National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas, 52692-52698 [2022-18179]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52692-52698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18179]



[[Page 52692]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R06-OAR-2021-0661; FRL-9262-02-R6]


National Emission Standards for Hazardous Air Pollutants; 
Delegation of Authority to Arkansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delegation of authority.

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

SUMMARY: The Arkansas Department of Energy and Environment, Division of 
Environmental Quality (DEQ) has submitted updated regulations for 
receiving delegation and approval of its program for the implementation 
and enforcement of certain National Emission Standards for Hazardous 
Air Pollutants (NESHAP) promulgated under the Clean Air Act (CAA), as 
provided for under the delegation mechanism previously approved by the 
Environmental Protection Agency (EPA). The EPA is approving DEQ's 
requested update of its NESHAP delegation. The delegation will only 
encompass sources subject to one or more Federal section 112 standards 
which are also subject to the requirements of the Title V operating 
permits program. The updated State regulations regard certain NESHAP, 
as they existed through July 31, 2020. The EPA is providing notice that 
it is taking final action to approve the delegation of certain NESHAP 
to DEQ.

DATES: This rule is effective on September 28, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2021-0661. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov or 
in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett EPA Region 6 Office, 
ARPE, (214) 665-7227; email: [email protected].

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

Table of Contents

I. Background
II. What does this action do?
III. What is the authority for delegation?
IV. What criteria must Arkansas's program meet to be approved?
V. How did DEQ meet the NESHAP program approval criteria?
VI. How are sources subject to certain listed standards going to be 
handled since DEQ did not accept delegation of these standards?
VII. What is being delegated?
VIII. What is not being delegated?
IX. How will statutory and regulatory interpretations be made?
X. What information must DEQ provide to the EPA?
XI. What authority does the EPA have?
XII. Should sources submit notices to the EPA or DEQ?
XIII. How will unchanged authorities be delegated to DEQ in the 
future?
XIV. Final Action
XV. Environmental Justice Considerations
XVI. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in our 
November 11, 2021, proposal (86 FR 66990). In that document we proposed 
to approve a request from the Arkansas Department of Energy and 
Environment, Division of Environmental Quality (DEQ) to update its 
existing regulations for receiving delegation and approval of its 
program for the implementation and enforcement of certain National 
Emission Standards for Hazardous Air Pollutants (NESHAP) for part 70 
sources, as provided for under previously approved delegation 
mechanisms. We received no public comments on the proposed rulemaking 
action, and the EPA will not be making any changes to our proposed 
rulemaking.

II. What does this action do?

    EPA is providing notice that it is taking final action to approve 
DEQ's request updating the delegation of certain NESHAP. With this 
delegation, DEQ has the primary responsibility to implement and enforce 
the delegated standards. See sections VII and VIII, below, for a 
discussion of which standards are being delegated and which are not 
being delegated.

III. What is the authority for delegation?

    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize 
the EPA to delegate authority for the implementation and enforcement of 
NESHAP to a state or local agency that satisfies the statutory and 
regulatory requirements in subpart E. The NESHAP are codified at 40 CFR 
parts 61 and 63. This action regards the standards in 40 CFR part 63 
only.

IV. What criteria must Arkansas's program meet to be approved?

    Section 112(l)(5) of the CAA requires the EPA to disapprove any 
program submitted by a state for the delegation of NESHAP standards if 
the EPA determines that:
    (A) the authorities contained in the program are not adequate to 
assure compliance by the sources within the state with respect to each 
applicable standard, regulation, or requirement established under 
section 112;
    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E, setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 rules as promulgated without changes (straight delegation), 
a state must demonstrate that it meets the criteria of 40 CFR 63.91(d). 
The regulations in 40 CFR 63.91(d)(3) provide that interim or final 
Title V program approval will satisfy the criteria of 40 CFR 
63.91(d).\1\
---------------------------------------------------------------------------

    \1\ Some NESHAP standards do not require a source to obtain a 
title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a title V permit). For these non-title V 
sources, the EPA believes that the State must assure the EPA that it 
can implement and enforce the NESHAP for such sources. See 65 FR 
55810, 55813 (Sept. 14, 2000).
---------------------------------------------------------------------------

    The NESHAP delegation for Arkansas, as it applies to Title V 
sources, was most recently approved on November 12, 2014 (79 FR 6707).

