Air Plan Approval; Arkansas; Infrastructure for the 2015 Ozone National Ambient Air Quality Standards, 9290-9294 [2021-02760]
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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations
(iii) Is otherwise unable, through
physical disability, to hold or
manipulate a book or to focus or move
the eyes to the extent that would be
normally acceptable for reading.
(2) Eligibility must be certified by one
of the following: doctor of medicine,
doctor of osteopathy, ophthalmologist,
optometrist, psychologist, registered
nurse, therapist, and professional staff
of hospitals, institutions, and public or
welfare agencies (such as an educator, a
social worker, case worker, counselor,
rehabilitation teacher, certified reading
specialist, school psychologist,
superintendent, or librarian).
(c) Application. Individuals seeking to
receive service from NLS shall submit a
fully and properly completed
application form, available on NLS’s
website and from network libraries.
Eligible persons whose applications for
NLS service are approved are referred to
in this section as ‘‘NLS patrons.’’
(d) Lending preference. In the lending
of items under paragraph (a) of this
section, the Librarian shall at all times
give preference to:
(1) The needs of the blind and
visually disabled; and
(2) The needs of eligible persons who
have been honorably discharged from
the Armed Forces of the United States.
(e) Loans to institutions. NLS’s
accessible reading materials and devices
may be loaned to institutions such as
nursing homes and hospitals; to schools
for the blind and print-disabled; and to
public or private schools. However,
these materials and devices may only be
used by eligible persons.
(f) Loans through network libraries.
Libraries designated by the Librarian of
Congress serve as state, local or regional
centers for the direct loan of accessible
reading materials and the loan and
repair of devices to NLS patrons in
specific geographic areas. These
network libraries also publicize the
program to NLS patrons and prospective
patrons and process applications for
service.
(g) Loans of musical materials. NLS
maintains a special collection of
accessible musical scores, instructional
texts, and other specialized materials for
patrons in furthering their educational,
vocational, and cultural opportunities in
the field of music. These materials are
not housed in network libraries but are
loaned directly by NLS to patrons.
(h) International service. The
Librarian of Congress is authorized by
Public Law 116–94, Title XIV, the
Library of Congress Technical
Corrections Act of 2019, to provide
literary works published in raised
characters, on sound-reproduction
recordings, or in any other accessible
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format, and musical scores,
instructional texts, and other
specialized materials used in furthering
educational, vocational, and cultural
opportunities in the field of music
published in any accessible format, to
authorized entities located in a country
that is a party to the Marrakesh Treaty,
if any such items are delivered to
authorized entities through online, not
physical, means. This authorization is
codified at 2 U.S.C. 135a. In
implementing this authority, the
Librarian shall comply with section
121A of title 17, United States Code,
and shall contractually require that the
recipient authorized entity likewise
administer all materials received from
NLS in compliance with section 121A of
title 17.
(i) Contact information. For more
information, contact the Director,
National Library Service for the Blind
and Print Disabled, Library of Congress,
Washington, DC 20542, or visit the NLS
website at https://www.loc.gov/nls.
Dated: February 8, 2021.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–02837 Filed 2–11–21; 8:45 am]
BILLING CODE 1410–30–P
with requirements for the 2015 O3
NAAQS.
