[Federal Register Volume 66, Number 195 (Tuesday, October 9, 2001)]
[Rules and Regulations]
[Pages 51312-51317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24902]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[AR-13-1-7526a; FRL-7072-2]


Clean Air Act (CAA) Full Approval of Operating Permits Program 
and Approval and Promulgation of Implementation Plans; State of 
Arkansas; New Source Review (NSR)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to fully approve the 
Operating Permit Program of the State of Arkansas and to also approve 
this rule as it pertains to the Arkansas State Implementation Plan 
(SIP). Arkansas' Operating Permit Program was submitted in response to 
the directive in the 1990 CAA Amendments that States develop, and 
submit to EPA, programs for issuing operating permits to all major 
stationary sources and to certain other sources within the States' 
jurisdiction. The EPA granted interim approval to Arkansas' Operating 
Permit Program on September 8, 1995. Arkansas revised its program to 
satisfy the conditions of the interim approval, and this action 
approves those revisions. Regulation 26, the Regulation of the Arkansas 
Operating Air Permit Program, is a comprehensive State air quality 
program which is designed to address all applicable air contaminant 
emissions and regulatory requirements in a single permit document; as 
such it incorporates the NSR permitting

[[Page 51313]]

requirements for major sources, as defined by title V, CAA section 501-
507, 42 U.S.C. 7661-7661f. The EPA is also approving the revised and 
recodified Regulation 26 as it pertains to the Arkansas SIP.

DATES: This direct final rule is effective on December 10, 2001 without 
further notice unless EPA receives adverse comments in writing by 
November 8, 2001. If adverse comment is received, EPA will publish a 
timely withdrawal of this direct final rule in the Federal Register and 
inform the public that the rule will not take effect. The public 
comments will be addressed in a subsequent final rule based on the 
proposed rule published in this Federal Register.

ADDRESSES: Written comments on this action should be addressed to Ms. 
Jole C. Luehrs, Chief, Air Permits Section (6PD-R), at the EPA Region 6 
Office listed below. Copies of documents relevant to this action, 
including the Technical Support Document and documents related to the 
fee demonstration, are available for public inspection during normal 
business hours at the following locations:

EPA, Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, 
Texas 75202-2733.
Arkansas Department of Environmental Quality, Division of Air Pollution 
Control, 8001 National Drive, P.O. Box 8913, Little Rock, Arkansas 
72219-8913.

    Anyone wanting to examine these documents should make an 
appointment with the appropriate office at least two working days in 
advance.

FOR FURTHER INFORMATION CONTACT: Mr. Daron Page, EPA, Region 6, at 
(214) 665-7222.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means EPA. This section provides additional information by 
addressing the following questions:

I. Title V Operating Permit Program
    A. What is the operating permit program?
    B. What is being addressed in this document?
    C. What are the program changes that EPA is approving?
    D. What is involved in this final action?
II. State Implementation Plan (SIP)
    A. What is a SIP?
    B. What is the Federal approval process for a SIP?
    C. What Does Federal approval of a State regulation mean to me?
    D. What is being addressed in this action?
    E. Why is EPA approving the NSR provisions of Regulation 26 into 
the Arkansas SIP?
    F. Have the requirements for approval of a SIP revision been 
met?
    G. What action is EPA taking?
III. Conclusion
IV. Administrative Requirements

I. Title V Operating Permit Program

A. What Is the Operating Permit Program?

    The CAA Amendments of 1990 require all States to develop Operating 
Permit Programs that meet certain Federal criteria. In implementing the 
Operating Permit Programs, the permitting authorities require certain 
sources of air pollution to obtain permits that contain all applicable 
requirements under the CAA. The focus of the Operating Permit Program 
is to facilitate compliance and improve enforcement by issuing each 
source a permit that consolidates all of the applicable CAA 
requirements into a Federally enforceable document. By consolidating 
all of the applicable requirements for a facility into a single 
document, the source, the public, and the regulators can more easily 
determine what CAA requirements apply and how compliance with those 
requirements is determined.
    Sources required to obtain an operating permit under this program 
include ``major'' sources of air pollution as defined by title V. For 
example, all sources regulated under the acid rain program, regardless 
of size, must obtain operating permits. Examples of major sources 
include those that have the potential to emit 100 tons per year (tpy) 
or more of volatile organic compounds, carbon monoxide, lead, sulfur 
dioxide, nitrogen oxides, or particulate matter nominally 10 microns 
and less (PM10); those that emit 10 tpy of any single 
hazardous air pollutant (specifically listed under the CAA); or those 
that emit 25 tpy or more of a combination of hazardous air pollutants 
(HAPs). In areas that are not meeting the National Ambient Air Quality 
Standards for ozone, carbon monoxide, or particulate matter, major 
sources are defined by the gravity of the nonattainment classification. 
There are currently no areas classified as nonattainment in Arkansas.