V. How did DEQ meet the NESHAP program approval criteria?

    The EPA granted final interim approval for the Arkansas Operating 
Permit Program under part 70 in a rulemaking published September 8, 
1995. 60 FR 46771. In the Federal Register proposed interim approval of 
the Arkansas Operating Permit Program, the EPA discussed the delegation 
of unchanged part 63 standards as they

[[Page 52693]]

apply to part 70 sources and noted that Arkansas plans to use the 
mechanism of incorporation by reference to adopt unchanged part 63 
standards into its regulations. See 59 FR 47828, 47830 (September 19, 
1994). In an October 9, 2001, rulemaking, the EPA took final action to 
fully approve the Arkansas Operating Permit Program. 66 FR 51312. In 
accordance with 40 CFR 63.91(d), the up-front approval criteria for 
delegation of unchanged part 63 standards as requested by DEQ have been 
met. However, the EPA's October 9, 2001, Federal Register final 
approval failed to discuss the mechanism associated with delegation of 
the part 63 standards for sources subject to the part 70 permitting 
program. As discussed above, sources subject to the part 70 program are 
those sources that are operating pursuant to a part 70 permit issued by 
the state, local agency, or the EPA. Sources not subject to the part 70 
program are those sources that are not required to obtain a part 70 
permit from either the state, local agency, or the EPA (see 40 CFR 
70.3); e.g., exempted area sources. As stated above, the CAA section 
112(l) requirements for approval of the Arkansas program for straight 
delegation were satisfied when the EPA granted approval of the Arkansas 
Operating Permit Program. The EPA's approval also met the up-front 
criteria set forth in 40 CFR 63.91(d).
    Since DEQ implements and enforces unchanged part 63 standards 
(``straight delegation'') through its EPA-approved Title V Operating 
Permit Program, EPA addressed several issues to ensure the requirements 
for delegation under CAA section 112(l) and 40 CFR part 63, subpart E, 
were met. A Memorandum of Agreement (MOA), dated September 17, 2014, 
was executed by the State and the EPA, a copy of which has been 
included in the docket for this rulemaking. See also 65 FR 55813 
(September 14, 2000) and 79 FR 67073 (November 12, 2014). DEQ 
implements and enforces part 63 standards applicable to Title V sources 
required to obtain a part 70 permit by including the applicable part 63 
standards in Title V operating permits, in accordance with the 
procedures set forth in the MOA. The permit must be effective prior to 
the first substantial compliance date for all future new and revised 
part 63 standards, unless DEQ has notified the EPA in advance that it 
does not intend to accept delegation for implementation or enforcement, 
as discussed in the MOA referenced above. Adequate resources will be 
obtained through monies from the State's Title V program that can be 
used to fund acceptable Title V activities. Upon promulgation of a new 
or revised part 63 standard, DEQ will immediately begin activities 
necessary for timely implementation of the standard. These activities 
will involve identifying sources subject to the applicable requirements 
and notifying these sources of the applicable requirements. Nothing in 
the Arkansas program for straight delegation is contrary to Federal 
guidance.
    Under 40 CFR 63.91(d)(2), once a state has satisfied the up-front 
approval criteria, it needs only to reference the previous 
demonstration and reaffirm that it still meets the criteria for any 
subsequent submittals for delegation of the section 112 standards. As 
stated in its October 27, 2021, supplemental letter, DEQ has affirmed 
that it still meets the up-front approval criteria and referenced the 
previous demonstration.

VI. How are sources subject to certain listed standards going to be 
handled since DEQ did not accept delegation of these standards?

    In its June 7, 2010, request for delegation of authority and 
approval of the mechanism used to implement and enforce the delegated 
part 63 standards, Arkansas noted that it was not requesting delegation 
of part 63 standards for area sources not required to obtain a Title V 
(part 70) permit. Arkansas also noted that it was not requesting 
delegation of the accidental release requirements under CAA section 
112(r). Since DEQ is not accepting delegation of these standards, the 
EPA will be the primary enforcement authority for those standards. 
However, these undelegated part 63 standards remain requirements of the 
sources subject to these standards; therefore, DEQ must ensure that the 
applicable part 63 standards are included in the appropriate federally 
enforceable permit for subject sources, and sources subject to these 
standards must continue to comply with their requirements.

VII. What is being delegated?

    By letter dated September 28, 2020, and supplemental letters dated 
June 29, 2021, and October 27, 2021, the EPA received requests from DEQ 
to update its existing NESHAP delegation. With certain exceptions noted 
in section VIII of this document, DEQ's request includes certain NESHAP 
promulgated by the EPA at 40 CFR part 63, as amended between September 
17, 2014, and July 31, 2020. More specifically, DEQ is requesting to 
update its delegation and approval to implement and enforce 40 CFR part 
63 standards as they apply to part 70 major sources, and only to those 
area sources subject to the Title V (part 70) permitting requirements.