This rule is effective on March
15, 2021.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2019–0616. 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Robert M. Todd, EPA Region 6 Office,
Infrastructure & Ozone Section, 214–
665–2156, todd.robert@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office may be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
ENVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
40 CFR Part 52
I. Background
[EPA–R06–OAR–2019–0616; FRL–10018–
28–Region 6]
The background for this action is
discussed in detail in our June 30, 2020,
proposal (85 FR 39128). In that
document we proposed to approve
elements of a SIP submission from the
State of Arkansas for the 2015 O3
NAAQS. Specifically, we proposed to
approve the Arkansas i-SIP submission
because it demonstrates compliance
with CAA sections 110(a)(1) and
110(a)(2)(A) through (C) and (E) through
(M), as applicable. We also proposed
that Arkansas’ i-SIP submission
demonstrates compliance with CAA
section 110(a)(2)(D)(i)(II), Interference
with Prevention of Significant
Deterioration (often referred to as prong
3) and CAA section 110(a)(2)(D)(ii),
Interstate Pollution Abatement (which
refers to CAA section 126) and
International Air Pollution (which refers
to CAA section 115). EPA intends to
address the remaining portions of the
October 4, 2019, infrastructure SIP
submission, addressing CAA section
110(a)(2)(D)(i)(I), often referred to as
interstate transport prongs 1 and 2, and
CAA section 110(a)(2)(D)(i)(II), often
referred to as interstate transport prong
Air Plan Approval; Arkansas;
Infrastructure for the 2015 Ozone
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)
is approving elements of a State
Implementation Plan (SIP) submission
from the State of Arkansas (State) for the
2015 Ozone (O3) National Ambient Air
Quality Standards (NAAQS). The State’s
submission addresses structural SIP
requirements for implementation,
maintenance, and enforcement of the
2015 O3 NAAQS (infrastructure SIP or
i-SIP). The i-SIP ensures that the
Arkansas SIP is adequate to meet the
State’s responsibilities under the CAA
for this NAAQS. We are also approving
changes to certain existing State
regulations to make them consistent
SUMMARY:
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4, in separate actions.1 We also
proposed to approve changes to the
State’s Regulation 19 definition of
‘‘National Ambient Air Quality
Standards’’ and Appendix B of the
Regulation 19 to be consistent with the
2015 O3 NAAQS. We received
comments on the proposed approval
from one commenter (‘‘Commenter’’).
The comments are posted and available
through the regulations.gov website
(Docket EPA–R06–OAR–2019–0616).
The comments and our responses
follow.
II. Response to Comments
Comment: The commenter states that
EPA should not approve the state’s
infrastructure SIP submission because it
is ‘‘inconsistent with federal laws.’’
Response: EPA disagrees with this
comment. The commenter does not
identify the specific requirements that
the state has not met, nor do they
explain the basis for this concern. As
explained in the proposal for this
action, and in this final action, EPA has
evaluated the state’s infrastructure SIP
submission for compliance with the
statutory requirements of CAA section
110(a)(1) and (2), as applicable, and in
light of the agency’s 2013 guidance for
infrastructure SIP submissions.2 This is
the federal law and guidance that is
relevant in the context of a state’s
infrastructure SIP submission. The
agency has concluded in this action that
the state has met the infrastructure SIP
requirements for the 2015 O3 NAAQS.
Comment: The commenter asserts that
EPA must make sure the State is
implementing its SIP.
Response: In acting on infrastructure
SIP submissions, EPA is required to
evaluate the submitting state’s SIP for
compliance with statutory and
regulatory structural SIP requirements,
not for the state’s implementation of its
SIP. See Montana Envtl. Info. Ctr. v.
Thomas, 902 F.3d 971 (9th Cir. 2018).
To the extent there were any concerns
with respect to the state’s
implementation of the 2015 O3 NAAQS,
EPA has other authorities to address
such concerns. For example, the CAA
provides the EPA the authorities to
issue a SIP call, under section 110(k)(5)
to correct SIP inadequacies; to make a
finding of failure to implement and
impose appropriate sanctions against
1 Earlier this year we proposed to approve the
Arkansas submittal for interstate transport prong 4
(visibility protection). See 85 FR 14847 (March 16,
2020).
2 ‘‘Guidance on Infrastructure State
Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),’’
Memorandum from Stephen D. Page, September 13,
2013.
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the state, under sections 110(m) and
179(a)(4) of the Act, if the EPA finds the
state fails to implement any requirement
of an approved SIP; and to take
measures to address specific permit
deficiencies pursuant to the EPA’s caseby-case permitting oversight and
enforcement authorities under sections
165(a)(2) and 167 of the Act. The
appropriateness of employing these
authorities depends on the nature and
extent of the implementation problems
at issue.
Also, the commenter did not provide
an example of which part of the SIP the
ADEQ is not currently implementing.
