[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18994-18995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08253]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-9961-81-Region 6]


Promulgation of Air Quality Implementation Plans; State of 
Arkansas; Regional Haze and Interstate Visibility Transport Federal 
Implementation Plan; Partial Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial stay of effectiveness of final rule.

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SUMMARY: By a letter dated April 14, 2017, EPA announced the convening 
of a proceeding for reconsideration of certain requirements in the 
final rule promulgating a Federal Implementation Plan (FIP) for the 
State of Arkansas addressing regional haze and interstate visibility 
transport under the Federal Clean Air Act (the Act, or CAA). The rule 
was published in the Federal Register on September 27, 2016. The EPA is 
administratively staying for 90 days the effectiveness of the rule 
requirements that are under reconsideration. The EPA is adding language 
to the Code of Federal Regulations (CFR) to reflect this stay.

DATES: Certain portions of 40 CFR 52.173(c)(7) and (25), as specified 
in this document, are administratively stayed from April 25, 2017 until 
July 24, 2017. The addition of 40 CFR 52.173(e) in this rule is 
effective from April 25, 2017, until July 24, 2017.

ADDRESSES: The EPA has established a docket for this reconsideration 
proceeding under Docket ID No. EPA-R06-OAR-2015-0189. All documents in 
the docket are available electronically at http://www.regulations.gov 
and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
TX 75202-2733. To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section.

[[Page 18995]]

A reasonable fee may be charged for copies.

FOR FURTHER INFORMATION CONTACT: Barbara Nann, (214) 665-2157; 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On September 27, 2016 (81 FR 66332), EPA (``we'') published a rule 
titled ``Promulgation of Air Quality Implementation Plans; State of 
Arkansas; Regional Haze and Interstate Visibility Transport Federal 
Implementation Plan'' (Arkansas Regional Haze FIP or FIP) addressing 
certain requirements of the Regional Haze Rule at 40 CFR 51.308 and the 
CAA regarding interference with other states' programs for visibility 
protection (interstate visibility transport) triggered by the issuance 
of the 1997 ozone National Ambient Air Quality Standards (NAAQS) and 
the 1997 fine particulate matter (PM2.5) NAAQS.\1\
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    \1\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016) 
(correction).
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    The Arkansas Department of Environmental Quality (ADEQ) submitted a 
petition to the EPA dated November 22, 2016, seeking reconsideration 
and an administrative stay of specific portions of the final Arkansas 
Regional Haze FIP pursuant to section 307(d)(7)(B) of the CAA and 
section 705 of the Administrative Procedure Act (APA). Similar 
petitions were submitted by Entergy Arkansas Inc., Entergy Mississippi 
Inc., and Entergy Power LLC (collectively Entergy) and the Arkansas 
Electric Cooperative Corporation (AECC), owners of Flint Creek, White 
Bluff, and Independence facilities and the Energy Environmental 
Alliance of Arkansas (EEAA). Under section 307(d)(7)(B) of the CAA, the 
Administrator shall commence a reconsideration proceeding if, in the 
Administrator's judgment, the petitioner raises an objection to a rule 
that was impracticable to raise during the comment period or if the 
grounds for the objection arose after the comment period but within the 
period for judicial review. In either case, the Administrator must also 
conclude that the objection is of central relevance to the outcome of 
the rule. The Administrator may stay the effectiveness of the rule for 
up to 90 days during such reconsideration.
    In a letter dated April 14, 2017, EPA announced the convening of a 
proceeding for reconsideration under section 307(d)(7)(B) of the 
compliance dates for the NOX emission limits for Flint Creek 
Unit 1, White Bluff Units 1 and 2, and Independence Units 1 and 2. 
Further, based on statements by Entergy regarding the limited future 
operations of White Bluff, the EPA also determined to grant 
reconsideration of the SO2 emission limits for Units 1 and 2 
at the facility. We granted reconsideration of these provisions of the 
FIP because the grounds for Petitioners' objections arose after the 
close of the comment period and are of central relevance to the outcome 
of the final rule pursuant to Clean Air Act section 307(d)(7)(B). The 
EPA did not specifically request comment on the 18-month compliance 
dates for NOX controls in the FIP, and reconsideration will 
allow for additional public comment on these issues. In addition, new 
information clarified the intent of Entergy's comments regarding future 
operations at White Bluff and indicated that reconsideration of the 
SO2 best available retrofit technology (BART) emission 
limits based on a shorter remaining useful life is warranted. Finally, 
as we are reconsidering the compliance dates for the NOX 
emission limits at Independence, we are also reconsidering the 
compliance dates for the SO2 emission limits for 
Independence Units 1 and 2 to ensure that the schedule for compliance 
for these emission limits is coordinated. The EPA did not take action 
on the remaining issues in the petitions for reconsideration of the 
Arkansas FIP. A copy of this letter is included in the docket, Docket 
ID No. EPA-R06-OAR-2015-0189.
    We will prepare a notice of proposed rulemaking that will provide 
ADEQ, Entergy, AECC, EEAA and the public an opportunity to comment on 
the issues identified above as well as any other matter we believe will 
benefit from additional comment.

II. Partial Stay of Certain Provisions of the FIP

    The EPA hereby issues a 90 day stay from April 25, 2017 of the 
effectiveness of 40 CFR 52.173(c)(7) and (25) with regards to the 
compliance dates for the NOX emission limits for Flint Creek 
Unit 1, White Bluff Units 1 and 2, and Independence Units 1 and 2, and 
the compliance dates for the SO2 emission limits for White 
Bluff Units 1 and 2 and Independence Units 1 and 2. We are amending the 
Code of Federal Regulations to reflect this stay. This stay does not 
apply to any other provisions of the rule. If the EPA is unable to 
complete final action on reconsideration prior to the conclusion of 
this stay, we will consider granting a further stay of the rule. This 
stay, however, does not alter or extend the ultimate compliance 
timeframes set out in the final FIP. The EPA intends to propose a 
future rulemaking to extend the deadlines to account for the period of 
the stay or to account for another alternative proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Best available 
retrofit technology, Incorporation by reference, Intergovernmental 
relations, Interstate transport of pollution, Nitrogen dioxide, Ozone, 
Particulate matter, Regional haze, Reporting and recordkeeping 
requirements, Sulfur dioxides, Visibility.

    Dated: April 17, 2017.
E. Scott Pruitt,
Administrator.
    Title 40, chapter I, of the Code of Federal Regulations 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. Amend Sec.  52.173 by adding paragraph (e) to read as follows:


Sec.  52.173  Visibility protection.

* * * * *
    (e) Paragraphs (c)(7) and (25) of this section relating to the 
compliance dates for the NOX emission limits for Flint Creek 
Unit 1, White Bluff Units 1 and 2, and Independence Units 1 and 2, as 
well as the compliance dates for the SO2 emission limits for 
White Bluff Units 1 and 2 and Independence Units 1 and 2, are stayed 
from April 25, 2017 until July 24, 2017, when the stay will 
automatically terminate.

[FR Doc. 2017-08253 Filed 4-24-17; 8:45 am]
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