Air Plan Approval; Arkansas; Revisions to Rule 19 of the Arkansas Plan, 57014-57017 [2023-17944]
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules
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BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2022–0907; FRL–11174–
01–R6]
Air Plan Approval; Arkansas;
Revisions to Rule 19 of the Arkansas
Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve portions of the
revisions to the Arkansas State
Implementation Plan (SIP) including
revisions to the Arkansas Pollution
Control and Ecology Commission’s
(‘‘Commission’’ or APC&EC) Rule No.
19, Rules of the Arkansas Plan of
Implementation for Air Pollution
Control submitted by the Arkansas
Department of Energy and Environment,
Division of Environmental Quality
(DEQ) via the Arkansas Governor’s
Office on June 22, 2022. Most of the
revisions are administrative in nature
and make the SIP current with Federal
rules.
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SUMMARY:
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Written comments must be
received on or before September 21,
2023.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2022–0907, at https://
www.regulations.gov or via email to
steib.clovis@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Clovis Steib, 214–665–7566,
steib.clovis@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, Air
and Radiation Division, 214–665–7566,
steib.clovis@epa.gov. We encourage the
public to submit comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
DATES:
I. Background
The SIP is a set of air pollution
regulations, control strategies, and
technical analyses developed by the
state to implement, maintain, and
enforce the National Ambient Air
Quality Standards, or NAAQS, and to
fulfill other requirements of the Clean
Air Act. The NAAQS are established
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under section 109 of the Act, and they
currently address six criteria pollutants:
carbon monoxide, lead, nitrogen
dioxide, ozone, particulate matter, and
sulfur dioxide. The SIP is required by
Section 110 of the Act and can be
extensive, containing state regulations
or other enforceable documents and
supporting information such as
emission inventories, monitoring
networks, and modeling
demonstrations.
The Arkansas SIP is the air quality
protection strategy implemented by the
Department of Energy and
Environment’s Division of
Environmental Quality (DEQ) pursuant
to the CAA. The SIP consists of laws
and rules, nonregulatory and quasiregulatory measures, and other state
enforceable requirements codified at 40
CFR 52 subpart E. The Arkansas SIP is
federally enforceable. The Arkansas SIP
was first approved by the EPA in 1972
(37 FR 10841). All revisions to the SIP
require EPA approval.
On June 22, 2022, Arkansas submitted
to the EPA revisions to the Arkansas
SIP.1 The submitted revisions address
APC&EC Regulation 19, Rules of the
Arkansas Plan of Implementation for
Air Pollution Control, with
corresponding chapters and appendices.
The revisions restructure the regulations
and organize them as rules, such that
Regulation 19 becomes Rule 19, Rules of
the Arkansas Plan of Implementation
for Air Pollution Control, with
corresponding chapters and appendices.
The revisions also remove certain
outdated provisions and update other
provisions that are incorporated into
Regulation 19. Specific provisions to be
repealed are those in Chapter 10 of
APC&EC Regulation 19 regarding the
control of volatile organic compounds
(VOC) from certain source categories in
Pulaski County, provisions for the Clean
Air Interstate Rule (CAIR) in Chapter 14,
and informational provisions regarding
sources eligible or subject to best
available retrofit technology (BART)
requirements for Regional Haze in
Chapter 15.
Additionally, the submitted revisions
address regulatory provisions in
Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 16,
18, and Appendices A and B of
Regulation 19.2 These changes reflect
the current organizational structure of
ADEQ, remove outdated information,
and make non-substantive formatting
edits.
1 The cover letter on the submitted revisions is
dated May 12, 2022, but the submittal package was
not submitted to EPA until June 22, 2022.
2 See accompanying Technical Support Document
(TSD) available in the docket for this rulemaking.
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The submitted revisions to Chapter 10
also address an EPA-identified
deficiency within the Arkansas SIP
related to the 2015 Startup, Shutdown,
and Malfunction (SSM) SIP Call for
Regulation. 19.1004(H).3 The EPA plans
to address this matter in a separate
Federal Register action.
II. The EPA’s Evaluation
A. Regulation 19, Chapter 10—Control
of VOCs in Pulaski County
These rules address Pulaski County
because in March 1978, the EPA
designated Pulaski County, Arkansas, as
a nonattainment area for ozone (43 FR
8969, March 3, 1978). Pulaski County
subsequently met the ozone NAAQS
and in September 1984, the EPA
approved the State’s request to
redesignate Pulaski County to
attainment (49 FR 37753, September 26,
1984). Since redesignation, Pulaski
County has maintained compliance with
all the ozone NAAQS. In this action, we
are proposing to approve revisions to
Regulation 19.1001 and 19.1002 which
are non-substantive. We are also
proposing to approve the submitted
revisions to 19.1003 through 19.1006.