As discussed in our proposal, ADEQ
maintains an adequate monitoring
program, has a permitting program,
adopts rules as necessary, conducts
inspections, investigations and takes
enforcement actions when appropriate.
EPA performs oversight of the air
program through the annual air
monitoring network plan review,
midyear and end of year reviews on the
Section 103 and 105 grants programs,
and enforcement framework reviews of
the state’s enforcement programs. EPA
also maintains on-going
communications with the state,
providing input on implementation
issues, and sharing guidance and
information through regular conference
calls. A lack of adequate funding for the
ADEQ’s operation would impact
implementation of programs we
regularly discuss and review with the
state. Such concerns have not been
noted by the EPA.
Comment: The commenter questioned
EPA’s approval of the infrastructure SIP
because EPA must review ‘‘the
finances’’ of the state agency
implementing the SIP to ‘‘ensure the
financial health of the agency.’’
Response: EPA agrees that in order to
address the requirements of section
110(a)(2)(E)(i), states must establish that
they have adequate funding to
implement their SIP. Accordingly, EPA
did evaluate this element. In its
infrastructure SIP submission, the state
indicated it has met the requirements of
the CAA. Section 110(a)(2)(E) requires
that the state provide for adequate
personnel, funding, and legal authority
to carry out its SIP. Ark. Code Ann. § 8–
1–103(1)(A), § 8–1–103(3) and § 8–1–
103(5) grants ADEQ the authority to
establish, and collect fees for issuance,
annual review, and modification of air
permits. Regulation No. 9, Fee
Regulation, Chapter 5, contains the air
permit fees applicable to non-part 70
permits, part 70 permits, and general
permits. Ark. Code Ann. § 8–1–
202(b)(2)(D) states that the Director of
ADEQ’s duties include the day-to-day
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9291
administration of all activities that the
Department is empowered to perform by
law, including, but not limited to, the
employment and supervision of such
technical, legal, and administrative staff,
within approved appropriations, as is
necessary to carry out the
responsibilities vested with ADEQ.
Moreover, the State receives federal
grants under CAA sections 103 and 105
to assist it in carrying out the SIP.
Section 103 funding supports specific,
non-recurring projects within the air
program and thus, the amount of
funding can vary widely from year to
year. Section 105 supports the
foundation of the State’s air quality
program, including the air monitoring
network and annual air quality program
activities. Section 105 funding levels are
relatively consistent, varying not more
than about 10% from year to year.
Section 105 funds require a 40% match
from the State, while section 103 funds
do not require a match. During the
upcoming fiscal year (FY2021), ADEQ
will receive $1,139,737 in section 105
grant funding. For FY2020/2021 ADEQ
will receive $1,137,068 in section 103
grant funding. This federal funding
supplements the state’s air program
implementation funding mechanisms.
As explained in the proposal, EPA has
concluded that ADEQ has adequate
personnel, funding, and authority
through these provisions in order to
carry out the state’s implementation
plan.
Comment: The commenter supported
concerns about the adequacy of the
State agency’s funding with statements
attributed to the State’s Governor.
Response: The commenter did not
provide enough information for the EPA
to be able to verify the quote or its
context. The EPA of course agrees with
the statements attributed to the
Governor that state agencies need
adequate funding to protect public
health and the environment. Regardless,
even taken at face value the EPA does
not believe that the statement
establishes that the State in fact has
inadequate resources for the purposes of
implementing the State’s SIP. As
previously explained, the EPA has
considered the resources of the State as
established in the infrastructure SIP
submission and considers them
adequate at this time.
Comment: The commenter further
asserted that the EPA should disapprove
the State’s infrastructure SIP for the
2015 O3 NAAQS based on concerns
about the impacts that the COVID–19
pandemic will have on the State’s
finances and staff for implementing the
SIP.
