[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51986-51988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20982]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0426; FRL-9999-11-Region 6]


Air Plan Approval; Arkansas; Regional Haze Five-Year Progress 
Report State Implementation Plan

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 a State 
Implementation Plan (SIP) submitted by the Governor of Arkansas through 
the Arkansas Department of Environmental Quality (ADEQ) on June 2, 
2015. The SIP submittal addresses requirements of the federal 
regulations that direct the State to submit a periodic report assessing 
progress toward reasonable progress goals (RPGs) established for 
regional haze and a determination of the adequacy of the existing 
implementation plan.

DATES: This rule is effective on October 31, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0426. 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 EPA Region 6 Office, 1201 Elm Street, Dallas, TX 75270.

FOR FURTHER INFORMATION CONTACT: James E. Grady, EPA Region 6 Office, 
Regional Haze and SO2 Section, 1201 Elm Street, Suite 500, 
Dallas TX 72570, 214-665-6745; grady.james@epa.gov. To inspect the hard 
copy materials, please schedule an appointment with Mr. Grady or Mr. 
Bill Deese at 214-665-7253.

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

I. Background

    Each state is required to submit to the EPA an implementation plan 
addressing regional haze visibility impairment for the first 
implementation period under 40 CFR 51.308. Under 40 CFR 51.308(g),\1\ 
each state is then required to submit a progress report that evaluates 
visibility progress toward the RPGs for each Class I area within the 
state \2\ and

[[Page 51987]]

