[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]


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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.

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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, salem.nevine@epa.gov. 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
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                                  Applicable
                                 geographic or        State        EPA approval
    Name of SIP provision        nonattainment     submittal/          date                 Explanation
                                     area        effective date
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                                                  * * * * * * *
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.
 
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[FR Doc. 2019-22545 Filed 10-17-19; 8:45 am]
BILLING CODE 6560-50-P