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Response: The EPA acknowledges the
commenter’s concern that the ongoing
COVID–19 pandemic may have negative
impacts on the State maintaining
adequate resources to meet its SIP
obligations. As discussed above, EPA
has concluded that Arkansas has
provided assurances in the
infrastructure SIP submission for the
2015 O3 NAAQS that it has adequate
personnel and funding to carry out its
SIP obligations at this time. For these
reasons, EPA does not agree that it must
disapprove the infrastructure SIP
submission. If the adequacy of
Arkansas’ resources to carry out its SIP
is substantially affected in the future,
EPA has the statutory authority to
address this issue through means other
than disapproving the infrastructure SIP
submission at this time.
III. Final Action
We are approving portions of the
October 25, 2018, Arkansas i–SIP
submittal for the 2015 O3 NAAQS as
detailed in Table 1 of this final action.
The agency will take action on those
portions of the submission addressing
CAA section 110(a)(2)(D)(i)(I), prongs 1
and 2, Significant Contribution to
Nonattainment and Interference with
Maintenance in other states, and CAA
section 110(a)(2)(D)(i)(II), prong 4,
Interference with Visibility Protection in
other states in separate, future actions.
TABLE 1—FINAL ACTION ON ARKANSAS INFRASTRUCTURE AND TRANSPORT SIP SUBMITTALS FOR THE 2015 OZONE
NAAQS
Element
Proposed
action
(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 .................................................................................................
(D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (prongs 1 and 2) .............................................................
(D)(i)(II): PSD (prong 3) ...........................................................................................................................................................................
(D)(i)(II): Visibility Protection (prong 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
A
A
A
A
SA
A
SA
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table 1:
A: Approved,
+: Not germane to infrastructure SIPs.
SA: EPA is acting on this infrastructure requirement in a separate rulemaking action.
Based upon our review of the State’s
infrastructure SIP submission for the
2015 O3 NAAQS and relevant statutory
and regulatory authorities and
provisions referenced in this submission
or referenced in the EPA-approved
Arkansas SIP, EPA finds that the state
has established that it has met the
infrastructure SIP requirements of CAA
sections 110(a)(1) and (2), as applicable,
except as noted in Table 1 of this final
action.
We are also approving the submitted
changes to the state’s Regulation 19
Definitions and Appendix B that
reference the 2015 O3 NAAQS.
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
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by reference of a revision to Regulation
19, Chapter 2, Definitions and Appendix
B, Regulations of the Arkansas Plan of
Implementation for Air Pollution
control. 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 the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the SIP, have been incorporated by
reference by the 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 the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.
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V. 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,
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, 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 13, 2021.
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, Ozone.
Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 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. Amend § 52.170 by:
a. In paragraph (c) in the table titled
‘‘EPA-Approved Regulations in the
Arkansas SIP’’:
■ i. Revising the entry for Regulation 19,
Chapter 2 (Definitions) and
■ ii. Revising the entry for Regulation
19, Appendix B (National Ambient Air
Quality Standards List).
■ b. In paragraph (e), in the table titled
‘‘EPA-Approved Non-regulatory
Provisions and Quasi-Regulatory
Measures in the Arkansas SIP’’ adding
an entry at the end for ‘‘Infrastructure
for the 2015 O3 NAAQS’’.
The revisions and additions read as
follows:
■
■
§ 52.170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State citation
State
approval/
submittal date
Title/subject
EPA approval date
Explanation
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
*
*
*
*
*
*
*
*
*
*
*
Chapter 2: Definitions
Chapter 2 ...........................
*
Definitions .........................
*
*
9/27/2019
2/12/2021, [Insert Federal
Register citation].
*
*
Appendix B: National Ambient Air Quality Standards List
Appendix B ........................
*
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National Ambient Air Quality Standards List.
*
17:18 Feb 11, 2021
*
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9/27/2019
2/12/2021, [Insert Federal
Register citation].
*
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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued
State citation
*
State
approval/
submittal date
Title/subject
*
*
EPA approval date
*
Explanation
*
*
*
(e) * * *
EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
Control measures
Applicable geographic or
nonattainment area
*
Infrastructure for the 2015
O3 NAAQS.
*
*
Statewide ..........................
[FR Doc. 2021–02760 Filed 2–11–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Explanation
*
2/12/2021, [Insert Federal
Register citation].
