[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38964-38968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16904]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0699; FRL-9981-41--Region 6]


Air Plan Approval; Arkansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 portions of the 
revisions to the Arkansas State Implementation Plan (SIP) submitted by 
the Arkansas Department of Environmental Quality (ADEQ) on March 24, 
2017. Most of the revisions are administrative in nature and make the 
SIP current with Federal rules. The EPA is also making ministerial 
changes to the Code of Federal Register (CFR) to reflect SIP actions 
pertaining to the Arkansas Prevention of Significant Deterioration 
(PSD) program.

DATES: This rule is effective on November 6, 2018 without further 
notice, unless the EPA receives relevant adverse comment by September 
7, 2018. 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 No. EPA-R06-OAR-
2017-0699, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Carrie Paige, 214-665-
6521, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    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: Carrie Paige, 214-665-6521, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Paige or Mr. Bill Deese at 214-665-
7253.

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

I. Background

    The SIP is a set of air pollution regulations, control strategies, 
and technical analyses developed by the state to ensure that the state 
meets the National Ambient Air Quality Standards (NAAQS). These ambient 
standards are established under section 109 of the Act and they 
currently address six criteria pollutants: Carbon monoxide, lead, 
nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The 
SIP is required by Section 110 of the Act and can be extensive, 
containing state regulations or other enforceable documents and 
supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.
    On March 24, 2017, the Governor of Arkansas submitted to the EPA 
revisions to the Arkansas SIP. The submittal includes revisions to the 
Regulations of the Arkansas Plan of Implementation for Air Pollution 
Control enacted at Arkansas Annotated Code (``Ark. Code Ann.'') 
Regulation 19 (``Reg. 19''), Chapters 1-5, 7, 9, 11, 13-15, Appendix A, 
and Appendix B, and the Infrastructure and NAAQS SIPs. EPA has taken 
separate action on the following portions of this submittal: (1) On 
December 21, 2017, EPA approved the revisions to Reg. 19, Chapter 2, 
that address the definition of ``Volatile Organic Compounds'' (see 82 
FR 60517); (2) On February 14, 2018, EPA approved the Infrastructure 
portion (see 83 FR 6470); (3) On June 29, 2018, EPA approved the 
revisions to Reg. 19, Chapter 4, that address Minor New Source Review 
(see 83 FR 30553); And, (4) on June 29, 2018, EPA proposed to approve 
the revisions that address interstate transport requirements for the 
2012 PM2.5 NAAQS and the revisions to Reg. 19, Chapter 2 and 
Appendix B, that address the definition of 2012 PM2.5 in the 
definition of ``NAAQS'' and the table for ``Particle Pollution, 
PM2.5'' (see 83 FR 30622). Because these prior EPA actions 
did not address all the submitted revisions to Reg. 19, Chapter 2 and 
Appendix B, today's action addresses the remaining submitted revisions 
to Reg. 19, Chapter 2 and Appendix B, and the submitted revisions to 
Reg. 19, Chapters 1, 3, 5, 13, 14, and 15. For a detailed list of each 
revision with our evaluation, please see our Technical Support Document 
(TSD) in the docket for this rulemaking.

II. Summary of Revisions to the Arkansas SIP and EPA Evaluation

A. Non-Substantive Changes

    Non-substantive changes were made to Regulation 19, Chapter 1, 
Sections

[[Page 38965]]

101 and 103; Chapter 2 definitions; Chapter 3, Sections 301 and 304; 
Chapter 5, Sections 502-504; Chapter 13, Sections 1303 and 1308; 
Chapter 14, Section 1401; and Chapter 15, Sections 1502 and 1504 such 
as edits to acronyms, punctuation and section symbols. A complete 
listing of the non-substantive changes is in the TSD for this action. 
These changes are being approved here to maintain consistency between 
State rules and the approved SIP.

