[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Rules and Regulations]
[Pages 15101-15104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-10019-83-Region 6]


Air Plan Approval; Arkansas; Regional Haze and Interstate 
Visibility Transport Federal Implementation Plan; Withdrawal of Federal 
Implementation Plan Provisions for the Domtar Ashdown Mill

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to withdraw the remaining portion of a Federal Implementation 
Plan (FIP) for Arkansas that was published in the Federal Register on 
September 27, 2016, which addressed certain regional haze obligations 
for the first implementation period for the Domtar Ashdown Mill. 
Specifically, this remaining portion of the FIP we are withdrawing 
contains best available retrofit technology (BART) requirements for 
sulfur dioxide (SO2) and nitrogen oxide (NOX) for 
Domtar Ashdown Mill Power Boiler No. 1; and SO2, 
NOX, and particulate matter (PM) BART requirements for Power 
Boiler No. 2. These portions of the FIP are being replaced by a 
revision to the Arkansas State Implementation Plan (SIP) containing 
SO2, NOX, and PM10 BART alternative 
emission limitations that we are taking final action to approve in a 
separate rulemaking that is also being published in this issue of the 
Federal Register.

DATES: This final rule will be effective April 21, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R06-OAR-2015-0189. All documents in the docket are 
listed at 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, 1201 Elm Street, Suite 500, Dallas, 
Texas 75270-2102.

FOR FURTHER INFORMATION CONTACT: James E. Grady, Air and Radiation 
Division, Environmental Protection

[[Page 15102]]

Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 
telephone (214) 665-6745; email address [email protected].