VIII. What is not being delegated?

    DEQ has not requested, nor is this rulemaking, delegating the 
enforcement and implementation of 40 CFR part 63 standards to DEQ that 
would apply to area sources which do not require a Title V (part 70) 
permit. In addition, the EPA regulations provide that we cannot 
delegate to a State any of the Category II, subpart A, authorities set 
forth in 40 CFR 63.91(g)(2). These include the following provisions: 
Sec.  63.6(g), Approval of Alternative Non-Opacity Standards; Sec.  
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.  
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; 
Sec.  63.8(f), Approval of Major Alternatives to Monitoring; and Sec.  
63.10(f), Approval of Major Alternatives to Recordkeeping and 
Reporting. In addition, some part 63 standards have certain provisions 
that cannot be delegated to the States. Furthermore, no authorities are 
being delegated that require rulemaking in the Federal Register to 
implement, or where Federal overview is the only way to ensure national 
consistency in the application of the standards or requirements of CAA 
section 112. Finally, this action does not delegate any authority under 
section 112(r), the accidental release program.
    All inquiries and requests concerning implementation and 
enforcement of the excluded standards in the State of Arkansas should 
be directed to the EPA Region 6 Office.
    The EPA is making a determination that the NESHAP program submitted 
by Arkansas meets the applicable requirements of CAA section 112(l)(5) 
and 40 CFR part 63, subpart E.

IX. How will statutory and regulatory interpretations be made?

    In approving the NESHAP delegation, DEQ will obtain concurrence 
from the EPA on any matter involving the interpretation of section 112 
of the CAA or 40 CFR part 63 to the extent that implementation or 
enforcement of these provisions have not been covered by prior EPA 
determinations or guidance.

X. What information must DEQ provide to the EPA?

[[Page 52694]]

    DEQ must provide any additional compliance related information to 
EPA, Region 6, Office of Enforcement and Compliance Assurance within 45 
days of a request under 40 CFR 63.96(a). In receiving delegation for 
specific General Provisions authorities, DEQ must submit to EPA Region 
6 on a semi-annual basis, copies of determinations issued under these 
authorities. See 40 CFR 63.91(g)(1)(ii). For part 63 standards, these 
determinations include: Sec.  63.1, Applicability Determinations; Sec.  
63.6(e), Operation and Maintenance Requirements--Responsibility for 
Determining Compliance; Sec.  63.6(f), Compliance with Non-Opacity 
Standards--Responsibility for Determining Compliance; Sec.  63.6(h), 
Compliance with Opacity and Visible Emissions Standards--Responsibility 
for Determining Compliance; Sec.  63.7(c)(2)(i) and (d), Approval of 
Site-Specific Test Plans; Sec.  63.7(e)(2)(i), Approval of Minor 
Alternatives to Test Methods; Sec.  63.7(e)(2)(ii) and (f), Approval of 
Intermediate Alternatives to Test Methods; Sec.  63.7(e)(2)(iii), 
Approval of Shorter Sampling Times and Volumes When Necessitated by 
Process Variables or Other Factors; Sec.  63.7(e)(2)(iv), (h)(2) and 
(3), Waiver of Performance Testing; Sec.  63.8(c)(1) and (e)(1), 
Approval of Site-Specific Performance Evaluation (Monitoring) Test 
Plans; Sec.  63.8(f), Approval of Minor Alternatives to Monitoring; 
Sec.  63.8(f), Approval of Intermediate Alternatives to Monitoring; 
Sec. Sec.  63.9 and 63.10, Approval of Adjustments to Time Periods for 
Submitting Reports; Sec.  63.10(f), Approval of Minor Alternatives to 
Recordkeeping and Reporting; and Sec.  63.7(a)(4), Extension of 
Performance Test Deadline.

XI. What authority does the EPA have?

    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under section 112. In addition, the EPA may enforce any 
federally approved state rule, requirement, or program under 40 CFR 
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make 
certain decisions under the General Provisions (subpart A) of part 63. 
We are delegating to the DEQ some of these authorities, and retain 
others, as explained in sections VII and VIII above. In addition, the 
EPA may review and disapprove state determinations and subsequently 
require corrections. See 40 CFR 63.91(g)(1)(ii). EPA also has the 
authority to review DEQ's implementation and enforcement of approved 
rules or programs and to withdraw approval if we find inadequate 
implementation or enforcement. See 40 CFR 63.96.
    Furthermore, we retain the authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Finally, we retain the authorities stated in the October 9, 
2001, rulemaking, where the EPA took final action to fully approve the 
Arkansas Operating Permit Program. See 66 FR 51312.
    The updated 40 CFR part 63 standards being requested by DEQ are 
discussed in their request letter and supplemental letters to EPA, as 
noted in section VII above. A copy of each of these three letters is 
included in the docket for this action. A table of the updated NESHAP 
standards being requested may be found in the docket for this action. 
The table also shows the authorities that cannot be delegated to any 
state or local agency.

