[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6470-6472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02892]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0435; FRL-9973- 23--Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Arkansas; Infrastructure State Implementation Plan Requirements for the 
National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving State Implementation 
Plan (SIP) revisions submitted by the State of Arkansas to address the 
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or 
Act) for the 2006 and 2012 fine particulate matter (PM2.5) 
National Ambient Air Quality Standards (NAAQS), 2008 lead (Pb) NAAQS, 
2008 ozone (O3) NAAQS, 2010 nitrogen dioxide 
(NO2) NAAQS, and the 2010 sulfur dioxide (SO2) 
NAAQS. Under CAA sections 110(a)(1) and 110(a)(2), each state is 
required to submit a SIP that provides for the implementation, 
maintenance, and enforcement of a revised primary or secondary NAAQS. 
CAA sections 110(a)(1) and (2) require each state to make a new SIP 
submission within three years after EPA promulgates a new or revised 
NAAQS for approval into the existing federally-approved SIP to assure 
that the SIP meets the applicable requirements for such new and revised 
NAAQS. This type of SIP submission is commonly referred to as an 
``infrastructure SIP or ``i-SIP.''

DATES: This final rule is effective on March 16, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2017-0435. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Nevine Salem, (214) 665-7222, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with her or Bill Deese at (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
November 20, 2017 proposal (82 FR 55065). In that action, we proposed 
to approve the Arkansas i-SIP submittal dated March 24, 2017 to address 
the requirements of sections 110(a)(1) and (2) of the Act for the 2006 
and 2012 PM2.5 NAAQS, 2008 lead (Pb) NAAQS, 2008 ozone 
(O3) NAAQS, 2010 nitrogen dioxide (NO2) NAAQS, 
and the 2010 sulfur dioxide (SO2) NAAQS. Under CAA sections 
110(a)(1) and 110(a)(2), each state is required to submit a SIP that 
provides for the implementation, maintenance, and enforcement of a 
revised primary or secondary NAAQS. CAA sections 110(a)(1) and (2) 
require each state to make a new SIP submission within three years 
after EPA promulgates a new or revised NAAQS for approval into the 
existing federally-approved SIP to assure that the SIP meets the 
applicable requirements for such new and revised NAAQS.
    We received an anonymous public comment on December 18, 2017 on the 
proposed rulemaking action. The comment is posted to the docket (EPA-
R06-OAR-2017-0435). The commenter raised concerns about the accuracy of 
agricultural and wild fires emissions inventory. Such comment is 
irrelevant and is outside the scope of this specific rule making 
action.

II. Final Action

    As detailed in the proposal action, EPA is approving the majority 
of the March 24, 2017, Arkansas i-SIP submittal, which addresses the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2006 PM2.5, 2008 Pb, 2008 O3, 2010 
SO2, 2010 NO2, and 2012 PM2.5 NAAQS. 
Table 1 outlines the specific actions \1\ we are approving in this 
final rulemaking.
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    \1\ Note that regarding CAA 110(D)(i)(II) Visibility 
Protection--(``prong 4'') for the 2006 PM2.5, EPA 
previously proposed disapproval at 80 FR 38419 (July 6, 2015) for an 
earlier SIP submittal dated September 21, 2009. However, in the 
State's March 24, 2017 submittal, Arkansas submitted revisions to 
address CAA 110(D)(i)(II) (``prong 4'') for the 2006 
PM2.5 that supersede the September 21, 2009 submittal. In 
Table 1 below, we are making an administrative correction to the 
table as was originally proposed. We are making an administrative 
correction to note a minor change from ``No submittal'' to ``No 
action'' for the 2006 PM2.5 (``prong 4''). We will 
address the 2006 PM2.5 NAAQs 110(a)(2)(D)(i)(II)(``prong 
4'') element in a future rule making.

              Table 1--Final Actions on the Arkansas Infrastructure SIP Submittal for Various NAAQS
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                               2006 PM2.5                                                            2012 PM2.5
           Element                             2008 Pb     2008 Ozone     2010 NO2      2010 SO2
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(A): Emission limits and               A*             A             A             A             A             A
 other control measures.....
(B): Ambient air quality               A*             A             A             A             A             A
 monitoring and data system.
(C)(i): Enforcement of SIP             A*             A             A             A             A             A
 measures...................
(C)(ii): PSD program for               A*             A             A             A             A             A
 major sources and major
 modifications..............
(C)(iii): Permitting program           A*             A             A             A             A             A
 for minor sources and minor
 modifications..............

[[Page 6471]]

 
(D)(i)(I): Contribute to               A*             A           *No             A     No action     No action
 nonattainment/interfere                                    submittal
 with maintenance of NAAQS
 (prongs 1 and 2)...........
(D)(i)(II): PSD (requirement           A*             A             A             A             A             A
 3).........................
(D)(i)(II): Visibility          No action             A     No action     No action     No action     No action
 Protection (requirement 4).
(D)(ii): Interstate and                 A             A             A             A             A             A
 International Pollution
 Abatement..................
(E)(i): Adequate resources..           A*             A             A             A             A             A
(E)(ii): State boards.......           A*             A             A             A             A             A
(E)(iii): Necessary                    A*             A             A             A             A             A
 assurances with respect to
 local agencies.............
(F): Stationary source                 A*             A             A             A             A             A
 monitoring system..........
(G): Emergency power........           A*             A             A             A             A             A
(H): Future SIP revisions...           A*             A             A             A             A             A
(I): Nonattainment area plan            +             +             +             +             +             +
 or plan revisions under
 part D.....................
(J)(i): Consultation with              A*             A             A             A             A             A
 government officials.......
(J)(ii): Public notification           A*             A             A             A             A             A
(J)(iii): PSD...............           A*             A             A             A             A             A
(J)(iv): Visibility                     +             +             +             +             +             +
 protection.................
(K): Air quality modeling              A*             A             A             A             A             A
 and data...................
(L): Permitting fees........           A*             A             A             A             A             A
(M): Consultation and                  A*             A             A             A             A             A
 participation by affected
 local entities.............
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Key to Table 1: Final actions on AR infrastructure SIP submittals for various NAAQS.
A--Approve.
A*--Previously approved for an earlier submittal.
+--Not germane to infrastructure SIPs.
No action--EPA is taking no action on these infrastructure requirements in this rulemaking. EPA may address in
  separate future rulemaking action(s).
*--No submittal *FIP in place.

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, 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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 CAA; 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 April 16, 2018. 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, Interstate transport of 
pollution, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

[[Page 6472]]

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, in paragraph (e), the third table titled ``EPA-
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the 
Arkansas SIP'' is amended by adding the following entries at the end:


Sec.  52.170  Identification of plan.

* * * * *
    (e) * * *

             EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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                                      Applicable           State
     Name of SIP provision          geographic or       submittal/     EPA approval date        Explanation
                                  nonattainment area  effective date
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                                                  * * * * * * *
Infrastructure for the 2006      Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 PM2.5 NAAQS.                                                          Federal Register    110(a)(2)(D)(ii).
                                                                       citation].
Infrastructure for the 2008 Pb   Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2008 O3   Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i) (portions
                                                                                           pertaining and PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2010 NO2  Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i)(portion
                                                                                           pertaining to
                                                                                           nonattainment
                                                                                           interference with
                                                                                           maintenance and PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2010 SO2  Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i)(portion
                                                                                           pertaining to PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2012      Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 PM2.5 NAAQS.                                                          Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i) (portion
                                                                                           pertaining to PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
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[FR Doc. 2018-02892 Filed 2-13-18; 8:45 am]
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