Air Plan Approval; Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan; Withdrawal of Federal Implementation Plan Provisions for the Domtar Ashdown Mill, 15101-15104 [2021-05361]

Download as PDF Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations policies and procedures) shall be considered and implemented to prevent exposure, where feasible. For purposes of § 721.63(a)(5) respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 1,000. For purposes of § 721.63(b) concentration set at 1.0%. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(g). (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (d) and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. jbell on DSKJLSW7X2PROD with RULES § 721.11464 1-Butanaminium, 4-amino-N(2-hydroxy-3-sulfopropyl)-N,N-dimethyl-4oxo-, N-coco alkyl derivs., inner salts. (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as 1-butanaminium, 4-amino-N-(2hydroxy-3-sulfopropyl)-N,N-dimethyl-4oxo-, N-coco alkyl derivs., inner salts. (PMN P–18–60, CAS No. 2041102–83–2) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(j). It is a significant new use to manufacture or process the substance in a manner that results in inhalation exposure. (ii) Release to water. Requirements as specified in § 721.90(a)(4), (b)(4), and (c)(4) where N = 7.3. (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. VerDate Sep<11>2014 16:10 Mar 19, 2021 Jkt 253001 § 721.11465 oxide. Indium manganese yttrium (a) Chemical substance and significant new uses subject to reporting. (1) The chemical substance identified as indium manganese yttrium oxide (PMN P–18–381; CAS No. 1239902–45–4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: (i) Protection in the workplace. Requirements as specified in § 721.63(a)(4) and (5), (a)(6)(v), (b), and (c). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible. For purposes of § 721.63(a)(5) respirators must provide a National Institute for Occupational Safety and Health assigned protection factor of at least 50. For purposes of § 721.63(b) concentration set at 1.0%. (ii) Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(j). It is a significant new use to use the substance in a consumer product that is spray applied. (b) Specific requirements. The provisions of subpart A of this part apply to this section except as modified by this paragraph (b). (1) Recordkeeping. Recordkeeping requirements as specified in § 721.125(a) through (d) and (i) are applicable to manufacturers and processors of this substance. (2) Limitations or revocation of certain notification requirements. The provisions of § 721.185 apply to this section. (3) Determining whether a specific use is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(ii) of this section. [FR Doc. 2021–04630 Filed 3–19–21; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 15101 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2015–0189; FRL–10019– 83–Region 6] Air Plan Approval; Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan; Withdrawal of Federal Implementation Plan Provisions for the Domtar Ashdown Mill Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to withdraw the remaining portion of a Federal Implementation Plan (FIP) for Arkansas that was published in the Federal Register on September 27, 2016, which addressed certain regional haze obligations for the first implementation period for the Domtar Ashdown Mill. Specifically, this remaining portion of the FIP we are withdrawing contains best available retrofit technology (BART) requirements for sulfur dioxide (SO2) and nitrogen oxide (NOX) for Domtar Ashdown Mill Power Boiler No. 1; and SO2, NOX, and particulate matter (PM) BART requirements for Power Boiler No. 2. These portions of the FIP are being replaced by a revision to the Arkansas State Implementation Plan (SIP) containing SO2, NOX, and PM10 BART alternative emission limitations that we are taking final action to approve in a separate rulemaking that is also being published in this issue of the Federal Register. DATES: This final rule will be effective April 21, 2021. ADDRESSES: The EPA has established a docket for this action under Docket No. EPA–R06–OAR–2015–0189. All documents in the docket are listed at the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270–2102. FOR FURTHER INFORMATION CONTACT: James E. Grady, Air and Radiation Division, Environmental Protection SUMMARY: E:\FR\FM\22MRR1.SGM 22MRR1 15102 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, telephone (214) 665–6745; email address grady.james@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean ‘‘the EPA.’’ Table of Contents I. Background II. Final Action III. Responses to Comments IV. Statutory and Executive Order Reviews I. Background Arkansas submitted a SIP revision on September 9, 2008, to address the requirements of the first regional haze implementation period. On August 3, 2010, Arkansas submitted a SIP revision with mostly non-substantive revisions to Arkansas Pollution Control and Ecology Commission (APCEC) Regulation 19, Chapter 15.1 On September 27, 2011, the State submitted supplemental information to clarify several aspects of the September 9, 2008 submittal. Hereafter we refer to these regional haze submittals collectively as the ‘‘2008 Arkansas Regional Haze SIP.’’ On March 12, 2012, we partially approved and partially disapproved the 2008 Arkansas Regional Haze SIP.2 On September 27, 2016, in accordance with section 110(c)(1) of the CAA, we promulgated a FIP (the Arkansas Regional Haze FIP) addressing the disapproved portions of the 2008 Arkansas Regional Haze SIP.3 Among other things, the FIP established SO2, nitrogen oxide (NOX), and PM emission limits under the BART requirements for nine units at six facilities: Arkansas Electric Cooperative Corporation (AECC) Bailey Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/Southwestern Electric Power Company (AEP/SWEPCO) Flint Creek Plant Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant Unit 4; Entergy White Bluff Plant Units 1 and 2; Entergy White Bluff Auxiliary Boiler; and the Domtar Ashdown Mill Power Boilers No. 1 and 2. The FIP also established SO2 and NOX emission limits under the jbell on DSKJLSW7X2PROD with RULES 1 The September 9, 2008 SIP submittal included APCEC Regulation 19, Chapter 15, which is the state regulation that identified the BART-eligible and subject-to-BART sources in Arkansas and established BART emission limits for subject-toBART sources. The August 3, 2010 SIP revision did not revise Arkansas’ list of BART-eligible and subject-to-BART sources or revise any of the BART requirements for affected sources. Instead, it included mostly non-substantive revisions to the state regulation. 2 77 FR 14604. 3 81 FR 66332; see also 81 FR 68319 (October 4, 2016) (correction). VerDate Sep<11>2014 16:10 Mar 19, 2021 Jkt 253001 reasonable progress requirements for Entergy Independence Units 1 and 2. Following the issuance of the Arkansas Regional Haze FIP, the State of Arkansas and several industry parties filed petitions for reconsideration and a motion for an administrative stay of the final rule.4 On April 14, 2017, we announced our decision to reconsider several elements of the FIP, as follows: Appropriate compliance dates for the NOX emission limits for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and Independence Units 1 and 2; the low-load NOX emission limits applicable to White Bluff Units 1 and 2 and Independence Units 1 and 2 during periods of operation at less than fifty percent of the units’ maximum heat input rating; the SO2 emission limits for White Bluff Units 1 and 2; and the compliance dates for the SO2 emission limits for Independence Units 1 and 2.5 EPA also published a document in the Federal Register on April 25, 2017, which administratively stayed the effectiveness of the NOX compliance dates in the FIP for the Flint Creek, White Bluff, and Independence units, as well as the compliance dates for the SO2 emission limits for the White Bluff and Independence units for a period of ninety days.6 On July 13, 2017, the EPA published a document proposing to extend the NOX compliance dates for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and Independence Units 1 and 2, by 21 months, to January 27, 2020.7 However, EPA did not take final action on the July 13, 2017 proposed rule because on July 12, 2017, Arkansas submitted a proposed SIP revision with a request for parallel processing (Arkansas Regional Haze NOX SIP revision or Arkansas NOX SIP revision). The State’s proposed revision addressed the NOX BART requirements for Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler No. 1, Lake Catherine Unit 4, White Bluff Units 1 and 2, and White Bluff Auxiliary Boiler, as well as the reasonable progress requirements with respect to NOX. We processed this proposed SIP revision in parallel with the state’s SIP approval process and, in 4 See the docket associated with this proposed rulemaking for a copy of the petitions for reconsideration and administrative stay submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy Mississippi Inc., and Entergy Power LLC (collectively ‘‘Entergy’’); AECC; and the Energy and Environmental Alliance of Arkansas (EEAA). 5 Letter from E. Scott Pruitt, Administrator, EPA, to Nicholas Jacob Bronni and Jamie Leigh Ewing, Arkansas Attorney General’s Office (April 14, 2017). A copy of this letter is included in the docket no. EPA–R06–OAR–2015–0189–0240 at https:// www.regulations.gov. 6 82 FR 18994. 7 82 FR 32284. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 a proposed rule published in the Federal Register on September 11, 2017, we proposed approval of the Arkansas Regional Haze NOX SIP revision and withdrawal of the corresponding parts of the Arkansas Regional Haze FIP.8 On October 31, 2017, we received Arkansas’ final Regional Haze NOX SIP revision addressing NOX BART for EGUs and the reasonable progress requirements with respect to NOX for the first implementation period. On February 12, 2018, we finalized our approval of the Arkansas Regional Haze NOX SIP revision and our withdrawal of the corresponding parts of the FIP.9 On August 8, 2018, Arkansas submitted another SIP revision (Arkansas Regional Haze SO2 and PM SIP revision or Phase II SIP revision) addressing all remaining disapproved parts of the 2008 Regional Haze SIP, with the exception of the BART and associated long-term strategy requirements for the Domtar Ashdown Mill Power Boilers No. 1 and 2. In a proposed rule published in the Federal Register on November 30, 2018, we proposed approval of a portion of the SIP revision and we also proposed to withdraw the parts of the FIP corresponding to our proposed approvals.10 The Phase II SIP revision included a discussion of Arkansas’ interstate visibility transport requirements, and we stated in our proposed rule that we intended to propose action on this portion of the SIP revision in a future proposed rulemaking. On September 27, 2019, we took final action to approve a portion of the Arkansas Regional Haze SO2 and PM SIP revision and to withdraw the corresponding parts of the FIP.11 On August 13, 2019, Arkansas submitted the Arkansas Regional Haze Phase III SIP (Phase III SIP revision). This SIP revision contains a BART alternative to address BART and the associated long-term strategy requirements for two subject-to-BART sources (Power Boilers No. 1 and 2) at the Domtar Ashdown Mill located in Ashdown, Arkansas. The BART alternative addresses SO2, PM, and NOX BART for Power Boilers No. 1 and 2. On March 16, 2020, we proposed to approve the Phase III SIP revision.12 Our proposed rule included proposed approval of the BART alternative for SO2, PM, and NOX at Power Boilers No. 1 and 2 and elements that relate to the BART requirements at this facility; 8 82 FR 42627. FR 5927 and 83 FR 5915 (February 12, 2018). 