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

Table of Contents

I. Background
II. Final Action
III. Responses to Comments
IV. Statutory and Executive Order Reviews

I. Background

    Arkansas submitted a SIP revision on September 9, 2008, to address 
the requirements of the first regional haze implementation period. On 
August 3, 2010, Arkansas submitted a SIP revision with mostly non-
substantive revisions to Arkansas Pollution Control and Ecology 
Commission (APCEC) Regulation 19, Chapter 15.\1\ On September 27, 2011, 
the State submitted supplemental information to clarify several aspects 
of the September 9, 2008 submittal. Hereafter we refer to these 
regional haze submittals collectively as the ``2008 Arkansas Regional 
Haze SIP.'' On March 12, 2012, we partially approved and partially 
disapproved the 2008 Arkansas Regional Haze SIP.\2\ On September 27, 
2016, in accordance with section 110(c)(1) of the CAA, we promulgated a 
FIP (the Arkansas Regional Haze FIP) addressing the disapproved 
portions of the 2008 Arkansas Regional Haze SIP.\3\ Among other things, 
the FIP established SO2, nitrogen oxide (NOX), 
and PM emission limits under the BART requirements for nine units at 
six facilities: Arkansas Electric Cooperative Corporation (AECC) Bailey 
Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/
Southwestern Electric Power Company (AEP/SWEPCO) Flint Creek Plant 
Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant 
Unit 4; Entergy White Bluff Plant Units 1 and 2; Entergy White Bluff 
Auxiliary Boiler; and the Domtar Ashdown Mill Power Boilers No. 1 and 
2. The FIP also established SO2 and NOX emission 
limits under the reasonable progress requirements for Entergy 
Independence Units 1 and 2.
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    \1\ The September 9, 2008 SIP submittal included APCEC 
Regulation 19, Chapter 15, which is the state regulation that 
identified the BART-eligible and subject-to-BART sources in Arkansas 
and established BART emission limits for subject-to-BART sources. 
The August 3, 2010 SIP revision did not revise Arkansas' list of 
BART-eligible and subject-to-BART sources or revise any of the BART 
requirements for affected sources. Instead, it included mostly non-
substantive revisions to the state regulation.
    \2\ 77 FR 14604.
    \3\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016) 
(correction).
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    Following the issuance of the Arkansas Regional Haze FIP, the State 
of Arkansas and several industry parties filed petitions for 
reconsideration and a motion for an administrative stay of the final 
rule.\4\ On April 14, 2017, we announced our decision to reconsider 
several elements of the FIP, as follows: Appropriate compliance dates 
for the NOX emission limits for Flint Creek Boiler No. 1, 
White Bluff Units 1 and 2, and Independence Units 1 and 2; the low-load 
NOX emission limits applicable to White Bluff Units 1 and 2 
and Independence Units 1 and 2 during periods of operation at less than 
fifty percent of the units' maximum heat input rating; the 
SO2 emission limits for White Bluff Units 1 and 2; and the 
compliance dates for the SO2 emission limits for 
Independence Units 1 and 2.\5\
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    \4\ See the docket associated with this proposed rulemaking for 
a copy of the petitions for reconsideration and administrative stay 
submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy 
Mississippi Inc., and Entergy Power LLC (collectively ``Entergy''); 
AECC; and the Energy and Environmental Alliance of Arkansas (EEAA).
    \5\ Letter from E. Scott Pruitt, Administrator, EPA, to Nicholas 
Jacob Bronni and Jamie Leigh Ewing, Arkansas Attorney General's 
Office (April 14, 2017). A copy of this letter is included in the 
docket no. EPA-R06-OAR-2015-0189-0240 at https://www.regulations.gov.
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    EPA also published a document in the Federal Register on April 25, 
2017, which administratively stayed the effectiveness of the 
NOX compliance dates in the FIP for the Flint Creek, White 
Bluff, and Independence units, as well as the compliance dates for the 
SO2 emission limits for the White Bluff and Independence 
units for a period of ninety days.\6\ On July 13, 2017, the EPA 
published a document proposing to extend the NOX compliance 
dates for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and 
Independence Units 1 and 2, by 21 months, to January 27, 2020.\7\ 
However, EPA did not take final action on the July 13, 2017 proposed 
rule because on July 12, 2017, Arkansas submitted a proposed SIP 
revision with a request for parallel processing (Arkansas Regional Haze 
NOX SIP revision or Arkansas NOX SIP revision). 
The State's proposed revision addressed the NOX BART 
requirements for Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler 
No. 1, Lake Catherine Unit 4, White Bluff Units 1 and 2, and White 
Bluff Auxiliary Boiler, as well as the reasonable progress requirements 
with respect to NOX. We processed this proposed SIP revision 
in parallel with the state's SIP approval process and, in a proposed 
rule published in the Federal Register on September 11, 2017, we 
proposed approval of the Arkansas Regional Haze NOX SIP 
revision and withdrawal of the corresponding parts of the Arkansas 
Regional Haze FIP.\8\ On October 31, 2017, we received Arkansas' final 
Regional Haze NOX SIP revision addressing NOX 
BART for EGUs and the reasonable progress requirements with respect to 
NOX for the first implementation period. On February 12, 
2018, we finalized our approval of the Arkansas Regional Haze 
NOX SIP revision and our withdrawal of the corresponding 
parts of the FIP.\9\
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    \6\ 82 FR 18994.
    \7\ 82 FR 32284.
    \8\ 82 FR 42627.
    \9\ 83 FR 5927 and 83 FR 5915 (February 12, 2018).
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    On August 8, 2018, Arkansas submitted another SIP revision 
(Arkansas Regional Haze SO2 and PM SIP revision or Phase II 
SIP revision) addressing all remaining disapproved parts of the 2008 
Regional Haze SIP, with the exception of the BART and associated long-
term strategy requirements for the Domtar Ashdown Mill Power Boilers 
No. 1 and 2. In a proposed rule published in the Federal Register on 
November 30, 2018, we proposed approval of a portion of the SIP 
revision and we also proposed to withdraw the parts of the FIP 
corresponding to our proposed approvals.\10\ The Phase II SIP revision 
included a discussion of Arkansas' interstate visibility transport 
requirements, and we stated in our proposed rule that we intended to 
propose action on this portion of the SIP revision in a future proposed 
rulemaking. On September 27, 2019, we took final action to approve a 
portion of the Arkansas Regional Haze SO2 and PM SIP 
revision and to withdraw the corresponding parts of the FIP.\11\
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    \10\ 83 FR 62204 (November 30, 2018).
    \11\ 84 FR 51033 and 84 FR 51056 (Sept. 27, 2019).
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    On August 13, 2019, Arkansas submitted the Arkansas Regional Haze 
Phase III SIP (Phase III SIP revision). This SIP revision contains a 
BART alternative to address BART and the associated long-term strategy 
requirements for two subject-to-BART sources (Power Boilers No. 1 and 
2) at the Domtar Ashdown Mill located in Ashdown, Arkansas. The BART 
alternative addresses SO2, PM, and NOX BART for 
Power Boilers No. 1 and 2. On March 16, 2020, we proposed to approve 
the Phase III SIP revision.\12\ Our proposed rule included proposed 
approval of the BART alternative for SO2, PM, and 
NOX at Power Boilers No. 1 and 2 and elements that relate to 
the BART requirements at this facility;