Although the submitted revisions to
19.1003 through 19.1006 are substantive
in nature, they are superseded by more
stringent federal requirements. VOC
emissions are not expected to increase
because existing and new sources
subject to Chapter 10 in Pulaski County
are subject to the more stringent federal
requirements for New Source
Performance Standards (NSPS) and
National Emission Standards for
Hazardous Air Pollutants (NESHAP).
The EPA’s analysis of the submitted
revisions, and confirmation that VOC
emissions will not increase, is included
in the TSD for this action. As a result,
consistent with CAA section 110(l), we
do not expect these revisions to interfere
with any applicable requirement
concerning attainment and reasonable
further progress or any other applicable
requirement of the Act.
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B. Regulation 19, Chapter 14—CAIR
Requirements
Provisions for the CAIR NOX Ozone
Season Trading Program were approved
into the Arkansas SIP on September 26,
2007 (72 FR 54556).4 On July 11, 2008,
the U.S. Court of Appeals for the District
3 See
‘‘State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of
EPA’s SSM Policy Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction,’’
(80 FR 33839, June 12, 2015).
4 Oxides of Nitrogen (NO ) and VOC are
X
precursors to ozone formation.
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of Columbia vacated and remanded the
CAIR program to the EPA. The
submitted revisions include the repeal
of the Regulation 19, Chapter 14 CAIR
provisions consistent with the court’s
decision. This revision is approvable
because there are no federal
requirements for the Arkansas SIP or
sources in Arkansas to continue
complying with the CAIR NOX Ozone
Season Trading Program or the
provisions in Rule, Chapter 14.
C. Regulation 19, Chapter 15—Best
Available Retrofit Technology
Arkansas Regulation 19, Chapter 15
was approved by the EPA into the SIP
on March 12, 2012,5 except for certain
portions of Regulation 19.1504 and
19.1505. The submitted revisions
address Regulation 19.1501, 19.1502,
19.1503, 19.1504, 19.1505, 19.1506, and
19.1507. We are proposing to approve
these revisions because they fall into
one or more of the following categories:
(1) the revisions are non-substantive
and/or are formatting edits; (2) the
revisions improve the readability of the
provision; (3) the revisions repeal
provisions that do not contain
enforceable requirements and as a result
are not required to be part of the SIP; or
(4) the revisions repeal provisions that
are not in the approved SIP. The
revisions to Chapter 15 do not repeal or
relax any existing control requirements
in the SIP and therefore the EPA does
not anticipate any emission increases
associated with the revisions to Chapter
15. Consistent with CAA section 110(l),
we do not expect these revisions to
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the Act. We
provide our analysis of the submitted
revisions to Chapter 15 in the
paragraphs that follow.
Regulation 19.1501
‘‘Purpose’’
Regulation 19.1501 states the purpose
of Regulation 19, Chapter 15, but does
not contain enforceable requirements.
The submitted revisions to Regulation
19.1501 provide a more precise
description of the purpose of Chapter
15. Therefore, we are proposing to
approve these submitted revisions to
Regulation 19.1501.
Regulation 19.1502
‘‘Definitions’’
The submitted revisions to Regulation
19.1502 are non-substantive formatting
edits. We are proposing to approve the
submitted revisions to Regulation
19.1502.
5 See
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Regulation 19.1503 ‘‘BART Eligible
Sources’’
Arkansas Regulation 19.1503
identifies the BART-eligible sources
within the State. The submitted revision
to Regulation 19.1503 repeals the
provision in its entirety and places the
subsection in reserve. Arkansas
explained in Appendix A of the
submitted revisions that Regulation
19.1503 consists of an informational
table that does not contain enforceable
requirements and is not necessary to
identify the sources subject to the
requirements of Chapter 15 that are in
the SIP, as identified in Rule 19.1505.6
Furthermore, the informational table in
Rule 19.1503 is also contained in the
SIP submittal narrative for the Arkansas
Regional Haze Planning Period 1, Phase
II SIP revision, which the EPA
previously approved.7 The repeal of
Regulation 19.1503 does not change the
State’s determination of BART-eligible
sources in Arkansas. Thus, we are
proposing to approve the submitted
revision to Regulation 19.1503.
Regulation 19.1504 ‘‘Facilities Subject
to BART’’
Regulation 19.1504 consists of
Regulation 19.1504(A), (B), and (C). The
submitted revisions to Regulation
19.1504 repeal and move provisions and
place the subsection in reserve. The
submitted revisions repeal Regulation
19.1504(A) and move the provisions of
Regulation 19.1504(B) and (C) to
Regulation 19.1506 with edits to the
language.
Arkansas explained in Appendix A of
the submitted revisions that Regulation
19.1504(A) consists of an informational
table that identifies the sources in
Arkansas that are subject to BART but
the table itself does not contain any
enforceable requirements.8 Regulation
19.1504(A) is not necessary to identify
the sources subject to the requirements
of Chapter 15 that are in the SIP, as
those sources are identified in
Regulation 19.1505.9 Furthermore, the
informational table in Regulation
19.1504(A) is also contained in the SIP
submittal narrative for the Arkansas
Regional Haze Planning Period 1, Phase
II SIP revision, which the EPA approved
6 See ‘‘Appendix A: Technical Support
Document, Changes to the Rules of the State
Implementation Plan,’’ pages 5–6. Appendix A is
part of the submitted revisions and is found in the
docket for this proposed rulemaking.