each Class I area outside the state \3\ which may be affected by 
emissions from within the state. In addition, 40 CFR 51.308(h) requires 
states to submit, at the same time as the progress report, a 
determination of adequacy of the existing regional haze implementation 
plan.\4\ The progress report for the first planning period is due five 
years after submittal of the initial regional haze SIP and must take 
the form of a SIP revision. Arkansas submitted its regional haze SIP 
for the first implementation period on September 9, 2008,\5\ and the 
EPA partially approved and partially disapproved portions of it on 
March 12, 2012.\6\ On June 2, 2015, Arkansas submitted its progress 
report regarding the initial 2008 regional haze SIP to the EPA in the 
form of a SIP revision under 40 CFR 51.308. The EPA promulgated a FIP 
(the Arkansas Regional Haze FIP) on September 27, 2016 to address the 
disapproved portions of the 2008 Arkansas Regional Haze SIP and then 
approved successive SIP revisions (the 2017 Arkansas Regional Haze 
NOX SIP revision and the 2018 Arkansas Regional Haze 
SO2 and PM SIP revision) \7\ that replaced a portion of 
those FIP elements.\8\
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    \1\ To address the progress report requirements under 40 CFR 
51.308(g), the State provided: (1) A description of the status of 
measures in the approved regional haze implementation plan; (2) a 
summary of emission reductions achieved; (3) an assessment of 
visibility conditions for each Class I area in the state (and for 
two Class I areas in Missouri); (4) an analysis tracking the changes 
in emissions from sources and activities within the state; (5) an 
assessment of any significant changes in anthropogenic emissions 
within or outside the state that have limited or impeded progress in 
reducing pollutant emissions and improving visibility; (6) an 
assessment of whether the approved regional haze SIP elements and 
strategies are sufficient to enable the State (and other states with 
Class I areas affected by emissions from the state) to meet all 
established RPGs; and (7) a review of the State's visibility 
monitoring strategy.
    \2\ Arkansas has two Class I areas within its borders that are 
addressed in the progress report: Upper Buffalo and Caney Creek 
Wilderness areas. Upper Buffalo Wilderness area, located in Newton 
County, Arkansas, is an oak-hickory forest with intermittent 
portions of shortleaf pine located in the Ozark National Forest and 
offers 12,108 acres of boulder strewn and rugged scenery along the 
Buffalo River. Caney Creek Wilderness is located in Polk County, 
Arkansas, and covers 14,460 acres on the southern edge of the 
Ouachita National Forest and protects a rugged portion of the 
Ouachita Mountains.
    \3\ Two Class I areas outside Arkansas' borders at Hercules 
Glades and Mingo Wilderness areas in Missouri were found to be 
impacted by emissions from within Arkansas.
    \4\ The Regional Haze Rule requires states to provide in the 
progress report an assessment of whether the current 
``implementation plan'' is sufficient to enable the states to meet 
all established RPGs under 40 CFR 51.308(g). The term 
``implementation plan'' is defined for purposes of the Regional Haze 
Rule to mean any SIP, FIP, or Tribal Implementation Plan. As such, 
the Agency may consider measures in any issued FIP as well as those 
in a state's regional haze plan in assessing the adequacy of the 
``existing implementation plan'' under 40 CFR 51.308(g) and (h).
    \5\ In addition to the initial September 2008 submittal, the 
State submitted a SIP revision on August 3, 2010, with mostly non-
substantive changes that addressed Arkansas Pollution Control and 
Ecology Commission (APCEC) Regulation 19 Chapter 15. On September 
27, 2011, the State submitted supplemental information to address 
the regional haze requirements. The EPA collectively refers to the 
original 2008 submittal and these revisions together as the 2008 
Arkansas Regional Haze SIP.
    \6\ See the final action on March 12, 2012 (77 FR 14604).
    \7\ See final action approving the Arkansas Regional Haze 
NOX SIP revision on February 12, 2018 (83 FR 5927). The 
EPA's final action approving the Arkansas Regional Haze 
SO2 and PM SIP revision was signed by the Regional 
Administrator on August 28, 2019 and has yet to be published.
    \8\ The remaining part of the FIP which addresses the BART and 
associated long-term strategy requirements for Domtar will be 
addressed in a future SIP action.
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    On March 28, 2019, we published a notice of proposed rulemaking 
(NPRM) proposing to approve Arkansas' regional haze five-year progress 
report SIP, submitted by ADEQ on June 2, 2015.\9\ In that document we 
proposed to approve Arkansas' regional haze progress report SIP since 
it meets the applicable regional haze requirements set forth in 40 CFR 
51.308(g) and meeting the determination of adequacy provision under 40 
CFR 51.308(h) for the first implementation period. We also proposed to 
find that the State of Arkansas fulfilled its requirement in 40 CFR 
51.308(i) regarding state coordination with Federal Land Managers 
(FLMs). The published proposal provides a detailed description of 
Arkansas' progress report SIP submittal and the rationale for our 
proposed approval of it.
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    \9\ See 84 FR 11697.
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    The public comment period for the proposal closed on April 29, 
2019. We received two public comments concerning our proposed action. 
The comments are included in the publicly posted docket associated with 
this action at https://www.regulations.gov. We received an anonymous 
comment regarding the Mercury and Air Toxics Standards which is outside 
the scope of this action. We also received a comment letter dated April 
29, 2019, from the Arkansas Affordable Energy Coalition (AAEC) 
regarding our proposal. The AAEC expressed general support for the 
proposed approval but also submitted a copy of the comments it 
previously submitted on December 31, 2018 on our proposed approval 
action on the August 8, 2018 Arkansas Regional Haze SO2 and 
PM SIP revision (located in Docket No. EPA-R06-OAR-2015-0189). We have 
responded to those submitted comments as part of our final action on 
that SIP revision.\10\ Our detailed responses can be found in the 
response-to-comment (RTC) documents for the Arkansas Regional Haze 
SO2 and PM SIP Revision.\11\ After careful consideration, we 
have determined that the comments received do not raise any issues 
specific to the progress report. We are approving the Arkansas regional 
haze progress report SIP submittal, as proposed.
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    \10\ The EPA's final action approving the Arkansas Regional Haze 
SO2 and PM SIP revision was signed by the Regional 
Administrator on August 28, 2019.
    \11\ See ``Arkansas Regional Haze Phase II SIP Revision Response 
to Comments,'' in Docket ID EPA-R06-OAR-2015-0189.
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II. Final Action

    We are approving Arkansas' regional haze progress report SIP 
revision (submitted on June 2, 2015) since we have found that it meets 
the applicable regional haze requirements set forth in 40 CFR 51.308(g) 
and the determination of adequacy provision under 40 CFR 51.308(h). We 
also find that the State of Arkansas fulfilled its requirement in 40 
CFR 51.308(i) regarding state coordination with Federal Land Managers 
(FLMs). 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 a state's determination that their current 
regional haze plan is 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

[[Page 51988]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 2, 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, Best Available 
Retrofit Technology, Incorporation by reference, Intergovernmental 
relations, Nitrogen oxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility, 
Volatile organic compounds.

    Dated: September 23, 2019.
Kenley McQueen,
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 paragraph (e), the third table titled ``EPA-Approved 
Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas 
SIP'' is amended by adding a new entry ``Arkansas SIP Review for the 
Five-Year Regional Haze Progress Report'' at the end of the table to 
read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (e) * * *

            EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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                                        Applicable
      Name of SIP provision           geographic or       State submittal/    EPA approval date     Explanation
                                    nonattainment area     effective date
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                                                  * * * * * * *
Arkansas SIP Review for the Five-  Statewide..........  June 2, 2015.......  October 1, 2019,
 Year Regional Haze Progress                                                  [Insert Federal
 Report.                                                                      Register citation].
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[FR Doc. 2019-20982 Filed 9-30-19; 8:45 am]
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