[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\1\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016)
(correction).
---------------------------------------------------------------------------
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]
BILLING CODE 6560-50-P