7 See 84 FR 51033 (September 27, 2019).
8 ‘‘Appendix A: Technical Support Document,
Changes to the Rules of the State Implementation
Plan,’’ pages 5–6. Appendix A is part of the
submitted revision and is found in the docket for
this proposed rulemaking.
9 Ibid.
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in a final rule.10 Thus, the repeal of
Regulation 19.1504(A) does not change
the State’s determination of subject-toBART sources in Arkansas. We are
proposing to approve the revision to
Regulation 19.1504(A).
Regulation 19.1504(B) contains BART
compliance date requirements. The
submitted revisions to Regulation
19.1504(B) move Regulation 19.1504(B)
to Regulation 19.1506(A) with nonsubstantive revisions to the language
and deletion of the portion not in the
approved SIP.11 Regulation 19.1504(C)
contains provisions requiring sources
subject to BART to maintain the control
equipment required by Chapter 15 and
to establish procedures to ensure such
equipment is properly operated and
maintained. The submitted revisions to
Regulation 19.1504(C) move these
provisions to Regulation 19.1506(B) and
(C) with non-substantive revisions to the
language. Moving the provisions in Rule
19.1504(B) and (C) to Rule 19.1506(A),
(B) and (C) results in the consolidation
of the compliance provisions for sources
subject to the requirements of Chapter
15. For these reasons, we are proposing
to approve the revisions to Regulation
19.1504(B) and (C).
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Regulation 19.1505 ‘‘Best Available
Retrofit Technology Requirements’’
Arkansas Regulation 19.1505 consists
of BART emission limits for subject-toBART sources in Arkansas that are
subject to the requirements of Chapter
15. The submitted revisions make a
minor amendment to the title of
Regulation 19.1505, remove all
provisions that are not currently in the
approved SIP,12 and restructure and
make other non-substantive edits to the
provisions in the approved SIP. Because
of our prior disapproval,13 the following
provisions were never approved into the
Arkansas SIP and thus, the State’s
removal of this language from its State
rules is a non-substantive change:
Regulation 19.1505(A)(1) and (A)(2);
19.1505(B); 19.1505(C); 19.1505(D)(1)
and (D)(2); 19.1505(E)(1), (E)(2), and
(E)(3); 19.1505(F)(1) and (F)(2);
19.1505(G)(1) and (G)(2); 19.1505(H);
19.1505(I)(1) and (I)(2); 19.1505(J)(1)
and (J)(2); 19.1505(K); 19.1505(L);
19.1505(M)(1); and 19.1505(N)(1),
(N)(2), and (N)(3). Because these
10 See
84 FR 51033 (September 27, 2019).
a portion of Rule 19.1504(B) is in the
approved SIP. This portion is the requirement for
each source subject to BART to install and operate
BART as expeditiously as practicable, but in no
event later than 5 years after the EPA approval of
that source’s BART determination. (See 77 FR
14604, 14675, March 12, 2012).
12 77 FR 14604, 14675.
13 77 FR 14604, 14675.
11 Only
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submitted revisions delete previously
disapproved language, we are proposing
to remove our prior disapproval of the
provisions of Regulation 19.1505 (77 FR
14604).
The submitted revisions also remove
Regulation 19.1505(D)(3). This
provision was approved by the EPA at
77 FR 14604, and therefore, the repeal
of Regulation 19.1505(D)(3) is a
substantive change. In a final rule
published on March 22, 2021, we
approved BART alternative
requirements under 40 CFR 51.308(e)(2)
that replaced the provision under
Regulation 19.1505(D)(3).14 Therefore,
the repeal of Regulation 19.1503(D)(3)
does not relax any existing requirements
in the SIP. In fact, it is necessary for
Arkansas to remove Regulation
19.1505(D)(3) from its State rules and
the SIP given that the BART
requirements contained in Regulation
19.1505(D)(3) have been replaced.15 For
this reason, we are proposing to approve
the submitted revision to repeal
Regulation 19.1505(D)(3).
The submitted revisions also
restructure some of the remaining
provisions under Regulation 19.1505,
which results in greater clarity and
concision of those provisions.
Therefore, we are proposing to approve
these revisions.
Regulation 19.1506 ‘‘Compliance
Provisions’’
Regulation 19.1506 consists of
compliance provisions for sources
subject to the requirements of Chapter
15. The submitted revisions update and
consolidate the compliance
requirements that were previously in
Regulation 19.1504(B) 16 and (C) with
edits that are non-substantive. For these
reasons, we are proposing to approve
the submitted revisions to Regulation
19.1506.
