[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47569-47571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20480]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0435; FRL-9983-35--Region 6]
Approval and Promulgation of Implementation Plans; Arkansas;
Interstate Transport Requirements for the 2012 PM2.5 NAAQS and
Definition Update
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 portions of the
Arkansas State Implementation Plan (SIP) submittal addressing the CAA
requirement that SIPs address the potential for interstate transport of
air pollution to significantly contribute to nonattainment or interfere
with maintenance of the 2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS) in other states. EPA
finds that emissions from Arkansas sources do not contribute
significantly to nonattainment in, or interfere with maintenance by,
any other state with regard to the 2012 PM2.5 NAAQS. The EPA
is also approving a revision to update incorporation by reference of
NAAQS germane to the Arkansas SIP.
DATES: This final rule is effective on November 7, 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: Sherry Fuerst, 214-665-6454,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA. We selected a November 7, 2018 effective date
for this final rule in order for the CFR to reflect this approval and
our August 8, 2018 approval of Arkansas Regulation 19 Chapter 2 (83 FR
38964) which has an effective date of November 6, 2018.
I. Background
The background for this action is discussed in detail in our June
26, 2018 proposal (83 FR 30622). In that document we proposed to
approve portions of Arkansas' State Implementation Plan (SIP) March 24,
2017 submittal, that addresses a CAA requirement that SIPs account for
potential interstate transport of air pollution that significantly
contributes to nonattainment or interferes with maintenance of the 2012
PM2.5 NAAQS in other states. We proposed to determine that
emissions from Arkansas sources do not contribute significantly to
nonattainment in, or interfere with maintenance by, any other state
with regard to the 2012 PM2.5 NAAQS. We also proposed to
approve updates to that
[[Page 47570]]
definition of NAAQS and the NAAQS list.\1\
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\1\ In a separate action we approved other revisions to
definitions in the Arkansas SIP (83 FR 38964, August 8, 2018).
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We received four anonymous public comments on the proposed
rulemaking action. The comments are posted to the docket (EPA-R06-OAR-
2017-0435). In the first comment, received on July 31, 2018, the
commenter discusses the costs of renewable energy in Europe and in the
northeast United States. Such comment is irrelevant and is outside the
scope of this specific rule making action. In the second comment,
received July 31, 2018 the commenter discusses the use of child labor
in rare earth mining, and the dangers associated with this type of
mining. Such comment is irrelevant and outside the scope of this
specific rule making action. In the third comment, received July 31,
2018 the commenter discusses the CO2 emissions produced by forest
fires. Such comment is irrelevant and outside the scope of this
specific rule making action. In the fourth comment, received on July
31, 2018, the commenter provided personal observations regarding the
Administration. Such comments are irrelevant and outside the scope of
this specific rule making action. Since these comments are not relevant
to the specific action EPA proposed, the EPA will not be responding to
these comments or making any changes to our proposed rulemaking.
II. Final Action
Pursuant to section 110 of the CAA we are approving the following
revisions to the Arkansas SIP submitted on March 24, 2017:
The portion of the Arkansas SIP submittal, pertaining to
interstate transport of air pollution, that establishes emissions from
Arkansas will not significantly contribute to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state.
The portion of the Arkansas SIP submittal that revised the
definition of NAAQS in Regulation 19, Chapter 2 and revised the entry
for ``Particle Pollution, PM2.5'' in Regulation 19, Appendix
B.
We find that emissions from Arkansas sources do not contribute
significantly to nonattainment in, or interfere with maintenance by,
any other state with regard to the 2012 PM2.5 NAAQS.
III. 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 Sherry Fuerst, 214-665-6454,
[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 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 November 19, 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).)
[[Page 47571]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: September 13, 2018.
Anne Idsal,
Regional Administrator, Region 6.
Therefore, 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 Chapter 2 and Appendix B; and
0
b. I paragraph (e), the second 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
2012 PM2.5 NAAQS''.
The revisions read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Arkansas SIP
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State
State citation Title/subject submittal/ EPA approval date Explanation
effective date
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Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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* * * * * * *
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Chapter 2: Definitions
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Chapter 2........................ Definitions........ 3/24/2017 8/8/2018, 83 FR The definition of
38964. VOC was approved
on 12/21/2017 (82
FR 60517). The
definition of
National Ambient
Air Quality
Standards was
approved on 9/20/
2018, [Insert
Federal Register
citation].
* * * * * * *
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Appendix B: National Ambient Air Quality Standards List
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Appendix B....................... National Ambient 3/24/2017 8/8/2018, 83 FR The revision to
Air Quality 38964. Particle
Standards List. Pollution, PM2.5
was approved on 9/
20/2018, [Insert
Federal Register
citation].
* * * * * * *
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(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 2012 PM2.5 Statewide.......... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(A), (B),
(C), (D)(i)
(portion
pertaining to
PSD), (D)(ii),
(E), (F), (G),
(H), (J), (K), (L)
and (M).
Approval for
110(a)(2)(D)(i)(I)
(significant
contribution to
nonattainment or
interfere with
maintenance in any
other state) on 9/
20/2018, [Insert
Federal Register
citation].
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[FR Doc. 2018-20480 Filed 9-19-18; 8:45 am]
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