80_FR_24299 80 FR 24216 - Approval and Promulgation of Implementation Plans; State of Arkansas; Revisions to the State Implementation Plan; Fee Regulations

80 FR 24216 - Approval and Promulgation of Implementation Plans; State of Arkansas; Revisions to the State Implementation Plan; Fee Regulations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24216-24218
FR Document2015-09905

The Environmental Protection Agency (EPA) is taking a direct final action to approve revisions to the Arkansas State Implementation Plan (SIP) related to the Fee Regulations section of the Arkansas SIP that were submitted by the State of Arkansas on November 6, 2012. The EPA has evaluated the SIP submittal from Arkansas and determined these revisions are consistent with the requirements of the Clean Air Act (Act or CAA). The EPA is approving this action under section 110 of the Act.

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24216-24218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09905]



[[Page 24216]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R06-OAR-2015-0054; FRL-9926-91-Region 6]


Approval and Promulgation of Implementation Plans; State of 
Arkansas; Revisions to the State Implementation Plan; Fee Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve revisions to the Arkansas State Implementation 
Plan (SIP) related to the Fee Regulations section of the Arkansas SIP 
that were submitted by the State of Arkansas on November 6, 2012. The 
EPA has evaluated the SIP submittal from Arkansas and determined these 
revisions are consistent with the requirements of the Clean Air Act 
(Act or CAA). The EPA is approving this action under section 110 of the 
Act.

DATES: This direct final rule is effective on June 29, 2015 without 
further notice, unless the EPA receives relevant adverse comment by 
June 1, 2015. If the EPA receives such comment, the EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2015-0054, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions.
    (2) Email: Ms. Tracie Donaldson at [email protected].
    (3) Mail or Delivery: Ms. Tracie Donaldson, Air Permits Section 
(6PD-R), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.

Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-2015-
0054. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or email, if you believe that it is 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means that the EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment along with any disk or 
CD-ROM submitted. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the EPA may not 
be able to consider your comment. Electronic files should avoid the use 
of special characters and any form of encryption and should be free of 
any defects or viruses. For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for 
this action is available electronically at www.regulations.gov and in 
hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. 
While all documents in the docket are listed in the index, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material), and some may not be publicly available at 
either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, (214) 665-6633, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214) 
665-7253.

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

Table of Contents

I. Background
    A. CAA and SIPs
    B. SIP Revision Submitted on November 6, 2012
II. The EPA's Evaluation
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. CAA and SIPs

    Section 110 of the CAA requires states to develop and submit to the 
EPA a SIP to ensure that state air quality meets National Ambient Air 
Quality Standards (NAAQS). The NAAQS currently address six criteria 
pollutants: carbon monoxide, nitrogen dioxide, ozone, lead, particulate 
matter, and sulfur dioxide. Each federally-approved SIP protects air 
quality primarily by addressing air pollution at its point of origin 
through air pollution regulations and control strategies. The EPA-
approved SIP provisions and control strategies are federally 
enforceable. States revise the SIP as needed and submit revisions to 
the EPA for approval.

B. SIP Revision Submitted on November 6, 2012

    On June 22, 2012, the Arkansas Pollution Control and Ecology 
Commission (APC&EC) adopted revisions to Regulation 9--Permit Fee 
Regulations, Regulation 19--Regulations of the Arkansas Plan of 
Implementation for Air Pollution Control, and Regulation 26--
Regulations of the Arkansas Operating Air Permit Program. On October 
26, 2012, APC&EC adopted additional revisions to Regulation 19. 
Governor Beebe submitted these revised regulations as a revision to the 
Arkansas SIP in a letter dated November 6, 2012.
    The November 6th, 2012, letter requested that the EPA repeal the 
current SIP-approved permit fee program provisions found in Regulation 
9 and replace with the new provisions included in the submittal for 
Chapters 1, 2,\1\ 3, 5, and 9, of Regulation 9 which relate to the 
State's air program. This action will repeal the current SIP-approved 
version of Regulation 9 and replace with the current version of 
Regulation 9, Chapters 1, 2,\2\ 3, 5, and 9 as requested by Arkansas. 
This includes revisions to Regulation 9, Chapter 5 addressing fee 
requirements for carbon dioxide and methane. The revisions to 
Regulations 19 and 26 will be addressed in separate rulemaking by the 
EPA.
---------------------------------------------------------------------------