Regulation 19.1507 ‘‘Permit
Reopening’’
Regulation 19.1507 is a provision that
makes subject-to-BART sources subject
to reopening of their permit to
incorporate the requirements of
Regulation 19.1505. The submitted
revision to Regulation 19.1507 repeals
14 The EPA finalized approval of the State’s
withdrawal of the PM10 BART determination of
0.07 lb/MMBtu for Ashdown Mill #1 Power Boiler,
SN–03 and approved its replacement with the
PM10 BART alternative limit in the Arkansas
Regional Haze Phase III SIP submittal (See 86 FR
15104, 15130, March 22, 2021).
15 The current BART requirements approved in
the SIP for Domtar Ashdown Mill #1 Power Boiler,
SN–03 are found in Permit #0287–AOP–R22. (See
86 FR at 15131).
16 As discussed earlier, only a portion of
Regulation 19.1504(B) is in the approved SIP.
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the provision in its entirety and places
the subsection in reserve. Although the
revision is substantive, it does not relax
any existing requirements in the SIP.
Arkansas explained in Appendix A of
the submitted revisions that this
provision is no longer relevant as the
only requirements that remain in
Regulation 19.1505 are based on
existing permit conditions.17 For this
reason, we are proposing to approve the
submitted revision to Regulation
19.1507.
D. CAA Section 110(l) Evaluation
The submitted revisions to Regulation
19 add clarity, consistency, and overall
strengthen the Arkansas SIP. The
revisions do not relax the current SIP
approved rules and are consistent with
Federal regulations. Therefore, and
consistent with CAA section 110(l), we
do not expect these revisions to interfere
with any applicable requirement
concerning attainment and reasonable
further progress or any other applicable
requirement of the Act.
III. Proposed Action
For the reasons described in this
action and in the TSD, we are proposing
to approve a portion of revisions to the
Arkansas SIP submitted on June 22,
2022. Specifically, we are proposing to
approve the following submitted
revisions to Regulation 19: renaming
Regulation 19 as Rule 19; revisions to
Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 15,
and Appendices A and B of Regulation
19. We are also proposing to approve
the partial repeal of Regulation 19,
Chapter 10 and repeal of Regulation 19,
Chapters 14, and 16; and the new
provision of Regulation 19, Chapter 18.
We are proposing to approve these
revisions in accordance with section
110 of the Act.
IV. Environmental Justice
Considerations
The EPA reviewed demographic data
for groups of populations living within
Pulaski County, Arkansas. The EPA
then compared the data to the State of
Arkansas and the national average for
each of the demographic groups. The
results of this analysis are being
provided for information and
transparency purposes. The results of
the demographic analysis indicate that
that for populations living within
Pulaski County, the percent people of
color (persons who reported their race
17 See ‘‘Appendix A: Technical Support
Document, Changes to the Rules of the State
Implementation Plan,’’ page 6. Appendix A is part
of the Arkansas SIP submittal dated May 12, 2022
and is found in the docket for this proposed
rulemaking.
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as a category other than white alone (not
Hispanic or Latino)) is above the
national average for Pulaski County; and
below the national average for the State
of Arkansas as a whole (49.3 and 28.7
percent, respectively versus 40.7
percent). Within people of color, the
percent of the population that is Black
or African American alone is
significantly above the national average
for Pulaski County and above the
national average for the State as a whole
(38.3 and 15.7 percent, respectively
versus 13.6 percent), and the percent of
the population that is American Indian/
Alaska Native is below the national
average for both Pulaski County and the
State as a whole (0.5 and 1.1 percent,
respectively versus 1.3 percent).
This proposed action revises portions
of the Arkansas SIP including revisions
to Rule 19 of the Arkansas Plan of
Implementation for Air control. We
expect that this action and resulting
emissions reductions will generally be
neutral or contribute to reduced
environmental and health impacts on all
populations in the State of Arkansas,
including people of color and lowincome populations. The proposed
revisions will provide updates to the
SIP and improve clarity in the SIP so
that the public can read and understand
what is currently in the SIP. Further,
there is no information in the record
indicating that this action is expected to
have disproportionately high or adverse
human health or environmental effects
on a particular group of people.
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V. Incorporation by Reference
In this action, we are proposing to
include in a final rule regulatory text
that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, we are
proposing to incorporate by reference
revisions to the Arkansas regulations as
described in Sections II, The EPA’s
Evaluation, and III, Proposed Action, of
this preamble. These state regulations
contain the air pollution control
provisions for the State of Arkansas. We
have made, and will continue to make,
these documents generally available
electronically through
www.regulations.gov (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• 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.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
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
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57017
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.’’ 18 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.’’ 19
ADEQ did not evaluate
Environmental Justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA performed an EJ
analysis, as is described earlier in the
section titled, ‘‘Environmental Justice
Considerations.’’ The analysis was done
for the purpose of providing additional
context and information about this
rulemaking to the public, not as a basis
of the action. Due to the nature of the
action being taken here, this action is
expected to have a neutral to positive
impact on the air quality of the affected
area. In addition, there is no information
in the record upon which this decision
is based inconsistent with the stated
goal of E.O. 12898 of achieving EJ for
people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ammonia, Carbon
oxides, Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 15, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023–17944 Filed 8–21–23; 8:45 am]
BILLING CODE 6560–50–P
18 See https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
19 https://www.epa.gov/environmentaljustice/
learn-about-environmental-justice.