*
*
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).
Washington, and Waukesha). EPA
proposed to approve this action on
September 25, 2020 and received no
comments.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
This final rule is effective on
March 15, 2021.
I. Background Information
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0700. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone
Kathleen Mullen, Environmental
Engineer, at (312) 353–3490, before
visiting the Region 5 office.
ADDRESSES:
[EPA–R05–OAR–2019–0700; FRL–10018–
39–Region 5]
Air Plan Approval; Wisconsin; VOC
RACT Requirements for Lithographic
Printing Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Wisconsin Department
of Natural Resources (WDNR or
Wisconsin) on December 13, 2019.
Wisconsin requests that EPA approve
rules related to control of volatile
organic compound (VOC) emissions
from offset lithographic printing
operations into Wisconsin’s SIP. These
revisions include amendments to the
Wisconsin Administrative Code (WAC),
Chapter NR 422. These revisions are
approvable because they are consistent
with the latest Control Techniques
Guideline (CTG) for Offset Lithographic
Printing and Letterpress Printing,
published by EPA in 2006, and such
revisions clarify and streamline the VOC
reasonably available control technology
(RACT) requirements for lithographic
printing facilities located in nine
counties in Wisconsin (Kenosha,
Kewaunee, Manitowoc, Milwaukee,
Ozaukee, Racine, Sheboygan,
SUMMARY:
16:41 Feb 11, 2021
*
9/27/2019
EPA approval date
DATES:
40 CFR Part 52
VerDate Sep<11>2014
State
submittal/
effective date
Jkt 253001
FOR FURTHER INFORMATION CONTACT:
Kathleen Mullen, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–3490,
Mullen.Kathleen@epa.gov.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
On September 25, 2020, EPA
proposed to approve revisions to
Wisconsin’s VOC RACT rules for
lithographic printing facilities contained
in the Wisconsin Administrative Code
Chapter NR 422, Sections NR 422.02,
422.142, and 422.143 (85 FR 60413). An
explanation of the Clean Air Act
requirements, a detailed analysis of the
revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking and
will not be restated here. The public
comment period for this proposed rule
ended on October 26, 2020. EPA
received no comments on the proposal.
II. Final Action
EPA is approving revisions to the
Wisconsin SIP rules relating to the
control of VOC emissions from offset
lithographic printing operations (WI
Admin Code NR 422.02, 422.142,
422.143) submitted on December 13,
2019. These rules are approvable
because they are consistent with the
latest CTG for Offset Lithographic
Printing and Letterpress Printing issued
by EPA in 2006, clarify the existing state
VOC RACT requirements for
lithographic printing operations located
in nine counties in Wisconsin, and
streamline the implementation of these
state rules.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
E:\FR\FM\12FER1.SGM
12FER1
]]>Agencies
[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9290-9294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02760]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0616; FRL-10018-28-Region 6]
Air Plan Approval; Arkansas; Infrastructure for the 2015 Ozone
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 elements of a State
Implementation Plan (SIP) submission from the State of Arkansas (State)
for the 2015 Ozone (O3) National Ambient Air Quality
Standards (NAAQS). The State's submission addresses structural SIP
requirements for implementation, maintenance, and enforcement of the
2015 O3 NAAQS (infrastructure SIP or i-SIP). The i-SIP
ensures that the Arkansas SIP is adequate to meet the State's
responsibilities under the CAA for this NAAQS. We are also approving
changes to certain existing State regulations to make them consistent
with requirements for the 2015 O3 NAAQS.
DATES: This rule is effective on March 15, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0616. 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. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Robert M. Todd, EPA Region 6 Office,
Infrastructure & Ozone Section, 214-665-2156, [email protected]. Out
of an abundance of caution for members of the public and our staff, the
EPA Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed above if
you need alternative access to material indexed but not provided in the
docket.