    \1\ Only the portions of Chapter 2 that relate to the Air 
program are included in the Arkansas SIP. The definitions to include 
are specified in ADEQ letter to the EPA dated December 11, 2014, 
which is available in our rulemaking docket and addressed in more 
detail in the TSD.
    \2\ Ibid.
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II. The EPA's Evaluation

    As detailed in the Technical Support Document (TSD) accompanying 
this action, the ADEQ \3\ submitted a SIP

[[Page 24217]]

revision to the fee regulations requesting a withdrawal of the current 
SIP-approved permit fee program and replacement with the submitted 
revised fee regulations containing a new fee schedule and associated 
provisions specific to the State's air program. The EPA has reviewed 
the submitted revisions and determined that the submitted revised fee 
program is consistent with the general requirements at CAA section 
110(a)(2)(E)(i) to provide necessary assurances that the State will 
have adequate funding to carry out the provisions of the Arkansas SIP 
as it pertains to major and minor source Title I permitting and CAA 
section 110(a)(2)(L) that requires states to charge necessary fees for 
the development and implementation of major source Title I permits. The 
Arkansas SIP is intended to implement Title I of the CAA, while Title V 
requirements are not generally included in SIPs.\4\ The repeal and 
replace included in the November 6, 2012, SIP submittal more accurately 
represents the current fee structure than the previously approved SIP, 
which was approved by EPA on November 12, 1986. Based on EPA's 
evaluation of the fee assessment provisions submitted, EPA finds the 
submitted repeal and replace of, and subsequent revisions to Arkansas 
Regulation 9 establishing fee requirements for permits is consistent 
with sections 110(a)(2)(E)(i) and 110(a)(2)(L) of the CAA.
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    \3\ The Arkansas Department of Environmental Quality (ADEQ) is 
the state agency that is charged with protecting, enhancing and 
restoring the environment for Arkansas. The Arkansas Pollution 
Control and Ecology Commission (APC&EC) is the environmental policy-
making body for Arkansas.
    \4\ The Arkansas air permitting program is a one permit system 
(meaning that title I and title V are issued together for major 
sources) the fee regulations are combined in Regulation 9. The EPA 
has not evaluated the revised Regulation 9 Fee Provisions for 
sufficiency under 40 CFR 70.9 of the title V state operating permit 
program.
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III. Final Action

    For the reasons stated above and in the TSD, the EPA is taking 
direct final action to approve revisions to the Arkansas SIP pertaining 
to title I fees. Specifically, the EPA is deleting the current SIP-
approved fee program and approving in its place the revised Arkansas 
fee program at Regulation 9, Chapters 1, 2,\5\ 3, 5 and 9 effective on 
July 9, 2012, and submitted as revisions to the Arkansas SIP on 
November 6, 2012.
---------------------------------------------------------------------------

    \5\ Only the portions of Chapter 2 that relate to the Air 
program are included in the Arkansas SIP. The definitions to include 
are specified in ADEQ letter to the EPA dated December 11, 2014, 
which is available in our rulemaking docket and addressed in more 
detail in the TSD.
---------------------------------------------------------------------------

    We are approving the revisions to the Arkansas SIP under section 
110 of the Act. We are publishing this rule without prior proposal 
because we view this as a noncontroversial amendment and anticipate no 
relevant adverse comments. However, in the proposed rules section of 
this Federal Register publication, we are publishing a separate 
document that will serve as the proposal to approve the SIP revision if 
relevant adverse comments are received. This rule will be effective on 
June 29, 2015 without further notice unless we receive relevant adverse 
comment by June 1, 2015. If we receive relevant adverse comments, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments in a subsequent final rule based on the proposed rule. We will 
not institute a second comment period on this action. Any parties 
interested in commenting must do so now. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

IV. Incorporation by Reference

    In this direct final 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 Arkansas title I Permit Fees described in the Final 
Action section above. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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 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 Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 Clean Air Act; and
     does not provide the 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).

