measures in any
other state to prevent
significant deterioration
of air quality), D(ii)
and (J) on March 4, 2015
(80 FR 11573).
* * * * * * *
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Sec. 52.172 [Amended]
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3. Section 52.172 is amended by removing paragraphs (a), (b), and (c).
[FR Doc. 2018-16904 Filed 8-7-18; 8:45 am]
BILLING CODE 6560-50-P