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 June
30, 2020, proposal (85 FR 39128). In that document we proposed to
approve elements of a SIP submission from the State of Arkansas for the
2015 O3 NAAQS. Specifically, we proposed to approve the
Arkansas i-SIP submission because it demonstrates compliance with CAA
sections 110(a)(1) and 110(a)(2)(A) through (C) and (E) through (M), as
applicable. We also proposed that Arkansas' i-SIP submission
demonstrates compliance with CAA section 110(a)(2)(D)(i)(II),
Interference with Prevention of Significant Deterioration (often
referred to as prong 3) and CAA section 110(a)(2)(D)(ii), Interstate
Pollution Abatement (which refers to CAA section 126) and International
Air Pollution (which refers to CAA section 115). EPA intends to address
the remaining portions of the October 4, 2019, infrastructure SIP
submission, addressing CAA section 110(a)(2)(D)(i)(I), often referred
to as interstate transport prongs 1 and 2, and CAA section
110(a)(2)(D)(i)(II), often referred to as interstate transport prong
[[Page 9291]]
4, in separate actions.\1\ We also proposed to approve changes to the
State's Regulation 19 definition of ``National Ambient Air Quality
Standards'' and Appendix B of the Regulation 19 to be consistent with
the 2015 O3 NAAQS. We received comments on the proposed
approval from one commenter (``Commenter''). The comments are posted
and available through the regulations.gov website (Docket EPA-R06-OAR-
2019-0616). The comments and our responses follow.
---------------------------------------------------------------------------
\1\ Earlier this year we proposed to approve the Arkansas
submittal for interstate transport prong 4 (visibility protection).
See 85 FR 14847 (March 16, 2020).
---------------------------------------------------------------------------
II. Response to Comments
Comment: The commenter states that EPA should not approve the
state's infrastructure SIP submission because it is ``inconsistent with
federal laws.''
Response: EPA disagrees with this comment. The commenter does not
identify the specific requirements that the state has not met, nor do
they explain the basis for this concern. As explained in the proposal
for this action, and in this final action, EPA has evaluated the
state's infrastructure SIP submission for compliance with the statutory
requirements of CAA section 110(a)(1) and (2), as applicable, and in
light of the agency's 2013 guidance for infrastructure SIP
submissions.\2\ This is the federal law and guidance that is relevant
in the context of a state's infrastructure SIP submission. The agency
has concluded in this action that the state has met the infrastructure
SIP requirements for the 2015 O3 NAAQS.
---------------------------------------------------------------------------
\2\ ``Guidance on Infrastructure State Implementation Plan (SIP)
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),''
Memorandum from Stephen D. Page, September 13, 2013.
---------------------------------------------------------------------------
Comment: The commenter asserts that EPA must make sure the State is
implementing its SIP.
Response: In acting on infrastructure SIP submissions, EPA is
required to evaluate the submitting state's SIP for compliance with
statutory and regulatory structural SIP requirements, not for the
state's implementation of its SIP. See Montana Envtl. Info. Ctr. v.
Thomas, 902 F.3d 971 (9th Cir. 2018). To the extent there were any
concerns with respect to the state's implementation of the 2015
O3 NAAQS, EPA has other authorities to address such
concerns. For example, the CAA provides the EPA the authorities to
issue a SIP call, under section 110(k)(5) to correct SIP inadequacies;
to make a finding of failure to implement and impose appropriate
sanctions against the state, under sections 110(m) and 179(a)(4) of the
Act, if the EPA finds the state fails to implement any requirement of
an approved SIP; and to take measures to address specific permit
deficiencies pursuant to the EPA's case-by-case permitting oversight
and enforcement authorities under sections 165(a)(2) and 167 of the
Act. The appropriateness of employing these authorities depends on the
nature and extent of the implementation problems at issue.
Also, the commenter did not provide an example of which part of the
SIP the ADEQ is not currently implementing. As discussed in our
proposal, ADEQ maintains an adequate monitoring program, has a
permitting program, adopts rules as necessary, conducts inspections,
investigations and takes enforcement actions when appropriate. EPA
performs oversight of the air program through the annual air monitoring
network plan review, midyear and end of year reviews on the Section 103
and 105 grants programs, and enforcement framework reviews of the
state's enforcement programs. EPA also maintains on-going
communications with the state, providing input on implementation
issues, and sharing guidance and information through regular conference
calls. A lack of adequate funding for the ADEQ's operation would impact
implementation of programs we regularly discuss and review with the
state. Such concerns have not been noted by the EPA.