XII. Should sources submit notices to the EPA or DEQ?

    For the delegated part 63 standards and authorities covered by this 
final action, sources will submit all of the information required 
pursuant to the general provisions and the relevant subpart(s) of the 
delegated NESHAP (40 CFR part 63) directly via electronic submittal to 
online EPA database portals that are specified in each rule, and also 
as paper submittals to the DEQ at the following address: The Arkansas 
Department of Energy and Environment, Division of Environmental 
Quality, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317. 
The DEQ is the primary point of contact with respect to the delegated 
NESHAP. The EPA Region 6 waives the requirement that courtesy 
notifications and reports for delegated standards be submitted to the 
EPA in addition to DEQ in accordance with 40 CFR 63.9(a)(4)(ii) and 
63.10(a)(4)(ii).\2\ For those standards and authorities not delegated 
as discussed above, sources must continue to submit all appropriate 
information to the EPA.
---------------------------------------------------------------------------

    \2\ This waiver only extends to the submission of copies of 
notifications and reports; EPA does not waive the requirements in 
delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
---------------------------------------------------------------------------

XIII. How will unchanged authorities be delegated to DEQ in the future?

    Consistent with the EPA regulations and guidance,\3\ DEQ will only 
need to periodically submit a written request to EPA, Region 6, to 
update its approval of the delegation of authority to implement and 
enforce new or revised part 63 standards through its approved Title V 
permitting program. In such request, DEQ will reference the previous 
up-front approval demonstration, reaffirm that it still meets the up-
front approval criteria, and identify the new or revised part 63 
standards that will be delegated upon incorporation into Title V 
permits.
---------------------------------------------------------------------------

    \3\ See Hazardous Air Pollutants: Amendments to the Approval of 
State Programs and Delegation of Federal Authorities, Final Rule (65 
FR 55810, September 14, 2000); and ``Straight Delegation Issues 
Concerning Sections 111 and 112 Requirements and Title V,'' by John 
S. Seitz, Director of Air Quality Planning and Standards, EPA, dated 
December 10, 1993.
---------------------------------------------------------------------------

    The EPA will respond in writing to the request and take action in 
the Federal Register to inform the public and affected sources of the 
EPA's decision, indicate where source notifications and reports should 
be sent, and update 40 CFR 63.99(a)(4), amending the Arkansas table of 
delegated part 63 standards being implemented and enforced by DEQ.

XIV. Final Action

    In this action, because DEQ's request meets all requirements of CAA 
section 112(l) and 40 CFR 63.91, the EPA is approving their request for 
the updated delegation and the continued approval of the mechanism used 
to implement and enforce certain part 63 standards applicable to 
sources required to obtain a Title V (part 70) permit, as they existed 
though July 31, 2020.
    As for the part 63 standards which have not yet been incorporated 
into permits, DEQ's authority to implement and enforce new and revised 
part 63 standards under this delegation becomes effective when this 
action is finalized, and after the issuance of the appropriate 
federally enforceable permit containing those standards. DEQ's 
authority to implement and enforce new and revised part 63 standards 
under this delegation will become effective according to the procedures 
outlined in the MOA, a copy of which is included in the docket for this 
rulemaking.
    Nothing in this action should be construed as permitting, allowing, 
or establishing a precedent for any future request for revision to the 
approved delegation. Each request for revision to the approved 
delegation shall be considered separately in light of specific 
technical, economic, and environmental factors and in relation to 
relevant statutory and regulatory requirements.