10 83 FR 62204 (November 30, 2018). 11 84 FR 51033 and 84 FR 51056 (Sept. 27, 2019). 12 85 FR 14847 (March 16, 2020). 9 83 E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES proposed approval of Arkansas’ request to withdraw from the approved SIP the previously approved PM10 BART limit for Power Boiler No. 1; and proposed withdrawal of the remaining portion of the Arkansas FIP, which consists of provisions addressing the regional haze requirements for the Domtar Ashdown Mill. The EPA also proposed to approve the portions of the August 8, 2018 Arkansas Regional Haze Phase II SIP revision and the October 4, 2019 Arkansas 2015 Ozone (O3) NAAQS Interstate Transport SIP revision addressing the visibility transport provisions required under CAA section 110(a)(2)(D)(i)(II) for the following NAAQS: The 2006 24-hour PM2.5 NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour O3 NAAQS; the 2010 one-hour NO2 NAAQS; and the 2010 one-hour SO2 NAAQS. In a final action being published separately in this issue of the Federal Register, we are taking final action to approve the Arkansas Regional Phase III SIP revision and the visibility transport portions of the Arkansas Regional Haze Phase II SIP revision and the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision. The background for this final rule and the separate final action also being published in this issue of the Federal Register that approves the Arkansas Regional Haze Phase III SIP revision and portions of the Arkansas Regional Haze Phase II SIP revision and the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision is also discussed in detail in our March 16, 2020 proposed approval.13 The comment period was open for thirty days and closed on April 15, 2020. We received a total of two sets of public comments concerning our proposed action. The comments are included in the publicly posted docket associated with the rulemaking (EPA– R06–OAR–2015–0189), available at https://www.regulations.gov. II. Final Action We are withdrawing the remaining portion of the Arkansas Regional Haze FIP that we promulgated on September 27, 2016, found at 40 CFR 52.173(c). Specifically, we are withdrawing provisions addressing applicability and definitions of the FIP; SO2 and NOX emission limits for Power Boiler No. 1; SO2, NOX, and PM emission limits for Power Boiler No. 2; BART compliance dates; compliance determination requirements and reporting and recordkeeping requirements associated with the BART emission limits; and provisions addressing equipment operations and enforcement. We are removing these SO2, NOX, and PM emission limitations and associated requirements for Power Boilers No. 1 and 2 found at 40 CFR 52.173(c), and as of the effective date of this final rule these requirements will no longer apply to these units. Since we are withdrawing the text from paragraph (c) under 40 CFR 52.173, we are also reserving paragraph (c) so as to not disturb the numbering of existing paragraphs (d) through (g) under 40 CFR 52.173. As explained in our March 16, 2020 proposal,14 this action is based on our separate action being published in this issue of the Federal Register approving the Arkansas Regional Haze Phase III SIP revision submitted to us on August 13, 2019. In that separate action, EPA is making the determination that the Arkansas Regional Haze Phase III SIP revision is approvable because the plan’s provisions meet the applicable requirements of the CAA and EPA implementing regulations. EPA is finalizing this action under section 110 and part C of the Act. III. Response to Comments We received two comment letters concerning our proposed action, which included our proposed approval of the Phase III SIP revision, proposed approval of the visibility transport portions of the Arkansas Regional Haze Phase II SIP revision and the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision, and proposed withdrawal of the remaining FIP provisions. EPA did not receive any comments specifically addressing our proposed withdrawal of the remaining FIP provisions; rather, the comments addressed EPA’s proposed approval of the SIP provisions that would replace the FIP. Therefore, we have responded to all relevant comments in response to our proposed action in the separate, final notice being published in this issue of the Federal Register that approves the Arkansas Regional Haze Phase III SIP revision.15 IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www2.epa.gov/ lawsregulations/laws-and-executiveorders. 