B. What Is Being Addressed in This Document?

    Where an Operating Permit Program substantially, but not fully, met 
the criteria outlined in the implementing regulations codified at 40 
CFR part 70, EPA granted interim approval contingent on the State 
revising its program to correct the deficiencies. Because Arkansas' 
Operating Permit Program substantially, but not fully, met the 
requirements of part 70, EPA granted interim approval to the program in 
a rulemaking published on September 8, 1995 (60 FR 46771). In this 
Federal Register document, EPA identified three deficiencies that 
needed to be addressed before the State could receive full approval (60 
FR 46773). Arkansas submitted revisions to its interim approved 
Operating Permit Program on August 4, 2000. This document describes the 
changes that have been made to Arkansas' Operating Permit Program.

C. What Are the Program Changes That EPA Is Approving?

    The first condition for full approval of Arkansas' Operating Permit 
Program was that the State was required to amend Regulations 26.4 and 
26.7 to incorporate the date of promulgation of the rule at 40 CFR part 
70. The purpose of this requirement was to make clear that the permit 
application and permit content were fully incorporated into the State's 
regulations (60 FR 46773). Instead, the State chose to incorporate the 
language for the permit application and permit content directly into 
their regulation. We agree that revising Regulation 26.402 to include 
the language from 40 CFR 70.5(c) and revising Regulations 26.701-26.703 
to include the language from 40 CFR 70.6(a)-(c) corrects this 
deficiency.
    The second condition for full approval of Arkansas' Operating 
Permit Program was that the language in the State's Regulation 
26.10(B)(1) regarding emission levels must be deleted to make the 
regulation consistent with the Federal rule at 40 CFR 70.7(e)(2)(i)(A) 
and the State's Regulations 26.10(b)(7) and 19.2. Id. Regulation 
26.10(B)(1) (now Regulation 26.1002(A)) provided that ``increases of 
not over 20% of the applicable definition of major source, or 15 tpy of 
PM10 or 0.6 tpy of lead (potential to emit basis), whichever 
is less, of a regulated air pollutant over permitted rates'' could be 
processed as a minor permit modification. Regulation 19.2 defined a 
modification as any increase in emissions.\1\ Thus, EPA believed that 
the Arkansas minor permit modification process was inconsistent with 
itself and 40 CFR part 70.
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    \1\ The reference to section 19.2 refers to a designation in 
Regulation 19 on the date of our interim approval of Arkansas' title 
V Operating Permit Program on September 8, 1995. On February 15, 
1999, the Arkansas Department of Environmental Quality (ADEQ) 
revised and recodified Regulation 19.
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    The purpose behind Regulation 26.1002(A) is to prohibit significant 
New Source Review (NSR) changes from being processed under the title V 
minor permit modification procedures. Some of the emission increases 
proposed

[[Page 51314]]