XV. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects''

[[Page 52695]]

of their actions on minority populations and low-income populations to 
the greatest extent practicable and permitted by law. The EPA defines 
environmental justice (EJ) as ``the fair treatment and meaningful 
involvement of all people regardless of race, color, national origin, 
or income with respect to the development, implementation, and 
enforcement of environmental laws, regulations, and policies.'' The EPA 
further defines the term fair treatment to mean that ``no group of 
people should bear a disproportionate burden of environmental harms and 
risks, including those resulting from the negative environmental 
consequences of industrial, governmental, and commercial operations or 
programs and policies.'' \4\ EPA is providing additional analysis of 
environmental justice associated with this action. We are doing so for 
the purpose of providing information to the public, not as a basis of 
our final action.
---------------------------------------------------------------------------

    \4\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------

    EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within 
Arkansas.\5\ The EPA then compared the data to the national average for 
each of the demographic groups.\6\ The results of the demographic 
analysis indicate that, for populations within Arkansas, the percent 
people of color (persons who reported their race as a category other 
than White alone (not Hispanic or Latino)) is less than the national 
average (28.7 percent versus 40.7 percent). Within people of color, the 
percent of the population that is Black or African American alone is 
higher than the national average (15.7 percent versus 13.6 percent) and 
the percent of the population that is American Indian/Alaska Native is 
lower than the national average (1.0 percent versus 1.3 percent). The 
percent of the population that is two or more races is lower than the 
national averages (2.3 percent versus 2.9 percent). The percent of 
people living below the poverty level in Arkansas is higher than the 
national average (15.2 percent versus 11.4 percent). The percent of 
people over 25 with a high school diploma in Arkansas is similar to the 
national average (87.2 percent versus 88.5 percent), while the percent 
with a Bachelor's degree or higher is below the national average (23.8 
percent versus 32.9 percent). These populations and others residing in 
Arkansas may be vulnerable and subject to disproportionate impacts 
within the meaning of the Executive order described above.
---------------------------------------------------------------------------

    \5\ See the United States Census Bureau's QuickFacts on Arkansas 
at https://www.census.gov/quickfacts/fact/table/AR,US/PST045221.
    \6\ See the United States Census Bureau's QuickFacts on Arkansas 
at https://www.census.gov/quickfacts/fact/table/AR,US/PST045221.
---------------------------------------------------------------------------

    The authorities contained in the Arkansas air program to implement 
and enforce Federal section 112 rules as promulgated, without changes 
for both part 70 major sources and those area sources subject to Title 
V (part 70) permitting requirements, are adequate to assure compliance 
by sources within the State with respect to each applicable standard, 
regulation, or requirement established under section 112. This final 
action approves the requests from the State to update its NESHAP 
delegation under section 112 of the CAA. Final approval of the updated 
NESHAP delegation is necessary for the State of Arkansas to implement 
Federal requirements that ensure control strategies and permitting that 
will achieve emissions reductions and contribute to reduced 
environmental and health impacts on those residing, working, attending 
school, or otherwise present in vulnerable communities in Arkansas. 
This final rule is not anticipated to have disproportionately high or 
adverse human health or environmental effects on communities with 
environmental justice concerns because it should not result in or 
contribute to emissions increases in Arkansas.

XVI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, the EPA's role is to approve state choices, provided that 
they meet the criteria and objectives of the CAA and of the EPA's 
implementing regulations. Accordingly, this final action merely 
approves the State's request as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by State law. 
For that reason, this final action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 October 28, 2022. 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 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq


[[Page 52696]]


    Dated: August 18, 2022.
David Garcia,
Director, Air & Radiation Division, Region 6.

    For the reasons stated in the preamble, 40 CFR part 63 is amended 
as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (4) Arkansas. The following table lists the specific standards 
under this part that have been delegated unchanged to the Arkansas 
Department of Energy and Environment, Division of Environmental Quality 
(DEQ) for all sources subject to the Arkansas Title V operating permit 
program approved by EPA under section 502 of the Clean Air Act. The 
``X'' symbol is used to indicate each subpart that has been delegated. 
The delegations are subject to all of the conditions and limitations 
set forth in Federal law, regulations, policy, guidance, 
determinations, and the Memorandum of Agreement, dated September 17, 
2014, entered into between the DEQ and the U.S. Environmental 
Protection Agency, Region 6 (hereinafter ``EPA'') regarding section 
112, Clean Air Act Implementation. Some authorities cannot be delegated 
and are retained by the EPA. These include certain General Provisions 
authorities and specific parts of some standards. DEQ's authority to 
implement and enforce a delegated standard under this part is effective 
when the standard is incorporated into the source's Title V Operating 
Permit. Any amendments made to these rules after July 21, 2020, are not 
delegated.