B. Regulation 19, Chapter 2--Definitions

    Two definitions, ``NAAQS state implementation plan or NAAQS SIP'' 
and ``State implementation plan or SIP'' are new--these definitions are 
applicable to revised provisions in this SIP submittal. Several other 
revisions provide current references and publication dates for the 
specified Federal regulations within the definition. These revisions 
are necessary because Arkansas does not incorporate changes to the 
Federal regulations by reference prospectively and thus, must update 
its rules as Federal regulations are revised. For example, when the EPA 
revises test methods to allow the use of newly approved alternative 
procedures, the State must revise their state rules to incorporate the 
date of that Federal action. We find these revisions approvable.
    In addition, the revisions to the definition for ``CO2 equivalent 
emissions'' delete a sentence commonly referred to as EPA's Biomass 
Deferral language, which EPA disapproved as a revision to the Arkansas 
SIP on May 23, 2016 (see 81 FR 32239 and 40 CFR 52.172). Because of our 
disapproval (see 81 FR 32239), the Biomass Deferral language was never 
in the Arkansas approved SIP and thus, the State's removal of this 
language from its State rules is a non-substantive change. Because the 
submitted revisions delete previously disapproved language, we are 
removing the prior disapproval listed in 40 CFR 52.172(c) as described 
in paragraph D of this action.

C. Regulation 19, Appendix B--National Ambient Air Quality Standards 
List

    The revisions to the tables for Lead, PM2.5, and 
PM10 are non-substantive because the revisions remove 
unnecessary punctuation. The revisions to the tables for Nitrogen 
Dioxide, Ozone, and Sulfur Dioxide expand the applicability of these 
NAAQS from Chapter 9, which addresses Administrative Permit Amendments, 
to include all chapters in Reg. 19. We find these revisions approvable.

D. Ministerial Changes to the CFR

    We are making ministerial changes to the CFR to reflect that (1) 
our March 4, 2015 approval of revisions to the Arkansas PSD regulations 
for the PM2.5 NAAQS (80 FR 11573) addressed our August 20, 
2012 disapproval of Arkansas infrastructure SIP elements pertaining to 
these NAAQS (77 FR 50033) and (2) our approval of the revised 
definition for ``CO2 equivalent emissions'' submitted on March 24, 2017 
addresses our May 23, 2016 disapproval of the definition (81 FR 32239), 
as described in paragraph B of this action and the TSD.

E. Section 110(l) Analysis

    Section 110(l) of the Act precludes EPA from approving a revision 
of a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in section 171 of the CAA), or any other applicable requirement 
of the Act. The submitted revisions in this action expand the 
applicability of the NAAQS in Appendix B to all chapters in Reg. 19. In 
addition, the submitted revisions evaluated in this action do not relax 
or otherwise weaken existing rules in the Arkansas SIP. Therefore, 
these revisions would not contribute to future violations of the NAAQS 
or interfere with reasonable further progress or any applicable CAA 
requirements. The non-substantive revisions also would not contribute 
to future violations of the NAAQS or interfere with reasonable further 
progress or any applicable CAA requirements.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving revisions to 
the Arkansas SIP submitted on March 24, 2017. Specifically, we are 
approving revisions to Regulation 19, Chapter 1, Sections 101 and 103; 
Chapter 2 definitions; Chapter 3, Sections 301 and 304; Chapter 5, 
Sections 502-504; Chapter 13, Sections 1303 and 1308; Chapter 14, 
Section 1401; Chapter 15, Sections 1502 and 1504; and Appendix B tables 
addressing Lead, Nitrogen Dioxide, Ozone, PM10, and Sulfur 
Dioxide. The EPA is also removing the disapproval of the Greenhouse Gas 
(GHG) Biomass Deferral listed at 40 CFR 52.172(c).
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no 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 November 6, 2018 
without further notice unless we receive relevant adverse comment by 
September 7, 2018. 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 
relevant 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 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 
revisions to the Arkansas regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact Carrie Paige, 214-665-6521, 
[email protected] for more information). Therefore, these materials 
have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.

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 CAA. 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:

[[Page 38966]]

     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, 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 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. The EPA will submit a report containing this rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 9, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur 
oxides.