E:\FR\FM\22AUP1.SGM
22AUP1
]]>Agencies
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57014-57017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17944]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2022-0907; FRL-11174-01-R6]
Air Plan Approval; Arkansas; Revisions to Rule 19 of the Arkansas
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve portions
of the revisions to the Arkansas State Implementation Plan (SIP)
including revisions to the Arkansas Pollution Control and Ecology
Commission's (``Commission'' or APC&EC) Rule No. 19, Rules of the
Arkansas Plan of Implementation for Air Pollution Control submitted by
the Arkansas Department of Energy and Environment, Division of
Environmental Quality (DEQ) via the Arkansas Governor's Office on June
22, 2022. Most of the revisions are administrative in nature and make
the SIP current with Federal rules.
DATES: Written comments must be received on or before September 21,
2023.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2022-0907, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Clovis Steib, 214-665-
7566, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, Air and Radiation Division, 214-665-
7566, [email protected]. We encourage the public to submit comments
via https://www.regulations.gov. Please call or email the contact
listed above if you need alternative access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The SIP is a set of air pollution regulations, control strategies,
and technical analyses developed by the state to implement, maintain,
and enforce the National Ambient Air Quality Standards, or NAAQS, and
to fulfill other requirements of the Clean Air Act. The NAAQS are
established under section 109 of the Act, and they currently address
six criteria pollutants: carbon monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur dioxide. The SIP is required by
Section 110 of the Act and can be extensive, containing state
regulations or other enforceable documents and supporting information
such as emission inventories, monitoring networks, and modeling
demonstrations.
The Arkansas SIP is the air quality protection strategy implemented
by the Department of Energy and Environment's Division of Environmental
Quality (DEQ) pursuant to the CAA. The SIP consists of laws and rules,
nonregulatory and quasi-regulatory measures, and other state
enforceable requirements codified at 40 CFR 52 subpart E. The Arkansas
SIP is federally enforceable. The Arkansas SIP was first approved by
the EPA in 1972 (37 FR 10841). All revisions to the SIP require EPA
approval.
On June 22, 2022, Arkansas submitted to the EPA revisions to the
Arkansas SIP.\1\ The submitted revisions address APC&EC Regulation 19,
Rules of the Arkansas Plan of Implementation for Air Pollution Control,
with corresponding chapters and appendices. The revisions restructure
the regulations and organize them as rules, such that Regulation 19
becomes Rule 19, Rules of the Arkansas Plan of Implementation for Air
Pollution Control, with corresponding chapters and appendices. The
revisions also remove certain outdated provisions and update other
provisions that are incorporated into Regulation 19. Specific
provisions to be repealed are those in Chapter 10 of APC&EC Regulation
19 regarding the control of volatile organic compounds (VOC) from
certain source categories in Pulaski County, provisions for the Clean
Air Interstate Rule (CAIR) in Chapter 14, and informational provisions
regarding sources eligible or subject to best available retrofit
technology (BART) requirements for Regional Haze in Chapter 15.
---------------------------------------------------------------------------
\1\ The cover letter on the submitted revisions is dated May 12,
2022, but the submittal package was not submitted to EPA until June
22, 2022.
---------------------------------------------------------------------------
Additionally, the submitted revisions address regulatory provisions
in Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 16, 18, and Appendices A
and B of Regulation 19.\2\ These changes reflect the current
organizational structure of ADEQ, remove outdated information, and make
non-substantive formatting edits.
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\2\ See accompanying Technical Support Document (TSD) available
in the docket for this rulemaking.
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[[Page 57015]]
The submitted revisions to Chapter 10 also address an EPA-
identified deficiency within the Arkansas SIP related to the 2015
Startup, Shutdown, and Malfunction (SSM) SIP Call for Regulation.
19.1004(H).\3\ The EPA plans to address this matter in a separate
Federal Register action.
---------------------------------------------------------------------------
\3\ See ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' (80 FR 33839, June 12, 2015).
---------------------------------------------------------------------------
II. The EPA's Evaluation
A. Regulation 19, Chapter 10--Control of VOCs in Pulaski County
These rules address Pulaski County because in March 1978, the EPA
designated Pulaski County, Arkansas, as a nonattainment area for ozone
(43 FR 8969, March 3, 1978). Pulaski County subsequently met the ozone
NAAQS and in September 1984, the EPA approved the State's request to
redesignate Pulaski County to attainment (49 FR 37753, September 26,
1984). Since redesignation, Pulaski County has maintained compliance
with all the ozone NAAQS. In this action, we are proposing to approve
revisions to Regulation 19.1001 and 19.1002 which are non-substantive.