14 85 FR 14847. see Docket No. EPA–R06–OAR–2015– 0189 at https://www.regulations.gov. 15 Please 13 85 FR 14847. VerDate Sep<11>2014 16:10 Mar 19, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 15103 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review 13563 This action is exempt from review by the Office of Management and Budget (OMB) because it will withdraw a FIP containing source-specific SO2, NOX, and PM emission limits for two individually identified units at one facility in Arkansas and is therefore not a rule of general applicability and not a significant regulatory action. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the PRA. Burden is defined at 5 CFR 1320.3(b). This final rule withdraws a FIP containing sourcespecific SO2, NOX, and PM emission limits for two individually identified units at one facility in Arkansas. C. Regulatory Flexibility Act I certify that this final action will not have a significant economic impact on a substantial number of small entities under the RFA. This final action will not impose any requirements on small entities. This final action withdraws a FIP containing source-specific SO2, NOX, and PM emission limits that apply to two individually identified units at one facility in Arkansas. D. Unfunded Mandates Reform Act This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the FIP we are withdrawing does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has E:\FR\FM\22MRR1.SGM 22MRR1 15104 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. This final action withdraws a FIP that applies to two individually identified units at one facility in Arkansas. There are no Indian reservation lands in Arkansas. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks 16 applies to any rule that: (1) Is determined to be economically significant as defined under Executive Order 12866; and (2) concerns an environmental health or safety risk that we have reason to believe may have a disproportionate effect on children. EPA interprets E.O. 13045 as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5–501 of the E.O. has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action is not subject to E.O. 13045 because it implements specific standards established by Congress in statutes. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. Pursuant to CAA section 307(d)(1)(B), this action is subject to the requirements of CAA section 307(d), as it revises a FIP under CAA section 110(c). L. Congressional Review Act (CRA) This rule is exempt from the CRA because it is a rule of particular applicably. EPA is not required to submit a rule report regarding this action under section 801 because this is a rule of particular applicability that only affects one individually identified facility in Arkansas. M. Petitions for Judicial Review 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 May 21, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Best available retrofit technology, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Regional haze, Reporting and recordkeeping requirements, Sulfur Dioxide, Visibility. Jane Nishida, Acting Administrator. Title 40, chapter I, of the Code of Federal Regulations is amended as follows: I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations jbell on DSKJLSW7X2PROD with RULES K. Determination Under Section 307(d) 1. The authority citation for part 52 continues to read as follows: ■ The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq. Subpart E—Arkansas § 52. 173 [Amended] FR 19885 (Apr. 23, 1997). VerDate Sep<11>2014 16:10 Mar 19, 2021 BILLING CODE 6560–50–P Jkt 253001 PO 00000 Frm 00036 Fmt 4700 40 CFR Part 52 [EPA–R06–OAR–2015–0189; FRL–10019– 63–Region 6] Air Plan Approval; Arkansas; Arkansas Regional Haze and Visibility Transport State Implementation Plan Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is finalizing approval of a revision to the Arkansas State Implementation Plan (SIP) submitted by the State of Arkansas through the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) on August 13, 2019. The SIP submittal addresses requirements of the Act and the Regional Haze Rule for visibility protection in mandatory Class I Federal areas (Class I areas) for the first implementation period. The EPA is approving an alternative measure to best available retrofit technology (BART) at the Domtar Ashdown Mill for sulfur dioxide (SO2), particulate matter (PM), and nitrogen oxide (NOX); and elements of the SIP submittal that relate to these BART requirements at this facility. In addition, we are approving the withdrawal from the SIP of the previously approved PM10 BART limit for Power Boiler No. 1. The EPA is also concurrently approving Arkansas’ interstate visibility transport provisions from the August 8, 2018, regional haze SIP submittal as supplemented by the visibility transport provisions in the October 4, 2019, interstate transport SIP submittal, which covers the following national ambient air quality standards (NAAQS): The 2006 24-hour fine particulate matter (PM2.5) NAAQS; the 2012 annual PM2.5 NAAQS; the 2008 and 2015 eight-hour ozone (O3) NAAQS; the 2010 one-hour nitrogen dioxide (NO2) NAAQS; and the 2010 one-hour SO2 NAAQS. In conjunction with our final approval of these SIP revisions, we are finalizing in a separate rulemaking, published elsewhere in this issue of the Federal Register, our withdrawal of the Federal implementation plan (FIP) provisions for the Domtar Ashdown Mill. SUMMARY: DATES: 2. In § 52.173, remove and reserve paragraph (c). [FR Doc. 2021–05361 Filed 3–19–21; 8:45 am] 16 62 ENVIRONMENTAL PROTECTION AGENCY Sfmt 4700 This rule is effective on April 21, 2021. The EPA has established a docket of all documents for this action at https://www.regulations.gov under ADDRESSES: E:\FR\FM\22MRR1.SGM 22MRR1

