[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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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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