We are also proposing to approve the submitted revisions to 19.1003
through 19.1006. Although the submitted revisions to 19.1003 through
19.1006 are substantive in nature, they are superseded by more
stringent federal requirements. VOC emissions are not expected to
increase because existing and new sources subject to Chapter 10 in
Pulaski County are subject to the more stringent federal requirements
for New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP). The EPA's analysis of
the submitted revisions, and confirmation that VOC emissions will not
increase, is included in the TSD for this action. As a result,
consistent with CAA section 110(l), we do not expect these revisions to
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
Act.
B. Regulation 19, Chapter 14--CAIR Requirements
Provisions for the CAIR NOX Ozone Season Trading Program
were approved into the Arkansas SIP on September 26, 2007 (72 FR
54556).\4\ On July 11, 2008, the U.S. Court of Appeals for the District
of Columbia vacated and remanded the CAIR program to the EPA. The
submitted revisions include the repeal of the Regulation 19, Chapter 14
CAIR provisions consistent with the court's decision. This revision is
approvable because there are no federal requirements for the Arkansas
SIP or sources in Arkansas to continue complying with the CAIR
NOX Ozone Season Trading Program or the provisions in Rule,
Chapter 14.
---------------------------------------------------------------------------
\4\ Oxides of Nitrogen (NOX) and VOC are precursors
to ozone formation.
---------------------------------------------------------------------------
C. Regulation 19, Chapter 15--Best Available Retrofit Technology
Arkansas Regulation 19, Chapter 15 was approved by the EPA into the
SIP on March 12, 2012,\5\ except for certain portions of Regulation
19.1504 and 19.1505. The submitted revisions address Regulation
19.1501, 19.1502, 19.1503, 19.1504, 19.1505, 19.1506, and 19.1507. We
are proposing to approve these revisions because they fall into one or
more of the following categories: (1) the revisions are non-substantive
and/or are formatting edits; (2) the revisions improve the readability
of the provision; (3) the revisions repeal provisions that do not
contain enforceable requirements and as a result are not required to be
part of the SIP; or (4) the revisions repeal provisions that are not in
the approved SIP. The revisions to Chapter 15 do not repeal or relax
any existing control requirements in the SIP and therefore the EPA does
not anticipate any emission increases associated with the revisions to
Chapter 15. Consistent with CAA section 110(l), we do not expect these
revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. We provide our analysis of the submitted
revisions to Chapter 15 in the paragraphs that follow.
---------------------------------------------------------------------------
\5\ See 77 FR 14603 (March 12, 2012).
---------------------------------------------------------------------------
Regulation 19.1501 ``Purpose''
Regulation 19.1501 states the purpose of Regulation 19, Chapter 15,
but does not contain enforceable requirements. The submitted revisions
to Regulation 19.1501 provide a more precise description of the purpose
of Chapter 15. Therefore, we are proposing to approve these submitted
revisions to Regulation 19.1501.
Regulation 19.1502 ``Definitions''
The submitted revisions to Regulation 19.1502 are non-substantive
formatting edits. We are proposing to approve the submitted revisions
to Regulation 19.1502.
Regulation 19.1503 ``BART Eligible Sources''
Arkansas Regulation 19.1503 identifies the BART-eligible sources
within the State. The submitted revision to Regulation 19.1503 repeals
the provision in its entirety and places the subsection in reserve.
Arkansas explained in Appendix A of the submitted revisions that
Regulation 19.1503 consists of an informational table that does not
contain enforceable requirements and is not necessary to identify the
sources subject to the requirements of Chapter 15 that are in the SIP,
as identified in Rule 19.1505.\6\ Furthermore, the informational table
in Rule 19.1503 is also contained in the SIP submittal narrative for
the Arkansas Regional Haze Planning Period 1, Phase II SIP revision,
which the EPA previously approved.\7\ The repeal of Regulation 19.1503
does not change the State's determination of BART-eligible sources in
Arkansas. Thus, we are proposing to approve the submitted revision to
Regulation 19.1503.
---------------------------------------------------------------------------
\6\ See ``Appendix A: Technical Support Document, Changes to the
Rules of the State Implementation Plan,'' pages 5-6. Appendix A is
part of the submitted revisions and is found in the docket for this
proposed rulemaking.
\7\ See 84 FR 51033 (September 27, 2019).
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Regulation 19.1504 ``Facilities Subject to BART''
Regulation 19.1504 consists of Regulation 19.1504(A), (B), and (C).
The submitted revisions to Regulation 19.1504 repeal and move
provisions and place the subsection in reserve. The submitted revisions
repeal Regulation 19.1504(A) and move the provisions of Regulation
19.1504(B) and (C) to Regulation 19.1506 with edits to the language.