Agencies

[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Rules and Regulations]
[Pages 15101-15104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05361]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-10019-83-Region 6]


Air Plan Approval; Arkansas; Regional Haze and Interstate 
Visibility Transport Federal Implementation Plan; Withdrawal of Federal 
Implementation Plan Provisions for the Domtar Ashdown Mill

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to withdraw the remaining portion of a Federal Implementation 
Plan (FIP) for Arkansas that was published in the Federal Register on 
September 27, 2016, which addressed certain regional haze obligations 
for the first implementation period for the Domtar Ashdown Mill. 
Specifically, this remaining portion of the FIP we are withdrawing 
contains best available retrofit technology (BART) requirements for 
sulfur dioxide (SO2) and nitrogen oxide (NOX) for 
Domtar Ashdown Mill Power Boiler No. 1; and SO2, 
NOX, and particulate matter (PM) BART requirements for Power 
Boiler No. 2. These portions of the FIP are being replaced by a 
revision to the Arkansas State Implementation Plan (SIP) containing 
SO2, NOX, and PM10 BART alternative 
emission limitations that we are taking final action to approve in a 
separate rulemaking that is also being published in this issue of the 
Federal Register.

DATES: This final rule will be effective April 21, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R06-OAR-2015-0189. All documents in the docket are 
listed at the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov or 
in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270-2102.

FOR FURTHER INFORMATION CONTACT: James E. Grady, Air and Radiation 
Division, Environmental Protection

[[Page 15102]]

Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 
telephone (214) 665-6745; email address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' mean ``the EPA.''

Table of Contents

I. Background
II. Final Action
III. Responses to Comments
IV. Statutory and Executive Order Reviews

I. Background

    Arkansas submitted a SIP revision on September 9, 2008, to address 
the requirements of the first regional haze implementation period. On 
August 3, 2010, Arkansas submitted a SIP revision with mostly non-
substantive revisions to Arkansas Pollution Control and Ecology 
Commission (APCEC) Regulation 19, Chapter 15.\1\ On September 27, 2011, 
the State submitted supplemental information to clarify several aspects 
of the September 9, 2008 submittal. Hereafter we refer to these 
regional haze submittals collectively as the ``2008 Arkansas Regional 
Haze SIP.'' On March 12, 2012, we partially approved and partially 
disapproved the 2008 Arkansas Regional Haze SIP.\2\ On September 27, 
2016, in accordance with section 110(c)(1) of the CAA, we promulgated a 
FIP (the Arkansas Regional Haze FIP) addressing the disapproved 
portions of the 2008 Arkansas Regional Haze SIP.\3\ Among other things, 
the FIP established SO2, nitrogen oxide (NOX), 
and PM emission limits under the BART requirements for nine units at 
six facilities: Arkansas Electric Cooperative Corporation (AECC) Bailey 
Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/
Southwestern Electric Power Company (AEP/SWEPCO) Flint Creek Plant 
Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant 
Unit 4; Entergy White Bluff Plant Units 1 and 2; Entergy White Bluff 
Auxiliary Boiler; and the Domtar Ashdown Mill Power Boilers No. 1 and 
2. The FIP also established SO2 and NOX emission 
limits under the reasonable progress requirements for Entergy 
Independence Units 1 and 2.
---------------------------------------------------------------------------

