[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38625-38628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16388]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0378; FRL-9929-81-Region 6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Prevention of Significant Deterioration; Greenhouse Gas Plantwide 
Applicability Limit Permitting Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving one 
revision to the Arkansas State Implementation Plan (SIP) submitted by 
the Arkansas Governor to the EPA on January 7, 2014. This submittal 
revises the Arkansas Prevention of Significant Deterioration (PSD) 
Permitting Program to incorporate by reference federal plantwide 
applicability limit (PAL) permitting provisions to enable the State of 
Arkansas to issue PSD PALs to sources with greenhouse gas (GHG) 
emissions. The EPA has determined that the January 7, 2014 revision to 
the Arkansas SIP is consistent with federal requirements for PSD 
permitting. The EPA is also approving ministerial changes to the Code 
of Federal Regulations (CFR) to reflect recent EPA SIP approvals to the 
Arkansas PSD program and to show that SIP deficiencies identified in 
prior partial disapprovals have been addressed. We are finalizing this 
action under section 110 and part C of title I of the Clean Air Act 
(CAA or the Act).

DATES: This final rule is effective on August 6, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2014-0378. 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 
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our April 
27, 2015 proposal. See 80 FR 23245. In that document, we proposed to 
approve the January 7, 2014, Arkansas SIP revision; a submittal that 
included PSD permitting provisions adopted on June 28, 2013, at the 
Arkansas Pollution Control and Ecology Commission's (``Commission'') 
Regulation Number 19, Regulations of the Arkansas Plan of 
Implementation for Air Pollution Control (hereinafter Regulation 19 at 
19.904(A)(1) and (G)(1)). These revisions to the PSD program provide 
the Arkansas Department of Environmental Quality (ADEQ) the ability to 
issue GHG PSD PALs consistent with the ``Prevention of Significant 
Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG 
Plantwide Applicability Limits Final Rule'' (77 FR 41051) and recent 
litigation surrounding the permitting of GHGs.\1\ The January 7,

[[Page 38626]]

2014 submittal also included a non-substantive revision to the 
Regulation 19.904(E)(3) to correct a reference to federal air quality 
models for PSD permitting. The April 27, 2015, proposal and the 
accompanying Technical Support Document (TSD) present our rationale for 
approving these regulations as meeting the minimum federal requirements 
for the adoption and implementation of the PSD SIP permitting programs. 
This action was proposed under section 110 and part C of the Act. We 
did not receive any comments regarding our proposal.
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    \1\ As explained more fully in our April 27, 2015, proposed 
rulemaking; the U.S. Supreme Court issued a decision addressing the 
application of PSD permitting requirements to GHG emissions on June 
23, 2014, in Utility Air Regulatory Group v. Environmental 
Protection Agency. See 134 S.Ct. 2427 (2014) (the ``UARG'' 
decision).The UARG decision effectively upheld PSD permitting 
requirements for GHG emissions under Step 1 of the Tailoring Rule 
for ``anyway sources'' and invalidated PSD permitting requirements 
for Step 2 sources. In accordance with the UARG decision, on April 
10, 2015, the U.S. Court of Appeals for the District of Columbia 
Circuit (the D.C. Circuit) issued an amended judgment vacating the 
regulations that implemented Step 2 of the Tailoring Rule, but not 
the regulations that implement Step 1 of the Tailoring Rule. See 
Coalition for Responsible Regulation v. EPA, D.C. Cir., No. 09-1322, 
06/26/20, judgment entered for No. 09-1322 on 04/10/2015. (The 
``Coalition'' decision). Neither the UARG decision nor the Coalition 
judgment directly impacted the ability to issue PALs for GHGs for 
existing major stationary sources. We anticipate that the EPA will 
need to revise the PAL provisions in the future to address the 
specifics of these decisions, but this does not affect today the 
finalization of the State's PAL provisions that can be used to 
provide PALs for GHGs consistent with the UARG and Coalition 
decisions. Therefore we can finalize approval of the AR GHG PAL 
provisions at this time.
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II. Final Action