under Regulation 26.1002(A) are title I modifications, CAA sections 
101-193, 42 U.S.C. 7401-7515, and thus cannot be processed as title V 
minor permit modifications.
    Title I modifications include any major modification under major 
NSR. For example, Regulation 26.1002(A) provides that an emissions 
increase of 0.6 tpy of lead or 15 tpy of PM10 could be 
processed as a minor permit modification. However, these emission 
increases would be considered major modifications under PSD.\2\ Thus, 
these changes are considered title I modifications, and cannot be 
processed as a minor permit modification under Regulation 26.1002 and 
remain consistent with 40 CFR part 70. However, it is our understanding 
that Arkansas intends that the other gatekeeper provisions of 
Regulation 26.1002 would prevent such increases from being processed as 
a minor permit modification to part 70 operating permits. In fact, 
Regulation 26.1002(G) prevents minor permit modification procedures 
from being used for any changes that are ``modifications under any 
provision of title I of the Act,'' consistent with part 70.
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    \2\ Section 19.904(a) incorporates 40 CFR 52.21(b)-(r), except 
section 52.21(i)(12). 40 CFR 52.21(b)(2)(i) and 52.21(b)(23)(i) 
define the net emission increases that are considered major 
modifications for PSD.
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    With this understanding that the gatekeeper provisions would 
prevent all title I modifications--or any other gatekeeper category 
prohibition under Regulation 26.1002--from being processed as minor 
permit modifications, we no longer have any objection to this 
provision.\3\
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    \3\ In addition, Arkansas revised the definition of 
``modification'' in Regulation 19, Chapter 2. This removed the final 
impediment to approval of this provision. See 60 FR at 46772.
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    The third and final condition for full approval of Arkansas' 
operating permit program was that Arkansas ``must ensure consistency 
between the operating permits program (Regulation 26) and the State 
Implementation Plan (SIP) (Regulation 19).'' 60 FR 46773. Regulation 19 
was submitted to EPA as a revision to the SIP on March 5, 1999. We 
approved Regulation 19 into the SIP on October 16, 2000. See 65 FR 
61103. With regard to title V, this is no longer an interim approval 
issue. We believe that the Regulation 19 submittal satisfies the title 
V deficiency identified as Item 3 in the September 8, 1995, Federal 
Register notice.
    Arkansas adopted the changes as discussed above on July 21, 2000. 
The rules became effective on August 10, 2000. Arkansas submitted these 
revisions to EPA on August 4, 2000.
    The State is also adjusting its title V fee accounting procedures 
to include a two-step process to separate monies that represent amounts 
attributed to activities that incorporate Federal requirements from 
those that represent State-only requirements. The comprehensive fee of 
$19.12 per ton is assessed for all title V sources, based on allowable 
emissions, less HAPs. That amount attributed to activities that 
incorporate Federal requirements into the permits will be $15.296 per 
ton and the rest of the fee will be attributed to activities 
incorporating State-only conditions. Arkansas requires $5,191,370 to 
cover the cost of the title V program as delineated in the fee 
demonstration. The State plans to collect a total of approximately 
$7,189,943 per year in fees from title V sources. $5,310,000 will 
represent the amount collected for activities that incorporate Federal 
requirements and $1,879,943 will represent the amount collected for 
those activities associated with State-only requirements. The current 
proposal will result in $5,310,000 in title V fee revenue, which will 
be sufficient to cover the program costs with an adequate margin of 
safety. The amount collected to incorporate Federal requirements into 
the title V permit are considered as meeting the requirement that the 
State must collect enough fees to sustain the title V program. The ADEQ 
has the authority to adjust the fee as necessary using its rulemaking 
authority. The demonstration submitted by Arkansas meets the 
requirements of 40 CFR 70.4(b)(7) and (8).

D. What Is Involved in This Final Action?

    The State of Arkansas has fulfilled the conditions of the interim 
approval granted on September 8, 1995 (60 FR 46771), so EPA is taking 
final action to fully approve the State's Operating Permit Program. EPA 
is also taking action to approve other nonsubstantive program changes 
made by the State since the interim approval was granted. Other changes 
include recodifying the entire Regulation 26 and making such editorial 
changes as deleting the words ``Department of'' and adding the word 
``Commission'' to the name of the agency ``Arkansas Pollution Control & 
Ecology Commission.''

II. State Implementation Plan (SIP)

A. What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires States to develop 
air pollution regulations and control strategies to ensure that State 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide. Each State must 
submit these regulations and control strategies to EPA for approval and 
incorporation into a Federally enforceable SIP. Each Federally approved 
SIP protects air quality primarily by addressing air pollution at its 
point of origin. These SIPs can be extensive, containing State 
regulations or other enforceable provisions and supporting information 
such as emission inventories, monitoring networks, and modeling 
demonstrations.