    \1\ The September 9, 2008 SIP submittal included APCEC 
Regulation 19, Chapter 15, which is the state regulation that 
identified the BART-eligible and subject-to-BART sources in Arkansas 
and established BART emission limits for subject-to-BART sources. 
The August 3, 2010 SIP revision did not revise Arkansas' list of 
BART-eligible and subject-to-BART sources or revise any of the BART 
requirements for affected sources. Instead, it included mostly non-
substantive revisions to the state regulation.
    \2\ 77 FR 14604.
    \3\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016) 
(correction).
---------------------------------------------------------------------------

    Following the issuance of the Arkansas Regional Haze FIP, the State 
of Arkansas and several industry parties filed petitions for 
reconsideration and a motion for an administrative stay of the final 
rule.\4\ On April 14, 2017, we announced our decision to reconsider 
several elements of the FIP, as follows: Appropriate compliance dates 
for the NOX emission limits for Flint Creek Boiler No. 1, 
White Bluff Units 1 and 2, and Independence Units 1 and 2; the low-load 
NOX emission limits applicable to White Bluff Units 1 and 2 
and Independence Units 1 and 2 during periods of operation at less than 
fifty percent of the units' maximum heat input rating; the 
SO2 emission limits for White Bluff Units 1 and 2; and the 
compliance dates for the SO2 emission limits for 
Independence Units 1 and 2.\5\
---------------------------------------------------------------------------

    \4\ See the docket associated with this proposed rulemaking for 
a copy of the petitions for reconsideration and administrative stay 
submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy 
Mississippi Inc., and Entergy Power LLC (collectively ``Entergy''); 
AECC; and the Energy and Environmental Alliance of Arkansas (EEAA).
    \5\ Letter from E. Scott Pruitt, Administrator, EPA, to Nicholas 
Jacob Bronni and Jamie Leigh Ewing, Arkansas Attorney General's 
Office (April 14, 2017). A copy of this letter is included in the 
docket no. EPA-R06-OAR-2015-0189-0240 at https://www.regulations.gov.
---------------------------------------------------------------------------

    EPA also published a document in the Federal Register on April 25, 
2017, which administratively stayed the effectiveness of the 
NOX compliance dates in the FIP for the Flint Creek, White 
Bluff, and Independence units, as well as the compliance dates for the 
SO2 emission limits for the White Bluff and Independence 
units for a period of ninety days.\6\ On July 13, 2017, the EPA 
published a document proposing to extend the NOX compliance 
dates for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and 
Independence Units 1 and 2, by 21 months, to January 27, 2020.\7\ 
However, EPA did not take final action on the July 13, 2017 proposed 
rule because on July 12, 2017, Arkansas submitted a proposed SIP 
revision with a request for parallel processing (Arkansas Regional Haze 
NOX SIP revision or Arkansas NOX SIP revision). 
The State's proposed revision addressed the NOX BART 
requirements for Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler 
No. 1, Lake Catherine Unit 4, White Bluff Units 1 and 2, and White 
Bluff Auxiliary Boiler, as well as the reasonable progress requirements 
with respect to NOX. We processed this proposed SIP revision 
in parallel with the state's SIP approval process and, in a proposed 
rule published in the Federal Register on September 11, 2017, we 
proposed approval of the Arkansas Regional Haze NOX SIP 
revision and withdrawal of the corresponding parts of the Arkansas 
Regional Haze FIP.\8\ On October 31, 2017, we received Arkansas' final 
Regional Haze NOX SIP revision addressing NOX 
BART for EGUs and the reasonable progress requirements with respect to 
NOX for the first implementation period. On February 12, 
2018, we finalized our approval of the Arkansas Regional Haze 
NOX SIP revision and our withdrawal of the corresponding 
parts of the FIP.\9\
---------------------------------------------------------------------------

    \6\ 82 FR 18994.
    \7\ 82 FR 32284.
    \8\ 82 FR 42627.
    \9\ 83 FR 5927 and 83 FR 5915 (February 12, 2018).
---------------------------------------------------------------------------