    The EPA is approving the January 7, 2014 submitted revisions to the 
Arkansas PSD Permitting Program at Regulation 19.904(A)(1), (E)(3), and 
(G)(1) into the Arkansas SIP. The EPA has determined that the January 
7, 2014 revision is approvable because the submitted rules are adopted 
and submitted in accordance with the CAA and are consistent with the 
EPA's regulations regarding PSD permitting for emissions of GHGs. 
Therefore, the EPA approves the following as a revision to the Arkansas 
PSD SIP:
     Substantive revisions to Regulation 19.904(A)(1) 
incorporating by reference the federal GHG PSD PAL permitting 
provisions,
     Revisions to Regulation 19.904(E)(3) to update the 
reference to federal PSD air quality models at 40 CFR 52.21(l)(2), and
     Substantive revisions to Regulation 19.904(G)(1) 
establishing the requirements for GHG PSD PAL permits consistent with 
federal requirements.
    The EPA is also finalizing our approval of ministerial changes to 
40 CFR 52.170(e) and 40 CFR 52.172(b) which reflect that deficiencies 
identified in our partial disapproval of the December 17, 2007 and 
March 28, 2008 Arkansas SIP submittals for the 1997 8-hour ozone NAAQS 
were addressed by our approval of Arkansas PSD program revisions which 
provide the authority to regulate and permit emissions of GHGs on April 
2, 2013 (78 FR 19596). We are also approving a ministerial change to 40 
CFR 52.181(a) to reflect that the EPA approved a revision to the PSD 
program for the authority to regulate and permit emissions of GHGs on 
April 2, 2013 (78 FR 19596).
    The EPA is approving these actions under section 110 and part C of 
the Act, and for the reasons stated above.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, we are finalizing the incorporation by reference of the 
revisions to the Arkansas regulations as described in the Final Action 
section above. We have made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the EPA Region 6 office.

IV. 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 Orders 
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 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, 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).
    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 September 8, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality

[[Page 38627]]

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: June 19, 2015.
Samuel Coleman,
Acting 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. Section 52.170 is amended by revising:
0
a. The entry for Section 19.904 in the table titled ``EPA-Approved 
Regulations in the Arkansas SIP'' in paragraph (c); and
0
b. The entries for ``Infrastructure for the 1997 Ozone NAAQS'' and 
``Interstate transport for the 1997 ozone NAAQS (Noninterference with 
measures required to prevent significant deterioration of air quality 
in any other State)'' in the third table titled ``EPA-Approved Non-
Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' in paragraph (e).
    The revisions read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
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                                                               State
         State citation               Title/Subject         submittal/    EPA Approval date      Explanation
                                                          effective date
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         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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                                                  * * * * * * *
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                               Chapter 9: Prevention of Significant Deterioration
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                                                  * * * * * * *
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Section 19.904.................  Adoption of Regulations      12/01/2014  7/7/2015 [Insert   ...................
                                                                           FR page number
                                                                           where document
                                                                           begins].
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                                                  * * * * * * *
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* * * * *
    (e) * * *

            EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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                                                            State
     Name of SIP provision      Applicable geographic    submittal/     EPA Approval date       Explanation
                                or nonattainment area  effective date
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                                                  * * * * * * *
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Infrastructure for the 1997     Statewide............        12/17/07  8/20/12 (77 FR      Approval for CAA
 Ozone NAAQS.                                                 3/28/08   50033).             elements
                                                                                            110(a)(2)(A), (B),
                                                                                            (E), (F), (G), (H),
                                                                                            (K), (L), and (M).
                                                                                            Approval for CAA
                                                                                            elements
                                                                                            110(a)(2)(C),
                                                                                            (D)(i)(II)
                                                                                            (interfere with
                                                                                            measures in any
                                                                                            other state to
                                                                                            prevent significant
                                                                                            deterioration of air
                                                                                            quality), (D)(ii),
                                                                                            and (J) for the 1997
                                                                                            ozone NAAQS, except
                                                                                            as it relates to
                                                                                            Greenhouse Gas (GHG)
                                                                                            emissions. The GHG
                                                                                            PSD deficiency was
                                                                                            addressed on April
                                                                                            2, 2013 (78 FR
                                                                                            19596).
 

[[Page 38628]]

 
                                                  * * * * * * *
Interstate transport for the    Statewide............          4/5/11  8/20/12 (77 FR      Approved except as it
 1997 ozone NAAQS                                                       50033).             relates to GHGs. The
 (Noninterference with                                                                      GHG PSD deficiency
 measures required to prevent                                                               was addressed on
 significant deterioration of                                                               April 2, 2013 (78 FR
 air quality in any other                                                                   19596).
 State).
 
                                                  * * * * * * *
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Sec.  52.172  [Amended]

0
3. Section 52.172 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.

0
4. Section 52.181 is amended by redesignating paragraph (a)(5) as 
paragraph (a)(7) and adding paragraphs (a)(5) and (6) to read as 
follows:


Sec.  52.181  Significant deterioration of air quality.

    (a) * * *
    (5) November 6, 2012--submittal of Regulation 19, Chapter 9, 
Prevention of Significant Deterioration which provided the authority to 
regulate greenhouse gas emissions in the Arkansas PSD program.
    (6) January 7, 2014--submittal of Regulation 19, Chapter 9, 
Prevention of Significant Deterioration which updated the Arkansas PSD 
program to provide for the issuance of greenhouse gas plantwide 
applicability limit permits.
* * * * *
[FR Doc. 2015-16388 Filed 7-6-15; 8:45 am]
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