Arkansas explained in Appendix A of the submitted revisions that
Regulation 19.1504(A) consists of an informational table that
identifies the sources in Arkansas that are subject to BART but the
table itself does not contain any enforceable requirements.\8\
Regulation 19.1504(A) is not necessary to identify the sources subject
to the requirements of Chapter 15 that are in the SIP, as those sources
are identified in Regulation 19.1505.\9\ Furthermore, the informational
table in Regulation 19.1504(A) is also contained in the SIP submittal
narrative for the Arkansas Regional Haze Planning Period 1, Phase II
SIP revision, which the EPA approved
[[Page 57016]]
in a final rule.\10\ Thus, the repeal of Regulation 19.1504(A) does not
change the State's determination of subject-to-BART sources in
Arkansas. We are proposing to approve the revision to Regulation
19.1504(A).
---------------------------------------------------------------------------
\8\ ``Appendix A: Technical Support Document, Changes to the
Rules of the State Implementation Plan,'' pages 5-6. Appendix A is
part of the submitted revision and is found in the docket for this
proposed rulemaking.
\9\ Ibid.
\10\ See 84 FR 51033 (September 27, 2019).
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Regulation 19.1504(B) contains BART compliance date requirements.
The submitted revisions to Regulation 19.1504(B) move Regulation
19.1504(B) to Regulation 19.1506(A) with non-substantive revisions to
the language and deletion of the portion not in the approved SIP.\11\
Regulation 19.1504(C) contains provisions requiring sources subject to
BART to maintain the control equipment required by Chapter 15 and to
establish procedures to ensure such equipment is properly operated and
maintained. The submitted revisions to Regulation 19.1504(C) move these
provisions to Regulation 19.1506(B) and (C) with non-substantive
revisions to the language. Moving the provisions in Rule 19.1504(B) and
(C) to Rule 19.1506(A), (B) and (C) results in the consolidation of the
compliance provisions for sources subject to the requirements of
Chapter 15. For these reasons, we are proposing to approve the
revisions to Regulation 19.1504(B) and (C).
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\11\ Only a portion of Rule 19.1504(B) is in the approved SIP.
This portion is the requirement for each source subject to BART to
install and operate BART as expeditiously as practicable, but in no
event later than 5 years after the EPA approval of that source's
BART determination. (See 77 FR 14604, 14675, March 12, 2012).
---------------------------------------------------------------------------
Regulation 19.1505 ``Best Available Retrofit Technology Requirements''
Arkansas Regulation 19.1505 consists of BART emission limits for
subject-to-BART sources in Arkansas that are subject to the
requirements of Chapter 15. The submitted revisions make a minor
amendment to the title of Regulation 19.1505, remove all provisions
that are not currently in the approved SIP,\12\ and restructure and
make other non-substantive edits to the provisions in the approved SIP.
Because of our prior disapproval,\13\ the following provisions were
never approved into the Arkansas SIP and thus, the State's removal of
this language from its State rules is a non-substantive change:
Regulation 19.1505(A)(1) and (A)(2); 19.1505(B); 19.1505(C);
19.1505(D)(1) and (D)(2); 19.1505(E)(1), (E)(2), and (E)(3);
19.1505(F)(1) and (F)(2); 19.1505(G)(1) and (G)(2); 19.1505(H);
19.1505(I)(1) and (I)(2); 19.1505(J)(1) and (J)(2); 19.1505(K);
19.1505(L); 19.1505(M)(1); and 19.1505(N)(1), (N)(2), and (N)(3).
Because these submitted revisions delete previously disapproved
language, we are proposing to remove our prior disapproval of the
provisions of Regulation 19.1505 (77 FR 14604).
---------------------------------------------------------------------------
\12\ 77 FR 14604, 14675.
\13\ 77 FR 14604, 14675.
---------------------------------------------------------------------------
The submitted revisions also remove Regulation 19.1505(D)(3). This
provision was approved by the EPA at 77 FR 14604, and therefore, the
repeal of Regulation 19.1505(D)(3) is a substantive change. In a final
rule published on March 22, 2021, we approved BART alternative
requirements under 40 CFR 51.308(e)(2) that replaced the provision
under Regulation 19.1505(D)(3).\14\ Therefore, the repeal of Regulation
19.1503(D)(3) does not relax any existing requirements in the SIP. In
fact, it is necessary for Arkansas to remove Regulation 19.1505(D)(3)
from its State rules and the SIP given that the BART requirements
contained in Regulation 19.1505(D)(3) have been replaced.\15\ For this
reason, we are proposing to approve the submitted revision to repeal
Regulation 19.1505(D)(3).
---------------------------------------------------------------------------
\14\ The EPA finalized approval of the State's withdrawal of the
PM10 BART determination of 0.07 lb/MMBtu for Ashdown Mill #1 Power
Boiler, SN-03 and approved its replacement with the PM10 BART
alternative limit in the Arkansas Regional Haze Phase III SIP
submittal (See 86 FR 15104, 15130, March 22, 2021).
\15\ The current BART requirements approved in the SIP for
Domtar Ashdown Mill #1 Power Boiler, SN-03 are found in Permit
#0287-AOP-R22. (See 86 FR at 15131).
