Air Plan Approval; Arkansas; Excess Emissions, 72686-72688 [2023-23256]
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72686
Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations
permits the Secretary to designate any
regulatory provision as one that an
entity subject to the provision may
choose to implement earlier and to
outline the conditions for early
implementation.
On July 10, 2023, the Department
published in the Federal Register a final
rule amending regulations related to
income-driven repayment (88 FR
43820). In that final rule, we designated
certain provisions for early
implementation.
The Secretary is exercising his
authority under section 482(c) of the
HEA to designate an additional
regulatory change made in that final
rule for early implementation beginning
on October 23, 2023.
The Secretary is designating for early
implementation the change to the
process for a borrower re-enrolling in
the Revised Pay As You Earn (REPAYE)
repayment plan, which is now also
known as the Saving on a Valuable
Education (SAVE) repayment plan, after
previously being enrolled in a different
plan. Under current 34 CFR
685.209(c)(4)(vi)(D) and (E), a borrower
returning to REPAYE must provide
documentation of income for the years
in which the borrower was not on
REPAYE. Section 685.209(e) of the final
rule, which will become effective on
July 1, 2024, employs a simpler process
that does not require documentation of
prior years’ income information. See 88
FR 43820, 43901. On October 23, 2023,
the Department will implement
§ 685.209(e), to the extent it eliminates
the requirement for borrowers returning
to SAVE after having previously been on
REPAYE to provide prior years’ income.
The Secretary is designating only the
removal of this requirement for early
implementation, rather than all of
§ 685.209(e).
While documentation of income for
years in which a borrower was not
enrolled in REPAYE is no longer
required, a borrower will still need to
provide documentation of their income
information to allow the Department to
calculate the borrower’s current
monthly payment amount under the
SAVE plan.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
VerDate Sep<11>2014
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the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF, you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Miguel A. Cardona,
Secretary of Education.
[FR Doc. 2023–23334 Filed 10–20–23; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2022–0605; FRL–11128–
02–R6]
Air Plan Approval; Arkansas; Excess
Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA, the Act), the
Environmental Protection Agency (EPA)
is approving two revisions to the
Arkansas State Implementation Plan
(SIP) submitted by the Governor on May
12, 2022, and November 1, 2022. These
SIP revisions were submitted in
response to EPA’s June 12, 2015, finding
of substantial inadequacy and SIP call
concerning excess emissions during
periods of startup, shutdown, and
malfunction (SSM) events. EPA is
approving these SIP revisions and finds
that the revisions correct the
inadequacies identified in Arkansas’ SIP
in the June 12, 2015, SIP call.
DATES: This rule is effective on
November 22, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2022–0605. 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
SUMMARY:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
James E. Grady, EPA Region 6 Office,
Regional Haze and SO2 Section, (214)
665–6745; grady.james@epa.gov. Please
call or email Mr. Grady above or call Mr.
Bill Deese at 214–665–7253 if you need
alternative access to material indexed
but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ mean ‘‘the EPA.’’
I. Background
The background for this action is
discussed in detail in our July 21, 2023,
proposed action (88 FR 47095). In that
document we proposed to approve
revisions to the Arkansas SIP which
were submitted on May 12, 2022, and
November 1, 2022, subsequent to EPA’s
January 12, 2022, finding of failure to
submit concerning excess emissions
during periods of SSM.1 We proposed to
approve the removal of two SSM
provisions identified as substantially
inadequate in the June 12, 2015, SIP
call.2 Specifically, we proposed to
approve the removal of Regulation
19.602-Emergency Conditions and
Regulation 19.1004(H)-Malfunctions,
Breakdowns, Upsets from the Arkansas
SIP. We also proposed to determine that
such SIP revisions correct the
substantial inadequacies in the
Arkansas SIP as identified in the June
2015 SIP call and in response to EPA’s
January 2022 finding of failure to
submit.
