82_FR_42801 82 FR 42627 - Approval and Promulgation of Implementation Plans; Arkansas; Approval of Regional Haze State Implementation Plan Revision and Withdrawal of Federal Implementation Plan for NOX

82 FR 42627 - Approval and Promulgation of Implementation Plans; Arkansas; Approval of Regional Haze State Implementation Plan Revision and Withdrawal of Federal Implementation Plan for NOX

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 174 (September 11, 2017)

Page Range42627-42639
FR Document2017-18661

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a proposed revision to the Arkansas Regional Haze State Implementation Plan (SIP) submitted for parallel processing on July 12, 2017, by the State of Arkansas through the Arkansas Department of Environmental Quality (ADEQ). Specifically, the EPA is proposing to approve the State's proposed SIP revision, which addresses nitrogen oxide (NO<INF>X</INF>) requirements for the Arkansas Electric Cooperative Corporation (AECC) Bailey Plant Unit 1; AECC McClellan Plant Unit 1; the American Electric Power/Southwestern Electric Power Company (AEP/ SWEPCO) Flint Creek Plant Boiler No. 1; Entergy Arkansas, Inc. (Entergy) Lake Catherine Plant Unit 4; Entergy White Bluff Plant Units 1 and 2 and the Auxiliary Boiler; and Entergy Independence Plant Units 1 and 2. In conjunction with this proposed approval, we are proposing to withdraw federal implementation plan (FIP) emission limits for NO<INF>X</INF> that would otherwise apply to the nine aforementioned units.

Federal Register, Volume 82 Issue 174 (Monday, September 11, 2017)
[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Proposed Rules]
[Pages 42627-42639]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18661]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0189; FRL-9966-97-Region 6]


Approval and Promulgation of Implementation Plans; Arkansas; 
Approval of Regional Haze State Implementation Plan Revision and 
Withdrawal of Federal Implementation Plan for NOX for Electric 
Generating Units in Arkansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a 
proposed revision to the Arkansas Regional Haze State Implementation 
Plan (SIP) submitted for parallel processing on July 12, 2017, by the 
State of Arkansas through the Arkansas Department of Environmental 
Quality (ADEQ). Specifically, the EPA is proposing to approve the 
State's proposed SIP revision, which addresses nitrogen oxide 
(NOX) requirements for the Arkansas Electric Cooperative 
Corporation (AECC) Bailey Plant Unit 1; AECC McClellan Plant Unit 1; 
the American Electric Power/Southwestern Electric Power Company (AEP/
SWEPCO) Flint Creek Plant Boiler No. 1; Entergy Arkansas, Inc. 
(Entergy) Lake Catherine Plant Unit 4; Entergy White Bluff Plant Units 
1 and 2 and the Auxiliary Boiler; and Entergy Independence Plant Units 
1 and 2. In conjunction with this proposed approval, we are proposing 
to withdraw federal implementation plan (FIP) emission limits for 
NOX that would otherwise apply to the nine aforementioned 
units.

DATES: Written comments must be received on or before October 11, 2017.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0189, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Dayana Medina, 
[email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the 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: Dayana Medina, 214-665-7241, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Dayana Medina 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. The Regional Haze Program
    B. Our Previous Actions on Arkansas Regional Haze
    C. CSAPR as an Alternative to Source-Specific NOX 
BART
II. Our Evaluation of Arkansas' Proposed Regional Haze SIP Revision
    A. Reliance on CSAPR To Satisfy NOX BART
    B. Reasonable Progress Analysis for NOX
    1. Regional Particulate Source Apportionment Tool (PSAT) Data 
for Caney Creek and Upper Buffalo
    2. Arkansas Source PSAT Data for Caney Creek and Upper Buffalo
    3. Arkansas' Conclusions Regarding Key Pollutants and Source 
Category Contributions
    4. Our Evaluation of Arkansas' Analysis
    C. Required Consultation
III. Proposed Action
    A. Arkansas' Proposed Regional Haze SIP Revision
    B. Partial FIP Withdrawal
    C. Clean Air Act Section 110(l)
IV. Statutory and Executive Order Reviews

I. Background

A. The Regional Haze Program

    Regional haze is visibility impairment that is produced by a 
multitude of sources and activities that are located across a broad 
geographic area and emit fine particulates (PM2.5) (e.g., 
sulfates, nitrates, organic carbon (OC), elemental carbon (EC), and 
soil dust), and their precursors (e.g., sulfur dioxide 
(SO2), NOX, and in some cases, ammonia 
(NH3) and volatile organic compounds (VOCs)). Fine particle 
precursors react in the atmosphere to form PM2.5, which 
impairs visibility by scattering and absorbing light. Visibility 
impairment reduces the clarity, color, and visible distance that can be 
seen. PM2.5 can also cause serious adverse health effects 
and mortality in humans; it also contributes to environmental effects 
such as acid deposition and eutrophication.
    Section 169A of the CAA directs states to evaluate the use of 
retrofit controls at certain larger, often under-controlled, older 
stationary sources in order to address visibility impacts from

[[Page 42628]]

these sources. Specifically, section 169A(b)(2)(A) of the CAA requires 
states to revise their SIPs to contain such measures as may be 
necessary to make reasonable progress toward the natural visibility 
goal, including a requirement that certain categories of existing major 
stationary sources built between 1962 and 1977 procure, install, and 
operate the ``Best Available Retrofit Technology'' (BART). Larger 
``fossil-fuel fired steam electric plants'' are one of these source 
categories. Under the Regional Haze Rule, states are directed to 
conduct BART determinations for ``BART-eligible'' sources that may be 
anticipated to cause or contribute to any visibility impairment in a 
Class I area. Section 169A(g)(2) of the CAA establishes that in 
determining BART, states must take into consideration the following 
five factors: (1) Costs of compliance, (2) the energy and nonair 
quality environmental impacts of compliance, (3) any existing pollution 
control technology in use at the source, (4) the remaining useful life 
of the source, and (5) the degree of improvement in visibility which 
may reasonably be anticipated to result from the use of such 
technology. The evaluation of BART for electric generating units (EGUs) 
that are located at fossil-fuel fired power plants having a generating 
capacity in excess of 750 megawatts must follow the ``Guidelines for 
BART Determinations Under the Regional Haze Rule'' at appendix Y to 40 
CFR part 51 (hereinafter referred to as the ``BART Guidelines''). 
Rather than requiring source-specific BART controls, states also have 
the flexibility to adopt an emissions trading program or other 
alternative program as long as the alternative provides for greater 
progress towards improving visibility than BART.
    The vehicle for ensuring continuing progress towards achieving the 
natural visibility goal is the submission of a series of regional haze 
SIPs that contain long-term strategies to make reasonable progress 
towards natural visibility conditions and establish reasonable progress 
goals (RPGs) for every Class I area within the state. States have 
significant discretion in establishing RPGs,\1\ but are required to 
consider the following factors established in section 169A of the CAA: 
(1) The costs of compliance; (2) the time necessary for compliance; (3) 
the energy and non-air quality environmental impacts of compliance; and 
(4) the remaining useful life of any potentially affected sources. 
States must determine whether additional control measures beyond BART 
and other ``on the books'' controls are reasonable based on a 
consideration of the four reasonable progress factors. States must 
demonstrate in their SIPs how these factors are considered when 
selecting the RPGs for each applicable Class I area. We commonly refer 
to this as the ``reasonable progress analysis'' or ``four factor 
analysis.''
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    \1\ Guidance for Setting Reasonable Progress Goals under the 
Regional Haze Program, June 1, 2007, memorandum from William L. 
Wehrum, Acting Assistant Administrator for Air and Radiation, to EPA 
Regional Administrators, EPA Regions 1-10 (pp. 4-2, 5-1).
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    Additional information about the Regional Haze program can be found 
in the background sections of our previous proposed rulemakings on 
Arkansas regional haze.\2\
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    \2\ See 76 FR 64186 and 80 FR 18944.
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B. Our Previous Actions on Arkansas Regional Haze

    Arkansas submitted a SIP on September 9, 2008, to address the first 
regional haze implementation period. On August 3, 2010, Arkansas 
submitted a SIP revision with non-substantive revisions to the APCEC 
Regulation 19, Chapter 15; this Chapter identified the BART-eligible 
and subject-to-BART sources in Arkansas and established the BART 
emission limits for subject-to-BART sources. On September 27, 2011, the 
State submitted supplemental information to address the regional haze 
requirements. We are hereafter referring to these regional haze 
submittals collectively as the ``2008 Arkansas Regional Haze SIP.'' On 
March 12, 2012, we partially approved and partially disapproved the 
2008 Arkansas Regional Haze SIP.\3\ On September 27, 2016, we published 
a FIP addressing the deficiencies identified in the disapproved 
portions of the 2008 Arkansas Regional Haze SIP (the Arkansas Regional 
Haze FIP).\4\ Among other things, the FIP established NOX 
emission limits under the BART requirements for Bailey Unit 1; 
McClellan Unit 1; Flint Creek Boiler No. 1; Lake Catherine Unit 4; and 
White Bluff Units 1 and 2 and the Auxiliary Boiler. The FIP also 
established NOX emission limits under the reasonable 
progress requirements for Independence Units 1 and 2.
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    \3\ 77 FR 14604.
    \4\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016) 
(correction).
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    In response to petitions submitted by the State of Arkansas and 
industry parties seeking reconsideration and an administrative stay of 
the final Arkansas Regional Haze FIP,\5\ in a letter dated April 14, 
2017, we announced the convening of a proceeding to reconsider several 
elements of the FIP, including the appropriate compliance dates for the 
NOX emission limits for Flint Creek Unit 1, White Bluff 
Units 1 and 2, and Independence Units 1 and 2.\6\ EPA also published a 
notice in the Federal Register on April 25, 2017, administratively 
staying the effectiveness of the 18-month NOX compliance 
dates in the FIP for these units for a period of 90 days.\7\ On July 
13, 2017, the EPA published a proposed rule that would extend the 
NOX compliance dates for Flint Creek Unit 1, White Bluff 
Units 1 and 2, and Independence Units 1 and 2, by 21 months to January 
27, 2020.\8\
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    \5\ See the docket associated with this proposed rulemaking for 
a copy of the petitions for reconsideration and administrative stay 
submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy 
Mississippi Inc., and Entergy Power LLC (collectively ``Entergy''); 
AECC; and the Energy and Environmental Alliance of Arkansas (EEAA).
    \6\ See letter dated April 14, 2017, regarding ``Convening a 
Proceeding for Reconsideration of Final Rule, `Promulgation of Air 
Quality Implementation Plans; State of Arkansas; Regional Haze and 
Interstate Visibility Transport Federal Implementation Plan,' 
published September 7, 2016. 81 FR 66332.'' A copy of this letter is 
included in the docket, Docket No. EPA-R06-OAR-2015-0189.
    \7\ 82 FR 18994.
    \8\ 82 FR 32284.
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C. CSAPR as an Alternative to Source-Specific NOX BART

    In 2005, the EPA published the Clean Air Interstate Rule (CAIR), 
which required 27 states and the District of Columbia to reduce 
emissions of SO2 and NOX that significantly 
contribute to or interfere with maintenance of the 1997 national 
ambient air quality standards (NAAQS) for fine particulates and/or 8-
hour ozone in any downwind state.\9\ EPA demonstrated that CAIR would 
achieve greater reasonable progress toward the national visibility goal 
than would BART; therefore, states could rely on CAIR as an alternative 
to EGU BART for SO2 and NOX.\10\ Although 
Arkansas was subject to certain of the NOX requirements of 
CAIR, including the state-wide ozone season NOX budget but 
not the annual NOX budget, and although this would have been 
sufficient for Arkansas to rely on CAIR to satisfy NOX BART, 
it elected not to rely on CAIR in its 2008 Regional Haze SIP to satisfy 
the NOX BART requirement for its EGUs.
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    \9\ 70 FR 25161 (May 12, 2005).
    \10\ 70 FR 39104, 39139 (July 6, 2005).
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    On July 11, 2008, the D.C. Circuit found CAIR was fatally flawed 
and on December 23, 2008, the Court remanded CAIR to EPA without 
vacatur to ``preserve the environmental benefits

[[Page 42629]]

provided by CAIR''.\11\ In 2011, acting on the D.C. Circuit's remand, 
we promulgated the Cross-State Air Pollution Rule (CSAPR) to replace 
CAIR and issued FIPs to implement the rule in CSAPR-subject states.\12\ 
Arkansas EGUs are covered under CSAPR for ozone season 
NOX.\13\
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    \11\ North Carolina v. EPA, 531 F.3d 896, 901 (D.C. Cir. 2008), 
modified, 550 F.3d 1176, 1178 (D.C. Cir. 2008).
    \12\ 76 FR 48207 (August 8, 2011).
    \13\ 76 FR 82219 (December 30, 2011).
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    In 2012, we issued a limited disapproval of several states' 
regional haze SIPs because of reliance on CAIR as an alternative to EGU 
BART for SO2 and/or NOX.\14\ We also determined 
that CSAPR would provide for greater reasonable progress than BART and 
amended the Regional Haze Rule to allow for CSAPR participation as an 
alternative to source-specific SO2 and/or NOX 
BART for EGUs, on a pollutant-specific basis.\15\ As Arkansas did not 
rely on CAIR to satisfy the NOX BART requirements in the 
2008 Regional Haze SIP, Arkansas was not included in the EPA's limited 
disapproval of regional haze SIPs that relied on CAIR to satisfy 
certain regional haze requirements.\16\ As noted above, in the 2012 
rulemaking in which we promulgated those limited disapprovals, the EPA 
also promulgated FIPs to replace reliance on CAIR with reliance on 
CSAPR in many of those regional haze SIPs; however, Arkansas was 
likewise not included in that FIP action.
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    \14\ The limited disapproval triggered the EPA's obligation to 
issue a FIP or approve a SIP revision to correct the relevant 
deficiencies within 2 years of the final limited disapproval action. 
CAA section 110(c)(1); 77 FR 33642, at 33654 (June 7, 2012).
    \15\ See 40 CFR 51.308(e)(4).
    \16\ See 77 FR 33642, at 33654.
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    CSAPR has been subject to extensive litigation, and on July 28, 
2015, the D.C. Circuit issued a decision generally upholding CSAPR but 
remanding without vacating the CSAPR emissions budgets for a number of 
states.\17\ We are in the process of responding to the remand of these 
CSAPR budgets. On October 26, 2016, we finalized an update to the CSAPR 
rule that addresses the 1997 ozone NAAQS portion of the remand and also 
addresses the CAA requirements regarding interstate transport for the 
2008 ozone NAAQS.\18\ Additionally, three states, Alabama, Georgia, and 
South Carolina, have adopted or committed to adopt SIPs to replace the 
remanded FIPs and will continue the states' participation in the CSAPR 
program with the same budgets. On November 10, 2016, we proposed a rule 
intended to address the remainder of the Court's remand.\19\ This 
separate proposed rule includes a sensitivity analysis showing that the 
set of actions EPA has taken or expects to take in response to the D.C. 
Circuit's decision would not adversely impact the analytic 
demonstration for our 2012 determination that CSAPR participation meets 
the criteria to qualify as an alternative to BART. Based on that 
assessment, the EPA proposed that states may continue to rely on CSAPR 
as being better than BART on a pollutant-specific basis. As of the date 
of this proposed action, EPA has not yet finalized that proposed 
rulemaking. EPA can approve regional haze SIP submissions that rely on 
participation in CSAPR as an alternative to BART only after finalizing 
the November 2016 proposed rule or otherwise determining that 
participation in CSAPR remains a viable BART alternative.
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    \17\ Arkansas' ozone season NOX budget was not 
included in the remand. EME Homer City Generation v. EPA, 795 F.3d 
118, 138 (D.C. Cir. 2015).
    \18\ 81 FR74504 (October 26, 2016).
    \19\ 81 FR 78954 (November 10, 2016).
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II. Our Evaluation of Arkansas' Proposed Regional Haze SIP Revision

    On July 12, 2017, Arkansas submitted a proposed SIP revision with a 
request for parallel processing, addressing the NOX 
requirements for Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler 
No. 1, Lake Catherine Unit 4, White Bluff Units 1 and 2 and the 
Auxiliary Boiler, and Independence Units 1 and 2 (July 2017 Arkansas 
Regional Haze SIP). This proposed SIP revision is the subject of this 
proposed action, in conjunction with our proposed withdrawal of the 
emission limits for NOX that we promulgated in our September 
27, 2016 FIP for the same EGUs addressed in the proposed SIP revision. 
The EPA is proposing action on the SIP revision at the same time that 
ADEQ is completing the corresponding public comment and rulemaking 
process at the state level. The July 2017 SIP revision request will not 
be complete and will not meet all the SIP approvability criteria until 
the state completes the public process and submits the final, adopted 
SIP revision with a letter from the Governor or Governor's designee to 
EPA. The EPA is proposing to approve the SIP revision request after 
completion of the state public process and final submittal.
    Arkansas' July 2017 Regional Haze SIP revision proposal addresses 
certain portions of the 2008 Regional Haze SIP that were partially 
disapproved by EPA on March 12, 2012.\20\ The 2008 Regional Haze SIP 
included source-by-source NOX BART determinations for 
subject-to-BART EGUs in Arkansas. EPA's March 12, 2012 final action on 
the 2008 Regional Haze SIP included disapproval of the State's source-
by-source NOX BART determinations for these EGUs. These EGUs 
are Bailey Unit 1; McClellan Unit 1; Flint Creek Boiler No. 1; Lake 
Catherine Unit 4; White Bluff Units 1 and 2 and its auxiliary boiler. 
EPA's March 12, 2012 final action on the 2008 Regional Haze SIP also 
included a determination that the State did not satisfy the statutory 
and associated regulatory requirements for the reasonable progress 
analysis. We promulgated a FIP on September 27, 2016, that established 
source specific NOX BART emission limits for these seven 
EGUs and NOX emission limits under reasonable progress for 
Independence Units 1 and 2 to address the disapproved portions of the 
2008 Regional Haze SIP submittal.
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    \20\ 77 FR 14604.
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    Arkansas' July 2017 Regional Haze SIP revision addresses the 
NOX BART requirements for Arkansas' EGUs by relying on CSAPR 
as an alternative to BART. The July 2017 Regional Haze SIP revision 
proposal also makes the determination that no additional NOX 
emission controls for Arkansas sources, beyond participation in CSAPR's 
ozone season NOX trading program, are required for achieving 
reasonable progress in Arkansas. As noted above, the July 2017 Regional 
Haze SIP revision addresses NOX requirements for the same 
EGUs for which we established source-specific NOX emission 
limits in our September 27, 2016 FIP.

