80 FR 38625 - Approval and Promulgation of Implementation Plans; Arkansas; Prevention of Significant Deterioration; Greenhouse Gas Plantwide Applicability Limit Permitting Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 129 (July 7, 2015)
Federal Register Volume 80, Issue 129 (July 7, 2015)
| Page Range | 38625-38628 | |
| FR Document | 2015-16388 |
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)] [Rules and Regulations] [Pages 38625-38628] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16388] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2014-0378; FRL-9929-81-Region 6] Approval and Promulgation of Implementation Plans; Arkansas; Prevention of Significant Deterioration; Greenhouse Gas Plantwide Applicability Limit Permitting Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving one revision to the Arkansas State Implementation Plan (SIP) submitted by the Arkansas Governor to the EPA on January 7, 2014. This submittal revises the Arkansas Prevention of Significant Deterioration (PSD) Permitting Program to incorporate by reference federal plantwide applicability limit (PAL) permitting provisions to enable the State of Arkansas to issue PSD PALs to sources with greenhouse gas (GHG) emissions. The EPA has determined that the January 7, 2014 revision to the Arkansas SIP is consistent with federal requirements for PSD permitting. The EPA is also approving ministerial changes to the Code of Federal Regulations (CFR) to reflect recent EPA SIP approvals to the Arkansas PSD program and to show that SIP deficiencies identified in prior partial disapprovals have been addressed. We are finalizing this action under section 110 and part C of title I of the Clean Air Act (CAA or the Act). DATES: This final rule is effective on August 6, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2014-0378. All documents in the docket are listed on the http://www.regulations.gov Web site. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background The background for this action is discussed in detail in our April 27, 2015 proposal. See 80 FR 23245. In that document, we proposed to approve the January 7, 2014, Arkansas SIP revision; a submittal that included PSD permitting provisions adopted on June 28, 2013, at the Arkansas Pollution Control and Ecology Commission's (``Commission'') Regulation Number 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control (hereinafter Regulation 19 at 19.904(A)(1) and (G)(1)). These revisions to the PSD program provide the Arkansas Department of Environmental Quality (ADEQ) the ability to issue GHG PSD PALs consistent with the ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits Final Rule'' (77 FR 41051) and recent litigation surrounding the permitting of GHGs.\1\ The January 7, [[Page 38626]] 2014 submittal also included a non-substantive revision to the Regulation 19.904(E)(3) to correct a reference to federal air quality models for PSD permitting. The April 27, 2015, proposal and the accompanying Technical Support Document (TSD) present our rationale for approving these regulations as meeting the minimum federal requirements for the adoption and implementation of the PSD SIP permitting programs. This action was proposed under section 110 and part C of the Act. We did not receive any comments regarding our proposal. --------------------------------------------------------------------------- \1\ As explained more fully in our April 27, 2015, proposed rulemaking; the U.S. Supreme Court issued a decision addressing the application of PSD permitting requirements to GHG emissions on June 23, 2014, in Utility Air Regulatory Group v. Environmental Protection Agency. See 134 S.Ct. 2427 (2014) (the ``UARG'' decision).The UARG decision effectively upheld PSD permitting requirements for GHG emissions under Step 1 of the Tailoring Rule for ``anyway sources'' and invalidated PSD permitting requirements for Step 2 sources. In accordance with the UARG decision, on April 10, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) issued an amended judgment vacating the regulations that implemented Step 2 of the Tailoring Rule, but not the regulations that implement Step 1 of the Tailoring Rule. See Coalition for Responsible Regulation v. EPA, D.C. Cir., No. 09-1322, 06/26/20, judgment entered for No. 09-1322 on 04/10/2015. (The ``Coalition'' decision). Neither the UARG decision nor the Coalition judgment directly impacted the ability to issue PALs for GHGs for existing major stationary sources. We anticipate that the EPA will need to revise the PAL provisions in the future to address the specifics of these decisions, but this does not affect today the finalization of the State's PAL provisions that can be used to provide PALs for GHGs consistent with the UARG and Coalition decisions. Therefore we can finalize approval of the AR GHG PAL provisions at this time. --------------------------------------------------------------------------- II. Final Action The EPA is approving the January 7, 2014 submitted revisions to the Arkansas PSD Permitting Program at Regulation 19.904(A)(1), (E)(3), and (G)(1) into the Arkansas SIP. The EPA has determined that the January 7, 2014 revision is approvable because the submitted rules are adopted and submitted in accordance with the CAA and are consistent with the EPA's regulations regarding PSD permitting for emissions of GHGs. Therefore, the EPA approves the following as a revision to the Arkansas PSD SIP:Substantive revisions to Regulation 19.904(A)(1) incorporating by reference the federal GHG PSD PAL permitting provisions, Revisions to Regulation 19.904(E)(3) to update the reference to federal PSD air quality models at 40 CFR 52.21(l)(2), and Substantive revisions to Regulation 