II. Response to Comments
The public comment period for our
proposed approval and determination
expired on August 21, 2023, and no
adverse comments were received. We
received one comment from Sierra Club
and Environmental Integrity Project
supporting removal of Regulation
19.602 and Regulation 19.1004(H) from
the Arkansas SIP. Therefore, we are
finalizing our action as proposed.
III. Final Action
The EPA is approving the revisions to
the Arkansas SIP submitted by the State
1 Findings of Failure to Submit State
Implementation Plan Revisions in Response to the
2015 Findings of Substantial Inadequacy and SIP
Calls To Amend Provisions Applying To Excess
Emissions During Periods of Startup, Shutdown,
and Malfunction, 87 FR 1680 (Jan. 12, 2022),
available at www.regulations.gov, Docket ID No.
EPA–HQ–OAR–2021–0863.
2 80 FR 33839 (June 12, 2015).
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Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations
of Arkansas on May 12, 2022, and
November 1, 2022, in response to EPA’s
national SIP call of June 12, 2015,
concerning excess emissions during
periods of SSM. Specifically, we are
approving the removal of Regulation
19.602—Emergency Conditions and
Regulation 19.1004(H)—Malfunctions,
Breakdowns, Upsets of Rule 19 from the
Arkansas SIP. We are approving these
revisions in accordance with section
110 of the Act. EPA is also determining
that these SIP revisions correct the
substantial inadequacies in the
Arkansas SIP as identified in the June
12, 2015, SSM SIP Action and in
response to EPA’s January 12, 2022,
finding of failure to submit.
lotter on DSK11XQN23PROD with RULES1
IV. Environmental Justice
Considerations
As stated in the proposed action for
informational purposes only, EPA
provided additional information
regarding potentially impacted
populations living within Pulaski
County as well as the State of Arkansas
as a whole.3 As discussed in the
proposal, this action is intended to
ensure that all communities and
populations across Arkansas, and
downwind areas, receive the full human
health and environmental protection
provided by the CAA. The removal of
impermissible automatic exemptions or
impermissible affirmative defense
provisions from the SIP is necessary to
preserve the enforcement structure of
the CAA, to preserve the jurisdiction of
courts to adjudicate questions of
liability and remedies in judicial
enforcement actions and to preserve the
potential for enforcement by the EPA
and other parties under the citizen suit
provision as an effective deterrent to
violations. There is nothing in the
record which would indicate that this
action will have disproportionately high
or adverse human health or
environmental effects on communities
with environmental justice concerns.
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is removing the
incorporation by reference of certain
sections of ‘‘Regulation 19’’ in 40 CFR
52.170, as described in section III of this
Final Action. The EPA has made, and
will continue to make, these materials
generally available through
www.regulations.gov (please contact the
person identified in the FOR FURTHER
3 https://www.census.gov/quickfacts/fact/table/
pulaskicountyarkansas,AR,US/PST045222.
VerDate Sep<11>2014
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Jkt 262001
section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for removal from the
Arkansas SIP, have been removed from
incorporation by reference by EPA into
that plan, are no longer federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
incorporation by reference will be
removed in the next update to the SIP
compilation.
INFORMATION CONTACT
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
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
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); and
• 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.
• Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
PO 00000
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Fmt 4700
Sfmt 4700
72687
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. 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.’’ 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.’’
The air agency 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
environmental justice analysis, as is
described above 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 by removal of an automatic
exemption provision and an affirmative
defense provision from the Arkansas
SIP. 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
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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
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Federal Register / Vol. 88, No. 203 / Monday, October 23, 2023 / Rules and Regulations
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 22, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart E—Arkansas
2. In § 52.170, the table in paragraph
(c) titled ‘‘EPA-Approved Regulations in
the Arkansas SIP’’ is amended under the
heading for Regulation 19 by:
■ a. Removing the entry for Reg. 19.602
under the heading for Chapter 6; and
■ b. Revising the entry for Reg. 19.1004
under the heading for Chapter 10.
The revision reads as follows:
■
Dated: October 16, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
§ 52.170
*
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State citation
State
submittal/effective
date
Title/subject
EPA approval date
Explanation
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
*
*
*
*
*
*
*
Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County
*
Reg. 19.1004 ..........