A. Reliance on CSAPR To Satisfy NOX BART

    Arkansas' 2017 Regional Haze SIP revision proposal relies on EPA's 
determination that CSAPR provides for greater reasonable progress than 
BART to address the NOX BART requirements for its EGUs. 
Consistent with 40 CFR 51.308(e)(4), Arkansas makes the determination 
that since the Arkansas EGUs are currently subject to the CSAPR 
requirements for ozone-season NOX, the State need not 
require subject-to-BART EGUs to install, operate, and maintain BART for 
NOX. We are proposing to find that it is appropriate for 
Arkansas to rely on participation in the CSAPR ozone season 
NOX trading program to satisfy the NOX BART 
requirements for Arkansas EGUs. EPA's 2012 determination and our 
November 2016 proposed determination that implementation of CSAPR meets 
the criteria for a BART alternative are based on an analytic 
demonstration that implementation of CSAPR across all states subject to 
CSAPR would result in

[[Page 42630]]

greater reasonable progress than BART toward restoring natural 
visibility conditions in relevant locations.\21\ Our proposed approval 
of Arkansas' 2017 Regional Haze SIP revision is dependent upon our 
November 10, 2016 proposed determination,\22\ which is based in part on 
the analysis we conducted for our 2012 determination that CSAPR is 
better than BART,\23\ but with updates to reflect the changes to CSAPR 
to address the Court's remand.
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    \21\ 77 FR 33642.
    \22\ 81 FR 78954.
    \23\ 77 FR 33642.
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    We are proposing to find that the NOX BART requirements 
for EGUs in Arkansas will be satisfied by participation in CSAPR's 
ozone season NOX program. Finalization of today's proposed 
SIP approval is dependent upon finalization of the November 10, 2016 
proposed finding that CSAPR continues to be better than BART or EPA 
otherwise determining that participation in CSAPR remains a viable 
alternative to source-specific BART.\24\
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    \24\ 81 FR 78954.
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B. Reasonable Progress Analysis for NOX

    In determining whether additional controls are necessary under the 
reasonable progress requirements and in establishing RPGs, a state must 
consider four statutory factors in section 169A(g)(1) of the CAA: (1) 
The costs of compliance, (2) the time necessary for compliance, (3) the 
energy and nonair quality environmental impacts of compliance, and (4) 
the remaining useful life of any existing source subject to such 
requirements.
    Arkansas' 2017 Regional Haze SIP revision includes a discussion of 
the key pollutants and source categories that contribute to visibility 
impairment in Arkansas Class I areas. In this SIP revision, Arkansas 
refers back to the 2008 Arkansas Regional Haze SIP, which included air 
quality modeling performed by the Central Regional Air Planning 
Association (CENRAP) in support of SIP development in the central 
states region.\25\ The CENRAP modeling included PSAT with CAMx version 
4.4, which was used to provide source apportionment by geographic 
regions and major source categories for pollutants that contribute to 
visibility impairment at each of the Class I areas in the central 
states region. Arkansas' 2017 Regional Haze SIP revision provides a 
discussion of region-wide PSAT results and also provides a discussion 
of Arkansas PSAT data. The conclusion that Arkansas' 2017 Regional Haze 
SIP revision draws from this re-presentation of the CENRAP modeling 
results is that sulfate (SO4) from point sources is the 
primary contributor to total light extinction at Arkansas Class I areas 
on the 20% worst days, whether looking at all regional sources or only 
Arkansas sources. In contrast, nitrate (NO3) is responsible 
for a much smaller proportion of total light extinction at Arkansas 
Class I areas. With regard to light extinction due to NO3, 
the PSAT results show that when looking at only Arkansas sources, the 
majority of the light extinction due to NO3 is clearly 
attributed to on-road mobile sources whereas looking at all region-wide 
sources the light extinction due to NO3 is nearly equally 
attributed to on-road mobile and point sources on the 20% worst days in 
2002. In particular, NO3 from Arkansas point sources 
contribute 0.36 inverse megameters (Mm-1) out of a total 
light extinction of approximately 115.87 Mm-1 at Caney Creek 
on the 20% worst days in 2002. NO3 from Arkansas point 
sources also contribute 0.18 Mm-1 out of a total light 
extinction of approximately 115 Mm-1 at Upper Buffalo on the 
20% worst days in 2002. In terms of percent contribution, 
NO3 from Arkansas point sources contribute approximately 
0.31% of the total light extinction at Caney Creek and 0.16% of the 
total light extinction at Upper Buffalo on the 20% worst days in 2002. 
NO3 from Arkansas area sources had an even smaller 
contribution to light extinction on the 20% worst days in 2002, 
contributing approximately 0.18 Mm-1 out of a total light 
extinction of approximately 115.87 Mm-1 at Caney Creek and 
0.11 Mm-1 out of a total light extinction of approximately 
115 Mm-1 at Upper Buffalo. In terms of percent contribution, 
NO3 from Arkansas area sources contribute approximately 
0.16% of the total light extinction at Caney Creek and 0.1% of the 
total light extinction at Upper Buffalo on the 20% worst days in 2002. 
Based on its evaluation of the CENRAP modeling results, Arkansas 
concludes that given the small amount of visibility impairment due to 
NO3 from Arkansas point sources, it does not expect that 
additional NOX controls on Arkansas point sources would 
yield meaningful visibility improvements at Arkansas Class I areas. 
Taking this into consideration and given that Arkansas EGUs are 
required to participate in the CSAPR ozone season NOX 
trading program, the state determines it is appropriate to screen out 
point sources in Arkansas from further evaluation of NOX 
controls under reasonable progress.
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    \25\ The central states region includes Texas, Oklahoma, 
Louisiana, Arkansas, Kansas, Missouri, Nebraska, Iowa, Minnesota, 
and the tribal governments within these states.
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1. Regional Particulate Source Apportionment Tool (PSAT) Data for Caney 
Creek and Upper Buffalo
    Arkansas' 2017 Regional Haze SIP revision explains that the region-
wide PSAT results show that on the 20% worst days in 2002, point 
sources are the primary contributor to total light extinction at 
Arkansas' Class I areas. Arkansas explains that point sources are 
responsible for approximately 60% of the total light extinction at each 
Arkansas Class I area on the 20% worst days in 2002.\26\ Area sources 
are the next largest contributor to total light extinction at Arkansas 
Class I areas, contributing approximately 13% and 16% of light 
extinction at Caney Creek and Upper Buffalo, respectively.\27\ The 
remaining source categories each contribute between 2% and 6% of total 
light extinction at Arkansas' Class I areas.
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    \26\ Point sources (considering sources both in and outside 
Arkansas) are responsible for approximately 81.04 Mm-1 
out of a total light extinction of 115.87 Mm-1 at Caney 
Creek and 77.8 Mm-1 out of a total light extinction of 
115 Mm-1 at Upper Buffalo on the 20% worst days in 2002. 
See Table 1 of the 2017 Arkansas Regional Haze SIP revision, page 
10.
    \27\ Area sources (considering sources both in and outside 
Arkansas) are responsible for approximately 17.81 Mm-1 
out of a total light extinction of 115.87 Mm-1 at Caney 
Creek and 20.46 Mm-1 out of a total light extinction of 
115 Mm-1 at Upper Buffalo on the 20% worst days in 2002. 
See Table 1 of the 2017 Arkansas Regional Haze SIP revision, page 
10.
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    Looking at the modeled relative contribution to light extinction 
from each species on the 20% worst days in 2002, the PSAT results show 
that SO4 contributes approximately 87.05 Mm-\1\ 
to the total light extinction at Caney Creek and 83.18 
Mm-\1\ to the total light extinction at Upper Buffalo, or 
approximately 72% and 69% of the total modeled light extinction at each 
Class I area, respectively. SO4 due to point sources 
(including point sources both in and outside Arkansas) contributes 75.1 
Mm-\1\ to the total light extinction at Caney Creek and 
72.17 Mm-\1\ at Upper Buffalo, or approximately 62% and 60% 
of the total light extinction at each Class I area on the 20% worst 
days in 2002, respectively. SO4 due to point sources is 
responsible for approximately 86% and 87% of the light extinction due 
to SO4 at Caney Creek and Upper Buffalo, respectively. The 
other source categories (i.e., natural, on-road, non-road, and area 
sources) each contribute much smaller proportions of light extinction 
due to SO4. By comparison, NO3 contributes 
approximately 13.78 Mm-\1\ to the total light extinction at 
Caney Creek and 13.3 Mm-1 at Upper Buffalo, or approximately 
11% of the total light extinction at each Class I area, respectively. 
Primary organic aerosols

[[Page 42631]]

(POA) contribute approximately 8%, elemental carbon (EC) contributes 
approximately 4%, soil contributes approximately 1%, and crustal 
material (CM) contributes approximately 3 to 5% of the total modeled 
visibility extinction at each Arkansas Class I area on the 20% worst 
days in 2002. NO3 due to on-road sources contributes 4.7 
Mm-\1\ and NO3 due to point sources contributes 
4.06 Mm-\1\ at Caney Creek, or approximately one-third of 
the light extinction due to NO3 at the Class I area. 
NO3 due to point sources contributes 3.93 Mm-\1\ 
and NO3 due to on-road sources contributes 4.14 
Mm-\1\ at Upper Buffalo, or approximately 30% to 31% of the 
light extinction due to NO3 at the Class I area. Area 
sources are the primary driver of light extinction attributed to POA, 
soil, and CM. Non-road and area sources are the primary drivers of 
light extinction attributed to EC.
    The PSAT results also show that point sources are projected to 
remain the primary contributor to light extinction at Arkansas' Class I 
areas on the 20% worst days in 2018, contributing approximately 45.27 
Mm-\1\ at Caney Creek and 43.02 Mm-\1\ at Upper 
Buffalo, or approximately 65% of total light extinction at Caney Creek 
and 61% of total light extinction at Upper Buffalo. Area sources are 
projected to continue being the second largest contributor to light 
extinction on the 20% worst days in 2018, contributing approximately 
16.96 Mm-\1\ at Caney Creek and 19.71 Mm-\1\ at 
Upper Buffalo, or approximately 24% of total light extinction at Caney 
Creek and 28% of total light extinction at Upper Buffalo. The PSAT 
results show that natural, on-road, and non-road sources are projected 
to continue to contribute a very small portion of total light 
extinction at Arkansas' Class I areas on the 20% worst days in 2018.
    Arkansas explains that the PSAT results show that the light 
extinction attributed to SO4 is projected to decrease by 
approximately 44% at Caney Creek and 45% at Upper Buffalo on the 20% 
worst days in 2018. However, SO4 is projected to continue 
being the primary driver of total light extinction at Arkansas Class I 
areas on the 20% worst days in 2018, and point sources are projected to 
continue being the primary source of light extinction due to 
SO4. SO4 due to point sources is projected to 
contribute approximately 39.83 Mm-\1\ at Caney Creek and 
37.09 Mm-\1\ at Upper Buffalo, or approximately 53% and 49% 
of total light extinction on the 20% worst days in 2018 at each Class I 
area, respectively. The other species (i.e., NO3, POA, EC, 
soil, and CM) are also projected to have reductions in their 
contribution to total light extinction at Caney Creek and Upper Buffalo 
in 2018. These species' relative contributions to total light 
extinction in 2018 are projected to remain much smaller than that of 
SO4. For example, NO3 is projected to contribute 
approximately 7.57 Mm-\1\ at Caney Creek and 9.22 
Mm-\1\ at Upper Buffalo on the 20% worst days in 2018, or 
approximately 10 to 12% of the total light extinction at each Class I 
area.
2. Arkansas Source PSAT Data for Caney Creek and Upper Buffalo
    In its 2017 Regional Haze SIP submittal, Arkansas explains that 
species attributed to Arkansas sources in particular contribute 
approximately 10% of total light extinction on the 20% worst days in 
2002 at Arkansas Class I areas,\28\ and are projected to contribute 
approximately 13% to 14% of total light extinction on the 20% worst 
days in 2018.\29\
---------------------------------------------------------------------------

    \28\ Arkansas sources contribute approximately 13.58 
Mm-\1\ out of a total light extinction of 115.87 
Mm-\1\ at Caney Creek on the 20% worst days in 2002, and 
13.46 Mm-\1\ out of a total light extinction of 115 
Mm-\1\ at Upper Buffalo. See Tables 1 and 3 of the 2017 
Arkansas Regional Haze SIP revision, pages 10 and 16.
    \29\ Arkansas sources contribute approximately 11.24 
Mm-\1\ out of a total light extinction of 69.55 
Mm-\1\ at Caney Creek on the 20% worst days in 2018, and 
12.02 Mm-\1\ out of a total light extinction of 70.79 
Mm-\1\ at Upper Buffalo. See Tables 2 and 4 of the 2017 
Arkansas Regional Haze SIP revision, pages 13 and 19.
---------------------------------------------------------------------------

    When considering only Arkansas sources, area sources are 
responsible for a greater portion of the visibility extinction than 
point sources on the 20% worst days in 2002 at Arkansas Class I areas. 
For example, Arkansas area sources contribute 5.03 Mm-\1\, 
or approximately 37% of the light extinction attributed to Arkansas 
sources at Caney Creek, and approximately 4% of total light extinction 
at the Class I area on the 20% worst days in 2002. Arkansas area 
sources also contribute 6.72 Mm-\1\, or approximately 50% of 
light extinction attributed to Arkansas sources at Upper Buffalo, and 
approximately 6% of the total light extinction at the Class I area on 
the 20% worst days in 2002. By comparison, Arkansas point sources 
contribute 3.85 Mm-\1\, or approximately 28% of the light 
extinction attributed to Arkansas sources at Caney Creek, and 
approximately 3% of the total light extinction at the Class I area on 
the 20% worst days in 2002. Arkansas point sources also contribute 3.25 
Mm-\1\, or approximately 24% of light extinction attributed 
to Arkansas sources at Upper Buffalo, and approximately 3% of the total 
light extinction at the Class I area on the 20% worst days in 2002. The 
other source categories in Arkansas each contribute between 7% and 14% 
to light extinction attributed to Arkansas sources at Caney Creek and 
Upper Buffalo.
    Looking at each species and their modeled relative contributions to 
light extinction at Arkansas Class I areas, SO4 from all 
Arkansas sources contributes 4.14 Mm-\1\ at Caney Creek and 
3.97 Mm-\1\ at Upper Buffalo, or approximately 3% of the 
total modeled light extinction at each Class I area on the 20% worst 
days in 2002. SO4 due to Arkansas point sources contributes 
2.94 Mm-\1\ at Caney Creek and 2.62 Mm-\1\ at 
Upper Buffalo, or approximately two-thirds of the light extinction 
attributed to SO4 from all Arkansas sources at each Class I 
area. POA from Arkansas sources contributes approximately 3% and 2% of 
the total light extinction on the 20% worst days in 2002 at Caney Creek 
and Upper Buffalo, respectively. NO3 from all Arkansas 
sources contributes 2.11 Mm-\1\ at Caney Creek and 1.07 
Mm-\1\ at Upper Buffalo, or approximately 2% and 1% of the 
total light extinction on the 20% worst days in 2002 at each Class I 
area, respectively. NO3 due to Arkansas on-road sources 
contributes 1.09 Mm-\1\ at Caney Creek and 0.54 
Mm-\1\ at Upper Buffalo, or approximately 50% of the light 
extinction attributed to NO3 from Arkansas sources at 
Arkansas Class I areas on the 20% worst days in 2002. NO3 
due to Arkansas point sources contributes 0.36 Mm-\1\ at 
Caney Creek and 0.18 Mm-\1\ at Upper Buffalo, or 
approximately 17% of the light extinction attributed to NO3 
from all Arkansas sources at each Class I area. EC from Arkansas 
sources contributes approximately 1% and soil from Arkansas sources 
contributes approximately 0.2% to the total light extinction at Caney 
Creek and Upper Buffalo on the 20% worst days in 2002. CM from Arkansas 
sources, primarily area sources, contribute approximately 1 and 2% of 
total light extinction at Caney Creek and Upper Buffalo, respectively.
    The PSAT results show that area sources are projected to continue 
having a larger impact on visibility extinction than point sources at 
Caney Creek and Upper Buffalo when only considering sources located in 
Arkansas on the 20% worst days in 2018. For example, Arkansas area 
sources are projected to contribute 4.84 Mm-\1\ at Caney 
Creek, or approximately 43% of the light extinction attributed to 
Arkansas sources at Caney Creek, and