The SIP is not approved to apply on any Indian reservation land or in 
any other area where the 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. The 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).

[[Page 24218]]

    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 June 29, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: April 17, 2015.
Ron Curry,
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(c), the table titled ``EPA-Approved Regulations in 
the Arkansas SIP'' is amended by revising the heading and entries for 
``Arkansas Regulation No. 9: Permit Fees,'' to read as follows:


Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          submittal/
          State citation              Title/ subject      effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Regulation No. 9: Fee Regulation
----------------------------------------------------------------------------------------------------------------
Chapter 1........................  Title...............     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 2........................  Definitions.........     7/9/2012  4/30/2015 [Insert FR  The following
                                                                       citation].            definitions do not
                                                                                             relate to the air
                                                                                             program and are not
                                                                                             being approved into
                                                                                             the SIP:
                                                                                             ``Category'',
                                                                                             ``Certificate'',
                                                                                             ``Confined Animal
                                                                                             Operation'',
                                                                                             ``Discretionary
                                                                                             Major Facility'',
                                                                                             ``Evaluation'',
                                                                                             ``Laboratory``,
                                                                                             ``Major Municipal
                                                                                             Facility'', ``Non-
                                                                                             Municipal Major
                                                                                             Facility'',
                                                                                             ``Parameter'',
                                                                                             ``Program''.
Chapter 3........................  Permit Fee Payment..     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 5........................  Air Permit Fees.....     7/9/2012  4/30/2015 [Insert FR
                                                                       citation].
Chapter 9........................  Administrative           7/9/2012  4/30/2015 [Insert FR
                                    Procedures.                        citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-09905 Filed 4-29-15; 8:45 am]
BILLING CODE 6560-50-P