    On August 8, 2018, Arkansas submitted another SIP revision 
(Arkansas Regional Haze SO2 and PM SIP revision or Phase II 
SIP revision) addressing all remaining disapproved parts of the 2008 
Regional Haze SIP, with the exception of the BART and associated long-
term strategy requirements for the Domtar Ashdown Mill Power Boilers 
No. 1 and 2. In a proposed rule published in the Federal Register on 
November 30, 2018, we proposed approval of a portion of the SIP 
revision and we also proposed to withdraw the parts of the FIP 
corresponding to our proposed approvals.\10\ The Phase II SIP revision 
included a discussion of Arkansas' interstate visibility transport 
requirements, and we stated in our proposed rule that we intended to 
propose action on this portion of the SIP revision in a future proposed 
rulemaking. On September 27, 2019, we took final action to approve a 
portion of the Arkansas Regional Haze SO2 and PM SIP 
revision and to withdraw the corresponding parts of the FIP.\11\
---------------------------------------------------------------------------

    \10\ 83 FR 62204 (November 30, 2018).
    \11\ 84 FR 51033 and 84 FR 51056 (Sept. 27, 2019).
---------------------------------------------------------------------------

    On August 13, 2019, Arkansas submitted the Arkansas Regional Haze 
Phase III SIP (Phase III SIP revision). This SIP revision contains a 
BART alternative to address BART and the associated long-term strategy 
requirements for two subject-to-BART sources (Power Boilers No. 1 and 
2) at the Domtar Ashdown Mill located in Ashdown, Arkansas. The BART 
alternative addresses SO2, PM, and NOX BART for 
Power Boilers No. 1 and 2. On March 16, 2020, we proposed to approve 
the Phase III SIP revision.\12\ Our proposed rule included proposed 
approval of the BART alternative for SO2, PM, and 
NOX at Power Boilers No. 1 and 2 and elements that relate to 
the BART requirements at this facility;

[[Page 15103]]

proposed approval of Arkansas' request to withdraw from the approved 
SIP the previously approved PM10 BART limit for Power Boiler 
No. 1; and proposed withdrawal of the remaining portion of the Arkansas 
FIP, which consists of provisions addressing the regional haze 
requirements for the Domtar Ashdown Mill. The EPA also proposed to 
approve the portions of the August 8, 2018 Arkansas Regional Haze Phase 
II SIP revision and the October 4, 2019 Arkansas 2015 Ozone 
(O3) NAAQS Interstate Transport SIP revision addressing the 
visibility transport provisions required under CAA section 
110(a)(2)(D)(i)(II) for the following NAAQS: The 2006 24-hour 
PM2.5 NAAQS; the 2012 annual PM2.5 NAAQS; the 
2008 and 2015 eight-hour O3 NAAQS; the 2010 one-hour 
NO2 NAAQS; and the 2010 one-hour SO2 NAAQS. In a 
final action being published separately in this issue of the Federal 
Register, we are taking final action to approve the Arkansas Regional 
Phase III SIP revision and the visibility transport portions of the 
Arkansas Regional Haze Phase II SIP revision and the Arkansas 2015 
O3 NAAQS Interstate Transport SIP revision.
---------------------------------------------------------------------------

    \12\ 85 FR 14847 (March 16, 2020).
---------------------------------------------------------------------------

    The background for this final rule and the separate final action 
also being published in this issue of the Federal Register that 
approves the Arkansas Regional Haze Phase III SIP revision and portions 
of the Arkansas Regional Haze Phase II SIP revision and the Arkansas 
2015 O3 NAAQS Interstate Transport SIP revision is also 
discussed in detail in our March 16, 2020 proposed approval.\13\ The 
comment period was open for thirty days and closed on April 15, 2020. 
We received a total of two sets of public comments concerning our 
proposed action. The comments are included in the publicly posted 
docket associated with the rulemaking (EPA-R06-OAR-2015-0189), 
available at https://www.regulations.gov.
---------------------------------------------------------------------------