[[Page 42632]]

approximately 6% of the total light extinction at that Class I area on 
the 20% worst days in 2018. Arkansas area sources are also projected to 
contribute 6.52 Mm-\1\ at Upper Buffalo, or approximately 
54% of the light extinction attributed to Arkansas sources at Upper 
Buffalo, and approximately 8% of the total light extinction at that 
Class I area on the 20% worst days in 2018. By comparison, Arkansas 
point sources are projected to contribute 4.05 Mm-\1\ at 
Caney Creek and 3.63 Mm-\1\ at Upper Buffalo, or 
approximately 36% of the light extinction attributed to Arkansas 
sources at Caney Creek and approximately 30% of the light extinction 
attributed to Arkansas sources at Upper Buffalo. Other source 
categories in Arkansas are projected to contribute between 2% and 9% 
each to light extinction from Arkansas sources at Arkansas Class I 
areas on the 20% worst days in 2018.
    The PSAT results also show that light extinction attributed to 
Arkansas NO3 sources is projected to decrease by 62% at 
Caney Creek and 41% at Upper Buffalo on the 20% worst days in 2018, 
largely due to a decrease in light extinction attributed to 
NO3 from Arkansas on-road sources. Overall light extinction 
due to SO4 from Arkansas sources (all source categories 
combined) is projected to decrease at Arkansas Class I areas. However, 
light extinction due to SO4 from point sources located in 
Arkansas is projected to increase by 4% at Caney Creek and 5% at Upper 
Buffalo on the 20% worst days in 2018. Arkansas' 2017 Regional Haze SIP 
revision states that even so, the contribution to total light 
extinction of SO4 from Arkansas point sources remains 
relatively small--3% of total light extinction at each Arkansas Class I 
area.
3. Arkansas' Conclusions Regarding Key Pollutants and Source Category 
Contributions
    Arkansas asserts that when only sources located in Arkansas are 
considered, light extinction due to area sources (all pollutant species 
considered) is greater compared to point sources for both Caney Creek 
and Upper Buffalo on the 20% worst days both in 2002 and in 2018. Even 
though area sources contribute a larger proportion of the total light 
extinction compared to other source categories when only Arkansas 
sources are considered, Arkansas asserts that the cost-effectiveness of 
controlling many individual small area sources is difficult to 
quantify. Therefore, Arkansas did not evaluate area sources for 
controls under reasonable progress.
    Arkansas also asserts that the region-wide PSAT data indicate that 
the relative regional contribution of SO4 to light 
extinction at Arkansas Class I areas is much higher than that of other 
pollutants on the 20% worst days. However, the PSAT results for 
Arkansas sources show that the relative contribution to light 
extinction of the various species due to Arkansas sources is not as 
weighted toward SO4 compared to the region-wide contribution 
results. Nevertheless, SO4 is still the species with the 
largest contribution to light extinction at Caney Creek and Upper 
Buffalo on the 20% worst days in both the regional contribution results 
and the Arkansas source contribution results. After examination of both 
region-wide PSAT data and data for Arkansas sources, Arkansas 
identifies SO4 as the key species contributing to light 
extinction at Caney Creek and Upper Buffalo. Since the primary driver 
of SO4 formation is emissions of SO2 from point 
sources when looking at both the regional PSAT data and the data for 
Arkansas sources, Arkansas states it will evaluate in a subsequent SIP 
revision large sources of SO2 to determine whether their 
emissions and proximity to Arkansas Class I areas warrant further 
analysis using the four statutory factors.
    Arkansas also asserts that only a very small proportion of total 
light extinction is due to NO3 from Arkansas sources and 
that this proportion has historically been driven by on-road sources, 
which are regulated by national vehicle emission standards. Arkansas 
points out that the PSAT data show that NO3 from Arkansas 
point sources contributes less than 0.5% of the total light extinction 
at Caney Creek and Upper Buffalo on the 20% worst days in 2002, and 
that this contribution is expected to decrease on the 20% worst days in 
2018. Arkansas asserts that the level of visibility impairment due to 
NO3 from Arkansas point sources is miniscule, and that the 
state therefore does not anticipate that additional NOX 
controls on Arkansas point sources would yield meaningful visibility 
improvements at Arkansas Class I areas. Additionally, Arkansas points 
out that Arkansas EGUs with a nameplate capacity of 25 megawatts (MW) 
or greater participate in the CSAPR ozone season NOX 
emissions trading program. Arkansas notes that the Independence 
facility's EGUs participate in CSAPR for ozone season NOX 
and also that the EPA promulgated NOX controls for this 
facility in the Arkansas Regional Haze FIP to ensure reasonable 
progress toward improving visibility. Arkansas makes the determination 
that because of the small impact at Arkansas Class I areas due to 
NO3 from Arkansas sources, participation of Arkansas EGUs in 
CSAPR for ozone season NOX satisfies the reasonable progress 
requirements for NOX for sources in Arkansas.
    Further, Arkansas states that the 2018 CSAPR trading program ozone 
season allocations for Arkansas EGUs add up to 3,708 NOX 
tons less than the 2016 ozone season NOX emissions from 
Arkansas EGUs.\30\ Arkansas also states that it anticipates that some 
EGUs will choose to install combustion controls to comply with CSAPR 
that would achieve emissions reductions year-round, not just in the 
ozone season. Therefore, Arkansas anticipates that the total annual 
NOX reductions associated with compliance with the 2018 
CSAPR ozone season trading program would be greater than 3,708 
NOX tons.
---------------------------------------------------------------------------

    \30\ See Appendix A of Arkansas' 2017 Regional Haze SIP 
submittal, which can be found in the docket associated with this 
proposed rulemaking.
---------------------------------------------------------------------------

4. Our Evaluation of Arkansas' Analysis
    We agree with Arkansas' assertion that when only sources located in 
Arkansas are considered, light extinction due to area sources (all 
pollutant species considered) is greater compared to that of point 
sources for both Caney Creek and Upper Buffalo on the 20% worst days in 
2002. In particular, light extinction due to Arkansas areas sources 
(all pollutant species considered) was 5.03 Mm-\1\ out of 
total light extinction of 115.87 Mm-\1\ at Caney Creek and 
6.72 Mm-\1\ out of total light extinction of 115 
Mm-\1\ at Upper Buffalo. By comparison, light extinction due 
to Arkansas point sources (all pollutant species considered) was 3.85 
Mm-\1\ out of total light extinction of 115.87 
Mm-\1\ at Caney Creek and 3.25 Mm-\1\ out of 
total light extinction of 115 Mm-\1\ at Upper Buffalo. We 
also agree that the cost of controlling many individual small area 
sources may be difficult to quantify, and we are therefore proposing to 
find that it is acceptable for Arkansas to choose not to evaluate area 
sources for controls under reasonable progress in this implementation 
period. This is consistent with EPA's decision not to conduct a four 
factor analysis of area sources under reasonable progress in this 
implementation period in the Arkansas Regional Haze FIP.\31\
---------------------------------------------------------------------------

    \31\ In the FIP we explained that the CENRAP CAMx modeling with 
PSAT showed that point sources are responsible for a majority of the 
light extinction at Arkansas Class I areas on the 20% worst days in 
2002 (this is taking into account all pollutant species and sources 
both in and outside Arkansas). We reasoned that since other source 
types (i.e., natural, on-road, non-road, and area) each contributed 
a much smaller proportion of the total light extinction at each 
Class I area, it was appropriate to focus only on point sources in 
our reasonable progress analysis for this implementation period. See 
80 FR 18944 and 81 FR 66332 at 66336. See also the ``Arkansas 
Regional Haze FIP Response to Comments (RTC) Document,'' pages 71-
99.

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

[[Page 42633]]

    We agree with Arkansas that the PSAT results for Arkansas sources 
show that the relative contribution to light extinction of 
SO4 on the 20% worst days at Arkansas Class I areas is not 
as great compared to the regional contribution results. However, 
SO4 is still the species with the largest contribution to 
light extinction at Caney Creek and Upper Buffalo on the 20% worst days 
in both the regional data and the Arkansas source data. Therefore, we 
agree with Arkansas' identification of SO4 as the key 
species contributing to light extinction at Caney Creek and Upper 
Buffalo on the 20% worst days. This is consistent with our finding in 
the Arkansas Regional Haze FIP that the CENRAP's CAMx modeling shows 
that SO4 from point sources is the driver of regional haze 
at Caney Creek and Upper Buffalo on the 20% worst days in both 2002 and 
2018.\32\
---------------------------------------------------------------------------

    \32\ 80 FR 18996.
---------------------------------------------------------------------------

    With regard to NOX, we also accept Arkansas' assertion 
that a very small proportion of total light extinction is due to 
NO3 from Arkansas sources and that this is driven by on-road 
sources. Because on-road sources are primarily regulated by national 
vehicle emission standards. we are proposing to find that it is 
reasonable for Arkansas to choose not to evaluate on-road sources for 
additional NOX control measures to address visibility 
impairment in this implementation period. This is consistent with EPA's 
decision not to conduct a four factor analysis of on-road mobile 
sources under reasonable progress in this implementation period in the 
Arkansas Regional Haze FIP.\33\
---------------------------------------------------------------------------

    \33\ See 80 FR 18944 and 81 FR 66332 at 66336. See also the 
``Arkansas Regional Haze FIP RTC Document,'' pages 71-99.
---------------------------------------------------------------------------

    Arkansas points out that the PSAT data show that NO3 
from Arkansas point sources contributes less than 0.5% of the total 
light extinction at Caney Creek and Upper Buffalo on the 20% worst days 
in 2002, and that this contribution is expected to decrease on the 20% 
worst days in 2018. NO3 from Arkansas point sources 
contributes 0.36 Mm-\1\ out of a total light extinction of 
115.87 Mm-\1\ at Caney Creek and 0.18 Mm-\1\ out 
of a total light extinction of 115 Mm-\1\ at Upper Buffalo 
on the 20% worst days in 2002. Arkansas considers this level of 
visibility impairment due to NO3 from Arkansas point sources 
to be miniscule. Although the 2017 Regional Haze SIP revision does not 
provide a discussion of data from the existing visibility monitoring 
network, the Interagency Monitoring of Protected Visual Environments 
(IMPROVE) monitoring network, we looked at recent IMPROVE monitor data 
to determine the level of contribution from NO3 to the 
monitored light extinction at Caney Creek and Upper Buffalo. The 
monitor data show that for the 20% most impaired days in 2013-2015, the 
average contribution of NO3 to total extinction (including 
Rayleigh) was approximately 9.43 Mm-\1\ out of a total 
average light extinction of 69.13 Mm-\1\ at Caney Creek and 
15.25 Mm-\1\ out of a total average light extinction of 
66.37 Mm-\1\ at Upper Buffalo. In terms of percent 
contribution, the average contribution of NO3 to total light 
extinction was approximately 14% at Caney Creek and 23% at Upper 
Buffalo.\34\ This consists of NO3 from all source categories 
(i.e., point, area, on-road, non-road, and natural) and from all 
sources, rather than just Arkansas sources. By comparison, the monitor 
data show that the average contribution of SO4 to total 
extinction was approximately 34.21 Mm-\1\ out of a total 
average light extinction of 69.13 Mm-\1\ at Caney Creek and 
28.19 Mm-\1\ out of a total average light extinction of 
66.37 Mm-\1\ at Upper Buffalo. In terms of percent 
contribution, the average contribution of SO4 to total light 
extinction was approximately 50% at Caney Creek and 43% at Upper 
Buffalo on the 20% most impaired days in 2013-2015. Based on the CENRAP 
PSAT data discussed above, we expect that a large proportion of 
NO3 from Arkansas sources is likely due to on-road sources 
and that the average percentage contribution of NO3 from 
Arkansas point sources at Arkansas Class I areas is considerably 
smaller than 14% at Caney Creek and 23% at Upper Buffalo. Taking into 
consideration that states have significant discretion in determining 
what sources to analyze for controls under reasonable progress, we are 
proposing to find that it is reasonable for Arkansas to reach the 
conclusion that, for the first implementation period, additional 
NOX controls for Arkansas point sources are not anticipated 
to yield meaningful visibility improvements at Arkansas Class I areas 
in view of the amount of visibility impairment attributed to these 
sources.
---------------------------------------------------------------------------

    \34\ See Excel spreadsheet titled 
``Nitrate_percentage_extinction_CACR_UPBU.xlsx.'' This spreadsheet 
is found in the docket associated with this proposed rulemaking.
---------------------------------------------------------------------------

    Arkansas' conclusions with regard to the percentage contribution to 
light extinction from NO3 on the 20% worst days is generally 
consistent with the findings we made in the Arkansas Regional Haze 
FIP.\35\ In the FIP, we made the finding that NO3 from point 
sources is not considered a driver of regional haze at Caney Creek and 
Upper Buffalo on the 20% worst days, contributing only approximately 3% 
of the total light extinction, as projected by CENRAP's CAMx source 
apportionment modeling.\36\ We also stated in the FIP proposal that 
because of the small contribution of NO3 from point sources 
to the total light extinction at Caney Creek and Upper Buffalo on the 
most impaired days, we did not expect that NOX controls 
under the reasonable progress requirements would offer as much 
improvement on the most impaired days compared to SO2 
controls.\37\ However, in the FIP, we decided to look at 2011 National 
Emissions Inventory (NEI) data for NOX for Arkansas point 
sources to determine if there are any large point sources that are 
reasonable candidates for evaluation under the four reasonable progress 
factors. Based on this assessment, we proceeded with an analysis of the 
four reasonable progress factors for NOX controls for the 
Independence facility as we reasoned that it is the second largest 
point source of NOX emissions in the state and potentially 
one of the largest single contributors to visibility impairment at 
Class I areas in Arkansas.\38\ We also conducted CALPUFF modeling to 
determine the maximum 98th percentile visibility impacts from the 
Independence facility and the predicted visibility improvement due to 
NOX controls at the facility. That analysis revealed that 
low NOX burner controls would be very cost-effective and 
would result in an improvement of the 98th percentile visibility 
impacts from the Independence facility at Caney Creek and Upper 
Buffalo, and we finalized NOX controls for the Independence 
facility under the reasonable progress requirements.\39\
---------------------------------------------------------------------------

    \35\ 81 FR 66332; see also 81 FR 68319 (October 4, 2016) 
(correction).
    \36\ 80 FR 18996.
    \37\ 80 FR 18996.
    \38\ 80 FR 18995.
    \39\ 81 FR 66332.
---------------------------------------------------------------------------

    In the July 2017 Regional Haze SIP revision, Arkansas takes a 
different, but nonetheless equally reasonable, approach to determine 
whether additional controls are necessary under reasonable progress. In 
its evaluation, Arkansas places greater emphasis on the

[[Page 42634]]

relative contributions of sources within Arkansas to light extinction 
at Caney Creek and Upper Buffalo rather than the relative contributions 
of all sources both in and outside Arkansas. Arkansas also focuses its 
assessment on the CENRAP's CAMx source apportionment modeling rather 
than conducting or relying on CALPUFF modeling, and reaches the 
conclusion that, for the first implementation period, additional 
NOX controls for Arkansas point sources are not anticipated 
to yield meaningful visibility improvements at Arkansas Class I areas 
on the 20% worst days in view of the amount of visibility impairment 
attributed to these sources. Additionally, Arkansas points out that the 
Independence facility and other EGUs in Arkansas with a nameplate 
capacity of 25 MW or greater are participating in CSAPR for ozone 
season NOX.\40\ Thus, NOX emissions from 
Independence and other Arkansas sources will be addressed under 
reasonable progress through EGU participation in the CSAPR ozone season 
NOX trading program. We believe that Arkansas is within its 
discretion to take the approach of focusing on the CENRAP's CAMx source 
apportionment modeling to help inform its decision regarding whether 
NOX controls under reasonable progress are warranted. Given 
the relatively small level of visibility impairment due to 
NOX3 from Arkansas point sources at Caney Creek and Upper 
Buffalo on the 20% worst days and considering that Arkansas EGUs are 
participating in CSAPR for ozone season NOX, we are 
proposing to find that Arkansas' decision to screen out Arkansas point 
sources from further evaluation of additional NOX controls 
is reasonable and we are proposing to approve Arkansas' determination 
that Arkansas EGU participation in CSAPR for ozone season 
NOX is sufficient to satisfy the reasonable progress 
requirements for NOX in Arkansas for the first 
implementation period. We find that Arkansas has addressed our concerns 
presented in our final partial disapproval \41\ of the 2008 Regional 
Haze SIP revision with respect to reasonable progress for 
NOX by providing additional analysis that shows that 
NOX emissions are not the driver of regional haze on the 20% 
worst days in Arkansas Class I areas and that further analysis of 
additional NOX controls for Arkansas sources under 
reasonable progress is therefore not warranted for the first 
implementation period considering that NOX emissions from 
Arkansas EGUs are addressed through participation in the CSAPR ozone 
season NOX trading program.
---------------------------------------------------------------------------

    \40\ 81 FR 74504.
    \41\ 77 FR 14604.
---------------------------------------------------------------------------

C. Required Consultation

    The Regional Haze Rule requires states to provide the designated 
Federal Land Managers (FLMs) with an opportunity for consultation at 
least 60 days prior to holding any public hearing on a SIP revision for 
regional haze for the first implementation period.\42\ Arkansas sent 
letters to the FLMs on June 14, 2017, providing notification of the 
proposed SIP revision and providing electronic access to the draft SIP 
revision and related documents.\43\ The Regional Haze Rule at section 
51.308(d)(3)(i) also provides that if a state has emissions that are 
reasonably anticipated to contribute to visibility impairment in a 
Class I area located in another state, the state must consult with the 
other state(s) in order to develop coordinated emission management 
strategies. Since Missouri has two Class I areas impacted by Arkansas 
sources, Arkansas sent a letter to the Missouri Department of Natural 
Resources (MDNR) on June 14, 2017, providing notification of the 
proposed SIP revision and providing electronic access to the draft SIP 
revision and related documents.\44\ Arkansas stated it will consider 
and respond to any comments received from the FLMs and from the MDNR on 
the proposed SIP revision before finalizing and submitting the final 
SIP revision to EPA.
---------------------------------------------------------------------------

    \42\ On January 10, 2017, the EPA revised the Regional Haze 
Rule, including the FLM consultation requirements at 40 CFR 
51.308(i)(2). See 82 FR 3078. However, these revisions to the 
Regional Haze Rule are intended to address requirements for the 
second implementation period rather than the first implementation 
period; Arkansas' 2017 Regional Haze SIP revision addresses regional 
haze requirements for the first implementation period. For the first 
implementation period, the Regional Haze Rule required states to 
provide the FLMs with an opportunity for consultation, in person and 
at least 60 days prior to holding any public hearing on an 
implementation plan (or plan revision) for regional haze. See 64 FR 
35714, at 35769.
    \43\ See Tab D of the 2017 Arkansas Regional Haze SIP revision, 
which can be found in the docket associated with this rulemaking.
    \44\ See Tab D of the 2017 Arkansas Regional Haze SIP revision, 
which can be found in the docket associated with this rulemaking.
---------------------------------------------------------------------------

    We are proposing to find that Arkansas has provided an opportunity 
for consultation to the FLMs and to the MDNR on the proposed SIP 
revision, as required under section 51.308(i)(2) and 51.308(d)(3)(i). 
Our final determination with respect to Arkansas' satisfaction of the 
consultation requirements under the Regional Haze Rule will be 
contingent upon Arkansas' appropriate consideration and responses to 
comments from the FLMs and the MDNR in the final SIP submission.

