Air Plan Approval; Arkansas; Regional Haze Five-Year Progress Report State Implementation Plan, 51986-51988 [2019-20982]
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Federal Register / Vol. 84, No. 190 / Tuesday, October 1, 2019 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
b. Under ‘‘Reg 7–Standards of
Performance for New Affected
Facilities’’ by revising the entry for
‘‘7.12’’.
The revisions read as follows:
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Subpart (S)—Kentucky
2. In § 52.920, in paragraph (c), table
2 is amended:
■ a. Under ‘‘Reg 6–Standards of
Performance for Existing Affected
Facilities’’ by revising the entry for
‘‘6.13’’; and
■
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
§ 52.920
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Identification of plan.
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(c) * * *
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TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
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District
effective
date
Federal Register
notice
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Explanation
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Reg 6—Standards of Performance for Existing Affected Facilities
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6.13 ......
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Standard of Performance for Existing Storage
Vessels for Volatile Organic Compounds.
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7.12 ......
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Air Plan Approval; Arkansas; Regional
Haze Five-Year Progress Report State
Implementation Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a State Implementation
Plan (SIP) submitted by the Governor of
Arkansas through the Arkansas
Department of Environmental Quality
(ADEQ) on June 2, 2015. The SIP
submittal addresses requirements of the
federal regulations that direct the State
to submit a periodic report assessing
progress toward reasonable progress
goals (RPGs) established for regional
haze and a determination of the
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The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0426. 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 EPA Region 6 Office, 1201 Elm
Street, Dallas, TX 75270.
FOR FURTHER INFORMATION CONTACT:
James E. Grady, EPA Region 6 Office,
Regional Haze and SO2 Section, 1201
Elm Street, Suite 500, Dallas TX 72570,
214–665–6745; grady.james@epa.gov.
To inspect the hard copy materials,
please schedule an appointment with
Mr. Grady or Mr. Bill Deese at 214–665–
7253.
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SUPPLEMENTARY INFORMATION:
ADDRESSES:
[EPA–R06–OAR–2015–0426; FRL–9999–11–
Region 6]
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This rule is effective on October
31, 2019.
40 CFR Part 52
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[Insert Federal Register citation].
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
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adequacy of the existing
implementation plan.
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[FR Doc. 2019–20842 Filed 9–30–19; 8:45 am]
VerDate Sep<11>2014
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[Insert Federal Register citation Register].
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Reg 7—Standards of Performance for New Affected Facilities
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Standard of Performance for New Storage
Vessels of Volatile Organic Compounds.
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10/1/2019
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ each mean ‘‘the EPA.’’
I. Background
Each state is required to submit to the
EPA an implementation plan addressing
regional haze visibility impairment for
the first implementation period under
40 CFR 51.308. Under 40 CFR
51.308(g),1 each state is then required to
submit a progress report that evaluates
visibility progress toward the RPGs for
each Class I area within the state 2 and
1 To address the progress report requirements
under 40 CFR 51.308(g), the State provided: (1) A
description of the status of measures in the
approved regional haze implementation plan; (2) a
summary of emission reductions achieved; (3) an
assessment of visibility conditions for each Class I
area in the state (and for two Class I areas in
Missouri); (4) an analysis tracking the changes in
emissions from sources and activities within the
state; (5) an assessment of any significant changes
in anthropogenic emissions within or outside the
state that have limited or impeded progress in
reducing pollutant emissions and improving
visibility; (6) an assessment of whether the
approved regional haze SIP elements and strategies
are sufficient to enable the State (and other states
with Class I areas affected by emissions from the
state) to meet all established RPGs; and (7) a review
of the State’s visibility monitoring strategy.
2 Arkansas has two Class I areas within its borders
that are addressed in the progress report: Upper
Buffalo and Caney Creek Wilderness areas. Upper
Buffalo Wilderness area, located in Newton County,
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each Class I area outside the state 3
which may be affected by emissions
from within the state. In addition, 40
CFR 51.308(h) requires states to submit,
at the same time as the progress report,
a determination of adequacy of the
existing regional haze implementation
plan.4 The progress report for the first
planning period is due five years after
submittal of the initial regional haze SIP
and must take the form of a SIP revision.
