[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Rules and Regulations]
[Pages 19596-19599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07391]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0639; FRL-9795-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Arkansas; Prevention of Significant Deterioration; Greenhouse Gas 
Tailoring Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is taking final action to approve two revisions to the 
Arkansas State Implementation Plan (SIP) submitted by the Arkansas 
Department of Environmental Quality (ADEQ) to EPA on February 17, 2010, 
and November 6, 2012. The February 17, 2010, SIP revision to the 
Arkansas New Source Review (NSR) Prevention of Significant 
Deterioration (PSD) program updates the Arkansas SIP to incorporate by 
reference (IBR) requirements for the federal PSD permitting program 
under EPA's November 29, 2005 Phase 2 8-hour Ozone Implementation rule. 
The November 6, 2012, SIP revision to the Arkansas NSR PSD program 
provides the state of Arkansas with the authority to issue PSD permits 
governing greenhouse gas (GHG) emissions and establishes appropriate 
emission thresholds for determining which new stationary sources and 
modifications to existing stationary sources become subject to 
Arkansas's PSD permitting requirements for their GHG emissions. The 
November 6, 2012 SIP revision also defers until July 21, 2014, 
application of the PSD permitting requirements to biogenic carbon 
dioxide emissions from bioenergy and other biogenic stationary sources. 
EPA is approving the February 17, 2010, and November 6, 2012, SIP 
revisions to the Arkansas NSR PSD permitting program as consistent with 
federal requirements for PSD permitting. As a result of this approval, 
EPA is rescinding the GHG PSD Federal Implementation Plan (FIP) for 
Arkansas that was put in place on December 30, 2010, to ensure the 
availability of a permitting authority for GHG permitting in Arkansas. 
EPA is finalizing this action under section 110 and part C of the Act.

DATES: This final rule will be effective May 2, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2012-0639. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information the disclosure of which is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Permits Section (6PD-R), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. The file will be made available by appointment for 
public inspection in the Region 6 FOIA Review Room between the hours of 
8:30 a.m. and 4:30 p.m. weekdays except for legal holidays. Contact the 
person listed in the FOR FURTHER INFORMATION CONTACT paragraph below or 
Mr. Bill Deese at 214-665-7253 to make an appointment. If possible, 
please make the appointment at least two working days in advance of 
your visit. A 15 cent per page fee will be charged for making 
photocopies of documents. On the day of the visit, please check in at 
the EPA Region 6 reception area on the seventh floor at 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733.
    The State submittals related to this SIP revision, and which are 
part of the EPA docket, are also available for public inspection at the 
Local Air Agency listed below during official business hours by 
appointment: Arkansas Department of Environmental Quality, 5301 
Northshore Drive, North Little Rock, Arkansas 72118-5317.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Miller (6PD-R), Air Permits 
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue 
(6PD-R), Suite 1200, Dallas, TX 75202-2733. The telephone number is 
(214) 665-7550. Mr. Miller can also be reached via electronic mail at 
[email protected].

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

Table of Contents

I. What is the background for this action?
II. What final action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is the background for this action?

    The background for today's final rule and the EPA's national 
actions pertaining to GHGs is discussed in detail in our January 11, 
2013 proposal (see 78 FR 2354). The comment period was open for thirty 
days and no comments were received.

II. What final action is EPA taking?

    We are approving Arkansas's February 17, 2010 SIP submittal, which 
updates the Arkansas SIP to incorporate by reference (IBR) requirements 
for the federal PSD permitting program under EPA's November 29, 2005 
Phase 2 8-hour Ozone Implementation rule.
    We are also approving Arkansas's November 6, 2012, SIP submittal, 
relating to PSD permitting requirements for GHG-emitting sources in 
Arkansas. Specifically, the SIP revision provides the state of Arkansas 
with the authority to issue PSD permits governing greenhouse gas (GHG) 
emissions and establishes appropriate emission thresholds for 
determining which new stationary sources and modifications to existing 
stationary sources become subject to Arkansas's PSD permitting 
requirements for their GHG emissions. The November 6, 2012, SIP 
revision also defers until July 21, 2014, application of the PSD 
permitting requirements to biogenic carbon dioxide emissions from 
bioenergy and other biogenic stationary sources.
    EPA has made the determination that the February 17, 2010, and 
November 6, 2012, revisions to the Arkansas SIP for PSD permitting are 
approvable because the revisions were adopted and submitted as SIP 
revisions in accordance with the CAA and EPA regulations regarding PSD 
permitting for 8-hour ozone and GHGs. We are taking this final action 
today under section 110 and part C of the Act.
    As explained in our January 11, 2013 proposal (see 78 FR 2354), as 
a result of today's action we are also rescinding the GHG PSD FIP for 
Arkansas at 40 CFR 52.37(b)(2). Therefore, as of the effective date of 
this final rule, the EPA will no longer be the PSD permitting authority 
for GHG-emitting sources in Arkansas.

III. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the 
terms of

[[Page 19597]]

Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore 
not subject to review under Executive Orders 12866 and 13563 (76 FR 
3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
because this SIP approval and FIP rescission under section 110 and part 
C of the Clean Air Act will not in-and-of itself create any new 
information collection burdens but simply transfers the permitting 
authority from EPA to the State. Burden is defined at 5 CFR 1320.3(b). 
Because this final action does not impose an information collection 
burden, the Paperwork Reduction Act does not apply.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    This rule will transfer the permitting responsibility of GHG 
emissions from EPA to the State of Arkansas. This final rule will lead 
to permitting requirements for certain sources of GHG emissions; 
however these sources are large emitters of GHGs and tend to be large 
sources. Further, this rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and part C of the Clean Air Act do not create any new 
requirements but simply approve requirements that the States are 
already imposing. After considering the economic impacts of this rule 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
This final rule will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. This action imposes no enforceable duty on any State, local or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action 
transfers permitting responsibility of GHG emissions from EPA to the 
State of Arkansas. Small governments are not impacted.

E. Executive Order 13132--Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on Arkansas, on the relationship between the 
national government and the State of Arkansas, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The CAA specifies conditions 
under which states may request, and EPA may approve state 
implementation of CAA requirements. This rulemaking approves PSD 
permitting provisions in the state of Arkansas for GHG emissions, and 
as a consequence of the SIP approval, simultaneously rescinds federal 
PSD permitting responsibility for GHG emissions in Arkansas. This 
rulemaking is pursuant to the SIP approval and requirements of the CAA. 
As such, this final rule does not change the balance of power between 
Arkansas and EPA as provided for in the CAA. Thus, Executive Order 
13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comment on the proposed action 
from State and local officials. EPA received no comments from state or 
local governments on this rulemaking.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). In this action, 
EPA is not addressing any Tribal Implementation Plans. This action is 
limited to Arkansas's PSD SIP. Thus, Executive Order 13175 does not 
apply to this action.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because EPA is approving revisions to the Arkansas PSD SIP for 
permitting of GHG emissions, as authorized by the CAA.

H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This action 
does not involved technical standards. Therefore, EPA did not consider 
the use of any voluntary consensus standards.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high

[[Page 19598]]

and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This rule requires the State of Arkansas to assume 
the responibiity for permitting GHG emissions subject to PSD 
requirements. This final rule approves the Arkansas SIP as meeting 
Federal requirements for GHG PSD permitting and imposes no additional 
requirements beyond those imposed by Arkansas law.

K. Congressional Review Act

    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 action 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).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 3, 2013. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: March 22, 2013.
Bob Perciasepe,
Acting Administrator.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 52.37 is amended by removing and reserving paragraph (b)(2).

Subpart E--Arkansas

0
3. Section 52.170(c) is amended by revising the entries for Sections 
19.902, 19.903, and 19.904 under the first table titled ``EPA-Approved 
Regulations in the Arkansas SIP''.
    The revisions read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
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                                                       State submittal/
         State citation              Title/subject      effective date     EPA approval date      Explanation
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         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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                               Chapter 9: Prevention of Significant Deterioration
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                                                  * * * * * * *
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Reg 19.902......................  Purposes..........  1/25/2009.........  4/2/13 [Insert FR   ..................
                                                                           page number where
                                                                           document begins].
Reg 19.903......................  Definitions.......  1/25/2009.........  4/2/13 [Insert FR   ..................
                                                                           page number where
                                                                           document begins].
Reg 19.904......................  Adoption of         11/18/2012........  4/2/13 [Insert FR   ..................
                                   Regulations.                            page number where
                                                                           document begins].
 
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[FR Doc. 2013-07391 Filed 4-1-13; 8:45 am]
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