III. Proposed Action

A. Arkansas' Proposed Regional Haze SIP Revision

    The EPA has made the preliminary determination that the July 12, 
2017 proposed revisions to the Arkansas Regional Haze SIP and the 
request by the State for parallel processing are in accordance with the 
CAA and consistent with the CAA and the EPA's rule on regional haze. 
Therefore, the EPA proposes to approve the following revisions to the 
Arkansas Regional Haze SIP that were proposed for adoption on July 8, 
2017 and submitted for parallel processing on July 12, 2017: the 
NOX BART requirements for Bailey Unit 1; McClellan Unit 1; 
Flint Creek Boiler No. 1; Lake Catherine Unit 4; and White Bluff Units 
1 and 2 and the Auxiliary Boiler, will be satisfied by participation in 
CSAPR. We cannot finalize today's proposed SIP approval until we 
finalize the November 10, 2016 proposed finding that CSAPR continues to 
be better than BART \45\ or otherwise determine that participation in 
CSAPR remains a viable BART alternative because such a determination 
provides the basis for Arkansas to rely on CSAPR participation as an 
alternative to source specific EGU BART for NOX. Given the 
relatively small level of visibility impairment due to NO3 
from Arkansas point sources at Caney Creek and Upper Buffalo and 
considering that Arkansas EGUs are participating in CSAPR for ozone 
season NOX, we are proposing to find that Arkansas' decision 
not to conduct further analysis of additional NOX controls 
for Arkansas sources is reasonable and we are proposing to approve 
Arkansas' determination that Arkansas EGU participation in CSAPR for 
ozone season NOX is sufficient to satisfy the reasonable 
progress requirements for NOX in Arkansas for the first 
implementation period.
---------------------------------------------------------------------------

    \45\ 81 FR 78954.
---------------------------------------------------------------------------

    The EPA is proposing this action in parallel with the state's 
rulemaking process. We cannot take a final action until the state 
completes its rulemaking process, adopts its final regulations, and 
submits these final adopted regulations as a revision to the Arkansas 
SIP. If during the response to comments process, the final SIP revision 
is changed significantly from the proposed SIP revision upon which the 
EPA proposed, the EPA may have to withdraw our initial proposed rule 
and re-propose based on the final SIP submittal.

[[Page 42635]]

B. Partial FIP Withdrawal

    We are proposing to withdraw those portions of the Arkansas 
Regional Haze FIP at 40 CFR 52.173 that impose NOX 
requirements on Bailey Unit 1; McClellan Unit 1; Flint Creek Boiler No. 
1; Lake Catherine Unit 4; White Bluff Units 1 and 2 and the Auxiliary 
Boiler; and Independence Units 1 and 2.\46\ We are proposing that these 
portions of the FIP will be replaced by the July 2017 Regional Haze SIP 
revision that we are proposing to approve in this action.
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    \46\ The proposed amendatory language for this proposed revision 
of the earlier promulgated FIP is set forth at the end of this 
proposal. If the action is finalized as proposed, the final action 
will also present additional amendatory language reflecting our 
approval of the submitted SIP revision.
---------------------------------------------------------------------------

C. Clean Air Act Section 110(l)

    Section 110(l) of the CAA states that ``[t]he Administrator shall 
not approve a revision of a plan if the revision would interfere with 
any applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of this chapter.'' \47\ 
EPA does not interpret section 110(l) to require a full attainment or 
maintenance demonstration before any changes to a SIP may be approved. 
Generally, a SIP revision may be approved under section 110(l) if EPA 
finds that it will at least preserve status quo air quality, 
particularly where the pollutants at issue are those for which an area 
has not been designated nonattainment.
---------------------------------------------------------------------------

    \47\ 42 U.S.C. 7410(l).
---------------------------------------------------------------------------

    We do not believe an approval of the 2017 Regional Haze SIP 
revision, as proposed, will interfere with CAA requirements for BART or 
reasonable progress because all areas in the state are designated as 
attainment for all NAAQS, and our proposal is supported by an 
evaluation that those CAA requirements are met. The SIP replaces 
federal determinations for source specific NOX emission 
limits for BART EGUs in Arkansas. Following promulgation of the FIP, 
EPA finalized an update to the CSAPR rule on October 26, 2016, that 
addresses the 1997 ozone NAAQS portion of the remand and the CAA 
requirements addressing interstate transport for the 2008 ozone 
NAAQS.\48\ On November 10, 2016, EPA proposed a rule intended to 
address the remainder of the court's remand, which also included an 
assessment of the impacts of the set of actions that the EPA has taken 
or expects to take in response to the D.C. Circuit's remand on our 2012 
demonstration that participation in CSAPR provides for greater 
reasonable progress than BART.\49\ Based on that assessment, the EPA 
proposed in the November 10, 2016 action that states may continue to 
rely on CSAPR as being better than BART on a pollutant-specific basis. 
As such, Arkansas now has the option to propose to rely on compliance 
with CSAPR to satisfy the NOX BART requirement for EGUs. 
Finalization of EPA's November 10, 2016, proposed finding that CSAPR 
continues to be better than BART \50\ or EPA otherwise determining that 
CSAPR remains a viable BART alternative will provide the basis for 
Arkansas to rely on CSAPR participation as an alternative to source 
specific EGU BART for NOX.
---------------------------------------------------------------------------

    \48\ 81 FR74504.
    \49\ 81 FR 78954.
    \50\ 81 FR 78954.
---------------------------------------------------------------------------

    With regard to reasonable progress, Arkansas has provided an 
analysis of anthropogenic sources of visibility impairment and arrived 
at the determination that Arkansas EGU participation in CSAPR for ozone 
season NOX is sufficient to satisfy the reasonable progress 
requirements for NOX in Arkansas for the first 
implementation period. The Independence facility, on which the FIP 
imposed NOX controls under the reasonable progress 
requirements, is subject to CSAPR for ozone season NOX. Even 
though we are withdrawing the source-specific NOX controls 
in the FIP for the Independence facility, its NOX emissions 
will still be addressed under the reasonable progress requirements 
through participation in the CSAPR ozone season NOX 
emissions trading program.
    We also believe that approval of the submitted SIP revision will 
not interfere with attainment and maintenance of the NAAQS within the 
state of Arkansas. No areas in Arkansas are currently designated 
nonattainment for any NAAQS pollutants. The SIP revision we are 
proposing to approve would allow Arkansas to rely on compliance with 
CSAPR to satisfy the NOX BART requirement for Arkansas EGUs 
as well as the reasonable progress requirements for NOX. 
Additionally, the CSAPR 2018 NOX ozone season allocations 
for Arkansas sources are more stringent than the 2017 allocations. As 
all areas are attaining the NAAQS even with current emissions levels, 
reductions in those levels as a result of compliance with the 2018 
NOX ozone season allocations will not interfere with 
attainment. Therefore, we do not deem this to be an instance where a 
full attainment or maintenance demonstration is needed to bolster our 
determination that approval of the submitted SIP revision would not 
interfere with attainment and maintenance of the NAAQS. We are not 
aware of any basis for concluding or demonstrating that Arkansas' July 
2017 Regional Haze SIP revision, when implemented, would interfere with 
the maintenance of the NAAQS in Arkansas.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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 this action does not involve technical standards; 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).

[[Page 42636]]

    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 proposed 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).

List of Subjects in 40 CFR Part 52

    Air pollution control, Best available retrofit technology, 
Environmental protection, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Regional haze, Reporting and 
recordkeeping requirements, Visibility.

    Dated: August 29, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    Title 40, chapter I, of the Code of Federal Regulations is proposed 
to be 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 52.173 is amended by:
0
a. Revising paragraphs (c)(3) through (10) and (c)(12)
0
b. Removing paragraphs (c)(13) and (14)
0
c. Redesignating paragraphs (c)(15) through (29) as paragraphs (c)(13) 
through (27) and
0
d. Revising redesignated paragraphs (c)(14), (15), (17), (18), (20), 
(21), (22), (23) and (24)
    Revisions to read as follows:


Sec.  52.173  Visibility protection.

* * * * *
    (c) * * *
    (3) Emissions limitations for AECC Bailey Unit 1 and AECC McClellan 
Unit 1. The individual SO2 and PM emission limits for each 
unit are as listed in the following table.

------------------------------------------------------------------------
                               SO2 emission limit
            Unit                                      PM emission limit
------------------------------------------------------------------------
AECC Bailey Unit 1..........  Use of fuel with a    Use of fuel with a
                               sulfur content        sulfur content
                               limit of 0.5% by      limit of 0.5% by
                               weight.               weight.
AECC McClellan Unit 1.......  Use of fuel with a    Use of fuel with a
                               sulfur content        sulfur content
                               limit of 0.5% by      limit of 0.5% by
                               weight.               weight.
------------------------------------------------------------------------

    (4) Compliance dates for AECC Bailey Unit 1 and AECC McClellan 
Unit. The owner or operator of each unit must comply with the 
SO2 and PM requirements listed in paragraph (c)(3) of this 
section by October 27, 2021. As of October 27, 2016, the owner or 
operator of each unit shall not purchase fuel for combustion at the 
unit that does not meet the sulfur content limit in paragraph (c)(3) of 
this section. The owner or operator of each unit must comply with the 
requirement in paragraph (c)(3) of this section to burn only fuel with 
a sulfur content limit of 0.5% by weight by October 27, 2021.
    (5) Compliance determination and reporting and recordkeeping 
requirements for AECC Bailey Unit 1 and AECC McClellan Unit for SO2 and 
PM. To determine compliance with the SO2 and PM requirements 
listed in paragraph (c)(3) of this section, the owner or operator shall 
sample and analyze each shipment of fuel to determine the sulfur 
content by weight, except for natural gas shipments. A ``shipment'' is 
considered delivery of the entire amount of each order of fuel 
purchased. Fuel sampling and analysis may be performed by the owner or 
operator of an affected unit, an outside laboratory, or a fuel 
supplier. All records pertaining to the sampling of each shipment of 
fuel as described above, including the results of the sulfur content 
analysis, must be maintained by the owner or operator and made 
available upon request to EPA and ADEQ representatives.
    (6) Emissions limitations for AEP Flint Creek Unit 1 and Entergy 
White Bluff Units 1 and 2. The individual SO2 emission 
limits for each unit are as listed in the following table, as specified 
in pounds per million British thermal units (lb/MMBtu). The 
SO2 emission limits of 0.06 lb/MMBtu are on a rolling 30 
boiler-operating-day averaging period.

------------------------------------------------------------------------
                                                           SO2 emission
                                                            limit  (lb/
                          Unit                                MMBtu)
 
------------------------------------------------------------------------
AEP Flint Creek Unit 1..................................            0.06
Entergy White Bluff Unit 1..............................            0.06
Entergy White Bluff Unit 2..............................            0.06
------------------------------------------------------------------------

    (7) Compliance dates for AEP Flint Creek Unit 1 and Entergy White 
Bluff Units 1 and 2. The owner or operator of AEP Flint Creek Unit 1 
must comply with the SO2 emission limit listed in paragraph 
(c)(6) of this section by April 27, 2018. The owner or operator of 
White Bluff Units 1 and 2 must comply with the SO2 emission 
limit listed in paragraph (c)(6) of this section by October 27, 2021.
    (8) Compliance determination and reporting and recordkeeping 
requirements for AEP Flint Creek Unit 1 and Entergy White Bluff Units 1 
and 2. (i) For purposes of determining compliance with the 
SO2 emission limit listed in paragraph (c)(6) of this 
section for AEP Flint Creek Unit 1 and with the SO2 emission 
limits listed in paragraph (c)(6) of this section for White Bluff Units 
1 and 2, the emissions for each boiler-operating-day for each unit 
shall be determined by summing the hourly emissions measured in pounds 
of SO2. For each unit, heat input for each boiler-operating-
day shall be determined by adding together all hourly heat inputs, in 
millions of BTU. Each boiler-operating-day of the 30-day rolling 
average for a unit shall be determined by adding together the pounds of 
SO2 from that day and the preceding 29 boiler-operating-days 
and dividing the total pounds of SO2 by the sum of the heat 
input during the same 30 boiler-operating-day period. The result shall 
be the 30 boiler-operating-day rolling average in terms of lb/MMBtu 
emissions of SO2. If a valid SO2 pounds per hour 
or heat input is not available for any hour for a unit, that heat input 
and SO2 pounds per hour shall not be used in the calculation 
of the 30 boiler-operating-day rolling average for SO2. For 
each day, records of the total SO2 emitted that day by each 
emission unit and the sum of the hourly heat inputs for that day must 
be maintained by the owner or operator and made available upon request 
to EPA and ADEQ representatives. Records of the 30 boiler-operating-day 
rolling average for SO2 for each unit as described above 
must be maintained by the owner or operator for each boiler-operating-
day and made available upon request to EPA and ADEQ representatives.
    (ii) The owner or operator shall continue to maintain and operate a 
CEMS for SO2 on the units listed in paragraph (c)(6) of this 
section in accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), and 
appendix B of part 60. The owner or operator shall comply with the 
quality assurance procedures for CEMS found in 40 CFR part 75. 
Compliance with the emission

[[Page 42637]]

limits for SO2 shall be determined by using data from a 
CEMS.
    (iii) Continuous emissions monitoring shall apply during all 
periods of operation of the units listed in paragraph (c)(6) of this 
section, including periods of startup, shutdown, and malfunction, 
except for CEMS breakdowns, repairs, calibration checks, and zero and 
span adjustments. Continuous monitoring systems for measuring 
SO2 and diluent gas shall complete a minimum of one cycle of 
operation (sampling, analyzing, and data recording) for each successive 
15-minute period. Hourly averages shall be computed using at least one 
data point in each fifteen-minute quadrant of an hour. Notwithstanding 
this requirement, an hourly average may be computed from at least two 
data points separated by a minimum of 15 minutes (where the unit 
operates for more than one quadrant in an hour) if data are unavailable 
as a result of performance of calibration, quality assurance, 
preventive maintenance activities, or backups of data from data 
acquisition and handling system, and recertification events. When valid 
SO2 pounds per hour emission data are not obtained because 
of continuous monitoring system breakdowns, repairs, calibration 
checks, or zero and span adjustments, emission data must be obtained by 
using other monitoring systems approved by the EPA to provide emission 
data for a minimum of 18 hours in each 24-hour period and at least 22 
out of 30 successive boiler operating days.
    (9) Emissions limitations for Entergy White Bluff Auxiliary Boiler. 
The individual SO2 and PM emission limits for the unit are 
as listed in the following table in pounds per hour (lb/hr).

------------------------------------------------------------------------
                                          SO2 emission
                 Unit                    limit  (lb/hr)    PM emission
                                                          limit  (lb/hr)
------------------------------------------------------------------------
Entergy White Bluff Auxiliary Boiler..           105.2              4.5
------------------------------------------------------------------------

    (10) Compliance dates for Entergy White Bluff Auxiliary Boiler. The 
owner or operator of the unit must comply with the SO2 and 
PM emission limits listed in paragraph (c)(9) of this section by 
October 27, 2016.
* * * * *
    (12) Emissions limitations for Entergy Lake Catherine Unit 4. The 
unit must not burn fuel oil until BART determinations are promulgated 
for the unit for SO2 and PM for the fuel oil firing scenario 
through a FIP and/or through EPA action upon and approval of revised 
BART determinations submitted by the State as a SIP revision.
* * * * *
    (14) Compliance dates for Domtar Ashdown Mill Power Boiler No. 1. 
The owner or operator of the boiler must comply with the SO2 
and NOX emission limits listed in paragraph (c)(13) of this 
section by November 28, 2016.
    (15) Compliance determination and reporting and recordkeeping 
requirements for Domtar Ashdown Paper Mill Power Boiler No. 1. (i)(A) 
SO2 emissions resulting from combustion of fuel oil shall be 
determined by assuming that the SO2 content of the fuel 
delivered to the fuel inlet of the combustion chamber is equal to the 
SO2 being emitted at the stack. The owner or operator must 
maintain records of the sulfur content by weight of each fuel oil 
shipment, where a ``shipment'' is considered delivery of the entire 
amount of each order of fuel purchased. Fuel sampling and analysis may 
be performed by the owner or operator, an outside laboratory, or a fuel 
supplier. All records pertaining to the sampling of each shipment of 
fuel oil, including the results of the sulfur content analysis, must be 
maintained by the owner or operator and made available upon request to 
EPA and ADEQ representatives. SO2 emissions resulting from 
combustion of bark shall be determined by using the following site-
specific curve equation, which accounts for the SO2 
scrubbing capabilities of bark combustion:

Y= 0.4005 * X - 0.2645

Where:
Y = pounds of sulfur emitted per ton of dry fuel feed to the boiler
X = pounds of sulfur input per ton of dry bark

    (B) The owner or operator must confirm the site-specific curve 
equation through stack testing. By October 27, 2017, the owner or 
operator must provide a report to EPA showing confirmation of the site 
specific-curve equation accuracy. Records of the quantity of fuel input 
to the boiler for each fuel type for each day must be compiled no later 
than 15 days after the end of the month and must be maintained by the 
owner or operator and made available upon request to EPA and ADEQ 
representatives. Each boiler-operating-day of the 30-day rolling 
average for the boiler must be determined by adding together the pounds 
of SO2 from that boiler-operating-day and the preceding 29 
boiler-operating-days and dividing the total pounds of SO2 
by the sum of the total number of boiler operating days (i.e., 30). The 
result shall be the 30 boiler-operating-day rolling average in terms of 
lb/day emissions of SO2. Records of the total SO2 
emitted for each day must be compiled no later than 15 days after the 
end of the month and must be maintained by the owner or operator and 
made available upon request to EPA and ADEQ representatives. Records of 
the 30 boiler-operating-day rolling averages for SO2 as 
described in this paragraph (c)(15)(i) must be maintained by the owner 
or operator for each boiler-operating-day and made available upon 
request to EPA and ADEQ representatives.
    (ii) If the air permit is revised such that Power Boiler No. 1 is 
permitted to burn only pipeline quality natural gas, this is sufficient 
to demonstrate that the boiler is complying with the SO2 
emission limit under paragraph (c)(13) of this section. The compliance 
determination requirements and the reporting and recordkeeping 
requirements under paragraph (c)(15)(i) of this section would not apply 
and confirmation of the accuracy of the site-specific curve equation 
under paragraph (c)(15)(i)(B) of this section through stack testing 
would not be required so long as Power Boiler No. 1 is only permitted 
to burn pipeline quality natural gas.
    (iii) To demonstrate compliance with the NOX emission 
limit under paragraph (c)(13) of this section, the owner or operator 
shall conduct stack testing using EPA Reference Method 7E once every 5 
years, beginning 1 year from the effective date of our final rule. 
Records and reports pertaining to the stack testing must be maintained 
by the owner or operator and made available upon request to EPA and 
ADEQ representatives.
    (iv) If the air permit is revised such that Power Boiler No. 1 is 
permitted to burn only pipeline quality natural gas, the owner or 
operator may demonstrate compliance with the NOX emission 
limit under paragraph (c)(13) of this section by calculating 
NOX emissions using fuel usage records and the applicable 
NOX emission factor under

[[Page 42638]]