[[Page 15103]]

proposed approval of Arkansas' request to withdraw from the approved 
SIP the previously approved PM10 BART limit for Power Boiler 
No. 1; and proposed withdrawal of the remaining portion of the Arkansas 
FIP, which consists of provisions addressing the regional haze 
requirements for the Domtar Ashdown Mill. The EPA also proposed to 
approve the portions of the August 8, 2018 Arkansas Regional Haze Phase 
II SIP revision and the October 4, 2019 Arkansas 2015 Ozone 
(O3) NAAQS Interstate Transport SIP revision addressing the 
visibility transport provisions required under CAA section 
110(a)(2)(D)(i)(II) for the following NAAQS: The 2006 24-hour 
PM2.5 NAAQS; the 2012 annual PM2.5 NAAQS; the 
2008 and 2015 eight-hour O3 NAAQS; the 2010 one-hour 
NO2 NAAQS; and the 2010 one-hour SO2 NAAQS. In a 
final action being published separately in this issue of the Federal 
Register, we are taking final action to approve the Arkansas Regional 
Phase III SIP revision and the visibility transport portions of the 
Arkansas Regional Haze Phase II SIP revision and the Arkansas 2015 
O3 NAAQS Interstate Transport SIP revision.
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    \12\ 85 FR 14847 (March 16, 2020).
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    The background for this final rule and the separate final action 
also being published in this issue of the Federal Register that 
approves the Arkansas Regional Haze Phase III SIP revision and portions 
of the Arkansas Regional Haze Phase II SIP revision and the Arkansas 
2015 O3 NAAQS Interstate Transport SIP revision is also 
discussed in detail in our March 16, 2020 proposed approval.\13\ The 
comment period was open for thirty days and closed on April 15, 2020. 
We received a total of two sets of public comments concerning our 
proposed action. The comments are included in the publicly posted 
docket associated with the rulemaking (EPA-R06-OAR-2015-0189), 
available at https://www.regulations.gov.
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    \13\ 85 FR 14847.
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II. Final Action

    We are withdrawing the remaining portion of the Arkansas Regional 
Haze FIP that we promulgated on September 27, 2016, found at 40 CFR 
52.173(c). Specifically, we are withdrawing provisions addressing 
applicability and definitions of the FIP; SO2 and 
NOX emission limits for Power Boiler No. 1; SO2, 
NOX, and PM emission limits for Power Boiler No. 2; BART 
compliance dates; compliance determination requirements and reporting 
and recordkeeping requirements associated with the BART emission 
limits; and provisions addressing equipment operations and enforcement. 
We are removing these SO2, NOX, and PM emission 
limitations and associated requirements for Power Boilers No. 1 and 2 
found at 40 CFR 52.173(c), and as of the effective date of this final 
rule these requirements will no longer apply to these units. Since we 
are withdrawing the text from paragraph (c) under 40 CFR 52.173, we are 
also reserving paragraph (c) so as to not disturb the numbering of 
existing paragraphs (d) through (g) under 40 CFR 52.173.
    As explained in our March 16, 2020 proposal,\14\ this action is 
based on our separate action being published in this issue of the 
Federal Register approving the Arkansas Regional Haze Phase III SIP 
revision submitted to us on August 13, 2019. In that separate action, 
EPA is making the determination that the Arkansas Regional Haze Phase 
III SIP revision is approvable because the plan's provisions meet the 
applicable requirements of the CAA and EPA implementing regulations. 
EPA is finalizing this action under section 110 and part C of the Act.
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    \14\ 85 FR 14847.
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III. Response to Comments