Arkansas submitted its regional haze
SIP for the first implementation period
on September 9, 2008,5 and the EPA
partially approved and partially
disapproved portions of it on March 12,
2012.6 On June 2, 2015, Arkansas
submitted its progress report regarding
the initial 2008 regional haze SIP to the
EPA in the form of a SIP revision under
40 CFR 51.308. The EPA promulgated a
FIP (the Arkansas Regional Haze FIP) on
September 27, 2016 to address the
disapproved portions of the 2008
Arkansas Regional Haze SIP and then
approved successive SIP revisions (the
2017 Arkansas Regional Haze NOX SIP
revision and the 2018 Arkansas
Regional Haze SO2 and PM SIP
Arkansas, is an oak-hickory forest with intermittent
portions of shortleaf pine located in the Ozark
National Forest and offers 12,108 acres of boulder
strewn and rugged scenery along the Buffalo River.
Caney Creek Wilderness is located in Polk County,
Arkansas, and covers 14,460 acres on the southern
edge of the Ouachita National Forest and protects
a rugged portion of the Ouachita Mountains.
3 Two Class I areas outside Arkansas’ borders at
Hercules Glades and Mingo Wilderness areas in
Missouri were found to be impacted by emissions
from within Arkansas.
4 The Regional Haze Rule requires states to
provide in the progress report an assessment of
whether the current ‘‘implementation plan’’ is
sufficient to enable the states to meet all established
RPGs under 40 CFR 51.308(g). The term
‘‘implementation plan’’ is defined for purposes of
the Regional Haze Rule to mean any SIP, FIP, or
Tribal Implementation Plan. As such, the Agency
may consider measures in any issued FIP as well
as those in a state’s regional haze plan in assessing
the adequacy of the ‘‘existing implementation plan’’
under 40 CFR 51.308(g) and (h).
5 In addition to the initial September 2008
submittal, the State submitted a SIP revision on
August 3, 2010, with mostly non-substantive
changes that addressed Arkansas Pollution Control
and Ecology Commission (APCEC) Regulation 19
Chapter 15. On September 27, 2011, the State
submitted supplemental information to address the
regional haze requirements. The EPA collectively
refers to the original 2008 submittal and these
revisions together as the 2008 Arkansas Regional
Haze SIP.
6 See the final action on March 12, 2012 (77 FR
14604).
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revision) 7 that replaced a portion of
those FIP elements.8
On March 28, 2019, we published a
notice of proposed rulemaking (NPRM)
proposing to approve Arkansas’ regional
haze five-year progress report SIP,
submitted by ADEQ on June 2, 2015.9 In
that document we proposed to approve
Arkansas’ regional haze progress report
SIP since it meets the applicable
regional haze requirements set forth in
40 CFR 51.308(g) and meeting the
determination of adequacy provision
under 40 CFR 51.308(h) for the first
implementation period. We also
proposed to find that the State of
Arkansas fulfilled its requirement in 40
CFR 51.308(i) regarding state
coordination with Federal Land
Managers (FLMs). The published
proposal provides a detailed description
of Arkansas’ progress report SIP
submittal and the rationale for our
proposed approval of it.
The public comment period for the
proposal closed on April 29, 2019. We
received two public comments
concerning our proposed action. The
comments are included in the publicly
posted docket associated with this
action at https://www.regulations.gov.
We received an anonymous comment
regarding the Mercury and Air Toxics
Standards which is outside the scope of
this action. We also received a comment
letter dated April 29, 2019, from the
Arkansas Affordable Energy Coalition
(AAEC) regarding our proposal. The
AAEC expressed general support for the
proposed approval but also submitted a
copy of the comments it previously
submitted on December 31, 2018 on our
proposed approval action on the August
8, 2018 Arkansas Regional Haze SO2
and PM SIP revision (located in Docket
No. EPA–R06–OAR–2015–0189). We
have responded to those submitted
comments as part of our final action on
that SIP revision.10 Our detailed
responses can be found in the responseto-comment (RTC) documents for the
Arkansas Regional Haze SO2 and PM
SIP Revision.11 After careful
7 See final action approving the Arkansas
Regional Haze NOX SIP revision on February 12,
2018 (83 FR 5927). The EPA’s final action
approving the Arkansas Regional Haze SO2 and PM
SIP revision was signed by the Regional
Administrator on August 28, 2019 and has yet to
be published.