    \13\ 85 FR 14847.
---------------------------------------------------------------------------

II. Final Action

    We are withdrawing the remaining portion of the Arkansas Regional 
Haze FIP that we promulgated on September 27, 2016, found at 40 CFR 
52.173(c). Specifically, we are withdrawing provisions addressing 
applicability and definitions of the FIP; SO2 and 
NOX emission limits for Power Boiler No. 1; SO2, 
NOX, and PM emission limits for Power Boiler No. 2; BART 
compliance dates; compliance determination requirements and reporting 
and recordkeeping requirements associated with the BART emission 
limits; and provisions addressing equipment operations and enforcement. 
We are removing these SO2, NOX, and PM emission 
limitations and associated requirements for Power Boilers No. 1 and 2 
found at 40 CFR 52.173(c), and as of the effective date of this final 
rule these requirements will no longer apply to these units. Since we 
are withdrawing the text from paragraph (c) under 40 CFR 52.173, we are 
also reserving paragraph (c) so as to not disturb the numbering of 
existing paragraphs (d) through (g) under 40 CFR 52.173.
    As explained in our March 16, 2020 proposal,\14\ this action is 
based on our separate action being published in this issue of the 
Federal Register approving the Arkansas Regional Haze Phase III SIP 
revision submitted to us on August 13, 2019. In that separate action, 
EPA is making the determination that the Arkansas Regional Haze Phase 
III SIP revision is approvable because the plan's provisions meet the 
applicable requirements of the CAA and EPA implementing regulations. 
EPA is finalizing this action under section 110 and part C of the Act.
---------------------------------------------------------------------------

    \14\ 85 FR 14847.
---------------------------------------------------------------------------

III. Response to Comments

    We received two comment letters concerning our proposed action, 
which included our proposed approval of the Phase III SIP revision, 
proposed approval of the visibility transport portions of the Arkansas 
Regional Haze Phase II SIP revision and the Arkansas 2015 O3 
NAAQS Interstate Transport SIP revision, and proposed withdrawal of the 
remaining FIP provisions. EPA did not receive any comments specifically 
addressing our proposed withdrawal of the remaining FIP provisions; 
rather, the comments addressed EPA's proposed approval of the SIP 
provisions that would replace the FIP. Therefore, we have responded to 
all relevant comments in response to our proposed action in the 
separate, final notice being published in this issue of the Federal 
Register that approves the Arkansas Regional Haze Phase III SIP 
revision.\15\
---------------------------------------------------------------------------

    \15\ Please see Docket No. EPA-R06-OAR-2015-0189 at https://www.regulations.gov.
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review 13563

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it will withdraw a FIP containing source-specific 
SO2, NOX, and PM emission limits for two 
individually identified units at one facility in Arkansas and is 
therefore not a rule of general applicability and not a significant 
regulatory action.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the PRA. Burden is defined at 5 CFR 1320.3(b). This 
final rule withdraws a FIP containing source-specific SO2, 
NOX, and PM emission limits for two individually identified 
units at one facility in Arkansas.

C. Regulatory Flexibility Act

    I certify that this final action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA. This final action will not impose any requirements on small 
entities. This final action withdraws a FIP containing source-specific 
SO2, NOX, and PM emission limits that apply to 
two individually identified units at one facility in Arkansas.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the FIP we are withdrawing does not 
apply on any Indian reservation land or in any other area where the EPA 
or an Indian tribe has demonstrated that a tribe has

[[Page 15104]]

jurisdiction, and will not impose substantial direct costs on tribal 
governments or preempt tribal law. This final action withdraws a FIP 
that applies to two individually identified units at one facility in 
Arkansas. There are no Indian reservation lands in Arkansas. Thus, 
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks \16\ applies to any rule that: (1) Is 
determined to be economically significant as defined under Executive 
Order 12866; and (2) concerns an environmental health or safety risk 
that we have reason to believe may have a disproportionate effect on 
children. EPA interprets E.O. 13045 as applying only to those 
regulatory actions that concern health or safety risks, such that the 
analysis required under Section 5-501 of the E.O. has the potential to 
influence the regulation. This action is not subject to Executive Order 
13045 because it is not economically significant as defined in 
Executive Order 12866, and because the EPA does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. This action is not subject to E.O. 
13045 because it implements specific standards established by Congress 
in statutes.
---------------------------------------------------------------------------

    \16\ 62 FR 19885 (Apr. 23, 1997).
---------------------------------------------------------------------------

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

K. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

L. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicably. EPA is not required to submit a rule report regarding this 
action under section 801 because this is a rule of particular 
applicability that only affects one individually identified facility in 
Arkansas.

M. Petitions for Judicial Review

    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 May 21, 2021. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Best available 
retrofit technology, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate Matter, Regional haze, 
Reporting and recordkeeping requirements, Sulfur Dioxide, Visibility.

Jane Nishida,
Acting Administrator.
    Title 40, chapter I, of the Code of Federal Regulations 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


Sec.  52. 173  [Amended]

    2. In Sec.  52.173, remove and reserve paragraph (c).
[FR Doc. 2021-05361 Filed 3-19-21; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.