     Delegation Status for Part 63 Standards--State of Arkansas \1\
------------------------------------------------------------------------
          Subpart                  Source category           DEQ \2\
------------------------------------------------------------------------
A..........................  General Provisions........               X
F..........................  Hazardous Organic NESHAP                 X
                              (HON)--Synthetic Organic
                              Chemical Manufacturing
                              Industry (SOCMI).
G..........................  HON--SOCMI Process Vents,                X
                              Storage Vessels, Transfer
                              Operations and Wastewater.
H..........................  HON--Equipment Leaks......               X
I..........................  HON--Certain Processes                   X
                              Negotiated Equipment Leak
                              Regulation.
J..........................  Polyvinyl Chloride and               (\3\)
                              Copolymers Production.
K..........................  (Reserved)................  ...............
L..........................  Coke Oven Batteries.......               X
M..........................  Perchloroethylene Dry                    X
                              Cleaning.
N..........................  Chromium Electroplating                  X
                              and Chromium Anodizing
                              Tanks.
O..........................  Ethylene Oxide Sterilizers               X
P..........................  (Reserved)................  ...............
Q..........................  Industrial Process Cooling               X
                              Towers.
R..........................  Gasoline Distribution.....               X
S..........................  Pulp and Paper Industry...               X
T..........................  Halogenated Solvent                      X
                              Cleaning.
U..........................  Group I Polymers and                     X
                              Resins.
V..........................  (Reserved)................  ...............
W..........................  Epoxy Resins Production                  X
                              and Non-Nylon Polyamides
                              Production.
X..........................  Secondary Lead Smelting...               X
Y..........................  Marine Tank Vessel Loading               X
Z..........................  (Reserved)................
AA.........................  Phosphoric Acid                          X
                              Manufacturing Plants.
BB.........................  Phosphate Fertilizers                    X
                              Production Plants.
CC.........................  Petroleum Refineries......               X
DD.........................  Off-Site Waste and                       X
                              Recovery Operations.
EE.........................  Magnetic Tape                            X
                              Manufacturing.
FF.........................  (Reserved)................
GG.........................  Aerospace Manufacturing                  X
                              and Rework Facilities.
HH.........................  Oil and Natural Gas                      X
                              Production Facilities.
II.........................  Shipbuilding and Ship                    X
                              Repair Facilities.
JJ.........................  Wood Furniture                           X
                              Manufacturing Operations.
KK.........................  Printing and Publishing                  X
                              Industry.
LL.........................  Primary Aluminum Reduction               X
                              Plants.
MM.........................  Chemical Recovery                        X
                              Combustion Sources at
                              Kraft, Soda, Sulfide, and
                              Stand-Alone Semichemical
                              Pulp Mills.
NN.........................  Wool Fiberglass             ...............
                              Manufacturing at Area
                              Sources.
OO.........................  Tanks-Level 1.............               X
PP.........................  Containers................               X
QQ.........................  Surface Impoundments......               X
RR.........................  Individual Drain Systems..               X
SS.........................  Closed Vent Systems,                     X
                              Control Devices, Recovery
                              Devices and Routing to a
                              Fuel Gas System or a
                              Process.
TT.........................  Equipment Leaks--Control                 X
                              Level 1.
UU.........................  Equipment Leaks--Control                 X
                              Level 2 Standards.
VV.........................  Oil--Water Separators and                X
                              Organic--Water Separators.
WW.........................  Storage Vessels (Tanks)--                X
                              Control Level 2.
XX.........................  Ethylene Manufacturing                   X
                              Process Units Heat
                              Exchange Systems and
                              Waste Operations.
YY.........................  Generic Maximum Achievable               X
                              Control Technology
                              Standards.
ZZ-BBB.....................  (Reserved)................  ...............

[[Page 52697]]