8 The remaining part of the FIP which addresses
the BART and associated long-term strategy
requirements for Domtar will be addressed in a
future SIP action.
9 See 84 FR 11697.
10 The EPA’s final action approving the Arkansas
Regional Haze SO2 and PM SIP revision was signed
by the Regional Administrator on August 28, 2019.
11 See ‘‘Arkansas Regional Haze Phase II SIP
Revision Response to Comments,’’ in Docket ID
EPA–R06–OAR–2015–0189.
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51987
consideration, we have determined that
the comments received do not raise any
issues specific to the progress report.
We are approving the Arkansas regional
haze progress report SIP submittal, as
proposed.
II. Final Action
We are approving Arkansas’ regional
haze progress report SIP revision
(submitted on June 2, 2015) since we
have found that it meets the applicable
regional haze requirements set forth in
40 CFR 51.308(g) and the determination
of adequacy provision under 40 CFR
51.308(h). We also find that the State of
Arkansas fulfilled its requirement in 40
CFR 51.308(i) regarding state
coordination with Federal Land
Managers (FLMs). This action is being
taken under section 110 of the Act.
III. 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 a state’s determination
that their current regional haze plan is
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
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 2, 2019. 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, Best Available
Retrofit Technology, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Regional haze, Sulfur
dioxide, Visibility, Volatile organic
compounds.
Dated: September 23, 2019.
Kenley McQueen,
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 paragraph (e), the third
table titled ‘‘EPA-Approved NonRegulatory Provisions and QuasiRegulatory Measures in the Arkansas
SIP’’ is amended by adding a new entry
‘‘Arkansas SIP Review for the Five-Year
Regional Haze Progress Report’’ at the
end of the table to read as follows:
■
§ 52.170
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Identification of plan.
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(e) * * *
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EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Applicable
geographic or
nonattainment area
Name of SIP provision
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Arkansas SIP Review for the Five-Year Regional Haze Progress Report.
ACTION:
[FR Doc. 2019–20982 Filed 9–30–19; 8:45 am]
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AGENCY
40 CFR Part 52
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[EPA–R03–OAR–2017–0681; FRL–10000–
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Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Attainment Plan for the
Beaver, Pennsylvania Nonattainment
Area for the 2010 Sulfur Dioxide
Primary National Ambient Air Quality
Standard
Environmental Protection
Agency (EPA).
AGENCY:
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Statewide ..................
State submittal/
effective date
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June 2, 2015 ............ October 1, 2019, [Insert Federal
Register citation].
Final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision is an
attainment plan for the purpose of
providing for attainment of the 2010
sulfur dioxide (SO2) primary national
ambient air quality standard (NAAQS)
in the Beaver County, Pennsylvania SO2
nonattainment area (hereafter referred to
as the ‘‘Beaver Area’’ or ‘‘Area’’). The
attainment plan includes the base year
emissions inventory, an analysis of the
reasonably available control technology
(RACT) and reasonably available control
measure (RACM) requirements, a
reasonable further progress (RFP) plan,
a modeling demonstration of SO2
attainment, enforceable emission
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Explanation
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limitations and control measures,
contingency measures for the Beaver
Area, and Pennsylvania’s new source
review (NSR) permitting program. As
part of approving the attainment plan,
EPA is approving into the Pennsylvania
SIP new SO2 emission limits and
associated compliance parameters for
the FirstEnergy Generation, LLC
(FirstEnergy) Bruce Mansfield Power
Station (Bruce Mansfield) and a consent
order with Jewel Acquisition Midland
steel plant (Jewel Facility). EPA is
approving these revisions that
demonstrate attainment of the SO2
NAAQS in the Beaver Area in
accordance with the requirements of the
Clean Air Act (CAA).
This final rule is effective on
October 31, 2019.
DATES:
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]]>Agencies
[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51986-51988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20982]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2015-0426; FRL-9999-11-Region 6]
Air Plan Approval; Arkansas; Regional Haze Five-Year Progress
Report State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 a State
Implementation Plan (SIP) submitted by the Governor of Arkansas through
the Arkansas Department of Environmental Quality (ADEQ) on June 2,
2015. The SIP submittal addresses requirements of the federal
regulations that direct the State to submit a periodic report assessing
progress toward reasonable progress goals (RPGs) established for
regional haze and a determination of the adequacy of the existing
implementation plan.