*
General Provisions
*
*
*
*
1/25/2009, 5/12/
2022.
*
*
*
*
*
[FR Doc. 2023–23256 Filed 10–20–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0206; FRL–11037–
02–R3]
Air Plan Disapproval; Delaware;
Removal of Excess Emissions
Provisions
Environmental Protection
Agency (EPA).
ACTION: Final action.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA) is disapproving certain
portions of a state implementation plan
(SIP) revision submitted by the State of
Delaware, through the Delaware
Department of Natural Resources and
Environmental Control (DNREC), on
SUMMARY:
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15:49 Oct 20, 2023
*
*
3/4/2015, 80 FR 11573, 10/23/2023,
[Insert Federal Register citation].
Jkt 262001
*
*
November 22, 2016. The revision was
submitted by Delaware in response to a
national finding of substantial
inadequacy and SIP call published on
June 12, 2015, which included certain
provisions in the Delaware SIP related
to excess emissions during startup,
shutdown, and malfunction (SSM)
events. EPA is disapproving certain
portions of the SIP revision and
determining that such SIP revision does
not correct the remaining deficiencies in
Delaware’s SIP identified in the June 12,
2015, SIP call in accordance with the
requirements for SIP provisions under
the Clean Air Act (CAA or Act). This
action addresses the remaining
deficiencies identified in EPA’s June
2015 SIP call that have not yet been
addressed by prior EPA actions on
Delaware’s November 2016 SIP
submission.
This final action is effective on
November 22, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket ID
DATES:
PO 00000
Frm 00014
Fmt 4700
*
*
Reg. 19.1004(H) is no longer in SIP,
10/23/2023.
Sfmt 4700
*
*
Number EPA–R03–OAR–2023–0206. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Mallory Moser, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, Four
Penn Center, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215)
E:\FR\FM\23OCR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Rules and Regulations]
[Pages 72686-72688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23256]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2022-0605; FRL-11128-02-R6]
Air Plan Approval; Arkansas; Excess Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA, the Act), the
Environmental Protection Agency (EPA) is approving two revisions to the
Arkansas State Implementation Plan (SIP) submitted by the Governor on
May 12, 2022, and November 1, 2022. These SIP revisions were submitted
in response to EPA's June 12, 2015, finding of substantial inadequacy
and SIP call concerning excess emissions during periods of startup,
shutdown, and malfunction (SSM) events. EPA is approving these SIP
revisions and finds that the revisions correct the inadequacies
identified in Arkansas' SIP in the June 12, 2015, SIP call.
DATES: This rule is effective on November 22, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2022-0605. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office,
Regional Haze and SO2 Section, (214) 665-6745;
[email protected]. Please call or email Mr. Grady above or call Mr.
Bill Deese at 214-665-7253 if you need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' mean ``the EPA.''
I. Background
The background for this action is discussed in detail in our July
21, 2023, proposed action (88 FR 47095). In that document we proposed
to approve revisions to the Arkansas SIP which were submitted on May
12, 2022, and November 1, 2022, subsequent to EPA's January 12, 2022,
finding of failure to submit concerning excess emissions during periods
of SSM.\1\ We proposed to approve the removal of two SSM provisions
identified as substantially inadequate in the June 12, 2015, SIP
call.\2\ Specifically, we proposed to approve the removal of Regulation
19.602-Emergency Conditions and Regulation 19.1004(H)-Malfunctions,
Breakdowns, Upsets from the Arkansas SIP. We also proposed to determine
that such SIP revisions correct the substantial inadequacies in the
Arkansas SIP as identified in the June 2015 SIP call and in response to
EPA's January 2022 finding of failure to submit.
---------------------------------------------------------------------------
\1\ Findings of Failure to Submit State Implementation Plan
Revisions in Response to the 2015 Findings of Substantial Inadequacy
and SIP Calls To Amend Provisions Applying To Excess Emissions
During Periods of Startup, Shutdown, and Malfunction, 87 FR 1680
(Jan. 12, 2022), available at www.regulations.gov, Docket ID No.
