[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24216-24218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09905]



[[Page 24216]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2015-0054; FRL-9926-91-Region 6]


Approval and Promulgation of Implementation Plans; State of 
Arkansas; Revisions to the State Implementation Plan; Fee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve revisions to the Arkansas State Implementation 
Plan (SIP) related to the Fee Regulations section of the Arkansas SIP 
that were submitted by the State of Arkansas on November 6, 2012. The 
EPA has evaluated the SIP submittal from Arkansas and determined these 
revisions are consistent with the requirements of the Clean Air Act 
(Act or CAA). The EPA is approving this action under section 110 of the 
Act.

DATES: This direct final rule is effective on June 29, 2015 without 
further notice, unless the EPA receives relevant adverse comment by 
June 1, 2015. If the EPA receives such comment, the EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2015-0054, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions.
    (2) Email: Ms. Tracie Donaldson at [email protected].
    (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.

Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2015-
0054. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment along with any disk or 
CD-ROM submitted. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and should be free of 
any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for 
this action is available electronically at www.regulations.gov and in 
hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. 
While all documents in the docket are listed in the index, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material), and some may not be publicly available at 
either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, (214) 665-6633, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214) 
665-7253.

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

Table of Contents

I. Background
    A. CAA and SIPs
    B. SIP Revision Submitted on November 6, 2012
II. The EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). The NAAQS currently address six criteria 
pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate 
matter, and sulfur dioxide. Each federally-approved SIP protects air 
quality primarily by addressing air pollution at its point of origin 
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally 
enforceable. States revise the SIP as needed and submit revisions to 
the EPA for approval.

B. SIP Revision Submitted on November 6, 2012

    On June 22, 2012, the Arkansas Pollution Control and Ecology 
Commission (APC&EC) adopted revisions to Regulation 9--Permit Fee 
Regulations, Regulation 19--Regulations of the Arkansas Plan of 
Implementation for Air Pollution Control, and Regulation 26--
Regulations of the Arkansas Operating Air Permit Program. On October 
26, 2012, APC&EC adopted additional revisions to Regulation 19. 
Governor Beebe submitted these revised regulations as a revision to the 
Arkansas SIP in a letter dated November 6, 2012.
    The November 6th, 2012, letter requested that the EPA repeal the 
current SIP-approved permit fee program provisions found in Regulation 
9 and replace with the new provisions included in the submittal for 
Chapters 1, 2,\1\ 3, 5, and 9, of Regulation 9 which relate to the 
State's air program. This action will repeal the current SIP-approved 
version of Regulation 9 and replace with the current version of 
Regulation 9, Chapters 1, 2,\2\ 3, 5, and 9 as requested by Arkansas. 
This includes revisions to Regulation 9, Chapter 5 addressing fee 
requirements for carbon dioxide and methane. The revisions to 
Regulations 19 and 26 will be addressed in separate rulemaking by the 
EPA.
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    \1\ Only the portions of Chapter 2 that relate to the Air 
program are included in the Arkansas SIP. The definitions to include 
are specified in ADEQ letter to the EPA dated December 11, 2014, 
which is available in our rulemaking docket and addressed in more 
detail in the TSD.
    \2\ Ibid.
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II. The EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying 
this action, the ADEQ \3\ submitted a SIP

[[Page 24217]]