DATES: This rule is effective on October 31, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2015-0426. 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 EPA Region 6 Office, 1201 Elm Street, Dallas, TX 75270.
FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office,
Regional Haze and SO2 Section, 1201 Elm Street, Suite 500,
Dallas TX 72570, 214-665-6745; [email protected]. To inspect the hard
copy materials, please schedule an appointment with Mr. Grady or Mr.
Bill Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' each mean ``the EPA.''
I. Background
Each state is required to submit to the EPA an implementation plan
addressing regional haze visibility impairment for the first
implementation period under 40 CFR 51.308. Under 40 CFR 51.308(g),\1\
each state is then required to submit a progress report that evaluates
visibility progress toward the RPGs for each Class I area within the
state \2\ and
[[Page 51987]]
each Class I area outside the state \3\ which may be affected by
emissions from within the state. In addition, 40 CFR 51.308(h) requires
states to submit, at the same time as the progress report, a
determination of adequacy of the existing regional haze implementation
plan.\4\ The progress report for the first planning period is due five
years after submittal of the initial regional haze SIP and must take
the form of a SIP revision. Arkansas submitted its regional haze SIP
for the first implementation period on September 9, 2008,\5\ and the
EPA partially approved and partially disapproved portions of it on
March 12, 2012.\6\ On June 2, 2015, Arkansas submitted its progress
report regarding the initial 2008 regional haze SIP to the EPA in the
form of a SIP revision under 40 CFR 51.308. The EPA promulgated a FIP
(the Arkansas Regional Haze FIP) on September 27, 2016 to address the
disapproved portions of the 2008 Arkansas Regional Haze SIP and then
approved successive SIP revisions (the 2017 Arkansas Regional Haze
NOX SIP revision and the 2018 Arkansas Regional Haze
SO2 and PM SIP revision) \7\ that replaced a portion of
those FIP elements.\8\
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\1\ To address the progress report requirements under 40 CFR
51.308(g), the State provided: (1) A description of the status of
measures in the approved regional haze implementation plan; (2) a
summary of emission reductions achieved; (3) an assessment of
visibility conditions for each Class I area in the state (and for
two Class I areas in Missouri); (4) an analysis tracking the changes
in emissions from sources and activities within the state; (5) an
assessment of any significant changes in anthropogenic emissions
within or outside the state that have limited or impeded progress in
reducing pollutant emissions and improving visibility; (6) an
assessment of whether the approved regional haze SIP elements and
strategies are sufficient to enable the State (and other states with
Class I areas affected by emissions from the state) to meet all
established RPGs; and (7) a review of the State's visibility
monitoring strategy.
\2\ Arkansas has two Class I areas within its borders that are
addressed in the progress report: Upper Buffalo and Caney Creek
Wilderness areas. Upper Buffalo Wilderness area, located in Newton
County, Arkansas, is an oak-hickory forest with intermittent
portions of shortleaf pine located in the Ozark National Forest and
offers 12,108 acres of boulder strewn and rugged scenery along the
Buffalo River. Caney Creek Wilderness is located in Polk County,
Arkansas, and covers 14,460 acres on the southern edge of the
Ouachita National Forest and protects a rugged portion of the
Ouachita Mountains.
\3\ Two Class I areas outside Arkansas' borders at Hercules
Glades and Mingo Wilderness areas in Missouri were found to be
impacted by emissions from within Arkansas.
\4\ The Regional Haze Rule requires states to provide in the
progress report an assessment of whether the current
``implementation plan'' is sufficient to enable the states to meet
all established RPGs under 40 CFR 51.308(g). The term
``implementation plan'' is defined for purposes of the Regional Haze
Rule to mean any SIP, FIP, or Tribal Implementation Plan. As such,
the Agency may consider measures in any issued FIP as well as those
in a state's regional haze plan in assessing the adequacy of the
``existing implementation plan'' under 40 CFR 51.308(g) and (h).