19.904(G)(1) establishing the requirements for GHG PSD PAL permits consistent with federal requirements. The EPA is also finalizing our approval of ministerial changes to 40 CFR 52.170(e) and 40 CFR 52.172(b) which reflect that deficiencies identified in our partial disapproval of the December 17, 2007 and March 28, 2008 Arkansas SIP submittals for the 1997 8-hour ozone NAAQS were addressed by our approval of Arkansas PSD program revisions which provide the authority to regulate and permit emissions of GHGs on April 2, 2013 (78 FR 19596). We are also approving a ministerial change to 40 CFR 52.181(a) to reflect that the EPA approved a revision to the PSD program for the authority to regulate and permit emissions of GHGs on April 2, 2013 (78 FR 19596). The EPA is approving these actions under section 110 and part C of the Act, and for the reasons stated above. III. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the Arkansas regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. IV. 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, 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); 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 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 September 8, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality [[Page 38627]] 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: June 19, 2015. Samuel Coleman, Acting 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. Section 52.170 is amended by revising: 0 a. The entry for Section 19.904 in the table titled ``EPA-Approved Regulations in the Arkansas SIP'' in paragraph (c); and 0 b. The entries for ``Infrastructure for the 1997 Ozone NAAQS'' and ``Interstate transport for the 1997 ozone NAAQS (Noninterference with measures required to prevent significant deterioration of air quality in any other State)'' in the third table titled ``EPA-Approved Non- Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP'' in paragraph (e). The revisions read as follows: Sec. 52.170 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- State State citation Title/Subject submittal/ EPA Approval date Explanation effective date ---------------------------------------------------------------------------------------------------------------- Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 9: Prevention of Significant Deterioration ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Section 19.904................. Adoption of Regulations 12/01/2014 7/7/2015 [Insert ................... FR page number where document begins]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- State Name of SIP provision Applicable geographic submittal/ EPA Approval date Explanation or nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Infrastructure for the 1997 Statewide............ 12/17/07 8/20/12 (77 FR Approval for CAA Ozone NAAQS. 3/28/08 50033). elements 110(a)(2)(A), (B), (E), (F), (G), (H), (K), (L), and (M). Approval for CAA elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality), (D)(ii), and (J) for the 1997 ozone NAAQS, except as it relates to Greenhouse Gas (GHG) emissions. The GHG PSD deficiency was addressed on April 2, 2013 (78 FR 19596). [[Page 38628]] * * * * * * * Interstate transport for the Statewide............ 4/5/11 8/20/12 (77 FR Approved except as it 1997 ozone NAAQS 50033). relates to GHGs. The (Noninterference with GHG PSD deficiency measures required to prevent was addressed on significant deterioration of April 2, 2013 (78 FR air quality in any other 19596). State). * * * * * * * ---------------------------------------------------------------------------------------------------------------- Sec. 52.172 [Amended] 0 3. Section 52.172 is amended by removing paragraph (b) and redesignating paragraphs (c) and (d) as paragraphs (b) and (c), respectively. 0 4. Section 52.181 is amended by redesignating paragraph (a)(5) as paragraph (a)(7) and adding paragraphs (a)(5) and (6) to read as follows: Sec. 52.181 Significant deterioration of air quality. (a) * * * (5) November 6, 2012--submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which provided the authority to regulate greenhouse gas emissions in the Arkansas PSD program. (6) January 7, 2014--submittal of Regulation 19, Chapter 9, Prevention of Significant Deterioration which updated the Arkansas PSD program to provide for the issuance of greenhouse gas plantwide applicability limit permits. * * * * * [FR Doc. 2015-16388 Filed 7-6-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38625
rule is categorically excluded from assisting the COTP in the enforcement EPA is also approving ministerial
further review under paragraph 34(g) of of the safety zone. changes to the Code of Federal
Figure 2–1 of the Commandant (d) Regulations. (1) Under the general Regulations (CFR) to reflect recent EPA
Instruction. An environmental analysis regulations in subpart C of this part, SIP approvals to the Arkansas PSD
checklist supporting this determination entry into, transiting or anchoring program and to show that SIP
and a Categorical Exclusion within this safety zone is prohibited deficiencies identified in prior partial
Determination are available in the unless authorized by the COTP or a disapprovals have been addressed. We
docket where indicated under designated representative. are finalizing this action under section
ADDRESSES. We seek any comments or (2) The safety zone is closed to all 110 and part C of title I of the Clean Air
information that may lead to the vessel traffic, except as may be Act (CAA or the Act).
discovery of a significant environmental permitted by the COTP or a designated DATES: This final rule is effective on
impact from this rule. representative. August 6, 2015.