                                             24216              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                site is an ‘‘anonymous access’’ system,               monoxide, nitrogen dioxide, ozone,
                                             AGENCY                                                  which means that the EPA will not                     lead, particulate matter, and sulfur
                                                                                                     know your identity or contact                         dioxide. Each federally-approved SIP
                                             40 CFR Parts 52                                         information unless you provide it in the              protects air quality primarily by
                                             [EPA–R06–OAR–2015–0054; FRL–9926–91–
                                                                                                     body of your comment. If you send an                  addressing air pollution at its point of
                                             Region 6]                                               email comment directly to the EPA                     origin through air pollution regulations
                                                                                                     without going through http://                         and control strategies. The EPA-
                                             Approval and Promulgation of                            www.regulations.gov, your email                       approved SIP provisions and control
                                             Implementation Plans; State of                          address will be automatically captured                strategies are federally enforceable.
                                             Arkansas; Revisions to the State                        and included as part of the comment
                                                                                                                                                           States revise the SIP as needed and
                                             Implementation Plan; Fee Regulations                    that is placed in the public docket and
                                                                                                                                                           submit revisions to the EPA for
                                                                                                     made available on the Internet. If you
                                             AGENCY: Environmental Protection                        submit an electronic comment, the EPA                 approval.
                                             Agency (EPA).                                           recommends that you include your                      B. SIP Revision Submitted on November
                                             ACTION: Direct final rule.                              name and other contact information in                 6, 2012
                                                                                                     the body of your comment along with
                                             SUMMARY:   The Environmental Protection                 any disk or CD–ROM submitted. If the                    On June 22, 2012, the Arkansas
                                             Agency (EPA) is taking a direct final                   EPA cannot read your comment due to                   Pollution Control and Ecology
                                             action to approve revisions to the                      technical difficulties and cannot contact             Commission (APC&EC) adopted
                                             Arkansas State Implementation Plan                      you for clarification, the EPA may not                revisions to Regulation 9—Permit Fee
                                             (SIP) related to the Fee Regulations                    be able to consider your comment.                     Regulations, Regulation 19—Regulations
                                             section of the Arkansas SIP that were                   Electronic files should avoid the use of              of the Arkansas Plan of Implementation
                                             submitted by the State of Arkansas on                   special characters and any form of                    for Air Pollution Control, and
                                             November 6, 2012. The EPA has                           encryption and should be free of any                  Regulation 26—Regulations of the
                                             evaluated the SIP submittal from                        defects or viruses. For additional                    Arkansas Operating Air Permit Program.
                                             Arkansas and determined these                           information about the EPA’s public                    On October 26, 2012, APC&EC adopted
                                             revisions are consistent with the                       docket, visit the EPA Docket Center
                                             requirements of the Clean Air Act (Act                                                                        additional revisions to Regulation 19.
                                                                                                     homepage at http://www.epa.gov/
                                             or CAA). The EPA is approving this                                                                            Governor Beebe submitted these revised
                                                                                                     epahome/dockets.htm. Docket: The
                                             action under section 110 of the Act.                    index to the docket for this action is                regulations as a revision to the Arkansas
                                                                                                     available electronically at                           SIP in a letter dated November 6, 2012.
                                             DATES: This direct final rule is effective
                                             on June 29, 2015 without further notice,                www.regulations.gov and in hard copy                    The November 6th, 2012, letter
                                             unless the EPA receives relevant                        at EPA Region 6, 1445 Ross Avenue,                    requested that the EPA repeal the
                                             adverse comment by June 1, 2015. If the                 Suite 700, Dallas, Texas. While all                   current SIP-approved permit fee
                                             EPA receives such comment, the EPA                      documents in the docket are listed in                 program provisions found in Regulation
                                             will publish a timely withdrawal in the                 the index, some information may be                    9 and replace with the new provisions
                                             Federal Register informing the public                   publicly available only at the hard copy              included in the submittal for Chapters 1,
                                             that this rule will not take effect.                    location (e.g., copyrighted material), and            2,1 3, 5, and 9, of Regulation 9 which
                                             ADDRESSES: Submit your comments,                        some may not be publicly available at                 relate to the State’s air program. This
                                             identified by Docket ID No. EPA–R06–                    either location (e.g., CBI).                          action will repeal the current SIP-
                                             OAR–2015–0054, by one of the                            FOR FURTHER INFORMATION CONTACT: Ms.                  approved version of Regulation 9 and
                                             following methods:                                      Tracie Donaldson, (214) 665–6633,                     replace with the current version of
                                               (1) www.regulations.gov: Follow the                   donaldson.tracie@epa.gov. To inspect                  Regulation 9, Chapters 1, 2,2 3, 5, and
                                             on-line instructions.                                   the hard copy materials, please schedule              9 as requested by Arkansas. This
                                               (2) Email: Ms. Tracie Donaldson at                    an appointment with Ms. Donaldson or                  includes revisions to Regulation 9,
                                             donaldson.tracie@epa.gov.                               Mr. Bill Deese at (214) 665–7253.                     Chapter 5 addressing fee requirements
                                               (3) Mail or Delivery: Ms. Tracie                      SUPPLEMENTARY INFORMATION:                            for carbon dioxide and methane. The
                                             Donaldson, Air Permits Section (6PD–                    Throughout this document wherever                     revisions to Regulations 19 and 26 will
                                             R), Environmental Protection Agency,                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           be addressed in separate rulemaking by
                                             1445 Ross Avenue, Suite 1200, Dallas,                   the EPA.                                              the EPA.
                                             Texas 75202–2733.                                       Table of Contents
                                             Instructions: Direct your comments to                                                                         II. The EPA’s Evaluation
                                                                                                     I. Background
                                             Docket ID No. EPA–R06–OAR–2015–                            A. CAA and SIPs                                      As detailed in the Technical Support
                                             0054. EPA’s policy is that all comments                    B. SIP Revision Submitted on November 6,           Document (TSD) accompanying this
                                             received will be included in the public                       2012                                            action, the ADEQ 3 submitted a SIP
                                             docket without change and may be                        II. The EPA’s Evaluation
                                             made available online at http://                        III. Final Action
                                             www.regulations.gov, including any                      IV. Incorporation by Reference                          1 Only the portions of Chapter 2 that relate to the