revision to the fee regulations requesting a withdrawal of the current 
SIP-approved permit fee program and replacement with the submitted 
revised fee regulations containing a new fee schedule and associated 
provisions specific to the State's air program. The EPA has reviewed 
the submitted revisions and determined that the submitted revised fee 
program is consistent with the general requirements at CAA section 
110(a)(2)(E)(i) to provide necessary assurances that the State will 
have adequate funding to carry out the provisions of the Arkansas SIP 
as it pertains to major and minor source Title I permitting and CAA 
section 110(a)(2)(L) that requires states to charge necessary fees for 
the development and implementation of major source Title I permits. The 
Arkansas SIP is intended to implement Title I of the CAA, while Title V 
requirements are not generally included in SIPs.\4\ The repeal and 
replace included in the November 6, 2012, SIP submittal more accurately 
represents the current fee structure than the previously approved SIP, 
which was approved by EPA on November 12, 1986. Based on EPA's 
evaluation of the fee assessment provisions submitted, EPA finds the 
submitted repeal and replace of, and subsequent revisions to Arkansas 
Regulation 9 establishing fee requirements for permits is consistent 
with sections 110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA.
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    \3\ The Arkansas Department of Environmental Quality (ADEQ) is 
the state agency that is charged with protecting, enhancing and 
restoring the environment for Arkansas. The Arkansas Pollution 
Control and Ecology Commission (APC&EC) is the environmental policy-
making body for Arkansas.
    \4\ The Arkansas air permitting program is a one permit system 
(meaning that title I and title V are issued together for major 
sources) the fee regulations are combined in Regulation 9. The EPA 
has not evaluated the revised Regulation 9 Fee Provisions for 
sufficiency under 40 CFR 70.9 of the title V state operating permit 
program.
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III. Final Action

    For the reasons stated above and in the TSD, the EPA is taking 
direct final action to approve revisions to the Arkansas SIP pertaining 
to title I fees. Specifically, the EPA is deleting the current SIP-
approved fee program and approving in its place the revised Arkansas 
fee program at Regulation 9, Chapters 1, 2,\5\ 3, 5 and 9 effective on 
July 9, 2012, and submitted as revisions to the Arkansas SIP on 
November 6, 2012.
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    \5\ Only the portions of Chapter 2 that relate to the Air 
program are included in the Arkansas SIP. The definitions to include 
are specified in ADEQ letter to the EPA dated December 11, 2014, 
which is available in our rulemaking docket and addressed in more 
detail in the TSD.
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    We are approving the revisions to the Arkansas SIP under section 
110 of the Act. We are publishing this rule without prior proposal 
because we view this as a noncontroversial amendment and anticipate no 
relevant adverse comments. However, in the proposed rules section of 
this Federal Register publication, we are publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
relevant adverse comments are received. This rule will be effective on 
June 29, 2015 without further notice unless we receive relevant adverse 
comment by June 1, 2015. If we receive relevant adverse comments, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. Incorporation by Reference

    In this direct final rule, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by 
reference of the Arkansas title I Permit Fees described in the Final 
Action section above. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the 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) and 13563 (76 FR 3821, January 21, 
2011);
     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 the 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).

The SIP is not approved to apply on any Indian reservation land or in 
any other area where the EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the 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).
    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. The 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).

[[Page 24218]]

    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 29, 2015. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 17, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended 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(c), the table titled ``EPA-Approved Regulations in 
the Arkansas SIP'' is amended by revising the heading and entries for 
``Arkansas Regulation No. 9: Permit Fees,'' to 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     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
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                                        Regulation No. 9: Fee Regulation
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Chapter 1........................  Title...............     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 2........................  Definitions.........     7/9/2012  4/30/2015 [Insert FR  The following
                                                                       citation].            definitions do not
                                                                                             relate to the air
                                                                                             program and are not
                                                                                             being approved into
                                                                                             the SIP:
                                                                                             ``Category'',
                                                                                             ``Certificate'',
                                                                                             ``Confined Animal
                                                                                             Operation'',
                                                                                             ``Discretionary
                                                                                             Major Facility'',
                                                                                             ``Evaluation'',
                                                                                             ``Laboratory``,
                                                                                             ``Major Municipal
                                                                                             Facility'', ``Non-
                                                                                             Municipal Major
                                                                                             Facility'',
                                                                                             ``Parameter'',
                                                                                             ``Program''.
Chapter 3........................  Permit Fee Payment..     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 5........................  Air Permit Fees.....     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 9........................  Administrative           7/9/2012  4/30/2015 [Insert FR
                                    Procedures.                        citation].
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[FR Doc. 2015-09905 Filed 4-29-15; 8:45 am]
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