(3) Vessel operators desiring to enter ADDRESSES: EPA has established a
List of Subjects in 33 CFR Part 165
or operate within the safety zone must docket for this action under Docket ID
Harbors, Marine safety, Navigation contact the COTP or a designated No. EPA–R06–OAR–2014–0378. All
(water), Reporting and recordkeeping representative to obtain permission to documents in the docket are listed on
requirements, Security measures, do so. Vessel operators given permission the http://www.regulations.gov Web
Waterways. to enter or operate in the safety zone site. Although listed in the index, some
For the reasons discussed in the must comply with all directions given to information is not publicly available,
preamble, the Coast Guard amends 33 them by the COTP or a designated e.g., Confidential Business Information
CFR part 165 as follows: representative. Persons and vessels may or other information whose disclosure is
request permission to enter the safety restricted by statute. Certain other
PART 165—REGULATED NAVIGATION zone on VHF–23A or through the 24- material, such as copyrighted material,
AREAS AND LIMITED ACCESS AREAS hour Command Center at telephone is not placed on the Internet and will be
(415) 399–3547. publicly available only in hard copy
■ 1. The authority citation for part 165 Dated: May 18, 2015. form. Publicly available docket
continues to read as follows: Gregory G. Stump, materials are available either
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Captain, U.S. Coast Guard, Captain of the electronically through http://
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port San Francisco. www.regulations.gov or in hard copy at
Department of Homeland Security Delegation EPA Region 6, 1445 Ross Avenue, Suite
[FR Doc. 2015–16621 Filed 7–6–15; 8:45 am]
No. 0170.1. 700, Dallas, Texas 75202–2733.
BILLING CODE 4910–15–P
■ 2. Add § 165.T11–681 to read as FOR FURTHER INFORMATION CONTACT:
follows: Adina Wiley, 214–665–2115,
§ 165.T11–681 Safety zone; Underwater ENVIRONMENTAL PROTECTION wiley.adina@epa.gov.
Vessel Testing, San Francisco Bay, San AGENCY SUPPLEMENTARY INFORMATION:
Francisco, CA. Throughout this document wherever
40 CFR Part 52 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
(a) Location. This temporary safety
zone will encompass the navigable [EPA–R06–OAR–2014–0378; FRL–9929–81– the EPA.
waters of the South San Francisco Bay Region 6]
I. Background
within an area connecting the following
points: 37°43′30″ N., 122°21′6″ W.; Approval and Promulgation of The background for this action is
37°43′53″ N., 122°19′17″ W.; 37°41′34″ Implementation Plans; Arkansas; discussed in detail in our April 27, 2015
N., 122°20′30″ W.; 37°41′56″ N., Prevention of Significant Deterioration; proposal. See 80 FR 23245. In that
122°18′42″ W. (NAD 83); thence back to Greenhouse Gas Plantwide document, we proposed to approve the
the point of origin (NAD 83), as Applicability Limit Permitting January 7, 2014, Arkansas SIP revision;
depicted in National Oceanic and Revisions a submittal that included PSD
Atmospheric Administration (NOAA) permitting provisions adopted on June
AGENCY: Environmental Protection 28, 2013, at the Arkansas Pollution
Chart 18651. Agency (EPA).
(b) Enforcement period. The zone Control and Ecology Commission’s
ACTION: Final rule. (‘‘Commission’’) Regulation Number 19,
described in paragraph (a) of this
section will be enforced for a duration Regulations of the Arkansas Plan of
SUMMARY: The Environmental Protection
of 6 to up to 72 hours, as announced via Implementation for Air Pollution
Agency (EPA) is approving one revision
Broadcast Notice to Mariners, Control (hereinafter Regulation 19 at
to the Arkansas State Implementation
periodically between on July 1 through 19.904(A)(1) and (G)(1)). These revisions
Plan (SIP) submitted by the Arkansas
October 31, 2015. The Captain of the to the PSD program provide the
Governor to the EPA on January 7, 2014.