                                             personal information provided, unless                   V. Statutory and Executive Order Reviews              Air program are included in the Arkansas SIP. The
                                             the comment includes information                                                                              definitions to include are specified in ADEQ letter
                                                                                                     I. Background                                         to the EPA dated December 11, 2014, which is
                                             claimed to be Confidential Business                                                                           available in our rulemaking docket and addressed
                                             Information (CBI) or other information                  A. CAA and SIPs
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                                                                           in more detail in the TSD.
                                             the disclosure of which is restricted by                  Section 110 of the CAA requires states                2 Ibid.

                                             statute. Do not submit information                      to develop and submit to the EPA a SIP                  3 The Arkansas Department of Environmental

                                             through http://www.regulations.gov or                   to ensure that state air quality meets                Quality (ADEQ) is the state agency that is charged
                                                                                                                                                           with protecting, enhancing and restoring the
                                             email, if you believe that it is CBI or                 National Ambient Air Quality Standards                environment for Arkansas. The Arkansas Pollution
                                             otherwise protected from disclosure.                    (NAAQS). The NAAQS currently                          Control and Ecology Commission (APC&EC) is the
                                             The http://www.regulations.gov Web                      address six criteria pollutants: carbon               environmental policy-making body for Arkansas.



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                                                                 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations                                         24217