Comment: The commenter questioned EPA's approval of the
infrastructure SIP because EPA must review ``the finances'' of the
state agency implementing the SIP to ``ensure the financial health of
the agency.''
Response: EPA agrees that in order to address the requirements of
section 110(a)(2)(E)(i), states must establish that they have adequate
funding to implement their SIP. Accordingly, EPA did evaluate this
element. In its infrastructure SIP submission, the state indicated it
has met the requirements of the CAA. Section 110(a)(2)(E) requires that
the state provide for adequate personnel, funding, and legal authority
to carry out its SIP. Ark. Code Ann. Sec. 8-1-103(1)(A), Sec. 8-1-
103(3) and Sec. 8-1-103(5) grants ADEQ the authority to establish, and
collect fees for issuance, annual review, and modification of air
permits. Regulation No. 9, Fee Regulation, Chapter 5, contains the air
permit fees applicable to non-part 70 permits, part 70 permits, and
general permits. Ark. Code Ann. Sec. 8-1-202(b)(2)(D) states that the
Director of ADEQ's duties include the day-to-day administration of all
activities that the Department is empowered to perform by law,
including, but not limited to, the employment and supervision of such
technical, legal, and administrative staff, within approved
appropriations, as is necessary to carry out the responsibilities
vested with ADEQ.
Moreover, the State receives federal grants under CAA sections 103
and 105 to assist it in carrying out the SIP. Section 103 funding
supports specific, non-recurring projects within the air program and
thus, the amount of funding can vary widely from year to year. Section
105 supports the foundation of the State's air quality program,
including the air monitoring network and annual air quality program
activities. Section 105 funding levels are relatively consistent,
varying not more than about 10% from year to year. Section 105 funds
require a 40% match from the State, while section 103 funds do not
require a match. During the upcoming fiscal year (FY2021), ADEQ will
receive $1,139,737 in section 105 grant funding. For FY2020/2021 ADEQ
will receive $1,137,068 in section 103 grant funding. This federal
funding supplements the state's air program implementation funding
mechanisms.
As explained in the proposal, EPA has concluded that ADEQ has
adequate personnel, funding, and authority through these provisions in
order to carry out the state's implementation plan.
Comment: The commenter supported concerns about the adequacy of the
State agency's funding with statements attributed to the State's
Governor.
Response: The commenter did not provide enough information for the
EPA to be able to verify the quote or its context. The EPA of course
agrees with the statements attributed to the Governor that state
agencies need adequate funding to protect public health and the
environment. Regardless, even taken at face value the EPA does not
believe that the statement establishes that the State in fact has
inadequate resources for the purposes of implementing the State's SIP.
As previously explained, the EPA has considered the resources of the
State as established in the infrastructure SIP submission and considers
them adequate at this time.
Comment: The commenter further asserted that the EPA should
disapprove the State's infrastructure SIP for the 2015 O3
NAAQS based on concerns about the impacts that the COVID-19 pandemic
will have on the State's finances and staff for implementing the SIP.
[[Page 9292]]
Response: The EPA acknowledges the commenter's concern that the
ongoing COVID-19 pandemic may have negative impacts on the State
maintaining adequate resources to meet its SIP obligations. As
discussed above, EPA has concluded that Arkansas has provided
assurances in the infrastructure SIP submission for the 2015
O3 NAAQS that it has adequate personnel and funding to carry
out its SIP obligations at this time. For these reasons, EPA does not
agree that it must disapprove the infrastructure SIP submission. If the
adequacy of Arkansas' resources to carry out its SIP is substantially
affected in the future, EPA has the statutory authority to address this
issue through means other than disapproving the infrastructure SIP
submission at this time.
