[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53269-53270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21024]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0633; FRL-9900-32-Region6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Interstate Transport of Fine Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving portions of State Implementation Plan (SIP) 
submittals from the State of Arkansas to address Clean Air Act (CAA or 
Act) requirements in section 110(a)(2)(D)(i)(I) that prohibit air 
emissions which will contribute significantly to nonattainment or 
interfere with maintenance in any other state for the 1997 and 2006 
fine particulate matter (PM2.5) national ambient air quality 
standards (NAAQS). EPA has determined that the existing SIP for 
Arkansas contains adequate provisions to prohibit air emissions from 
significantly contributing to nonattainment or interfering with 
maintenance of the 1997 annual and 24-hour PM2.5 NAAQS (1997 
PM2.5 NAAQS) and the 2006 revised 24-hour PM2.5 
NAAQS (2006 PM2.5 NAAQS) in any other state as required by 
section 110(a)(2)(D)(i)(I) of the Act.

DATES: This final rule is effective on September 30, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2008-0633. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Air Planning Section (6PD-L), 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 Freedom 
of Information Act 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 to make an 
appointment. If possible, please make the appointment at least two 
working days in advance of your visit. There will be a 15 cent per page 
fee for making photocopies of documents. On the day of the visit, 
please check in at the EPA Region 6 reception area at 1445 Ross Avenue, 
Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-6645; email address 
[email protected].

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

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our May 
7, 2013 proposal (78 FR 26568). In that notice, we proposed to approve 
portions of SIP submittals for the State of Arkansas submitted on 
December 17, 2007, and September 16, 2009, and the technical supplement 
submitted on March 20, 2013, that determined the existing SIP for 
Arkansas contains adequate provisions to prohibit air emissions from 
contributing significantly to nonattainment or interfering with 
maintenance of the 1997 and 2006 PM2.5 NAAQS in any other 
state as required by CAA section 110(a)(2)(D)(i)(I). This action is 
being taken under section 110 of the Act. We did not receive any 
comments regarding our proposal.

II. Final Action

    We are approving portions of SIP submittals for the State of 
Arkansas submitted on December 17, 2007, and September 16, 2009, and 
the technical supplement submitted on March 20, 2013, to address 
interstate transport for the 1997 and 2006 PM2.5 NAAQS. We 
approve the portions of the SIP submittals and technical supplement 
determining the existing SIP for Arkansas contains adequate provisions 
to prohibit air emissions from contributing significantly to 
nonattainment or interfering with maintenance of the 1997 and 2006 
PM2.5 NAAQS in any other state as required by CAA section 
110(a)(2)(D)(i)(I). This action is being taken under section 110 of the 
Act.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country

[[Page 53270]]

located in the state, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 28, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 14, 2013.
William K. Honker,
Acting Regional Administrator, Region 6.

    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 E--Arkansas

0
2. The third table in Sec.  52.170(e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' is amended by adding an entry at the end for ``Interstate 
transport for the 1997 and 2006 PM2.5 NAAQS'' to read as 
follows:


Sec.  52.170  Identification of plan.

* * * * *
    (e) * * *
* * * * *

            EPA-Approved Non-regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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                                    Applicable            State
    Name of SIP provision          geographic or       submittal/      EPA approval           Explanation
                                nonattainment  area  effective date        date
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                                                  * * * * * * *
Interstate transport for the   Statewide...........      12/17/2007  8/29/2013        ..........................
 1997 and 2006 PM2.5 NAAQS                                9/16/2009   [Insert FR
 (contribute to nonattainment                                         page number
 or interfere with                                                    where document
 maintenance).                                                        begins].
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[FR Doc. 2013-21024 Filed 8-28-13; 8:45 am]
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