                                             revision to the fee regulations requesting               anticipate no relevant adverse                        of the Paperwork Reduction Act (44
                                             a withdrawal of the current SIP-                         comments. However, in the proposed                    U.S.C. 3501 et seq.);
                                             approved permit fee program and                          rules section of this Federal Register                   • is certified as not having a
                                             replacement with the submitted revised                   publication, we are publishing a                      significant economic impact on a
                                             fee regulations containing a new fee                     separate document that will serve as the              substantial number of small entities
                                             schedule and associated provisions                       proposal to approve the SIP revision if               under the Regulatory Flexibility Act (5
                                             specific to the State’s air program. The                 relevant adverse comments are received.               U.S.C. 601 et seq.);
                                             EPA has reviewed the submitted                           This rule will be effective on June 29,                  • does not contain any unfunded
                                             revisions and determined that the                        2015 without further notice unless we                 mandate or significantly or uniquely
                                             submitted revised fee program is                         receive relevant adverse comment by                   affect small governments, as described
                                             consistent with the general                              June 1, 2015. If we receive relevant                  in the Unfunded Mandates Reform Act
                                             requirements at CAA section                              adverse comments, we will publish a                   of 1995 (Pub. L. 104–4);
                                             110(a)(2)(E)(i) to provide necessary                     timely withdrawal in the Federal                         • does not have federalism
                                             assurances that the State will have                      Register informing the public that the                implications as specified in Executive
                                             adequate funding to carry out the                        rule will not take effect. We will address            Order 13132 (64 FR 43255, August 10,
                                             provisions of the Arkansas SIP as it                     all public comments in a subsequent                   1999);
                                             pertains to major and minor source Title                 final rule based on the proposed rule.                   • is not an economically significant
                                             I permitting and CAA section                             We will not institute a second comment                regulatory action based on health or
                                             110(a)(2)(L) that requires states to charge              period on this action. Any parties                    safety risks subject to Executive Order
                                             necessary fees for the development and                   interested in commenting must do so                   13045 (62 FR 19885, April 23, 1997);
                                             implementation of major source Title I                   now. Please note that if we receive                      • is not a significant regulatory action
                                             permits. The Arkansas SIP is intended                    adverse comment on an amendment,                      subject to Executive Order 13211 (66 FR
                                             to implement Title I of the CAA, while                   paragraph, or section of this rule and if             28355, May 22, 2001);
                                                                                                      that provision may be severed from the                   • is not subject to requirements of
                                             Title V requirements are not generally
                                                                                                      remainder of the rule, we may adopt as                section 12(d) of the National
                                             included in SIPs.4 The repeal and
                                                                                                      final those provisions of the rule that are           Technology Transfer and Advancement
                                             replace included in the November 6,
                                                                                                      not the subject of an adverse comment.                Act of 1995 (15 U.S.C. 272 note) because
                                             2012, SIP submittal more accurately
                                                                                                                                                            application of those requirements would
                                             represents the current fee structure than                IV. Incorporation by Reference                        be inconsistent with the Clean Air Act;
                                             the previously approved SIP, which was
                                                                                                         In this direct final rule, the EPA is              and
                                             approved by EPA on November 12,                                                                                   • does not provide the EPA with the
                                             1986. Based on EPA’s evaluation of the                   finalizing regulatory text that includes
                                                                                                      incorporation by reference. In                        discretionary authority to address, as
                                             fee assessment provisions submitted,                                                                           appropriate, disproportionate human
                                             EPA finds the submitted repeal and                       accordance with requirements of 1 CFR
                                                                                                      51.5, the EPA is finalizing the                       health or environmental effects, using
                                             replace of, and subsequent revisions to                                                                        practicable and legally permissible
                                             Arkansas Regulation 9 establishing fee                   incorporation by reference of the
                                                                                                      Arkansas title I Permit Fees described in             methods, under Executive Order 12898
                                             requirements for permits is consistent                                                                         (59 FR 7629, February 16, 1994).
                                             with sections 110(a)(2)(E)(i) and                        the Final Action section above. The EPA
                                                                                                      has made, and will continue to make,                  The SIP is not approved to apply on any
                                             110(a)(2)(L) of the CAA.                                                                                       Indian reservation land or in any other
                                                                                                      these documents generally available
                                             III. Final Action                                        electronically through                                area where the EPA or an Indian tribe
                                                For the reasons stated above and in                   www.regulations.gov and/or in hard                    has demonstrated that a tribe has
                                             the TSD, the EPA is taking direct final                  copy at the appropriate EPA office (see               jurisdiction. In those areas of Indian
                                             action to approve revisions to the                       the ADDRESSES section of this preamble                country, the rule does not have tribal
                                             Arkansas SIP pertaining to title I fees.                 for more information).                                implications and will not impose
                                             Specifically, the EPA is deleting the                                                                          substantial direct costs on tribal
                                                                                                      V. Statutory and Executive Order                      governments or preempt tribal law as
                                             current SIP-approved fee program and                     Reviews
                                             approving in its place the revised                                                                             specified by Executive Order 13175 (65
                                             Arkansas fee program at Regulation 9,                      Under the CAA, the Administrator is                 FR 67249, November 9, 2000).
                                             Chapters 1, 2,5 3, 5 and 9 effective on                  required to approve a SIP submission                     The Congressional Review Act, 5
                                             July 9, 2012, and submitted as revisions                 that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                             to the Arkansas SIP on November 6,                       Act and applicable federal regulations.               Business Regulatory Enforcement
                                             2012.                                                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                                We are approving the revisions to the                 Thus, in reviewing SIP submissions, the               that before a rule may take effect, the
                                             Arkansas SIP under section 110 of the                    EPA’s role is to approve state choices,               agency promulgating the rule must
                                             Act. We are publishing this rule without                 provided that they meet the criteria of               submit a rule report, which includes a
                                             prior proposal because we view this as                   the Clean Air Act. Accordingly, this                  copy of the rule, to each House of the
                                             a noncontroversial amendment and                         action merely approves state law as                   Congress and to the Comptroller General
                                                                                                      meeting Federal requirements and does                 of the United States. The EPA will
                                                4 The Arkansas air permitting program is a one        not impose additional requirements                    submit a report containing this action
                                             permit system (meaning that title I and title V are      beyond those imposed by state law. For                and other required information to the
                                             issued together for major sources) the fee               that reason, this action:                             U.S. Senate, the U.S. House of
                                             regulations are combined in Regulation 9. The EPA
                                             has not evaluated the revised Regulation 9 Fee
                                                                                                        • Is not a ‘‘significant regulatory                 Representatives, and the Comptroller
                                                                                                                                                            General of the United States prior to
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                                             Provisions for sufficiency under 40 CFR 70.9 of the      action’’ subject to review by the Office
                                             title V state operating permit program.                  of Management and Budget under                        publication of the rule in the Federal
                                                5 Only the portions of Chapter 2 that relate to the
                                                                                                      Executive Order 12866 (58 FR 51735,                   Register. A major rule cannot take effect
                                             Air program are included in the Arkansas SIP. The        October 4, 1993) and 13563 (76 FR 3821,               until 60 days after it is published in the
                                             definitions to include are specified in ADEQ letter
                                             to the EPA dated December 11, 2014, which is             January 21, 2011);                                    Federal Register. This action is not a
                                             available in our rulemaking docket and addressed           • does not impose an information                    ‘‘major rule’’ as defined by 5 U.S.C.
                                             in more detail in the TSD.                               collection burden under the provisions                804(2).