III. Final Action
We are approving portions of the October 25, 2018, Arkansas i-SIP
submittal for the 2015 O3 NAAQS as detailed in Table 1 of
this final action. The agency will take action on those portions of the
submission addressing CAA section 110(a)(2)(D)(i)(I), prongs 1 and 2,
Significant Contribution to Nonattainment and Interference with
Maintenance in other states, and CAA section 110(a)(2)(D)(i)(II), prong
4, Interference with Visibility Protection in other states in separate,
future actions.
Table 1--Final Action on Arkansas Infrastructure and Transport SIP
Submittals for the 2015 Ozone NAAQS
------------------------------------------------------------------------
Proposed
Element action
------------------------------------------------------------------------
(A): Emission limits and other control measures........... A
(B): Ambient air quality monitoring and data system....... A
(C)(i): Enforcement of SIP measures....................... A
(C)(ii): PSD program for major sources and major A
modifications............................................
(C)(iii): Permitting program for minor sources and minor A
modifications............................................
(D)(i)(I): Contribute to nonattainment/interfere with SA
maintenance of NAAQS (prongs 1 and 2)....................
(D)(i)(II): PSD (prong 3)................................. A
(D)(i)(II): Visibility Protection (prong 4)............... SA
(D)(ii): Interstate and International Pollution Abatement. A
(E)(i): Adequate resources................................ A
(E)(ii): State boards..................................... A
(E)(iii): Necessary assurances with respect to local A
agencies.................................................
(F): Stationary source monitoring system.................. A
(G): Emergency power...................................... A
(H): Future SIP revisions................................. A
(I): Nonattainment area plan or plan revisions under part +
D........................................................
(J)(i): Consultation with government officials............ A
(J)(ii): Public notification.............................. A
(J)(iii): PSD............................................. A
(J)(iv): Visibility protection............................ +
(K): Air quality modeling and data........................ A
(L): Permitting fees...................................... A
(M): Consultation and participation by affected local A
entities.................................................
------------------------------------------------------------------------
Key to Table 1:
A: Approved,
+: Not germane to infrastructure SIPs.
SA: EPA is acting on this infrastructure requirement in a separate
rulemaking action.
Based upon our review of the State's infrastructure SIP submission
for the 2015 O3 NAAQS and relevant statutory and regulatory
authorities and provisions referenced in this submission or referenced
in the EPA-approved Arkansas SIP, EPA finds that the state has
established that it has met the infrastructure SIP requirements of CAA
sections 110(a)(1) and (2), as applicable, except as noted in Table 1
of this final action.
We are also approving the submitted changes to the state's
Regulation 19 Definitions and Appendix B that reference the 2015
O3 NAAQS.
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of a revision to
Regulation 19, Chapter 2, Definitions and Appendix B, Regulations of
the Arkansas Plan of Implementation for Air Pollution control. 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 the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the 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 the 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 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,
[[Page 9293]]
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, 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 13, 2021. 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, Ozone.
Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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. Amend Sec. 52.170 by:
0
a. In paragraph (c) in the table titled ``EPA-Approved Regulations in
the Arkansas SIP'':
0
i. Revising the entry for Regulation 19, Chapter 2 (Definitions) and
0
ii. Revising the entry for Regulation 19, Appendix B (National Ambient
Air Quality Standards List).
0
b. In paragraph (e), in the table titled ``EPA-Approved Non-regulatory
Provisions and Quasi-Regulatory Measures in the Arkansas SIP'' adding
an entry at the end for ``Infrastructure for the 2015 O3
NAAQS''.
The revisions and additions read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2........................ Definitions........ 9/27/2019 2/12/2021, [Insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Appendix B: National Ambient Air Quality Standards List
----------------------------------------------------------------------------------------------------------------
Appendix B....................... National Ambient 9/27/2019 2/12/2021, [Insert ...................
Air Quality Federal Register
Standards List. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 9294]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Control measures geographic or submittal/ EPA approval date Explanation
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 2015 O3 Statewide.......... 9/27/2019 2/12/2021, [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).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-02760 Filed 2-11-21; 8:45 am]
BILLING CODE 6560-50-P