    Dated: July 31, 2018.
Anne Idsal,
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:
0
a. In paragraph (c), the table titled ``EPA-Approved Regulations in the 
Arkansas SIP'' is amended by revising the entries under Regulation 19 
for ``Reg. 19.101'', ``Reg. 19.103'', ``Chapter 2'', ``Reg. 19.301'', 
``Reg. 19.304'', ``Reg. 19.502-504'', ``Reg. 19.1303'', ``Reg. 
19.1308'', ``Reg. 19.1401'', ``Reg. 19.1502'', ``Reg. 19.1504'', and 
``Appendix B''; and
0
b. In paragraph (e), the third table titled ``EPA-Approved Non-
Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' is amended by revising the entry for ``Infrastructure for the 
1997 and 2006 PM2.5 NAAQS''.
    The revisions read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject      submittal/     EPA approval date        Explanation
                                                     effective date
----------------------------------------------------------------------------------------------------------------
         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                      Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 19.101....................  Title.............       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Reg. 19.103....................  Intent and               3/24/2017  8/8/2018, [Insert
                                  Construction.                       Federal Register
                                                                      citation].
 

[[Page 38967]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2......................  Definitions.......       3/24/2017  8/8/2018, [Insert   The definition of VOC
                                                                      Federal Register    submitted on 3/24/2017
                                                                      citation].          was approved on 12/21/
                                                                                          2017 (82 FR 60517).
                                                                                          Revisions to the
                                                                                          definition of National
                                                                                          Ambient Air Quality
                                                                                          Standard submitted on
                                                                                          3/24/2017 are
                                                                                          addressed in a
                                                                                          separate action.
----------------------------------------------------------------------------------------------------------------
                       Chapter 3: Protection of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Reg. 19.301....................  Purpose...........       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Reg. 19.304....................  Delegated Federal        3/24/2017  8/8/2018, [Insert
                                  Programs.                           Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reg. 19.502....................  General                  3/24/2017  8/8/2018, [Insert
                                  Regulations.                        Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Reg. 19.504....................  Stack Height/            3/24/2017  8/8/2018, [Insert
                                  Dispersion                          Federal Register
                                  Regulations.                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reg. 19.1303...................  Definitions.......       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Reg. 19.1308...................  Vapor Recovery           3/24/2017  8/8/2018, [Insert
                                  Systems.                            Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       Chapter 14: CAIR NO Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401...................  Adoption of              3/24/2017  8/8/2018, [Insert
                                  Regulations.                        Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Chapter 15: Regional Haze
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reg. 19.1502...................  Definitions.......       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].
 

[[Page 38968]]

 
                                                  * * * * * * *
Reg. 19.1504...................  Facilities Subject-      3/24/2017  8/8/2018, [Insert
                                  to-BART.                            Federal Register
                                                                      citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Appendix B: National Ambient Air Quality Standards List
----------------------------------------------------------------------------------------------------------------
Appendix B.....................  National Ambient         3/24/2017  8/8/2018, [Insert
                                  Air Quality                         Federal Register
                                  Standards List.                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                               State
                                           Applicable        submittal/      EPA
       Name of SIP provision             geographic or       effective     approval           Explanation
                                      nonattainment  area       date         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure for the 1997 and      Statewide............   3/28/2008,     3/4/2015  Approval for CAA elements
 2006 PM2.5 NAAQS.                                           9/16/2009,       (80 FR   110(a)(2)(A), (B), (E),
                                                              12/1/2014       11573)   (F), (G), (H), (K), (L),
                                                                                       and (M) on 8/20/2012 (77
                                                                                       FR 50033). Approval for
                                                                                       PSD elements (C),
                                                                                       (D)(i)(II) (interfere
                                                                                       with measures in any
                                                                                       other state to prevent
                                                                                       significant deterioration
                                                                                       of air quality), D(ii)
                                                                                       and (J) on March 4, 2015
                                                                                       (80 FR 11573).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  52.172  [Amended]

0
3. Section 52.172 is amended by removing paragraphs (a), (b), and (c).

[FR Doc. 2018-16904 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P