    We received two comment letters concerning our proposed action, 
which included our proposed approval of the Phase III SIP revision, 
proposed approval of the visibility transport portions of the Arkansas 
Regional Haze Phase II SIP revision and the Arkansas 2015 O3 
NAAQS Interstate Transport SIP revision, and proposed withdrawal of the 
remaining FIP provisions. EPA did not receive any comments specifically 
addressing our proposed withdrawal of the remaining FIP provisions; 
rather, the comments addressed EPA's proposed approval of the SIP 
provisions that would replace the FIP. Therefore, we have responded to 
all relevant comments in response to our proposed action in the 
separate, final notice being published in this issue of the Federal 
Register that approves the Arkansas Regional Haze Phase III SIP 
revision.\15\
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    \15\ Please see Docket No. EPA-R06-OAR-2015-0189 at https://www.regulations.gov.
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IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review 13563

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it will withdraw a FIP containing source-specific 
SO2, NOX, and PM emission limits for two 
individually identified units at one facility in Arkansas and is 
therefore not a rule of general applicability and not a significant 
regulatory action.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the PRA. Burden is defined at 5 CFR 1320.3(b). This 
final rule withdraws a FIP containing source-specific SO2, 
NOX, and PM emission limits for two individually identified 
units at one facility in Arkansas.

C. Regulatory Flexibility Act

    I certify that this final action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA. This final action will not impose any requirements on small 
entities. This final action withdraws a FIP containing source-specific 
SO2, NOX, and PM emission limits that apply to 
two individually identified units at one facility in Arkansas.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the FIP we are withdrawing does not 
apply on any Indian reservation land or in any other area where the EPA 
or an Indian tribe has demonstrated that a tribe has

[[Page 15104]]

jurisdiction, and will not impose substantial direct costs on tribal 
governments or preempt tribal law. This final action withdraws a FIP 
that applies to two individually identified units at one facility in 
Arkansas. There are no Indian reservation lands in Arkansas. Thus, 
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks \16\ applies to any rule that: (1) Is 
determined to be economically significant as defined under Executive 
Order 12866; and (2) concerns an environmental health or safety risk 
that we have reason to believe may have a disproportionate effect on 
children. EPA interprets E.O. 13045 as applying only to those 
regulatory actions that concern health or safety risks, such that the 
analysis required under Section 5-501 of the E.O. has the potential to 
influence the regulation. This action is not subject to Executive Order 
13045 because it is not economically significant as defined in 
Executive Order 12866, and because the EPA does not believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children. This action is not subject to E.O. 
13045 because it implements specific standards established by Congress 
in statutes.
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    \16\ 62 FR 19885 (Apr. 23, 1997).
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H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

K. Determination Under Section 307(d)

    Pursuant to CAA section 307(d)(1)(B), this action is subject to the 
requirements of CAA section 307(d), as it revises a FIP under CAA 
section 110(c).

L. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicably. EPA is not required to submit a rule report regarding this 
action under section 801 because this is a rule of particular 
applicability that only affects one individually identified facility in 
Arkansas.

M. Petitions for Judicial Review

    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 May 21, 2021. 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, Best available 
retrofit technology, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate Matter, Regional haze, 
Reporting and recordkeeping requirements, Sulfur Dioxide, Visibility.

Jane Nishida,
Acting 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


Sec.  52. 173  [Amended]

    2. In Sec.  52.173, remove and reserve paragraph (c).
[FR Doc. 2021-05361 Filed 3-19-21; 8:45 am]
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