B. What Is the Federal Approval Process for a SIP?

    In order for State regulations to be incorporated into the 
Federally enforceable SIP, States must formally adopt the regulations 
and control strategies consistent with State and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a State-authorized rulemaking 
body. Once a State rule, regulation, or control strategy is adopted, 
the State submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the State submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us. All State regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally 
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual State regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given State regulation with a specific effective date.

C. What Does Federal Approval of a State Regulation Mean To Me?

    Enforcement of the State regulation before and after it is 
incorporated into the Federally approved SIP is primarily a State 
responsibility. However, after the regulation is Federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address

[[Page 51315]]

violations as described in section 304 of the CAA.

D. What Is Being Addressed in This Action?

    We are approving Regulation 26 as it pertains to the Arkansas SIP. 
When Arkansas revised Regulation 26 to address the interim approval 
issues, it made some minor changes, such as recodifing the entire rule. 
When we approved the Arkansas SIP last October this revised rule was 
not finalized, so we approved the original Regulation 26. We are now 
approving the recodified rule as submitted on August 4, 2000. However, 
there are no significant changes, and the rule remains substantially 
the same as was approved in our October 16, 2000 action. See 65 FR 
61103.

E. Why Is EPA Approving the NSR Provisions of Regulation 26 Into the 
Arkansas SIP?

    Chapter 11 of Regulation 19 (approved October 16, 2000, FR 61103) 
addresses the NSR permitting procedures for major sources which are 
also subject to Regulation 26--Regulations of the Arkansas Operating 
Permit Program. Regulation 26 is Arkansas' regulation for its Operating 
Permit Program under title V of the CAA. Chapter 9 of Regulation 19 
describes the process already approved by EPA, for issuance of a permit 
to a new major source or a major modification of a permit to of an 
existing source which is major for purposes of the PSD program, by 
virtue of incorporation by reference of the provisions of 40 CFR 
52.21(b)-(r). Chapter 11 requires major sources which are subject to 
Regulation 26 to also have their permit applications processed in 
accordance with the procedures contained in Regulation 26, which are 
incorporated by reference. Thus, Chapter 11 creates the connection 
between the PSD and title V programs to allow Arkansas to issue one 
permit to its sources which are defined as major under both programs.
    For minor sources, the permitting process is described in Chapter 4 
of Regulation 19, which complies with 40 CFR 51.160-51.164. Chapters 4 
and 9 of Regulation 19 do not, however, fully address all sources 
defined as major sources under section 302(j) of the CAA. Chapter 11 is 
necessary to provide a process for permitting the following:

     Sources which are major for purposes of PSD but undergo 
a physical change or change in the method of operation which does 
not result in a significant net emission increase, i.e., minor 
modifications. Such a change therefore is not subject to PSD 
review.\4\ Subpart I, however, applies to the construction and 
modification of all sources, including major and minor sources. Such 
a change, therefore, must meet the applicable requirements of 40 CFR 
51.160-51.164. Regulation 26 contains the provisions which satisfy 
these provisions of subpart I.\5\ These provisions are incorporated 
into Regulation 19 by Chapter 11.
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    \4\ For purposes of PSD, 40 CFR 52.21(i)(1) provides that no 
stationary source or modification to which the paragraphs (j)-(r) 
apply shall begin actual construction without a permit which states 
that the source or modification meets such requirements. The 
provisions of Sec. 52.21(j)-(r) apply to the construction of major 
sources and major modifications. ``Major stationary source'' is 
defined in Sec. 52.21(b)(1) and ``major modification'' is defined in 
Sec. 52.21(b)(2). A major modification is a physical change or 
change in the method of operation at a major stationary source which 
results in a significant net emissions increase. ``Net emissions 
increase'' is defined in Sec. 52.21(b)(3) which describes how the 
net emissions increase is determined. Such increase is significant 
if it equals or exceeds the significance thresholds in 
Sec. 52.21(b)(23). Thus, minor modifications at major stationary 
sources do not fall within the purview of the PSD requirements.
    \5\ According to Regulation 26, Chapter 2 Definitions, 
``applicable requirement'' is defined as ``Any standard or other 
requirements provided for in the applicable implementation plan 
approved or promulgated by the EPA through rulemaking under title I 
of the Act * * *'' (PSD inter alia) (this includes Regulation 19, 
Chapter 3 which requires protection of the NAAQS).
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     A source which is major for title V but not major for 
PSD. This would include a source whose potential to emit is 100 tpy 
or more but less than 250 tpy and is not one of the source types 
listed in 40 CFR 52.21(b)(1).\6\ Although a new or modified source 
which is not a PSD major source is not subject to PSD, the 
applicable requirements of 40 CFR 51.160-51.164 nonetheless continue 
to apply as explained above. Regulation 26 contains the provisions 
which satisfy these provisions of subpart I. These provisions are 
incorporated into Regulation 19 by Chapter 11.
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    \6\ Section 52.21(b)(1) is the definition of ``major stationary 
source.'' Under this definition, a source is major for PSD if its 
potential to emit (PTE) is 100 TPY or more and the source belongs to 
one of the source categories listed in Sec. 52.21(b)(1)(i)(a). 
Otherwise, a source is a PSD major only if its PTE is 250 TPY or 
more, pursuant to Sec. 52.21(b)(1)(i)(b). Under section 302(j) of 
the Act and 40 CFR part 70, a ``major source'' includes any 
stationary source with a PTE of 100 TPY or more.