 
CCC........................  Steel Pickling--HCI                      X
                              Process Facilities and
                              Hydrochloric Acid
                              Regeneration.
DDD........................  Mineral Wool Production...               X
EEE........................  Hazardous Waste Combustors               X
FFF........................  (Reserved)................  ...............
GGG........................  Pharmaceuticals Production               X
HHH........................  Natural Gas Transmission                 X
                              and Storage Facilities.
III........................  Flexible Polyurethane Foam               X
                              Production.
JJJ........................  Group IV Polymers and                    X
                              Resins.
KKK........................  (Reserved)................  ...............
LLL........................  Portland Cement                          X
                              Manufacturing.
MMM........................  Pesticide Active                         X
                              Ingredient Production.
NNN........................  Wool Fiberglass                          X
                              Manufacturing.
OOO........................  Amino/Phenolic Resins.....               X
PPP........................  Polyether Polyols                        X
                              Production.
QQQ........................  Primary Copper Smelting...               X
RRR........................  Secondary Aluminum                       X
                              Production.
SSS........................  (Reserved)................  ...............
TTT........................  Primary Lead Smelting.....               X
UUU........................  Petroleum Refineries--                   X
                              Catalytic Cracking Units,
                              Catalytic Reforming Units
                              and Sulfur Recovery
                              Plants.
VVV........................  Publicly Owned Treatment                 X
                              Works (POTW).
WWW........................  (Reserved)................  ...............
XXX........................  Ferroalloys Production:                  X
                              Ferromanganese and
                              Silicomanganese.
AAAA.......................  Municipal Solid Waste                    X
                              Landfills.
CCCC.......................  Nutritional Yeast                        X
                              Manufacturing.
DDDD.......................  Plywood and Composite Wood           \4\ X
                              Products.
EEEE.......................  Organic Liquids                          X
                              Distribution.
FFFF.......................  Misc. Organic Chemical                   X
                              Production and Processes
                              (MON).
GGGG.......................  Solvent Extraction for                   X
                              Vegetable Oil Production.
HHHH.......................  Wet Formed Fiberglass Mat                X
                              Production.
IIII.......................  Auto & Light Duty Truck                  X
                              (Surface Coating).
JJJJ.......................  Paper and other Web                      X
                              (Surface Coating).
KKKK.......................  Metal Can (Surface                       X
                              Coating).
MMMM.......................  Misc. Metal Parts and                    X
                              Products (Surface
                              Coating).
NNNN.......................  Surface Coating of Large                 X
                              Appliances.
OOOO.......................  Fabric Printing, Coating,                X
                              and Dyeing.
PPPP.......................  Surface Coating of Plastic               X
                              Parts and Products.
QQQQ.......................  Surface Coating of Wood                  X
                              Building Products.
RRRR.......................  Surface Coating of Metal                 X
                              Furniture.
SSSS.......................  Surface Coating of Metal                 X
                              Coil.
TTTT.......................  Leather Finishing                        X
                              Operations.
UUUU.......................  Cellulose Products                       X
                              Manufacturing.
VVVV.......................  Boat Manufacturing........               X
WWWW.......................  Reinforced Plastic                       X
                              Composites Production.
XXXX.......................  Rubber Tire Manufacturing.               X
YYYY.......................  Stationary Combustion                    X
                              Turbines.
ZZZZ.......................  Reciprocating Internal                   X
                              Combustion Engines (RICE).
AAAAA......................  Lime Manufacturing Plants.               X
BBBBB......................  Semiconductor                            X
                              Manufacturing.
CCCCC......................  Coke Ovens: Pushing,                     X
                              Quenching and Battery
                              Stacks.
DDDDD......................  Industrial/Commercial/              \ 5\ X
                              Institutional Boilers and
                              Process Heaters.
EEEEE......................  Iron and Steel Foundries..               X
FFFFF......................  Integrated Iron and Steel.               X
GGGGG......................  Site Remediation..........               X
HHHHH......................  Miscellaneous Coating                    X
                              Manufacturing.
IIIII......................  Mercury Cell Chlor-Alkali                X
                              Plants.
JJJJJ......................  Brick and Structural Clay            \6\ X
                              Products Manufacturing.
KKKKK......................  Clay Ceramics                        \6\ X
                              Manufacturing.
LLLLL......................  Asphalt Roofing and                      X
                              Processing.
MMMMM......................  Flexible Polyurethane Foam               X
                              Fabrication Operation.
NNNNN......................  Hydrochloric Acid                        X
                              Production, Fumed Silica
                              Production.
OOOOO......................  (Reserved)................
PPPPP......................  Engine Test Facilities....               X
QQQQQ......................  Friction Products                        X
                              Manufacturing.
RRRRR......................  Taconite Iron Ore                        X
                              Processing.
SSSSS......................  Refractory Products                      X
                              Manufacture.
TTTTT......................  Primary Magnesium Refining               X
UUUUU......................  Coal and Oil-Fired                  \ 7\ X
                              Electric Utility Steam
                              Generating Units.
VVVVV......................  (Reserved)................  ...............
WWWWW......................  Hospital Ethylene Oxide     ...............
                              Sterilizers.
XXXXX......................  (Reserved)................  ...............
YYYYY......................  Electric Arc Furnace                     X
                              Steelmaking Area Sources.
ZZZZZ......................  Iron and Steel Foundries    ...............
                              Area Sources.