EPA-HQ-OAR-2021-0863.
\2\ 80 FR 33839 (June 12, 2015).
---------------------------------------------------------------------------
II. Response to Comments
The public comment period for our proposed approval and
determination expired on August 21, 2023, and no adverse comments were
received. We received one comment from Sierra Club and Environmental
Integrity Project supporting removal of Regulation 19.602 and
Regulation 19.1004(H) from the Arkansas SIP. Therefore, we are
finalizing our action as proposed.
III. Final Action
The EPA is approving the revisions to the Arkansas SIP submitted by
the State
[[Page 72687]]
of Arkansas on May 12, 2022, and November 1, 2022, in response to EPA's
national SIP call of June 12, 2015, concerning excess emissions during
periods of SSM. Specifically, we are approving the removal of
Regulation 19.602--Emergency Conditions and Regulation 19.1004(H)--
Malfunctions, Breakdowns, Upsets of Rule 19 from the Arkansas SIP. We
are approving these revisions in accordance with section 110 of the
Act. EPA is also determining that these SIP revisions correct the
substantial inadequacies in the Arkansas SIP as identified in the June
12, 2015, SSM SIP Action and in response to EPA's January 12, 2022,
finding of failure to submit.
IV. Environmental Justice Considerations
As stated in the proposed action for informational purposes only,
EPA provided additional information regarding potentially impacted
populations living within Pulaski County as well as the State of
Arkansas as a whole.\3\ As discussed in the proposal, this action is
intended to ensure that all communities and populations across
Arkansas, and downwind areas, receive the full human health and
environmental protection provided by the CAA. The removal of
impermissible automatic exemptions or impermissible affirmative defense
provisions from the SIP is necessary to preserve the enforcement
structure of the CAA, to preserve the jurisdiction of courts to
adjudicate questions of liability and remedies in judicial enforcement
actions and to preserve the potential for enforcement by the EPA and
other parties under the citizen suit provision as an effective
deterrent to violations. There is nothing in the record which would
indicate that this action will have disproportionately high or adverse
human health or environmental effects on communities with environmental
justice concerns.
---------------------------------------------------------------------------
\3\ https://www.census.gov/quickfacts/fact/table/pulaskicountyarkansas,AR,US/PST045222.
---------------------------------------------------------------------------
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is removing the incorporation by reference of certain
sections of ``Regulation 19'' in 40 CFR 52.170, as described in section
III of this Final Action. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by EPA for removal from the Arkansas SIP,
have been removed from incorporation by reference by EPA into that
plan, are no longer federally enforceable under sections 110 and 113 of
the CAA as of the effective date of the final rulemaking of EPA's
approval, and incorporation by reference will be removed in the next
update to the SIP compilation.
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 CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, 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); and
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.
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. 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.'' 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.''
The air agency 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 environmental justice analysis, as is
described above 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 by removal of an
automatic exemption provision and an affirmative defense provision from
the Arkansas SIP. 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 environmental justice for people of color, low-
income populations, and Indigenous peoples.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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
[[Page 72688]]
is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 22, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 16, 2023.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. In Sec. 52.170, the table in paragraph (c) titled ``EPA-Approved
Regulations in the Arkansas SIP'' is amended under the heading for
Regulation 19 by:
0
a. Removing the entry for Reg. 19.602 under the heading for Chapter 6;
and
0
b. Revising the entry for Reg. 19.1004 under the heading for Chapter
10.
The revision reads as follows:
Sec. 52.170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State submittal/
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reg. 19.1004.................. General 1/25/2009, 5/12/ 3/4/2015, 80 FR Reg. 19.1004(H) is no
Provisions. 2022. 11573, 10/23/2023, longer in SIP, 10/23/
[Insert Federal 2023.
Register citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-23256 Filed 10-20-23; 8:45 am]
BILLING CODE 6560-50-P