Port San Francisco (COTP) will notify Arkansas Department of Environmental
This submittal revises the Arkansas
the maritime community of periods Quality (ADEQ) the ability to issue GHG
Prevention of Significant Deterioration
during which this zone will be enforced PSD PALs consistent with the
(PSD) Permitting Program to incorporate
via Broadcast Notice to Mariners in ‘‘Prevention of Significant Deterioration
by reference federal plantwide
accordance with § 165.7. and Title V Greenhouse Gas Tailoring
applicability limit (PAL) permitting
Rule Step 3 and GHG Plantwide
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(c) Definitions. As used in this provisions to enable the State of
Applicability Limits Final Rule’’ (77 FR
section, ‘‘designated representative’’ Arkansas to issue PSD PALs to sources
41051) and recent litigation surrounding
means a Coast Guard Patrol with greenhouse gas (GHG) emissions.
the permitting of GHGs.1 The January 7,
Commander, including a Coast Guard The EPA has determined that the
coxswain, petty officer, or other officer January 7, 2014 revision to the Arkansas 1 As explained more fully in our April 27, 2015,
on a Coast Guard vessel or a Federal, SIP is consistent with federal proposed rulemaking; the U.S. Supreme Court
State, or local officer designated by or requirements for PSD permitting. The Continued
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![Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38627
of this action for the purposed of Dated: June 19, 2015. in the Arkansas SIP’’ in paragraph (c);
judicial review nor does it extend the Samuel Coleman, and
time within which a petition for judicial Acting Regional Administrator, Region 6. ■ b. The entries for ‘‘Infrastructure for
review may be filed, and shall not 40 CFR part 52 is amended as follows: the 1997 Ozone NAAQS’’ and
postpone the effectiveness of such rule
‘‘Interstate transport for the 1997 ozone
or action. This action may not be PART 52—APPROVAL AND
NAAQS (Noninterference with
challenged later in proceedings to PROMULGATION OF
enforce its requirements. (See section IMPLEMENTATION PLANS measures required to prevent significant
307(b)(2).) deterioration of air quality in any other
■ 1. The authority citation for part 52 State)’’ in the third table titled ‘‘EPA-
List of Subjects in 40 CFR Part 52 continues to read as follows: Approved Non-Regulatory Provisions
Environmental protection, Air Authority: 42 U.S.C. 7401 et seq. and Quasi-Regulatory Measures in the
pollution control, Carbon monoxide, Arkansas SIP’’ in paragraph (e).
Incorporation by reference, Subpart E—Arkansas The revisions read as follows:
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate ■ 2. Section 52.170 is amended by § 52.170 Identification of plan.
matter, Reporting and recordkeeping revising: * * * * *
requirements, Sulfur oxides, Volatile ■ a. The entry for Section 19.904 in the
organic compounds. table titled ‘‘EPA-Approved Regulations (c) * * *
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State
submittal/
State citation Title/Subject EPA Approval date Explanation
effective
date
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
* * * * * * *
Chapter 9: Prevention of Significant Deterioration
* * * * * * *
Section 19.904 .................. Adoption of Regulations ............................................. 12/01/2014 7/7/2015 [Insert FR page
number where docu-
ment begins].
* * * * * * *
* * * * * (e) * * *
EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
State
Name of SIP Applicable geographic or nonattainment submittal/ EPA Approval Explanation
provision area effective date
date
* * * * * * *
Infrastructure for the Statewide ................................................... 12/17/07 8/20/12 (77 Approval for CAA elements 110(a)(2)(A),
1997 Ozone 3/28/08 FR 50033). (B), (E), (F), (G), (H), (K), (L), and (M).
NAAQS. Approval for CAA elements
110(a)(2)(C), (D)(i)(II) (interfere with
measures in any other state to prevent
significant deterioration of air quality),
(D)(ii), and (J) for the 1997 ozone
NAAQS, except as it relates to Green-
house Gas (GHG) emissions. The GHG
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PSD deficiency was addressed on April
2, 2013 (78 FR 19596).
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![38628 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations
EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP—Continued
State
Name of SIP Applicable geographic or nonattainment submittal/ EPA Approval Explanation
provision area effective date
date
* * * * * * *
Interstate transport Statewide ................................................... 4/5/11 8/20/12 (77 Approved except as it relates to GHGs.
for the 1997 ozone FR 50033). The GHG PSD deficiency was ad-
NAAQS (Noninter- dressed on April 2, 2013 (78 FR
ference with meas- 19596).
ures required to
prevent significant
deterioration of air
quality in any other
State).
* * * * * * *
§ 52.172 [Amended] SUMMARY: The Environmental Protection available only in hard copy form.