[[Page 52698]]

 
AAAAAA.....................  (Reserved)................  ...............
BBBBBB.....................  Gasoline Distribution Bulk  ...............
                              Terminals, Bulk Plants,
                              and Pipeline Facilities.
CCCCCC.....................  Gasoline Dispensing         ...............
                              Facilities.
DDDDDD.....................  Polyvinyl Chloride and      ...............
                              Copolymers Production
                              Area Sources.
EEEEEE.....................  Primary Copper Smelting                  X
                              Area Sources.
FFFFFF.....................  Secondary Copper Smelting                X
                              Area Sources.
GGGGGG.....................  Primary Nonferrous Metals                X
                              Area Sources: Zinc,
                              Cadmium, and Beryllium.
HHHHHH.....................  Paint Stripping and         ...............
                              Miscellaneous Surface
                              Coating Operations at
                              Area Sources.
IIIIII.....................  (Reserved)................  ...............
JJJJJJ.....................  Industrial, Commercial,     ...............
                              and Institutional
                              Boilers: Area Sources.
KKKKKK.....................  (Reserved)................  ...............
LLLLLL.....................  Acrylic and Modacrylic      ...............
                              Fibers Production Area
                              Sources.
MMMMMM.....................  Carbon Black Production                  X
                              Area Sources.
NNNNNN.....................  Chemical Manufacturing                   X
                              Area Sources: Chromium
                              Compounds.
OOOOOO.....................  Flexible Polyurethane Foam  ...............
                              Production and
                              Fabrication Area Sources.
PPPPPP.....................  Lead Acid Battery           ...............
                              Manufacturing Area
                              Sources.
QQQQQQ.....................  Wood Preserving Area        ...............
                              Sources.
RRRRRR.....................  Clay Ceramics               ...............
                              Manufacturing Area
                              Sources.
SSSSSS.....................  Glass Manufacturing Area                 X
                              Sources.
TTTTTT.....................  Secondary Nonferrous        ...............
                              Metals Processing Area
                              Sources.
UUUUUU.....................  (Reserved)................  ...............
VVVVVV.....................  Chemical Manufacturing                   X
                              Area Sources.
WWWWWW.....................  Plating and Polishing       ...............
                              Operations Area Sources.
XXXXXX.....................  Nine Metal Fabrication and  ...............
                              Finishing Categories Area
                              Sources.
YYYYYY.....................  Ferroalloys Production      ...............
                              Facilities Area Sources.
ZZZZZZ.....................  Aluminum, Copper, and       ...............
                              Other Nonferrous
                              Foundries Area Sources.
AAAAAAA....................  Asphalt Processing and      ...............
                              Asphalt Roofing
                              Manufacturing Area
                              Sources.
BBBBBBB....................  Chemical Preparations       ...............
                              Industry Area Sources.
CCCCCCC....................  Paints and Allied Products  ...............
                              Manufacturing Area
                              Sources.
DDDDDDD....................  Prepared Feeds              ...............
                              Manufacturing Area
                              Sources.
EEEEEEE....................  Gold Mine Ore Processing    ...............
                              and Production Area
                              Sources.
FFFFFFF....................  Reserved..................  ...............
GGGGGGG....................  Reserved..................  ...............
HHHHHHH....................  Polyvinyl Chloride and                   X
                              Copolymers Production.
------------------------------------------------------------------------
\1\ Program delegated to Arkansas Department of Energy and Environment,
  Division of Environmental Quality (DEQ).
\2\ Authorities which may not be delegated include: Sec.   63.6(g),
  Approval of Alternative Non-Opacity Emission Standards; Sec.
  63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
  63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
  Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and
  Reporting; and all authorities identified in the subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.
\3\ This subpart was vacated and remanded to EPA by the United States
  Court of Appeals for the District of Columbia Circuit. See, Mossville
  Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004).
  Because of the DC Court's holding, this subpart is not delegated to
  DEQ at this time.
\4\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR
  61060), by the United States Court of Appeals for the District of
  Columbia Circuit.
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
  7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
  26, 2015). Note that subpart KKKKK of this part was amended in
  response to a petition for reconsideration of the final rule. See 84
  FR 58601 (November 1, 2019).
\7\ Initial final rule. See 77 FR 9304 (February 16, 2012), as amended
  81 FR 20172 (April 6, 2016). Final supplemental finding that it is
  appropriate and necessary to regulate hazardous air pollutant (HAP)
  emissions from coal- and oil-fired electric utility steam generating
  units (EUSGU). See 81 FR 24420 (April 25, 2016).

[FR Doc. 2022-18179 Filed 8-26-22; 8:45 am]
BILLING CODE 6560-50-P