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                                             24218                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations

                                                Under section 307(b)(1) of the Clean                            List of Subjects in 40 CFR Part 52                        PART 52—APPROVAL AND
                                             Air Act, petitions for judicial review of                                                                                    PROMULGATION OF
                                             this action must be filed in the United                              Environmental protection, Air                           IMPLEMENTATION PLANS
                                             States Court of Appeals for the                                    pollution control, Carbon monoxide,
                                             appropriate circuit by June 29, 2015.                              Incorporation by reference,                               ■ 1. The authority citation for part 52
                                             Filing a petition for reconsideration by                           Intergovernmental relations, Lead,                        continues to read as follows:
                                             the Administrator of this final rule does                          Nitrogen dioxide, Ozone, Particulate                          Authority: 42 U.S.C. 7401 et seq.
                                             not affect the finality of this action for                         matter, Reporting and recordkeeping
                                             the purposed of judicial review nor does                           requirements, Sulfur oxides, Volatile                     Subpart E—Arkansas
                                             it extend the time within which a                                  organic compounds.
                                                                                                                                                                          ■ 2. In § 52.170(c), the table titled ‘‘EPA-
                                             petition for judicial review may be filed,                           Dated: April 17, 2015.
                                                                                                                                                                          Approved Regulations in the Arkansas
                                             and shall not postpone the effectiveness                           Ron Curry,                                                SIP’’ is amended by revising the heading
                                             of such rule or action. This action may                            Regional Administrator, Region 6.                         and entries for ‘‘Arkansas Regulation
                                             not be challenged later in proceedings to                                                                                    No. 9: Permit Fees,’’ to read as follows:
                                             enforce its requirements. (See section                                40 CFR part 52 is amended as follows:
                                             307(b)(2).)                                                                                                                  § 52.170    Identification of plan.
                                                                                                                                                                          *       *    *        *      *
                                                                                                                                                                              (c) * * *

                                                                                                    EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
                                                                                                                   State
                                                                                         Title/                  submittal/
                                                  State citation                                                                    EPA approval date                                      Explanation
                                                                                        subject                   effective
                                                                                                                    date


                                                        *                           *                            *                          *                       *                       *                       *