    Chapter 11 of Regulation 19, incorporates the applicable 
requirements of 40 CFR part 51, subpart I \7\ (subpart I) that are in 
Regulation 26 into Regulation 19, which we have approved into the SIP. 
Through Chapter 11, the subpart I provisions of Regulation 26 are 
incorporated by reference.
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    \7\ 40 CFR part 51, subpart I contains the requirements that a 
SIP-approved program for review of new and modified sources must 
meet. The subpart consists of Secs. 51.160-51-166.
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    Through Chapter 11 of Regulation 19, Arkansas ensures that the 
construction and modification of sources subject to the preconstruction 
review requirements of the Act will meet the applicable requirements of 
subpart I. Our October 16, 2000, action includes our analysis of the 
provisions of Regulation 26 which Arkansas incorporated by reference 
into Regulation 19 and describes how Regulation 26 meets the 
requirements of subpart I. It further demonstrates that the procedures 
in Regulation 26 will ensure that modifications which occur at title V 
sources will satisfy the requirements of the Act and subpart I.
    On October 16, 2000 we approved portions of Regulation 26 which 
Arkansas adopted July 23, 1993, and submitted to us on October 29, 
1993, into the SIP. We had previously approved this version of 
Regulation 26 at 60 FR 46171 (September 8, 1995) as satisfying the 
requirements for interim approval under 40 CFR part 70. We have 
reexamined Arkansas' revisions to Regulation 26 which it submitted to 
us on August 4, 2000. We find that the revised Regulation 26 continues 
to meet the requirements of subpart I.

F. Have the Requirements for Approval of a SIP Revision Been Met?

    The State submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document which accompanies this document, the revision meets 
the substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

G. What Action Is EPA Taking?

    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate receiving any adverse 
comments.

III. Conclusion

    We are taking final action to fully approve the Operating Permit 
Program of the State of Arkansas and to also approve Arkansas 
Regulation 26 as it pertains to the State Implementation Plan (SIP). 
EPA is publishing this action without prior proposal because the Agency 
views this as a noncontroversial amendment and anticipates receiving no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to grant final full approval should 
adverse comments be filed. This

[[Page 51316]]

action will be effective December 10, 2001 unless the Agency receives 
adverse comments by November 8, 2001.
    If EPA receives such adverse comments, then EPA will withdraw the 
final rule and inform the public that the rule will not take effect. 
All public comments received will then be addressed in a subsequent 
final rule based on the proposed rule. EPA will not institute a second 
comment period. Parties interested in commenting should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 10, 2001 and no further action will 
be taken on the proposed rule.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 10, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, New source review, Reporting and recordkeeping requirements.

40 CFR Part 70

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

    Dated: September 20, 2001.
Gregg A. Cooke,
Regional Administrator, Region 6.