■ 3. Section 52.172 is amended by Agency (EPA) is finalizing performance Publicly available docket materials are
removing paragraph (b) and specifications and test procedures for available either electronically through
redesignating paragraphs (c) and (d) as hydrogen chloride (HCl) continuous www.regulations.gov or in hard copy at
paragraphs (b) and (c), respectively. emission monitoring systems (CEMS) to the EPA Docket Center, Room 3334,
provide sources and regulatory agencies EPA WJC West Building, 1301
■ 4. Section 52.181 is amended by
with criteria and test procedures for Constitution Ave. NW., Washington, DC
redesignating paragraph (a)(5) as evaluating the acceptability of HCl 20004. The Public Reading Room is
paragraph (a)(7) and adding paragraphs CEMS. The final performance open from 8:30 a.m. to 4:30 p.m.,
(a)(5) and (6) to read as follows: specification (Performance Specification Monday through Friday, excluding legal
§ 52.181 Significant deterioration of air 18) includes requirements for initial holidays. The telephone number for the
quality. acceptance, including instrument Public Reading Room is (202) 566–1744,
(a) * * * accuracy and stability assessments. This and the telephone number for the EPA
(5) November 6, 2012—submittal of action also finalizes quality assurance Docket Center is (202) 566–1742.
Regulation 19, Chapter 9, Prevention of (QA) procedures for HCl CEMS used for FOR FURTHER INFORMATION CONTACT: Ms.
Significant Deterioration which compliance determination at stationary Candace Sorrell, Office of Air Quality
provided the authority to regulate sources. The QA procedures (Procedure Planning and Standards, Air Quality
greenhouse gas emissions in the 6) specify the minimum QA Assessment Division (AQAD),
Arkansas PSD program. requirements necessary for the control Measurement Technology Group, U.S.
(6) January 7, 2014—submittal of and assessment of the quality of CEMS Environmental Protection Agency,
Regulation 19, Chapter 9, Prevention of data submitted to the EPA. Research Triangle Park, North Carolina
This action establishes consistent 27709; telephone number: (919) 541–
Significant Deterioration which updated
requirements for ensuring and assessing 1064; fax number: (919) 541–0516;
the Arkansas PSD program to provide
the quality of HCl data measured by email address: sorrell.candace@epa.gov.
for the issuance of greenhouse gas
CEMS. The affected systems are those
plantwide applicability limit permits. SUPPLEMENTARY INFORMATION: The
used for determining compliance with
* * * * * emission standards for HCl on a information in this preamble is
[FR Doc. 2015–16388 Filed 7–6–15; 8:45 am]
continuous basis as specified in an organized as follows:
BILLING CODE 6560–50–P applicable permit or regulation. The I. General Information
affected industries and their North A. Does this action apply to me?
American Industry Classification B. Where can I get a copy of this document
ENVIRONMENTAL PROTECTION and other related information?
System (NAICS) codes are listed in the C. Judicial Review
AGENCY SUPPLEMENTARY INFORMATION section of II. Background
40 CFR Part 60 this preamble. III. Changes Included in the Final
DATES: This final rule is effective on July Performance Specification 18 and
[EPA–HQ–OAR–2013–0696; FRL–9929–25– 7, 2015. Procedure 6
IV. Summary of Major Comments and
OAR] ADDRESSES: Docket: The EPA has
Responses
established a docket for this rulemaking A. Dynamic Spiking
RIN 2060–AR81 under Docket ID No. EPA–HQ–OAR– B. Duplicate Trains When Performing
2013–0696. All documents in the docket RATA
Performance Specification 18— are listed on the www.regulations.gov C. Stratification Test Requirements
Performance Specifications and Test Web site. Although listed in the index, D. Calibration Range Above Span
srobinson on DSK5SPTVN1PROD with RULES
Procedures for Hydrogen Chloride some information is not publicly E. RATA Acceptance Criteria for Low
Continuous Emission Monitoring available, e.g., Confidential Business Concentration Sources
Systems at Stationary Sources V. Statutory and Executive Order Reviews
Information (CBI) or other information A. Executive Order 12866: Regulatory
AGENCY: Environmental Protection whose disclosure is restricted by statute. Planning and Review and Executive
Agency (EPA). Certain other material, such as Order 13563: Improving Regulation and
copyrighted material, is not placed on Regulatory Review
ACTION: Final rule.
the Internet and will be publicly B. Paperwork Reduction Act (PRA)
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Document Created: 2015-12-15 13:27:27
Document Modified: 2015-12-15 13:27:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on August 6, 2015. | |
| Contact | Adina Wiley, 214-665-2115, [email protected] | |
| FR Citation | 80 FR 38625 | |
| CFR Associated | Environmental 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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