                                                                                                                       Regulation No. 9: Fee Regulation

                                             Chapter 1 ..................   Title ...........................        7/9/2012    4/30/2015 [Insert FR cita-
                                                                                                                                   tion].
                                             Chapter 2 ..................   Definitions .................            7/9/2012    4/30/2015 [Insert FR cita-         The following definitions do not relate to the air pro-
                                                                                                                                   tion].                             gram and are not being approved into the SIP:
                                                                                                                                                                      ‘‘Category’’, ‘‘Certificate’’, ‘‘Confined Animal Oper-
                                                                                                                                                                      ation’’, ‘‘Discretionary Major Facility’’, ‘‘Evaluation’’,
                                                                                                                                                                      ‘‘Laboratory‘‘, ‘‘Major Municipal Facility’’, ‘‘Non-Mu-
                                                                                                                                                                      nicipal Major Facility’’, ‘‘Parameter’’, ‘‘Program’’.
                                             Chapter 3 ..................   Permit Fee Payment                       7/9/2012    4/30/2015 [Insert FR cita-
                                                                                                                                   tion].
                                             Chapter 5 ..................   Air Permit Fees .........                7/9/2012    4/30/2015 [Insert FR cita-
                                                                                                                                   tion].
                                             Chapter 9 ..................   Administrative Proce-                    7/9/2012    4/30/2015 [Insert FR cita-
                                                                              dures.                                               tion].



                                             *      *       *       *        *                                  SUMMARY:    The U.S. Environmental                        2015. A document providing a full
                                             [FR Doc. 2015–09905 Filed 4–29–15; 8:45 am]                        Protection Agency (EPA) is providing                      explanation of the agency’s rationale for
                                             BILLING CODE 6560–50–P                                             notice that it has responded to 23                        each denial is in the docket for these
                                                                                                                petitions for reconsideration of the final                rules.
                                                                                                                rules titled National Emission Standards                  DATES: Effective April 30, 2015.
                                             ENVIRONMENTAL PROTECTION                                           for Hazardous Air Pollutants (NESHAP)                     FOR FURTHER INFORMATION CONTACT: Mr.
                                             AGENCY                                                             From Coal- and Oil-Fired Electric Utility                 Jim Eddinger, Sector Policies and
                                                                                                                Steam Generating Units and Standards                      Programs Division (D243–01), Office of
                                             40 CFR Parts 60 and 63
                                                                                                                of Performance (NSPS) for Fossil-Fuel-                    Air Quality Planning and Standards,
                                             [EPA–HQ–OAR–2009–0234 and EPA–HQ–                                  Fired Electric Utility, Industrial-                       Environmental Protection Agency,
                                             OAR–2011–0044; FRL–9926–74–OAR]                                    Commercial-Institutional, and Small                       Research Triangle Park, North Carolina
                                                                                                                Industrial-Commercial-Institutional                       27711; telephone number: (919) 541–
                                             RIN 2060–AR62                                                      Steam Generating Units, published in                      5426; fax number: (919) 541–5450;
                                                                                                                the Federal Register on February 16,                      email address: eddinger.jim@epa.gov.
                                             Reconsideration on the Mercury and                                 2012. The agency previously granted                       SUPPLEMENTARY INFORMATION:
                                             Air Toxics Standards (MATS) and the                                reconsideration on several discrete
                                             Utility New Source Performance                                     issues and took final action on                           I. How can I get copies of this document
rmajette on DSK2VPTVN1PROD with RULES




                                             Standards; Final Action                                            reconsideration through documents                         and other related information?
                                             AGENCY:  Environmental Protection                                  published in the Federal Register on                         This Federal Register document, the
                                             Agency (EPA).                                                      April 24, 2013, and November 19, 2014.                    petitions for reconsideration, the letters
                                                                                                                The Administrator denied the remaining                    denying the petitions for
                                             ACTION: Notice of final action denying
                                                                                                                requests for reconsideration in separate                  reconsideration, and the document
                                             petitions for reconsideration.
                                                                                                                letters to the petitioners dated April 21,                titled ‘‘Denial of Petitions for


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Document Created: 2018-02-21 10:14:46
Document Modified: 2018-02-21 10:14:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective on June 29, 2015 without further notice, unless the EPA receives relevant adverse comment by June 1, 2015. If the EPA receives such comment, the EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactMs. Tracie Donaldson, (214) 665-6633, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Donaldson or Mr. Bill Deese at (214) 665-7253.
FR Citation80 FR 24216 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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