---------------------------------------------------------------------------
The submitted revisions also restructure some of the remaining
provisions under Regulation 19.1505, which results in greater clarity
and concision of those provisions. Therefore, we are proposing to
approve these revisions.
Regulation 19.1506 ``Compliance Provisions''
Regulation 19.1506 consists of compliance provisions for sources
subject to the requirements of Chapter 15. The submitted revisions
update and consolidate the compliance requirements that were previously
in Regulation 19.1504(B) \16\ and (C) with edits that are non-
substantive. For these reasons, we are proposing to approve the
submitted revisions to Regulation 19.1506.
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\16\ As discussed earlier, only a portion of Regulation
19.1504(B) is in the approved SIP.
---------------------------------------------------------------------------
Regulation 19.1507 ``Permit Reopening''
Regulation 19.1507 is a provision that makes subject-to-BART
sources subject to reopening of their permit to incorporate the
requirements of Regulation 19.1505. The submitted revision to
Regulation 19.1507 repeals the provision in its entirety and places the
subsection in reserve. Although the revision is substantive, it does
not relax any existing requirements in the SIP. Arkansas explained in
Appendix A of the submitted revisions that this provision is no longer
relevant as the only requirements that remain in Regulation 19.1505 are
based on existing permit conditions.\17\ For this reason, we are
proposing to approve the submitted revision to Regulation 19.1507.
---------------------------------------------------------------------------
\17\ See ``Appendix A: Technical Support Document, Changes to
the Rules of the State Implementation Plan,'' page 6. Appendix A is
part of the Arkansas SIP submittal dated May 12, 2022 and is found
in the docket for this proposed rulemaking.
---------------------------------------------------------------------------
D. CAA Section 110(l) Evaluation
The submitted revisions to Regulation 19 add clarity, consistency,
and overall strengthen the Arkansas SIP. The revisions do not relax the
current SIP approved rules and are consistent with Federal regulations.
Therefore, and consistent with CAA section 110(l), we do not expect
these revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act.
III. Proposed Action
For the reasons described in this action and in the TSD, we are
proposing to approve a portion of revisions to the Arkansas SIP
submitted on June 22, 2022. Specifically, we are proposing to approve
the following submitted revisions to Regulation 19: renaming Regulation
19 as Rule 19; revisions to Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13,
15, and Appendices A and B of Regulation 19. We are also proposing to
approve the partial repeal of Regulation 19, Chapter 10 and repeal of
Regulation 19, Chapters 14, and 16; and the new provision of Regulation
19, Chapter 18. We are proposing to approve these revisions in
accordance with section 110 of the Act.
IV. Environmental Justice Considerations
The EPA reviewed demographic data for groups of populations living
within Pulaski County, Arkansas. The EPA then compared the data to the
State of Arkansas and the national average for each of the demographic
groups. The results of this analysis are being provided for information
and transparency purposes. The results of the demographic analysis
indicate that that for populations living within Pulaski County, the
percent people of color (persons who reported their race
[[Page 57017]]
as a category other than white alone (not Hispanic or Latino)) is above
the national average for Pulaski County; and below the national average
for the State of Arkansas as a whole (49.3 and 28.7 percent,
respectively versus 40.7 percent). Within people of color, the percent
of the population that is Black or African American alone is
significantly above the national average for Pulaski County and above
the national average for the State as a whole (38.3 and 15.7 percent,
respectively versus 13.6 percent), and the percent of the population
that is American Indian/Alaska Native is below the national average for
both Pulaski County and the State as a whole (0.5 and 1.1 percent,
respectively versus 1.3 percent).
This proposed action revises portions of the Arkansas SIP including
revisions to Rule 19 of the Arkansas Plan of Implementation for Air
control. We expect that this action and resulting emissions reductions
will generally be neutral or contribute to reduced environmental and
health impacts on all populations in the State of Arkansas, including
people of color and low-income populations. The proposed revisions will
provide updates to the SIP and improve clarity in the SIP so that the
public can read and understand what is currently in the SIP. Further,
there is no information in the record indicating that this action is
expected to have disproportionately high or adverse human health or
environmental effects on a particular group of people.
V. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Arkansas regulations as described in
Sections II, The EPA's Evaluation, and III, Proposed Action, of this
preamble. These state regulations contain the air pollution control
provisions for the State of Arkansas. We have made, and will continue
to make, these documents generally available electronically through
www.regulations.gov (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11,
2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' 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.'' \18\ 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.'' \19\
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\18\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
\19\ https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
---------------------------------------------------------------------------
ADEQ did not evaluate Environmental Justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. The EPA performed an
EJ analysis, as is described earlier in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
In addition, there is no information in the record upon which this
decision is based inconsistent with the stated goal of E.O. 12898 of
achieving EJ for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia, Carbon
oxides, Incorporation by reference, Intergovernmental relations, Lead,
Nitrogen oxides, Ozone, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 15, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-17944 Filed 8-21-23; 8:45 am]
BILLING CODE 6560-50-P
