[Federal Register Volume 84, Number 202 (Friday, October 18, 2019)]
[Rules and Regulations]
[Pages 55864-55865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22545]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2019-0438; FRL-10000-92-Region 6]
Air Plan Approval; Arkansas; Interstate Transport Requirements
for the 2010 1-Hour SO2 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the portion of
Arkansas's State Implementation Plan (SIP) submittal addressing two of
the CAA interstate transport requirements for the 2010 Sulfur Dioxide
(SO2) National Ambient Air Quality Standard (NAAQS). EPA is
determining the Arkansas SIP contains adequate provisions to ensure
that the air emissions in the state will not significantly contribute
to nonattainment or interfere with maintenance of the 2010
SO2 NAAQS in any other state.
DATES: This rule is effective on November 18, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2019-0438. All documents in the docket are
listed on the https://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 https://www.regulations.gov or
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.
FOR FURTHER INFORMATION CONTACT: Nevine Salem, EPA Region 6 Office,
Ozone and Infrastructure Section, 1201 Elm Street, Suite 500, Dallas,
TX 75270, 214-665-7222, [email protected]. To inspect the hard copy
materials, please schedule an appointment with Ms. Salem or Mr. Bill
Deese at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On March 24, 2017, Arkansas submitted, through the Arkansas
Department of Environmental Quality (ADEQ), a revision to its SIP to
satisfy the infrastructure requirements of section 110(a)(2) of the CAA
for the 2010 1-hour SO2 NAAQS, including the interstate
transport requirements of section 110(a)(2)(D)(i)(I). On February 14,
2018 (83 FR 6470), EPA approved Arkansas's infrastructure SIP submittal
for the 2010 1-hour SO2 NAAQS for all applicable elements of
section 110(a)(2) with the exception of 110(a)(2)(D)(i)(I) and the
portion of 110(a)(2)(D)(i)(II) that pertains to visibility protection.
On August 8, 2019, the EPA published a notice of proposed rulemaking
(NPRM) to approve the portions of the March 24, 2017 submittal from the
state of Arkansas as meeting the interstate transport requirement of
the CAA requirements that the Arkansas SIP includes adequate provisions
prohibiting any emissions activity in the state that will contribute
significantly to nonattainment, or interferes with maintenance, of the
2010 1-hour SO2 NAAQS in any downwind state. A detailed
analysis of the State's submittals analysis and rationale for approval
of the submittal were provided in the NPRM and will not be restated
here. The public comment period for this proposed rulemaking ended on
September 9, 2019. The EPA received one anonymous comment in favor/
support of our proposed action. A copy of the comment is included in
the docket of this rulemaking. We did not receive any adverse comments
regarding our proposal. No response to comment is required.
II. Final Action
The EPA is approving the portions of the Arkansas's March 24, 2017
SIP that address two of the interstate transport requirements for the
2010 1-hour SO2 NAAQS as these portions meet the
requirements in CAA section 110 and specifically in 110(a)(2)(D)(i)(I).
EPA determines that the Arkansas SIP contains adequate provisions to
ensure that the air emissions in the State will not significantly
contribute to nonattainment or interfere with maintenance of the 2010
SO2 NAAQS in any other state. This action is being taken
under section 110 of the Act.
III. 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:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735,
[[Page 55865]]
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. 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 December 17, 2019. 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, Interstate transport of pollution, Sulfur oxides.
Dated: October 9, 2019.
Kenley McQueen,
Regional Administrator, Region 6.
Title 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(e), the 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 2010
SO2 NAAQS'' to read as follows:
Sec. 52.170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas Sip
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State EPA approval
Name of SIP provision nonattainment submittal/ date Explanation
area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 2010 Statewide....... 3/24/2017 2/14/2018, 83 Approval for 110(a)(2)(A),
SO2 NAAQS. FR 6470. (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) on 10/18/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-22545 Filed 10-17-19; 8:45 am]
BILLING CODE 6560-50-P