    Parts 52, chapter I, title 40 of the CFR is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart E--Arkansas

    2. In Sec. 52.170(c), the table is amended as follows:
    (a) Under the heading ``Regulation 26: Regulations for the Arkansas 
Operating Permit Program,'' remove the existing entries for Section 3, 
Section 4, Section 5, and Section 6, and add new entries for Chapter 3, 
Chapter 4, Chapter 5, and Chapter 6 as shown below;
    (b) Remove the heading ``Prevention of Significant Deterioration 
Supplement to the Arkansas Plan of Implementation for Air Pollution 
Control'; and remove the entries for Section 1, Section 2, Section 3, 
Section 4, Section 5, and Section 6 under the heading ``Prevention of 
Significant Deterioration Supplement to the Arkansas Plan of 
Implementation for Air Pollution Control';
    (c) Remove the heading ``Regulation for the Control of Volatile 
Organic Compounds'' and remove the entries for Section 1, Section 2, 
Section 3, Section 4, Section 5, and Section 6 under the heading 
``Regulation for the Control of Volatile Organic Compounds.''


Sec. 52.170  Identification of plan.

* * * * *
    (c) * * *

[[Page 51317]]



                                  EPA Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                                      State
                                                                   submittal/     EPA
           State citation                    Title/subject          effective   approval         Comments
                                                                      date        date
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
                       Regulation 26: Regulations of the Arkansas Operating Permit Program
                                Chapter 3: Requirements for Permit Applicability
----------------------------------------------------------------------------------------------------------------
Section 26.301......................  Requirement for a permit...    08/10/00    10/9/01
                                                                               [and page
                                                                                 number]
Section 26.302......................  Sources subject to             08/10/00    10/9/01
                                       permitting.                             [and page
                                                                                 number]
----------------------------------------------------------------------------------------------------------------
                                       Chapter 4: Applications for Permits
----------------------------------------------------------------------------------------------------------------
Section 26.401......................  Duty to apply..............    08/10/00    10/9/01
                                                                               [and page
                                                                                 number]
Section 26.402......................  Standard application form      08/10/00    10/9/01
                                       and required information.               [and page
                                                                                 number]
Section 26.407......................  Complete application.......    08/10/00    10/9/01
                                                                               [and page
                                                                                 number]
Section 26.409......................  Confidential information...    08/10/00    10/9/01
                                                                               [and page
                                                                                 number]
Section 26.410......................  Certification by               08/10/00    10/9/01
                                       responsible official.                   [and page
                                                                                 number]
----------------------------------------------------------------------------------------------------------------
                                        Chapter 5: Action on Application
----------------------------------------------------------------------------------------------------------------
Section 26.501......................  Action of part 70 permit       08/10/00    10/9/01  Subsection B Not in
                                       applications.                                       SIP
Section 26.502......................  Final action on permit         08/10/00    10/9/01
                                       application.                            [and page
                                                                                 number]
----------------------------------------------------------------------------------------------------------------
                        Chapter 6: Permit Review by the Public, Affected States, and EPA
----------------------------------------------------------------------------------------------------------------
Section 26.601......................  Untitled introduction to       08/10/00    10/9/01
                                       Chapter 6.                              [and page
                                                                                 number]
Section 26.602......................  Public participation.......    08/10/00    10/9/01  Only Subsection A(1),
                                                                                           A(2), A(5), and D in
                                                                                           SIP
Section 26.603......................  Transmission of information    08/10/00    10/9/01
                                       to the Administrator.                   [and page
                                                                                 number]
Section 26.604......................  Review of draft permit by      08/10/00    10/9/01
                                       affected States.                        [and page
                                                                                 number]
----------------------------------------------------------------------------------------------------------------

* * * * *

    For reasons set out in the preamble, Appendix A of part 70 of title 
40, chapter I, of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for Part 70 continues to read as follows:

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

    2. Appendix A to Part 70 is amended by revising paragraph (b) in 
the entry for Arkansas to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Arkansas

* * * * *
    (b) The Arkansas Department of Environmental Quality submitted 
program revisions on August 4, 2000. The rule revisions adequately 
addressed the conditions of the interim approval effective on 
October 10, 1995, and which would expire on December 1, 2001. The 
State is hereby granted final full approval effective on December 
10, 2001.

[FR Doc. 01-24902 Filed 10-5-01; 8:45 am]
BILLING CODE 6560-50-P