\5\ In addition to the initial September 2008 submittal, the
State submitted a SIP revision on August 3, 2010, with mostly non-
substantive changes that addressed Arkansas Pollution Control and
Ecology Commission (APCEC) Regulation 19 Chapter 15. On September
27, 2011, the State submitted supplemental information to address
the regional haze requirements. The EPA collectively refers to the
original 2008 submittal and these revisions together as the 2008
Arkansas Regional Haze SIP.
\6\ See the final action on March 12, 2012 (77 FR 14604).
\7\ See final action approving the Arkansas Regional Haze
NOX SIP revision on February 12, 2018 (83 FR 5927). The
EPA's final action approving the Arkansas Regional Haze
SO2 and PM SIP revision was signed by the Regional
Administrator on August 28, 2019 and has yet to be published.
\8\ The remaining part of the FIP which addresses the BART and
associated long-term strategy requirements for Domtar will be
addressed in a future SIP action.
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On March 28, 2019, we published a notice of proposed rulemaking
(NPRM) proposing to approve Arkansas' regional haze five-year progress
report SIP, submitted by ADEQ on June 2, 2015.\9\ In that document we
proposed to approve Arkansas' regional haze progress report SIP since
it meets the applicable regional haze requirements set forth in 40 CFR
51.308(g) and meeting the determination of adequacy provision under 40
CFR 51.308(h) for the first implementation period. We also proposed to
find that the State of Arkansas fulfilled its requirement in 40 CFR
51.308(i) regarding state coordination with Federal Land Managers
(FLMs). The published proposal provides a detailed description of
Arkansas' progress report SIP submittal and the rationale for our
proposed approval of it.
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\9\ See 84 FR 11697.
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The public comment period for the proposal closed on April 29,
2019. We received two public comments concerning our proposed action.
The comments are included in the publicly posted docket associated with
this action at https://www.regulations.gov. We received an anonymous
comment regarding the Mercury and Air Toxics Standards which is outside
the scope of this action. We also received a comment letter dated April
29, 2019, from the Arkansas Affordable Energy Coalition (AAEC)
regarding our proposal. The AAEC expressed general support for the
proposed approval but also submitted a copy of the comments it
previously submitted on December 31, 2018 on our proposed approval
action on the August 8, 2018 Arkansas Regional Haze SO2 and
PM SIP revision (located in Docket No. EPA-R06-OAR-2015-0189). We have
responded to those submitted comments as part of our final action on
that SIP revision.\10\ Our detailed responses can be found in the
response-to-comment (RTC) documents for the Arkansas Regional Haze
SO2 and PM SIP Revision.\11\ After careful consideration, we
have determined that the comments received do not raise any issues
specific to the progress report. We are approving the Arkansas regional
haze progress report SIP submittal, as proposed.
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\10\ The EPA's final action approving the Arkansas Regional Haze
SO2 and PM SIP revision was signed by the Regional
Administrator on August 28, 2019.
\11\ See ``Arkansas Regional Haze Phase II SIP Revision Response
to Comments,'' in Docket ID EPA-R06-OAR-2015-0189.
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II. Final Action
We are approving Arkansas' regional haze progress report SIP
revision (submitted on June 2, 2015) since we have found that it meets
the applicable regional haze requirements set forth in 40 CFR 51.308(g)
and the determination of adequacy provision under 40 CFR 51.308(h). We
also find that the State of Arkansas fulfilled its requirement in 40
CFR 51.308(i) regarding state coordination with Federal Land Managers
(FLMs). This action is being taken under section 110 of the Act.
III. 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 a state's determination that their current
regional haze plan is 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
[[Page 51988]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 2, 2019. 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, Best Available
Retrofit Technology, Incorporation by reference, Intergovernmental
relations, Nitrogen oxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility,
Volatile organic compounds.
Dated: September 23, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. In Sec. 52.170 paragraph (e), the third table titled ``EPA-Approved
Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas
SIP'' is amended by adding a new entry ``Arkansas SIP Review for the
Five-Year Regional Haze Progress Report'' at the end of the table to
read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Arkansas SIP Review for the Five- Statewide.......... June 2, 2015....... October 1, 2019,
Year Regional Haze Progress [Insert Federal
Report. Register citation].
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[FR Doc. 2019-20982 Filed 9-30-19; 8:45 am]
BILLING CODE 6560-50-P