AP-42, Compilation of Air Pollutant Emission Factors, section 1.4, 
Table 1.4-1. Records of the quantity of natural gas input to the boiler 
for each day must be compiled no later than 15 days after the end of 
the month and must be maintained by the owner or operator and made 
available upon request to EPA and ADEQ representatives. Records of the 
calculation of NOX emissions for each day must be compiled 
no later than 15 days after the end of the month and must be maintained 
by the owner or operator and made available upon request to EPA and 
ADEQ representatives. Each boiler-operating-day of the 30-day rolling 
average for the boiler must be determined by adding together the pounds 
of NOX from that day and the preceding 29 boiler-operating-
days and dividing the total pounds of NOX by the sum of the 
total number of hours during the same 30 boiler-operating-day period. 
The result shall be the 30 boiler-operating-day rolling average in 
terms of lb/hr emissions of NOX. Records of the 30 boiler-
operating-day rolling average for NOX must be maintained by 
the owner or operator for each boiler-operating-day and made available 
upon request to EPA and ADEQ representatives. Under these 
circumstances, the compliance determination requirements and the 
reporting and recordkeeping requirements under paragraph (c)(15)(iii) 
of this section would not apply.
* * * * *
    (17) SO2 and NOX Compliance dates for Domtar Ashdown Mill Power 
Boiler No. 2. The owner or operator of the boiler must comply with the 
SO2 and NOX emission limits listed in paragraph 
(c)(16) of this section by October 27, 2021.
    (18) SO2 and NOX Compliance determination and reporting and 
recordkeeping requirements for Domtar Ashdown Mill Power Boiler No. 2. 
(i) NOX and SO2 emissions for each day shall be 
determined by summing the hourly emissions measured in pounds of 
NOX or pounds of SO2. Each boiler-operating-day 
of the 30-day rolling average for the boiler shall be determined by 
adding together the pounds of NOX or SO2 from 
that day and the preceding 29 boiler-operating-days and dividing the 
total pounds of NOX or SO2 by the sum of the 
total number of hours during the same 30 boiler-operating-day period. 
The result shall be the 30 boiler-operating-day rolling average in 
terms of lb/hr emissions of NOX or SO2. If a 
valid NOX pounds per hour or SO2 pounds per hour 
is not available for any hour for the boiler, that NOX 
pounds per hour shall not be used in the calculation of the 30 boiler-
operating-day rolling average for NOX. For each day, records 
of the total SO2 and NOX emitted for that day by 
the boiler must be maintained by the owner or operator and made 
available upon request to EPA and ADEQ representatives. Records of the 
30 boiler-operating-day rolling average for SO2 and 
NOX for the boiler as described above must be maintained by 
the owner or operator for each boiler-operating-day and made available 
upon request to EPA and ADEQ representatives.
    (ii) The owner or operator shall continue to maintain and operate a 
CEMS for SO2 and NOX on the boiler listed in 
paragraph (c)(16) of this section in accordance with 40 CFR 60.8 and 
60.13(e), (f), and (h), and appendix B of part 60. The owner or 
operator shall comply with the quality assurance procedures for CEMS 
found in 40 CFR part 60. Compliance with the emission limits for 
SO2 and NOX shall be determined by using data 
from a CEMS.
    (iii) Continuous emissions monitoring shall apply during all 
periods of operation of the boiler listed in paragraph (c)(16) of this 
section, including periods of startup, shutdown, and malfunction, 
except for CEMS breakdowns, repairs, calibration checks, and zero and 
span adjustments. Continuous monitoring systems for measuring 
SO2 and NOX and diluent gas shall complete a 
minimum of one cycle of operation (sampling, analyzing, and data 
recording) for each successive 15-minute period. Hourly averages shall 
be computed using at least one data point in each fifteen-minute 
quadrant of an hour. Notwithstanding this requirement, an hourly 
average may be computed from at least two data points separated by a 
minimum of 15 minutes (where the unit operates for more than one 
quadrant in an hour) if data are unavailable as a result of performance 
of calibration, quality assurance, preventive maintenance activities, 
or backups of data from data acquisition and handling system, and 
recertification events. When valid SO2 or NOX 
pounds per hour emission data are not obtained because of continuous 
monitoring system breakdowns, repairs, calibration checks, or zero and 
span adjustments, emission data must be obtained by using other 
monitoring systems approved by the EPA to provide emission data for a 
minimum of 18 hours in each 24-hour period and at least 22 out of 30 
successive boiler operating days.
    (iv) If the air permit is revised such that Power Boiler No. 2 is 
permitted to burn only pipeline quality natural gas, this is sufficient 
to demonstrate that the boiler is complying with the SO2 
emission limit under paragraph (c)(16) of this section. Under these 
circumstances, the compliance determination requirements under 
paragraphs (c)(18)(i) through (iii) of this section would not apply to 
the SO2 emission limit listed in paragraph (c)(16) of this 
section.
    (v) If the air permit is revised such that Power Boiler No. 2 is 
permitted to burn only pipeline quality natural gas and the operation 
of the CEMS is not required under other applicable requirements, the 
owner or operator may demonstrate compliance with the NOX 
emission limit under paragraph (c)(16) of this section by calculating 
NOX emissions using fuel usage records and the applicable 
NOX emission factor under AP-42, Compilation of Air 
Pollutant Emission Factors, section 1.4, Table 1.4-1. Records of the 
quantity of natural gas input to the boiler for each day must be 
compiled no later than 15 days after the end of the month and must be 
maintained by the owner or operator and made available upon request to 
EPA and ADEQ representatives. Records of the calculation of 
NOX emissions for each day must be compiled no later than 15 
days after the end of the month and must be maintained and made 
available upon request to EPA and ADEQ representatives. Each boiler-
operating-day of the 30-day rolling average for the boiler must be 
determined by adding together the pounds of NOX from that 
day and the preceding 29 boiler-operating-days and dividing the total 
pounds of NOX by the sum of the total number of hours during 
the same 30 boiler-operating-day period. The result shall be the 30 
boiler-operating-day rolling average in terms of lb/hr emissions of 
NOX. Records of the 30 boiler-operating-day rolling average 
for NOX must be maintained by the owner or operator for each 
boiler-operating-day and made available upon request to EPA and ADEQ 
representatives. Under these circumstances, the compliance 
determination requirements under paragraphs (c)(18)(i) through (iii) of 
this section would not apply to the NOX emission limit.
* * * * *
    (20) PM compliance dates for Domtar Ashdown Mill Power Boiler No. 
2. The owner or operator of the boiler must comply with the PM BART 
requirement listed in paragraph (c)(19) of this section by November 28, 
2016.
    (21) Alternative PM Compliance Determination for Domtar Ashdown 
Paper Mill Power Boiler No. 2. If the air permit is revised such that 
Power Boiler

[[Page 42639]]

No. 2 is permitted to burn only pipeline quality natural gas, this is 
sufficient to demonstrate that the boiler is complying with the PM BART 
requirement under paragraph (c)(19) of this section.
    (22) Emissions limitations for Entergy Independence Units 1 and 2. 
The individual emission limits for each unit are as listed in the 
following table in pounds per million British thermal units (lb/MMBtu). 
The SO2 emission limits listed in the table as lb/MMBtu are 
on a rolling 30 boiler-operating-day averaging period.

------------------------------------------------------------------------
                                                           SO2 emission
                                                            limit  (lb/
                          Unit                                MMBtu)
 
------------------------------------------------------------------------
Entergy Independence Unit 1.............................            0.06
Entergy Independence Unit 2.............................            0.06
------------------------------------------------------------------------

    (23) Compliance dates for Entergy Independence Units 1 and 2. The 
owner or operator of each unit must comply with the SO2 
emission limits in paragraph (c)(22) of this section by October 27, 
2021.
    (24) Compliance determination and reporting and recordkeeping 
requirements for Entergy Independence Units 1 and 2. (i) For purposes 
of determining compliance with the SO2 emissions limit 
listed in paragraph (c)(22) of this section for each unit, the 
SO2 emissions for each boiler-operating-day shall be 
determined by summing the hourly emissions measured in pounds of 
SO2. For each unit, heat input for each boiler-operating-day 
shall be determined by adding together all hourly heat inputs, in 
millions of BTU. Each boiler-operating-day of the thirty-day rolling 
average for a unit shall be determined by adding together the pounds of 
SO2 from that day and the preceding 29 boiler-operating-days 
and dividing the total pounds of SO2 by the sum of the heat 
input during the same 30 boiler-operating-day period. The result shall 
be the 30 boiler-operating-day rolling average in terms of lb/MMBtu 
emissions of SO2. If a valid SO2 pounds per hour 
or heat input is not available for any hour for a unit, that heat input 
and SO2 pounds per hour shall not be used in the calculation 
of the applicable 30 boiler-operating-days rolling average. For each 
day, records of the total SO2 emitted that day by each 
emission unit and the sum of the hourly heat inputs for that day must 
be maintained by the owner or operator and made available upon request 
to EPA and ADEQ representatives. Records of the 30 boiler-operating-day 
rolling average for each unit as described above must be maintained by 
the owner or operator for each boiler-operating-day and made available 
upon request to EPA and ADEQ representatives.
    (ii) The owner or operator shall continue to maintain and operate a 
CEMS for SO2 on the units listed in paragraph (c)(22) in 
accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), and appendix B 
of part 60. The owner or operator shall comply with the quality 
assurance procedures for CEMS found in 40 CFR part 75. Compliance with 
the emission limits for SO2 shall be determined by using 
data from a CEMS.
    (iii) Continuous emissions monitoring shall apply during all 
periods of operation of the units listed in paragraph (c)(22) of this 
section, including periods of startup, shutdown, and malfunction, 
except for CEMS breakdowns, repairs, calibration checks, and zero and 
span adjustments. Continuous monitoring systems for measuring 
SO2 and diluent gas shall complete a minimum of one cycle of 
operation (sampling, analyzing, and data recording) for each successive 
15-minute period. Hourly averages shall be computed using at least one 
data point in each fifteen-minute quadrant of an hour. Notwithstanding 
this requirement, an hourly average may be computed from at least two 
data points separated by a minimum of 15 minutes (where the unit 
operates for more than one quadrant in an hour) if data are unavailable 
as a result of performance of calibration, quality assurance, 
preventive maintenance activities, or backups of data from data 
acquisition and handling system, and recertification events. When valid 
SO2 pounds per hour emission data are not obtained because 
of continuous monitoring system breakdowns, repairs, calibration 
checks, or zero and span adjustments, emission data must be obtained by 
using other monitoring systems approved by the EPA to provide emission 
data for a minimum of 18 hours in each 24-hour period and at least 22 
out of 30 successive boiler operating days.
* * * * *

[FR Doc. 2017-18661 Filed 9-8-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                           42627

                                                      (Federalism) it is determined that this                   submitted for parallel processing on July             publicly available only at the hard copy
                                                      action does not have sufficient                           12, 2017, by the State of Arkansas                    location (e.g., copyrighted material), and
                                                      federalism implications to warrant the                    through the Arkansas Department of                    some may not be publicly available at
                                                      preparation of a Federalism Assessment.                   Environmental Quality (ADEQ).                         either location (e.g., CBI).
                                                                                                                Specifically, the EPA is proposing to                 FOR FURTHER INFORMATION CONTACT:
                                                      List of Subjects in 21 CFR Part 1308
                                                                                                                approve the State’s proposed SIP                      Dayana Medina, 214–665–7241,
                                                        Administrative practice and                             revision, which addresses nitrogen                    medina.dayana@epa.gov. To inspect the
                                                      procedure, Drug traffic control,                          oxide (NOX) requirements for the                      hard copy materials, please schedule an
                                                      Reporting and recordkeeping                               Arkansas Electric Cooperative                         appointment with Dayana Medina or
                                                      requirements.                                             Corporation (AECC) Bailey Plant Unit 1;               Mr. Bill Deese at 214–665–7253.
                                                        For the reasons set out above, the DEA                  AECC McClellan Plant Unit 1; the                      SUPPLEMENTARY INFORMATION:
                                                      proposes to amend 21 CFR part 1308 as                     American Electric Power/Southwestern                  Throughout this document wherever
                                                      follows:                                                  Electric Power Company (AEP/                          ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                                SWEPCO) Flint Creek Plant Boiler No.                  the EPA.
                                                      PART 1308—SCHEDULES OF                                    1; Entergy Arkansas, Inc. (Entergy) Lake
                                                      CONTROLLED SUBSTANCES                                     Catherine Plant Unit 4; Entergy White                 Table of Contents
                                                                                                                Bluff Plant Units 1 and 2 and the                     I. Background
                                                      ■ 1. The authority citation for part 1308                 Auxiliary Boiler; and Entergy                            A. The Regional Haze Program
                                                      continues to read as follows:                             Independence Plant Units 1 and 2. In                     B. Our Previous Actions on Arkansas
                                                        Authority: 21 U.S.C. 811, 812, 871(b),                  conjunction with this proposed                              Regional Haze
                                                      unless otherwise noted.                                   approval, we are proposing to withdraw                   C. CSAPR as an Alternative to Source-
                                                                                                                                                                            Specific NOX BART
                                                      ■ 2. In § 1308.11, add paragraph (h)(18)                  federal implementation plan (FIP)                     II. Our Evaluation of Arkansas’ Proposed
                                                      to read as follows:                                       emission limits for NOX that would                          Regional Haze SIP Revision
                                                                                                                otherwise apply to the nine                              A. Reliance on CSAPR To Satisfy NOX
                                                      § 1308.11     Schedule I.                                 aforementioned units.                                       BART
                                                      *       *    *         *       *                          DATES: Written comments must be                          B. Reasonable Progress Analysis for NOX
                                                          (h) * * *                                             received on or before October 11, 2017.                  1. Regional Particulate Source
                                                                                                                                                                            Apportionment Tool (PSAT) Data for
                                                                                                                ADDRESSES: Submit your comments,                            Caney Creek and Upper Buffalo
                                                      (18) methyl 2-(1-(4-fluorobenzyl)-                        identified by Docket No. EPA–R06–                        2. Arkansas Source PSAT Data for Caney
                                                        1H-indazole-3-carboxamido)-3-                           OAR–2015–0189, at http://                                   Creek and Upper Buffalo
                                                        methylbutanoate, its optical,                                                                                    3. Arkansas’ Conclusions Regarding Key
                                                                                                                www.regulations.gov or via email to
                                                        positional, and geometric iso-                                                                                      Pollutants and Source Category
                                                        mers, salts and salts of isomers                        R6AIR_ARHaze@epa.gov. Follow the
                                                                                                                online instructions for submitting                          Contributions
                                                        (Other     names:       FUB-AMB,                                                                                 4. Our Evaluation of Arkansas’ Analysis
                                                        MMB-FUBINACA,                   AMB-                    comments. Once submitted, comments                       C. Required Consultation
                                                        FUBINACA) ................................    (7021)    cannot be edited or removed from                      III. Proposed Action
                                                                                                                Regulations.gov. The EPA may publish                     A. Arkansas’ Proposed Regional Haze SIP
                                                        Dated: August 14, 2017.                                 any comment received to its public                          Revision
                                                      Chuck Rosenberg,                                          docket. Do not submit electronically any                 B. Partial FIP Withdrawal
                                                      Acting Administrator.                                     information you consider to be                           C. Clean Air Act Section 110(l)
                                                      [FR Doc. 2017–17639 Filed 9–8–17; 8:45 am]                Confidential Business Information (CBI)               IV. Statutory and Executive Order Reviews
                                                      BILLING CODE 4410–09–P                                    or other information whose disclosure is              I. Background
                                                                                                                restricted by statute. Multimedia
                                                                                                                submissions (audio, video, etc.) must be              A. The Regional Haze Program
                                                      ENVIRONMENTAL PROTECTION                                  accompanied by a written comment.                        Regional haze is visibility impairment
                                                      AGENCY                                                    The written comment is considered the                 that is produced by a multitude of
                                                                                                                official comment and should include                   sources and activities that are located
                                                      40 CFR Part 52                                            discussion of all points you wish to                  across a broad geographic area and emit
                                                                                                                make. The EPA will generally not                      fine particulates (PM2.5) (e.g., sulfates,
                                                      [EPA–R06–OAR–2015–0189; FRL–9966–97–                      consider comments or comment                          nitrates, organic carbon (OC), elemental
                                                      Region 6]                                                 contents located outside of the primary               carbon (EC), and soil dust), and their
                                                      Approval and Promulgation of                              submission (i.e. on the web, cloud, or                precursors (e.g., sulfur dioxide (SO2),
                                                      Implementation Plans; Arkansas;                           other file sharing system). For                       NOX, and in some cases, ammonia (NH3)
                                                      Approval of Regional Haze State                           additional submission methods, please                 and volatile organic compounds
                                                      Implementation Plan Revision and                          contact Dayana Medina,                                (VOCs)). Fine particle precursors react
                                                      Withdrawal of Federal Implementation                      medina.dayana@epa.gov. For the full                   in the atmosphere to form PM2.5, which
                                                      Plan for NOX for Electric Generating                      EPA public comment policy,                            impairs visibility by scattering and
                                                      Units in Arkansas                                         information about CBI or multimedia                   absorbing light. Visibility impairment
                                                                                                                submissions, and general guidance on                  reduces the clarity, color, and visible
                                                      AGENCY:  Environmental Protection                         making effective comments, please visit               distance that can be seen. PM2.5 can also
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                                                      Agency (EPA).                                             http://www2.epa.gov/dockets/                          cause serious adverse health effects and
                                                      ACTION: Proposed rule.                                    commenting-epa-dockets.                               mortality in humans; it also contributes
                                                                                                                   Docket: The index to the docket for                to environmental effects such as acid
                                                      SUMMARY:   Pursuant to the Federal Clean                  this action is available electronically at            deposition and eutrophication.
                                                      Air Act (CAA or the Act), the                             www.regulations.gov and in hard copy                     Section 169A of the CAA directs
                                                      Environmental Protection Agency (EPA)                     at the EPA Region 6, 1445 Ross Avenue,                states to evaluate the use of retrofit
                                                      is proposing to approve a proposed                        Suite 700, Dallas, Texas. While all                   controls at certain larger, often under-
                                                      revision to the Arkansas Regional Haze                    documents in the docket are listed in                 controlled, older stationary sources in
                                                      State Implementation Plan (SIP)                           the index, some information may be                    order to address visibility impacts from


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                                                      42628               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules

                                                      these sources. Specifically, section                    compliance; and (4) the remaining                     April 14, 2017, we announced the
                                                      169A(b)(2)(A) of the CAA requires states                useful life of any potentially affected               convening of a proceeding to reconsider
                                                      to revise their SIPs to contain such                    sources. States must determine whether                several elements of the FIP, including
                                                      measures as may be necessary to make                    additional control measures beyond                    the appropriate compliance dates for the
                                                      reasonable progress toward the natural                  BART and other ‘‘on the books’’ controls              NOX emission limits for Flint Creek
                                                      visibility goal, including a requirement                are reasonable based on a consideration               Unit 1, White Bluff Units 1 and 2, and
                                                      that certain categories of existing major               of the four reasonable progress factors.              Independence Units 1 and 2.6 EPA also
                                                      stationary sources built between 1962                   States must demonstrate in their SIPs                 published a notice in the Federal
                                                      and 1977 procure, install, and operate                  how these factors are considered when                 Register on April 25, 2017,
                                                      the ‘‘Best Available Retrofit                           selecting the RPGs for each applicable                administratively staying the
                                                      Technology’’ (BART). Larger ‘‘fossil-fuel               Class I area. We commonly refer to this               effectiveness of the 18-month NOX
                                                      fired steam electric plants’’ are one of                as the ‘‘reasonable progress analysis’’ or            compliance dates in the FIP for these
                                                      these source categories. Under the                      ‘‘four factor analysis.’’                             units for a period of 90 days.7 On July
                                                      Regional Haze Rule, states are directed                    Additional information about the
                                                                                                                                                                    13, 2017, the EPA published a proposed
                                                      to conduct BART determinations for                      Regional Haze program can be found in
                                                                                                                                                                    rule that would extend the NOX
                                                      ‘‘BART-eligible’’ sources that may be                   the background sections of our previous
                                                                                                              proposed rulemakings on Arkansas                      compliance dates for Flint Creek Unit 1,
                                                      anticipated to cause or contribute to any
                                                                                                              regional haze.2                                       White Bluff Units 1 and 2, and
                                                      visibility impairment in a Class I area.
                                                      Section 169A(g)(2) of the CAA                                                                                 Independence Units 1 and 2, by 21
                                                                                                              B. Our Previous Actions on Arkansas                   months to January 27, 2020.8
                                                      establishes that in determining BART,                   Regional Haze
                                                      states must take into consideration the                                                                       C. CSAPR as an Alternative to Source-
                                                      following five factors: (1) Costs of                       Arkansas submitted a SIP on
                                                                                                                                                                    Specific NOX BART
                                                      compliance, (2) the energy and nonair                   September 9, 2008, to address the first
                                                      quality environmental impacts of                        regional haze implementation period.                     In 2005, the EPA published the Clean
                                                      compliance, (3) any existing pollution                  On August 3, 2010, Arkansas submitted                 Air Interstate Rule (CAIR), which
                                                      control technology in use at the source,                a SIP revision with non-substantive                   required 27 states and the District of
                                                      (4) the remaining useful life of the                    revisions to the APCEC Regulation 19,                 Columbia to reduce emissions of SO2
                                                      source, and (5) the degree of                           Chapter 15; this Chapter identified the               and NOX that significantly contribute to
                                                      improvement in visibility which may                     BART-eligible and subject-to-BART                     or interfere with maintenance of the
                                                      reasonably be anticipated to result from                sources in Arkansas and established the               1997 national ambient air quality
                                                      the use of such technology. The                         BART emission limits for subject-to-                  standards (NAAQS) for fine particulates
                                                      evaluation of BART for electric                         BART sources. On September 27, 2011,                  and/or 8-hour ozone in any downwind
                                                      generating units (EGUs) that are located                the State submitted supplemental                      state.9 EPA demonstrated that CAIR
                                                      at fossil-fuel fired power plants having                information to address the regional haze              would achieve greater reasonable
                                                      a generating capacity in excess of 750                  requirements. We are hereafter referring
                                                                                                                                                                    progress toward the national visibility
                                                      megawatts must follow the ‘‘Guidelines                  to these regional haze submittals
                                                                                                                                                                    goal than would BART; therefore, states
                                                      for BART Determinations Under the                       collectively as the ‘‘2008 Arkansas
                                                                                                                                                                    could rely on CAIR as an alternative to
                                                      Regional Haze Rule’’ at appendix Y to                   Regional Haze SIP.’’ On March 12, 2012,
                                                                                                                                                                    EGU BART for SO2 and NOX.10
                                                      40 CFR part 51 (hereinafter referred to                 we partially approved and partially
                                                                                                                                                                    Although Arkansas was subject to
                                                      as the ‘‘BART Guidelines’’). Rather than                disapproved the 2008 Arkansas
                                                                                                              Regional Haze SIP.3 On September 27,                  certain of the NOX requirements of
                                                      requiring source-specific BART
                                                                                                              2016, we published a FIP addressing the               CAIR, including the state-wide ozone
                                                      controls, states also have the flexibility
                                                                                                              deficiencies identified in the                        season NOX budget but not the annual
                                                      to adopt an emissions trading program
                                                                                                              disapproved portions of the 2008                      NOX budget, and although this would
                                                      or other alternative program as long as
                                                      the alternative provides for greater                    Arkansas Regional Haze SIP (the                       have been sufficient for Arkansas to rely
                                                      progress towards improving visibility                   Arkansas Regional Haze FIP).4 Among                   on CAIR to satisfy NOX BART, it elected
                                                      than BART.                                              other things, the FIP established NOX                 not to rely on CAIR in its 2008 Regional
                                                         The vehicle for ensuring continuing                  emission limits under the BART                        Haze SIP to satisfy the NOX BART
                                                      progress towards achieving the natural                  requirements for Bailey Unit 1;                       requirement for its EGUs.
                                                      visibility goal is the submission of a                  McClellan Unit 1; Flint Creek Boiler No.                 On July 11, 2008, the D.C. Circuit
                                                      series of regional haze SIPs that contain               1; Lake Catherine Unit 4; and White                   found CAIR was fatally flawed and on
                                                      long-term strategies to make reasonable                 Bluff Units 1 and 2 and the Auxiliary                 December 23, 2008, the Court remanded
                                                      progress towards natural visibility                     Boiler. The FIP also established NOX                  CAIR to EPA without vacatur to
                                                      conditions and establish reasonable                     emission limits under the reasonable                  ‘‘preserve the environmental benefits
                                                      progress goals (RPGs) for every Class I                 progress requirements for Independence
                                                      area within the state. States have                      Units 1 and 2.                                        Entergy Mississippi Inc., and Entergy Power LLC
                                                      significant discretion in establishing                     In response to petitions submitted by              (collectively ‘‘Entergy’’); AECC; and the Energy and
                                                      RPGs,1 but are required to consider the                 the State of Arkansas and industry                    Environmental Alliance of Arkansas (EEAA).
                                                                                                                                                                       6 See letter dated April 14, 2017, regarding
                                                      following factors established in section                parties seeking reconsideration and an
                                                                                                                                                                    ‘‘Convening a Proceeding for Reconsideration of
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                                                      169A of the CAA: (1) The costs of                       administrative stay of the final Arkansas             Final Rule, ‘Promulgation of Air Quality
                                                      compliance; (2) the time necessary for                  Regional Haze FIP,5 in a letter dated                 Implementation Plans; State of Arkansas; Regional
                                                      compliance; (3) the energy and non-air                                                                        Haze and Interstate Visibility Transport Federal
                                                      quality environmental impacts of                          2 See 76 FR 64186 and 80 FR 18944.                  Implementation Plan,’ published September 7,
                                                                                                                3 77 FR 14604.                                      2016. 81 FR 66332.’’ A copy of this letter is
                                                        1 Guidance for Setting Reasonable Progress Goals        4 81 FR 66332; see also 81 FR 68319 (October 4,     included in the docket, Docket No. EPA–R06–OAR–
                                                                                                              2016) (correction).                                   2015–0189.
                                                      under the Regional Haze Program, June 1, 2007,                                                                   7 82 FR 18994.
                                                      memorandum from William L. Wehrum, Acting                 5 See the docket associated with this proposed
                                                                                                                                                                       8 82 FR 32284.
                                                      Assistant Administrator for Air and Radiation, to       rulemaking for a copy of the petitions for
                                                                                                                                                                       9 70 FR 25161 (May 12, 2005).
                                                      EPA Regional Administrators, EPA Regions 1–10           reconsideration and administrative stay submitted
                                                      (pp. 4–2, 5–1).                                         by the State of Arkansas; Entergy Arkansas Inc.,         10 70 FR 39104, 39139 (July 6, 2005).




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                                                                           Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                           42629

                                                      provided by CAIR’’.11 In 2011, acting on                CSAPR program with the same budgets.                   to-BART EGUs in Arkansas. EPA’s
                                                      the D.C. Circuit’s remand, we                           On November 10, 2016, we proposed a                    March 12, 2012 final action on the 2008
                                                      promulgated the Cross-State Air                         rule intended to address the remainder                 Regional Haze SIP included disapproval
                                                      Pollution Rule (CSAPR) to replace CAIR                  of the Court’s remand.19 This separate                 of the State’s source-by-source NOX
                                                      and issued FIPs to implement the rule                   proposed rule includes a sensitivity                   BART determinations for these EGUs.
                                                      in CSAPR-subject states.12 Arkansas                     analysis showing that the set of actions               These EGUs are Bailey Unit 1;
                                                      EGUs are covered under CSAPR for                        EPA has taken or expects to take in                    McClellan Unit 1; Flint Creek Boiler No.
                                                      ozone season NOX.13                                     response to the D.C. Circuit’s decision                1; Lake Catherine Unit 4; White Bluff
                                                         In 2012, we issued a limited                         would not adversely impact the analytic                Units 1 and 2 and its auxiliary boiler.
                                                      disapproval of several states’ regional                 demonstration for our 2012                             EPA’s March 12, 2012 final action on
                                                      haze SIPs because of reliance on CAIR                   determination that CSAPR participation                 the 2008 Regional Haze SIP also
                                                      as an alternative to EGU BART for SO2                   meets the criteria to qualify as an                    included a determination that the State
                                                      and/or NOX.14 We also determined that                   alternative to BART. Based on that                     did not satisfy the statutory and
                                                      CSAPR would provide for greater                         assessment, the EPA proposed that                      associated regulatory requirements for
                                                      reasonable progress than BART and                       states may continue to rely on CSAPR                   the reasonable progress analysis. We
                                                      amended the Regional Haze Rule to                       as being better than BART on a                         promulgated a FIP on September 27,
                                                      allow for CSAPR participation as an                     pollutant-specific basis. As of the date               2016, that established source specific
                                                      alternative to source-specific SO2 and/or               of this proposed action, EPA has not yet               NOX BART emission limits for these
                                                      NOX BART for EGUs, on a pollutant-                      finalized that proposed rulemaking.                    seven EGUs and NOX emission limits
                                                      specific basis.15 As Arkansas did not                   EPA can approve regional haze SIP                      under reasonable progress for
                                                      rely on CAIR to satisfy the NOX BART                    submissions that rely on participation in              Independence Units 1 and 2 to address
                                                      requirements in the 2008 Regional Haze                  CSAPR as an alternative to BART only                   the disapproved portions of the 2008
                                                      SIP, Arkansas was not included in the                   after finalizing the November 2016                     Regional Haze SIP submittal.
                                                      EPA’s limited disapproval of regional                   proposed rule or otherwise determining                    Arkansas’ July 2017 Regional Haze
                                                      haze SIPs that relied on CAIR to satisfy                that participation in CSAPR remains a                  SIP revision addresses the NOX BART
                                                      certain regional haze requirements.16 As                viable BART alternative.                               requirements for Arkansas’ EGUs by
                                                      noted above, in the 2012 rulemaking in                                                                         relying on CSAPR as an alternative to
                                                                                                              II. Our Evaluation of Arkansas’                        BART. The July 2017 Regional Haze SIP
                                                      which we promulgated those limited                      Proposed Regional Haze SIP Revision
                                                      disapprovals, the EPA also promulgated                                                                         revision proposal also makes the
                                                      FIPs to replace reliance on CAIR with                      On July 12, 2017, Arkansas submitted                determination that no additional NOX
                                                      reliance on CSAPR in many of those                      a proposed SIP revision with a request                 emission controls for Arkansas sources,
                                                      regional haze SIPs; however, Arkansas                   for parallel processing, addressing the                beyond participation in CSAPR’s ozone
                                                      was likewise not included in that FIP                   NOX requirements for Bailey Unit 1,                    season NOX trading program, are
                                                      action.                                                 McClellan Unit 1, Flint Creek Boiler No.               required for achieving reasonable
                                                         CSAPR has been subject to extensive                  1, Lake Catherine Unit 4, White Bluff                  progress in Arkansas. As noted above,
                                                      litigation, and on July 28, 2015, the D.C.              Units 1 and 2 and the Auxiliary Boiler,                the July 2017 Regional Haze SIP
                                                      Circuit issued a decision generally                     and Independence Units 1 and 2 (July                   revision addresses NOX requirements
                                                      upholding CSAPR but remanding                           2017 Arkansas Regional Haze SIP). This                 for the same EGUs for which we
                                                      without vacating the CSAPR emissions                    proposed SIP revision is the subject of                established source-specific NOX
                                                      budgets for a number of states.17 We are                this proposed action, in conjunction                   emission limits in our September 27,
                                                      in the process of responding to the                     with our proposed withdrawal of the                    2016 FIP.
                                                      remand of these CSAPR budgets. On                       emission limits for NOX that we
                                                                                                              promulgated in our September 27, 2016                  A. Reliance on CSAPR To Satisfy NOX
                                                      October 26, 2016, we finalized an                                                                              BART
                                                      update to the CSAPR rule that addresses                 FIP for the same EGUs addressed in the
                                                      the 1997 ozone NAAQS portion of the                     proposed SIP revision. The EPA is                        Arkansas’ 2017 Regional Haze SIP
                                                      remand and also addresses the CAA                       proposing action on the SIP revision at                revision proposal relies on EPA’s
                                                      requirements regarding interstate                       the same time that ADEQ is completing                  determination that CSAPR provides for
                                                                                                              the corresponding public comment and                   greater reasonable progress than BART
                                                      transport for the 2008 ozone NAAQS.18
                                                                                                              rulemaking process at the state level.                 to address the NOX BART requirements
                                                      Additionally, three states, Alabama,
                                                                                                              The July 2017 SIP revision request will                for its EGUs. Consistent with 40 CFR
                                                      Georgia, and South Carolina, have
                                                                                                              not be complete and will not meet all                  51.308(e)(4), Arkansas makes the
                                                      adopted or committed to adopt SIPs to
                                                                                                              the SIP approvability criteria until the               determination that since the Arkansas
                                                      replace the remanded FIPs and will
                                                                                                              state completes the public process and                 EGUs are currently subject to the
                                                      continue the states’ participation in the
                                                                                                              submits the final, adopted SIP revision                CSAPR requirements for ozone-season
                                                        11 North Carolina v. EPA, 531 F.3d 896, 901 (D.C.     with a letter from the Governor or                     NOX, the State need not require subject-
                                                      Cir. 2008), modified, 550 F.3d 1176, 1178 (D.C. Cir.    Governor’s designee to EPA. The EPA is                 to-BART EGUs to install, operate, and
                                                      2008).                                                  proposing to approve the SIP revision                  maintain BART for NOX. We are
                                                        12 76 FR 48207 (August 8, 2011).
                                                                                                              request after completion of the state                  proposing to find that it is appropriate
                                                        13 76 FR 82219 (December 30, 2011).
                                                                                                              public process and final submittal.                    for Arkansas to rely on participation in
                                                        14 The limited disapproval triggered the EPA’s
                                                                                                                                                                     the CSAPR ozone season NOX trading
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                                                      obligation to issue a FIP or approve a SIP revision
                                                                                                                 Arkansas’ July 2017 Regional Haze
                                                      to correct the relevant deficiencies within 2 years     SIP revision proposal addresses certain                program to satisfy the NOX BART
                                                      of the final limited disapproval action. CAA section    portions of the 2008 Regional Haze SIP                 requirements for Arkansas EGUs. EPA’s
                                                      110(c)(1); 77 FR 33642, at 33654 (June 7, 2012).        that were partially disapproved by EPA                 2012 determination and our November
                                                        15 See 40 CFR 51.308(e)(4).
                                                                                                              on March 12, 2012.20 The 2008 Regional                 2016 proposed determination that
                                                        16 See 77 FR 33642, at 33654.
                                                                                                              Haze SIP included source-by-source                     implementation of CSAPR meets the
                                                        17 Arkansas’ ozone season NO budget was not
                                                                                       X
                                                                                                              NOX BART determinations for subject-                   criteria for a BART alternative are based
                                                      included in the remand. EME Homer City
                                                      Generation v. EPA, 795 F.3d 118, 138 (D.C. Cir.                                                                on an analytic demonstration that
                                                      2015).                                                    19 81   FR 78954 (November 10, 2016).                implementation of CSAPR across all
                                                        18 81 FR74504 (October 26, 2016).                       20 77   FR 14604.                                    states subject to CSAPR would result in


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                                                      42630               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules

                                                      greater reasonable progress than BART                   conclusion that Arkansas’ 2017 Regional               1. Regional Particulate Source
                                                      toward restoring natural visibility                     Haze SIP revision draws from this re-                 Apportionment Tool (PSAT) Data for
                                                      conditions in relevant locations.21 Our                 presentation of the CENRAP modeling                   Caney Creek and Upper Buffalo
                                                      proposed approval of Arkansas’ 2017                     results is that sulfate (SO4) from point                 Arkansas’ 2017 Regional Haze SIP
                                                      Regional Haze SIP revision is dependent                 sources is the primary contributor to                 revision explains that the region-wide
                                                      upon our November 10, 2016 proposed                     total light extinction at Arkansas Class              PSAT results show that on the 20%
                                                      determination,22 which is based in part                 I areas on the 20% worst days, whether                worst days in 2002, point sources are
                                                      on the analysis we conducted for our                    looking at all regional sources or only               the primary contributor to total light
                                                      2012 determination that CSAPR is better                 Arkansas sources. In contrast, nitrate                extinction at Arkansas’ Class I areas.
                                                      than BART,23 but with updates to reflect                (NO3) is responsible for a much smaller               Arkansas explains that point sources are
                                                      the changes to CSAPR to address the                     proportion of total light extinction at               responsible for approximately 60% of
                                                      Court’s remand.                                         Arkansas Class I areas. With regard to                the total light extinction at each
                                                         We are proposing to find that the NOX                light extinction due to NO3, the PSAT                 Arkansas Class I area on the 20% worst
                                                      BART requirements for EGUs in                           results show that when looking at only                days in 2002.26 Area sources are the
                                                      Arkansas will be satisfied by                           Arkansas sources, the majority of the                 next largest contributor to total light
                                                      participation in CSAPR’s ozone season                   light extinction due to NO3 is clearly                extinction at Arkansas Class I areas,
                                                      NOX program. Finalization of today’s                    attributed to on-road mobile sources                  contributing approximately 13% and
                                                      proposed SIP approval is dependent                      whereas looking at all region-wide                    16% of light extinction at Caney Creek
                                                      upon finalization of the November 10,                   sources the light extinction due to NO3               and Upper Buffalo, respectively.27 The
                                                      2016 proposed finding that CSAPR                        is nearly equally attributed to on-road               remaining source categories each
                                                      continues to be better than BART or                                                                           contribute between 2% and 6% of total
                                                                                                              mobile and point sources on the 20%
                                                      EPA otherwise determining that                                                                                light extinction at Arkansas’ Class I
                                                                                                              worst days in 2002. In particular, NO3
                                                      participation in CSAPR remains a viable                                                                       areas.
                                                                                                              from Arkansas point sources contribute
                                                      alternative to source-specific BART.24                                                                           Looking at the modeled relative
                                                                                                              0.36 inverse megameters (Mm¥1) out of
                                                      B. Reasonable Progress Analysis for NOX                 a total light extinction of approximately             contribution to light extinction from
                                                                                                              115.87 Mm¥1 at Caney Creek on the                     each species on the 20% worst days in
                                                        In determining whether additional
                                                                                                              20% worst days in 2002. NO3 from                      2002, the PSAT results show that SO4
                                                      controls are necessary under the
                                                                                                              Arkansas point sources also contribute                contributes approximately 87.05 Mm¥1
                                                      reasonable progress requirements and in
                                                                                                              0.18 Mm¥1 out of a total light extinction             to the total light extinction at Caney
                                                      establishing RPGs, a state must consider
                                                                                                              of approximately 115 Mm¥1 at Upper                    Creek and 83.18 Mm¥1 to the total light
                                                      four statutory factors in section
                                                                                                              Buffalo on the 20% worst days in 2002.                extinction at Upper Buffalo, or
                                                      169A(g)(1) of the CAA: (1) The costs of
                                                                                                              In terms of percent contribution, NO3                 approximately 72% and 69% of the total
                                                      compliance, (2) the time necessary for
                                                                                                              from Arkansas point sources contribute                modeled light extinction at each Class I
                                                      compliance, (3) the energy and nonair
                                                                                                              approximately 0.31% of the total light                area, respectively. SO4 due to point
                                                      quality environmental impacts of
                                                                                                              extinction at Caney Creek and 0.16% of                sources (including point sources both in
                                                      compliance, and (4) the remaining
                                                                                                              the total light extinction at Upper                   and outside Arkansas) contributes 75.1
                                                      useful life of any existing source subject
                                                                                                              Buffalo on the 20% worst days in 2002.                Mm¥1 to the total light extinction at
                                                      to such requirements.
                                                        Arkansas’ 2017 Regional Haze SIP                      NO3 from Arkansas area sources had an                 Caney Creek and 72.17 Mm¥1 at Upper
                                                      revision includes a discussion of the key               even smaller contribution to light                    Buffalo, or approximately 62% and 60%
                                                      pollutants and source categories that                   extinction on the 20% worst days in                   of the total light extinction at each Class
                                                      contribute to visibility impairment in                  2002, contributing approximately 0.18                 I area on the 20% worst days in 2002,
                                                      Arkansas Class I areas. In this SIP                     Mm¥1 out of a total light extinction of               respectively. SO4 due to point sources is
                                                      revision, Arkansas refers back to the                   approximately 115.87 Mm¥1 at Caney                    responsible for approximately 86% and
                                                      2008 Arkansas Regional Haze SIP,                        Creek and 0.11 Mm¥1 out of a total light              87% of the light extinction due to SO4
                                                      which included air quality modeling                     extinction of approximately 115 Mm¥1                  at Caney Creek and Upper Buffalo,
                                                      performed by the Central Regional Air                   at Upper Buffalo. In terms of percent                 respectively. The other source categories
                                                      Planning Association (CENRAP) in                        contribution, NO3 from Arkansas area                  (i.e., natural, on-road, non-road, and
                                                                                                              sources contribute approximately 0.16%                area sources) each contribute much
                                                      support of SIP development in the
                                                                                                              of the total light extinction at Caney                smaller proportions of light extinction
                                                      central states region.25 The CENRAP
                                                                                                              Creek and 0.1% of the total light                     due to SO4. By comparison, NO3
                                                      modeling included PSAT with CAMx
                                                                                                              extinction at Upper Buffalo on the 20%                contributes approximately 13.78 Mm¥1
                                                      version 4.4, which was used to provide
                                                                                                              worst days in 2002. Based on its                      to the total light extinction at Caney
                                                      source apportionment by geographic
                                                                                                              evaluation of the CENRAP modeling                     Creek and 13.3 Mm¥1 at Upper Buffalo,
                                                      regions and major source categories for
                                                                                                              results, Arkansas concludes that given                or approximately 11% of the total light
                                                      pollutants that contribute to visibility
                                                                                                              the small amount of visibility                        extinction at each Class I area,
                                                      impairment at each of the Class I areas
                                                                                                              impairment due to NO3 from Arkansas                   respectively. Primary organic aerosols
                                                      in the central states region. Arkansas’
                                                      2017 Regional Haze SIP revision                         point sources, it does not expect that                   26 Point sources (considering sources both in and
                                                      provides a discussion of region-wide                    additional NOX controls on Arkansas                   outside Arkansas) are responsible for approximately
                                                      PSAT results and also provides a                        point sources would yield meaningful
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                                                                                    81.04 Mm¥1 out of a total light extinction of 115.87
                                                      discussion of Arkansas PSAT data. The                   visibility improvements at Arkansas                   Mm¥1 at Caney Creek and 77.8 Mm¥1 out of a total
                                                                                                              Class I areas. Taking this into                       light extinction of 115 Mm¥1 at Upper Buffalo on
                                                                                                                                                                    the 20% worst days in 2002. See Table 1 of the 2017
                                                        21 77 FR 33642.                                       consideration and given that Arkansas                 Arkansas Regional Haze SIP revision, page 10.
                                                        22 81 FR 78954.                                       EGUs are required to participate in the                  27 Area sources (considering sources both in and
                                                        23 77 FR 33642.
                                                                                                              CSAPR ozone season NOX trading                        outside Arkansas) are responsible for approximately
                                                        24 81 FR 78954.
                                                                                                              program, the state determines it is                   17.81 Mm¥1 out of a total light extinction of 115.87
                                                        25 The central states region includes Texas,                                                                Mm¥1 at Caney Creek and 20.46 Mm¥1 out of a
                                                      Oklahoma, Louisiana, Arkansas, Kansas, Missouri,
                                                                                                              appropriate to screen out point sources               total light extinction of 115 Mm¥1 at Upper Buffalo
                                                      Nebraska, Iowa, Minnesota, and the tribal               in Arkansas from further evaluation of                on the 20% worst days in 2002. See Table 1 of the
                                                      governments within these states.                        NOX controls under reasonable progress.               2017 Arkansas Regional Haze SIP revision, page 10.



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                                                                          Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                            42631

                                                      (POA) contribute approximately 8%,                      NO3, POA, EC, soil, and CM) are also                   attributed to Arkansas sources at Upper
                                                      elemental carbon (EC) contributes                       projected to have reductions in their                  Buffalo, and approximately 3% of the
                                                      approximately 4%, soil contributes                      contribution to total light extinction at              total light extinction at the Class I area
                                                      approximately 1%, and crustal material                  Caney Creek and Upper Buffalo in 2018.                 on the 20% worst days in 2002. The
                                                      (CM) contributes approximately 3 to 5%                  These species’ relative contributions to               other source categories in Arkansas each
                                                      of the total modeled visibility extinction              total light extinction in 2018 are                     contribute between 7% and 14% to light
                                                      at each Arkansas Class I area on the                    projected to remain much smaller than                  extinction attributed to Arkansas
                                                      20% worst days in 2002. NO3 due to on-                  that of SO4. For example, NO3 is                       sources at Caney Creek and Upper
                                                      road sources contributes 4.7 Mm¥1 and                   projected to contribute approximately                  Buffalo.
                                                      NO3 due to point sources contributes                    7.57 Mm¥1 at Caney Creek and 9.22                         Looking at each species and their
                                                      4.06 Mm¥1 at Caney Creek, or                            Mm¥1 at Upper Buffalo on the 20%                       modeled relative contributions to light
                                                      approximately one-third of the light                    worst days in 2018, or approximately 10                extinction at Arkansas Class I areas, SO4
                                                      extinction due to NO3 at the Class I area.              to 12% of the total light extinction at                from all Arkansas sources contributes
                                                      NO3 due to point sources contributes                    each Class I area.                                     4.14 Mm¥1 at Caney Creek and 3.97
                                                      3.93 Mm¥1 and NO3 due to on-road                                                                               Mm¥1 at Upper Buffalo, or
                                                      sources contributes 4.14 Mm¥1 at                        2. Arkansas Source PSAT Data for                       approximately 3% of the total modeled
                                                      Upper Buffalo, or approximately 30% to                  Caney Creek and Upper Buffalo                          light extinction at each Class I area on
                                                      31% of the light extinction due to NO3                     In its 2017 Regional Haze SIP                       the 20% worst days in 2002. SO4 due to
                                                      at the Class I area. Area sources are the               submittal, Arkansas explains that                      Arkansas point sources contributes 2.94
                                                      primary driver of light extinction                      species attributed to Arkansas sources                 Mm¥1 at Caney Creek and 2.62 Mm¥1
                                                      attributed to POA, soil, and CM. Non-                   in particular contribute approximately                 at Upper Buffalo, or approximately two-
                                                      road and area sources are the primary                   10% of total light extinction on the 20%               thirds of the light extinction attributed
                                                      drivers of light extinction attributed to               worst days in 2002 at Arkansas Class I                 to SO4 from all Arkansas sources at each
                                                      EC.                                                     areas,28 and are projected to contribute               Class I area. POA from Arkansas sources
                                                         The PSAT results also show that point                approximately 13% to 14% of total light                contributes approximately 3% and 2%
                                                      sources are projected to remain the                     extinction on the 20% worst days in                    of the total light extinction on the 20%
                                                      primary contributor to light extinction                 2018.29                                                worst days in 2002 at Caney Creek and
                                                      at Arkansas’ Class I areas on the 20%                      When considering only Arkansas                      Upper Buffalo, respectively. NO3 from
                                                      worst days in 2018, contributing                        sources, area sources are responsible for              all Arkansas sources contributes 2.11
                                                      approximately 45.27 Mm¥1 at Caney                       a greater portion of the visibility                    Mm¥1 at Caney Creek and 1.07 Mm¥1
                                                      Creek and 43.02 Mm¥1 at Upper                           extinction than point sources on the                   at Upper Buffalo, or approximately 2%
                                                      Buffalo, or approximately 65% of total                  20% worst days in 2002 at Arkansas                     and 1% of the total light extinction on
                                                      light extinction at Caney Creek and 61%                 Class I areas. For example, Arkansas                   the 20% worst days in 2002 at each
                                                      of total light extinction at Upper                      area sources contribute 5.03 Mm¥1, or                  Class I area, respectively. NO3 due to
                                                      Buffalo. Area sources are projected to                  approximately 37% of the light                         Arkansas on-road sources contributes
                                                      continue being the second largest                       extinction attributed to Arkansas                      1.09 Mm¥1 at Caney Creek and 0.54
                                                      contributor to light extinction on the                  sources at Caney Creek, and                            Mm¥1 at Upper Buffalo, or
                                                      20% worst days in 2018, contributing                    approximately 4% of total light                        approximately 50% of the light
                                                      approximately 16.96 Mm¥1 at Caney                       extinction at the Class I area on the 20%              extinction attributed to NO3 from
                                                      Creek and 19.71 Mm¥1 at Upper                           worst days in 2002. Arkansas area                      Arkansas sources at Arkansas Class I
                                                      Buffalo, or approximately 24% of total                  sources also contribute 6.72 Mm¥1, or                  areas on the 20% worst days in 2002.
                                                      light extinction at Caney Creek and 28%                 approximately 50% of light extinction                  NO3 due to Arkansas point sources
                                                      of total light extinction at Upper                      attributed to Arkansas sources at Upper                contributes 0.36 Mm¥1 at Caney Creek
                                                      Buffalo. The PSAT results show that                     Buffalo, and approximately 6% of the                   and 0.18 Mm¥1 at Upper Buffalo, or
                                                      natural, on-road, and non-road sources                  total light extinction at the Class I area             approximately 17% of the light
                                                      are projected to continue to contribute                 on the 20% worst days in 2002. By                      extinction attributed to NO3 from all
                                                      a very small portion of total light                     comparison, Arkansas point sources                     Arkansas sources at each Class I area.
                                                      extinction at Arkansas’ Class I areas on                contribute 3.85 Mm¥1, or                               EC from Arkansas sources contributes
                                                      the 20% worst days in 2018.                             approximately 28% of the light                         approximately 1% and soil from
                                                         Arkansas explains that the PSAT                      extinction attributed to Arkansas                      Arkansas sources contributes
                                                      results show that the light extinction                  sources at Caney Creek, and                            approximately 0.2% to the total light
                                                      attributed to SO4 is projected to                       approximately 3% of the total light                    extinction at Caney Creek and Upper
                                                      decrease by approximately 44% at                        extinction at the Class I area on the 20%              Buffalo on the 20% worst days in 2002.
                                                      Caney Creek and 45% at Upper Buffalo                    worst days in 2002. Arkansas point                     CM from Arkansas sources, primarily
                                                      on the 20% worst days in 2018.                          sources also contribute 3.25 Mm¥1, or                  area sources, contribute approximately 1
                                                      However, SO4 is projected to continue                   approximately 24% of light extinction                  and 2% of total light extinction at Caney
                                                      being the primary driver of total light                                                                        Creek and Upper Buffalo, respectively.
                                                      extinction at Arkansas Class I areas on                   28 Arkansas sources contribute approximately            The PSAT results show that area
                                                      the 20% worst days in 2018, and point                   13.58 Mm¥1 out of a total light extinction of 115.87   sources are projected to continue having
                                                      sources are projected to continue being                                                                        a larger impact on visibility extinction
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                                                                              Mm¥1 at Caney Creek on the 20% worst days in
                                                      the primary source of light extinction                  2002, and 13.46 Mm¥1 out of a total light extinction   than point sources at Caney Creek and
                                                                                                              of 115 Mm¥1 at Upper Buffalo. See Tables 1 and
                                                      due to SO4. SO4 due to point sources is                 3 of the 2017 Arkansas Regional Haze SIP revision,
                                                                                                                                                                     Upper Buffalo when only considering
                                                      projected to contribute approximately                   pages 10 and 16.                                       sources located in Arkansas on the 20%
                                                      39.83 Mm¥1 at Caney Creek and 37.09                       29 Arkansas sources contribute approximately         worst days in 2018. For example,
                                                      Mm¥1 at Upper Buffalo, or                               11.24 Mm¥1 out of a total light extinction of 69.55    Arkansas area sources are projected to
                                                      approximately 53% and 49% of total                      Mm¥1 at Caney Creek on the 20% worst days in           contribute 4.84 Mm¥1 at Caney Creek,
                                                                                                              2018, and 12.02 Mm¥1 out of a total light extinction
                                                      light extinction on the 20% worst days                  of 70.79 Mm¥1 at Upper Buffalo. See Tables 2 and
                                                                                                                                                                     or approximately 43% of the light
                                                      in 2018 at each Class I area,                           4 of the 2017 Arkansas Regional Haze SIP revision,     extinction attributed to Arkansas
                                                      respectively. The other species (i.e.,                  pages 13 and 19.                                       sources at Caney Creek, and


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                                                      42632               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules

                                                      approximately 6% of the total light                     evaluate area sources for controls under              determination that because of the small
                                                      extinction at that Class I area on the                  reasonable progress.                                  impact at Arkansas Class I areas due to
                                                      20% worst days in 2018. Arkansas area                      Arkansas also asserts that the region-             NO3 from Arkansas sources,
                                                      sources are also projected to contribute                wide PSAT data indicate that the                      participation of Arkansas EGUs in
                                                      6.52 Mm¥1 at Upper Buffalo, or                          relative regional contribution of SO4 to              CSAPR for ozone season NOX satisfies
                                                      approximately 54% of the light                          light extinction at Arkansas Class I areas            the reasonable progress requirements for
                                                      extinction attributed to Arkansas                       is much higher than that of other                     NOX for sources in Arkansas.
                                                      sources at Upper Buffalo, and                           pollutants on the 20% worst days.                        Further, Arkansas states that the 2018
                                                      approximately 8% of the total light                     However, the PSAT results for Arkansas                CSAPR trading program ozone season
                                                      extinction at that Class I area on the                  sources show that the relative                        allocations for Arkansas EGUs add up to
                                                      20% worst days in 2018. By                              contribution to light extinction of the               3,708 NOX tons less than the 2016 ozone
                                                      comparison, Arkansas point sources are                  various species due to Arkansas sources               season NOX emissions from Arkansas
                                                      projected to contribute 4.05 Mm¥1 at                    is not as weighted toward SO4 compared                EGUs.30 Arkansas also states that it
                                                      Caney Creek and 3.63 Mm¥1 at Upper                      to the region-wide contribution results.              anticipates that some EGUs will choose
                                                      Buffalo, or approximately 36% of the                    Nevertheless, SO4 is still the species                to install combustion controls to comply
                                                      light extinction attributed to Arkansas                 with the largest contribution to light                with CSAPR that would achieve
                                                      sources at Caney Creek and                              extinction at Caney Creek and Upper                   emissions reductions year-round, not
                                                      approximately 30% of the light                          Buffalo on the 20% worst days in both                 just in the ozone season. Therefore,
                                                      extinction attributed to Arkansas                       the regional contribution results and the             Arkansas anticipates that the total
                                                      sources at Upper Buffalo. Other source                  Arkansas source contribution results.                 annual NOX reductions associated with
                                                      categories in Arkansas are projected to                 After examination of both region-wide                 compliance with the 2018 CSAPR ozone
                                                      contribute between 2% and 9% each to                    PSAT data and data for Arkansas                       season trading program would be greater
                                                      light extinction from Arkansas sources                  sources, Arkansas identifies SO4 as the               than 3,708 NOX tons.
                                                      at Arkansas Class I areas on the 20%                    key species contributing to light
                                                                                                                                                                    4. Our Evaluation of Arkansas’ Analysis
                                                      worst days in 2018.                                     extinction at Caney Creek and Upper
                                                                                                              Buffalo. Since the primary driver of SO4                 We agree with Arkansas’ assertion
                                                         The PSAT results also show that light                                                                      that when only sources located in
                                                                                                              formation is emissions of SO2 from
                                                      extinction attributed to Arkansas NO3                                                                         Arkansas are considered, light
                                                                                                              point sources when looking at both the
                                                      sources is projected to decrease by 62%                                                                       extinction due to area sources (all
                                                                                                              regional PSAT data and the data for
                                                      at Caney Creek and 41% at Upper                                                                               pollutant species considered) is greater
                                                                                                              Arkansas sources, Arkansas states it will
                                                      Buffalo on the 20% worst days in 2018,                                                                        compared to that of point sources for
                                                                                                              evaluate in a subsequent SIP revision
                                                      largely due to a decrease in light                                                                            both Caney Creek and Upper Buffalo on
                                                                                                              large sources of SO2 to determine
                                                      extinction attributed to NO3 from                                                                             the 20% worst days in 2002. In
                                                                                                              whether their emissions and proximity
                                                      Arkansas on-road sources. Overall light                                                                       particular, light extinction due to
                                                                                                              to Arkansas Class I areas warrant further
                                                      extinction due to SO4 from Arkansas                     analysis using the four statutory factors.            Arkansas areas sources (all pollutant
                                                      sources (all source categories combined)                   Arkansas also asserts that only a very             species considered) was 5.03 Mm¥1 out
                                                      is projected to decrease at Arkansas                    small proportion of total light extinction            of total light extinction of 115.87 Mm¥1
                                                      Class I areas. However, light extinction                is due to NO3 from Arkansas sources                   at Caney Creek and 6.72 Mm¥1 out of
                                                      due to SO4 from point sources located                   and that this proportion has historically             total light extinction of 115 Mm¥1 at
                                                      in Arkansas is projected to increase by                 been driven by on-road sources, which                 Upper Buffalo. By comparison, light
                                                      4% at Caney Creek and 5% at Upper                       are regulated by national vehicle                     extinction due to Arkansas point
                                                      Buffalo on the 20% worst days in 2018.                  emission standards. Arkansas points out               sources (all pollutant species
                                                      Arkansas’ 2017 Regional Haze SIP                        that the PSAT data show that NO3 from                 considered) was 3.85 Mm¥1 out of total
                                                      revision states that even so, the                       Arkansas point sources contributes less               light extinction of 115.87 Mm¥1 at
                                                      contribution to total light extinction of               than 0.5% of the total light extinction at            Caney Creek and 3.25 Mm¥1 out of total
                                                      SO4 from Arkansas point sources                         Caney Creek and Upper Buffalo on the                  light extinction of 115 Mm¥1 at Upper
                                                      remains relatively small—3% of total                    20% worst days in 2002, and that this                 Buffalo. We also agree that the cost of
                                                      light extinction at each Arkansas Class                 contribution is expected to decrease on               controlling many individual small area
                                                      I area.                                                 the 20% worst days in 2018. Arkansas                  sources may be difficult to quantify, and
                                                      3. Arkansas’ Conclusions Regarding Key                  asserts that the level of visibility                  we are therefore proposing to find that
                                                      Pollutants and Source Category                          impairment due to NO3 from Arkansas                   it is acceptable for Arkansas to choose
                                                      Contributions                                           point sources is miniscule, and that the              not to evaluate area sources for controls
                                                                                                              state therefore does not anticipate that              under reasonable progress in this
                                                         Arkansas asserts that when only                      additional NOX controls on Arkansas                   implementation period. This is
                                                      sources located in Arkansas are                         point sources would yield meaningful                  consistent with EPA’s decision not to
                                                      considered, light extinction due to area                visibility improvements at Arkansas                   conduct a four factor analysis of area
                                                      sources (all pollutant species                          Class I areas. Additionally, Arkansas                 sources under reasonable progress in
                                                      considered) is greater compared to point                points out that Arkansas EGUs with a                  this implementation period in the
                                                      sources for both Caney Creek and Upper                  nameplate capacity of 25 megawatts                    Arkansas Regional Haze FIP.31
                                                      Buffalo on the 20% worst days both in                   (MW) or greater participate in the
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      2002 and in 2018. Even though area                      CSAPR ozone season NOX emissions                        30 See Appendix A of Arkansas’ 2017 Regional

                                                      sources contribute a larger proportion of               trading program. Arkansas notes that the              Haze SIP submittal, which can be found in the
                                                                                                                                                                    docket associated with this proposed rulemaking.
                                                      the total light extinction compared to                  Independence facility’s EGUs                            31 In the FIP we explained that the CENRAP
                                                      other source categories when only                       participate in CSAPR for ozone season                 CAMx modeling with PSAT showed that point
                                                      Arkansas sources are considered,                        NOX and also that the EPA promulgated                 sources are responsible for a majority of the light
                                                      Arkansas asserts that the cost-                         NOX controls for this facility in the                 extinction at Arkansas Class I areas on the 20%
                                                                                                                                                                    worst days in 2002 (this is taking into account all
                                                      effectiveness of controlling many                       Arkansas Regional Haze FIP to ensure                  pollutant species and sources both in and outside
                                                      individual small area sources is difficult              reasonable progress toward improving                  Arkansas). We reasoned that since other source
                                                      to quantify. Therefore, Arkansas did not                visibility. Arkansas makes the                        types (i.e., natural, on-road, non-road, and area)



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                                                                          Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                                   42633

                                                         We agree with Arkansas that the                      Haze SIP revision does not provide a                     Arkansas’ conclusions with regard to
                                                      PSAT results for Arkansas sources show                  discussion of data from the existing                  the percentage contribution to light
                                                      that the relative contribution to light                 visibility monitoring network, the                    extinction from NO3 on the 20% worst
                                                      extinction of SO4 on the 20% worst days                 Interagency Monitoring of Protected                   days is generally consistent with the
                                                      at Arkansas Class I areas is not as great               Visual Environments (IMPROVE)                         findings we made in the Arkansas
                                                      compared to the regional contribution                   monitoring network, we looked at recent               Regional Haze FIP.35 In the FIP, we
                                                      results. However, SO4 is still the species              IMPROVE monitor data to determine the                 made the finding that NO3 from point
                                                      with the largest contribution to light                  level of contribution from NO3 to the                 sources is not considered a driver of
                                                      extinction at Caney Creek and Upper                     monitored light extinction at Caney                   regional haze at Caney Creek and Upper
                                                      Buffalo on the 20% worst days in both                   Creek and Upper Buffalo. The monitor                  Buffalo on the 20% worst days,
                                                      the regional data and the Arkansas                      data show that for the 20% most                       contributing only approximately 3% of
                                                      source data. Therefore, we agree with                   impaired days in 2013–2015, the                       the total light extinction, as projected by
                                                      Arkansas’ identification of SO4 as the                  average contribution of NO3 to total                  CENRAP’s CAMx source apportionment
                                                      key species contributing to light                       extinction (including Rayleigh) was                   modeling.36 We also stated in the FIP
                                                      extinction at Caney Creek and Upper                     approximately 9.43 Mm¥1 out of a total                proposal that because of the small
                                                      Buffalo on the 20% worst days. This is                  average light extinction of 69.13 Mm¥1                contribution of NO3 from point sources
                                                      consistent with our finding in the                      at Caney Creek and 15.25 Mm¥1 out of                  to the total light extinction at Caney
                                                      Arkansas Regional Haze FIP that the                     a total average light extinction of 66.37             Creek and Upper Buffalo on the most
                                                      CENRAP’s CAMx modeling shows that                       Mm¥1 at Upper Buffalo. In terms of                    impaired days, we did not expect that
                                                      SO4 from point sources is the driver of                                                                       NOX controls under the reasonable
                                                                                                              percent contribution, the average
                                                      regional haze at Caney Creek and Upper                                                                        progress requirements would offer as
                                                                                                              contribution of NO3 to total light
                                                      Buffalo on the 20% worst days in both                                                                         much improvement on the most
                                                                                                              extinction was approximately 14% at
                                                      2002 and 2018.32                                                                                              impaired days compared to SO2
                                                         With regard to NOX, we also accept                   Caney Creek and 23% at Upper
                                                                                                              Buffalo.34 This consists of NO3 from all              controls.37 However, in the FIP, we
                                                      Arkansas’ assertion that a very small                                                                         decided to look at 2011 National
                                                      proportion of total light extinction is                 source categories (i.e., point, area, on-
                                                                                                              road, non-road, and natural) and from                 Emissions Inventory (NEI) data for NOX
                                                      due to NO3 from Arkansas sources and                                                                          for Arkansas point sources to determine
                                                      that this is driven by on-road sources.                 all sources, rather than just Arkansas
                                                                                                              sources. By comparison, the monitor                   if there are any large point sources that
                                                      Because on-road sources are primarily                                                                         are reasonable candidates for evaluation
                                                      regulated by national vehicle emission                  data show that the average contribution
                                                                                                              of SO4 to total extinction was                        under the four reasonable progress
                                                      standards. we are proposing to find that                                                                      factors. Based on this assessment, we
                                                      it is reasonable for Arkansas to choose                 approximately 34.21 Mm¥1 out of a
                                                                                                                                                                    proceeded with an analysis of the four
                                                      not to evaluate on-road sources for                     total average light extinction of 69.13
                                                                                                                                                                    reasonable progress factors for NOX
                                                      additional NOX control measures to                      Mm¥1 at Caney Creek and 28.19 Mm¥1
                                                                                                                                                                    controls for the Independence facility as
                                                      address visibility impairment in this                   out of a total average light extinction of
                                                                                                                                                                    we reasoned that it is the second largest
                                                      implementation period. This is                          66.37 Mm¥1 at Upper Buffalo. In terms
                                                                                                                                                                    point source of NOX emissions in the
                                                      consistent with EPA’s decision not to                   of percent contribution, the average
                                                                                                                                                                    state and potentially one of the largest
                                                      conduct a four factor analysis of on-road               contribution of SO4 to total light
                                                                                                                                                                    single contributors to visibility
                                                      mobile sources under reasonable                         extinction was approximately 50% at
                                                                                                                                                                    impairment at Class I areas in
                                                      progress in this implementation period                  Caney Creek and 43% at Upper Buffalo
                                                                                                                                                                    Arkansas.38 We also conducted
                                                      in the Arkansas Regional Haze FIP.33                    on the 20% most impaired days in
                                                                                                                                                                    CALPUFF modeling to determine the
                                                         Arkansas points out that the PSAT                    2013–2015. Based on the CENRAP
                                                                                                                                                                    maximum 98th percentile visibility
                                                      data show that NO3 from Arkansas point                  PSAT data discussed above, we expect                  impacts from the Independence facility
                                                      sources contributes less than 0.5% of                   that a large proportion of NO3 from                   and the predicted visibility
                                                      the total light extinction at Caney Creek               Arkansas sources is likely due to on-                 improvement due to NOX controls at the
                                                      and Upper Buffalo on the 20% worst                      road sources and that the average                     facility. That analysis revealed that low
                                                      days in 2002, and that this contribution                percentage contribution of NO3 from                   NOX burner controls would be very
                                                      is expected to decrease on the 20%                      Arkansas point sources at Arkansas                    cost-effective and would result in an
                                                      worst days in 2018. NO3 from Arkansas                   Class I areas is considerably smaller
                                                      point sources contributes 0.36 Mm¥1                                                                           improvement of the 98th percentile
                                                                                                              than 14% at Caney Creek and 23% at                    visibility impacts from the
                                                      out of a total light extinction of 115.87               Upper Buffalo. Taking into
                                                      Mm¥1 at Caney Creek and 0.18 Mm¥1                                                                             Independence facility at Caney Creek
                                                                                                              consideration that states have                        and Upper Buffalo, and we finalized
                                                      out of a total light extinction of 115                  significant discretion in determining
                                                      Mm¥1 at Upper Buffalo on the 20%                                                                              NOX controls for the Independence
                                                                                                              what sources to analyze for controls                  facility under the reasonable progress
                                                      worst days in 2002. Arkansas considers                  under reasonable progress, we are
                                                      this level of visibility impairment due to                                                                    requirements.39
                                                                                                              proposing to find that it is reasonable                  In the July 2017 Regional Haze SIP
                                                      NO3 from Arkansas point sources to be                   for Arkansas to reach the conclusion
                                                      miniscule. Although the 2017 Regional                                                                         revision, Arkansas takes a different, but
                                                                                                              that, for the first implementation period,            nonetheless equally reasonable,
                                                                                                              additional NOX controls for Arkansas                  approach to determine whether
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS




                                                      each contributed a much smaller proportion of the
                                                      total light extinction at each Class I area, it was
                                                                                                              point sources are not anticipated to                  additional controls are necessary under
                                                      appropriate to focus only on point sources in our       yield meaningful visibility                           reasonable progress. In its evaluation,
                                                      reasonable progress analysis for this                   improvements at Arkansas Class I areas                Arkansas places greater emphasis on the
                                                      implementation period. See 80 FR 18944 and 81 FR        in view of the amount of visibility
                                                      66332 at 66336. See also the ‘‘Arkansas Regional
                                                      Haze FIP Response to Comments (RTC) Document,’’         impairment attributed to these sources.                 35 81 FR 66332; see also 81 FR 68319 (October 4,

                                                      pages 71–99.                                                                                                  2016) (correction).
                                                        32 80 FR 18996.                                                                                               36 80 FR 18996.
                                                                                                                34 See Excel spreadsheet titled ‘‘Nitrate_
                                                        33 See 80 FR 18944 and 81 FR 66332 at 66336.                                                                  37 80 FR 18996.
                                                                                                              percentage_extinction_CACR_UPBU.xlsx.’’ This
                                                                                                                                                                      38 80 FR 18995.
                                                      See also the ‘‘Arkansas Regional Haze FIP RTC           spreadsheet is found in the docket associated with
                                                      Document,’’ pages 71–99.                                this proposed rulemaking.                               39 81 FR 66332.




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                                                      42634                 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules

                                                      relative contributions of sources within                 from Arkansas EGUs are addressed                       comments from the FLMs and the
                                                      Arkansas to light extinction at Caney                    through participation in the CSAPR                     MDNR in the final SIP submission.
                                                      Creek and Upper Buffalo rather than the                  ozone season NOX trading program.
                                                                                                                                                                      III. Proposed Action
                                                      relative contributions of all sources both
                                                                                                               C. Required Consultation
                                                      in and outside Arkansas. Arkansas also                                                                          A. Arkansas’ Proposed Regional Haze
                                                      focuses its assessment on the CENRAP’s                      The Regional Haze Rule requires                     SIP Revision
                                                      CAMx source apportionment modeling                       states to provide the designated Federal
                                                                                                               Land Managers (FLMs) with an                              The EPA has made the preliminary
                                                      rather than conducting or relying on                                                                            determination that the July 12, 2017
                                                      CALPUFF modeling, and reaches the                        opportunity for consultation at least 60
                                                                                                               days prior to holding any public hearing               proposed revisions to the Arkansas
                                                      conclusion that, for the first                                                                                  Regional Haze SIP and the request by
                                                      implementation period, additional NOX                    on a SIP revision for regional haze for
                                                                                                               the first implementation period.42                     the State for parallel processing are in
                                                      controls for Arkansas point sources are                                                                         accordance with the CAA and
                                                      not anticipated to yield meaningful                      Arkansas sent letters to the FLMs on
                                                                                                               June 14, 2017, providing notification of               consistent with the CAA and the EPA’s
                                                      visibility improvements at Arkansas
                                                                                                               the proposed SIP revision and providing                rule on regional haze. Therefore, the
                                                      Class I areas on the 20% worst days in
                                                                                                               electronic access to the draft SIP                     EPA proposes to approve the following
                                                      view of the amount of visibility
                                                                                                               revision and related documents.43 The                  revisions to the Arkansas Regional Haze
                                                      impairment attributed to these sources.
                                                                                                               Regional Haze Rule at section                          SIP that were proposed for adoption on
                                                      Additionally, Arkansas points out that
                                                                                                               51.308(d)(3)(i) also provides that if a                July 8, 2017 and submitted for parallel
                                                      the Independence facility and other
                                                                                                               state has emissions that are reasonably                processing on July 12, 2017: the NOX
                                                      EGUs in Arkansas with a nameplate
                                                                                                               anticipated to contribute to visibility                BART requirements for Bailey Unit 1;
                                                      capacity of 25 MW or greater are
                                                                                                               impairment in a Class I area located in                McClellan Unit 1; Flint Creek Boiler No.
                                                      participating in CSAPR for ozone season
                                                                                                               another state, the state must consult                  1; Lake Catherine Unit 4; and White
                                                      NOX.40 Thus, NOX emissions from
                                                                                                               with the other state(s) in order to                    Bluff Units 1 and 2 and the Auxiliary
                                                      Independence and other Arkansas
                                                      sources will be addressed under                          develop coordinated emission                           Boiler, will be satisfied by participation
                                                      reasonable progress through EGU                          management strategies. Since Missouri                  in CSAPR. We cannot finalize today’s
                                                      participation in the CSAPR ozone                         has two Class I areas impacted by                      proposed SIP approval until we finalize
                                                      season NOX trading program. We                           Arkansas sources, Arkansas sent a letter               the November 10, 2016 proposed
                                                      believe that Arkansas is within its                      to the Missouri Department of Natural                  finding that CSAPR continues to be
                                                      discretion to take the approach of                       Resources (MDNR) on June 14, 2017,                     better than BART 45 or otherwise
                                                      focusing on the CENRAP’s CAMx source                     providing notification of the proposed                 determine that participation in CSAPR
                                                      apportionment modeling to help inform                    SIP revision and providing electronic                  remains a viable BART alternative
                                                      its decision regarding whether NOX                       access to the draft SIP revision and                   because such a determination provides
                                                      controls under reasonable progress are                   related documents.44 Arkansas stated it                the basis for Arkansas to rely on CSAPR
                                                      warranted. Given the relatively small                    will consider and respond to any                       participation as an alternative to source
                                                      level of visibility impairment due to                    comments received from the FLMs and                    specific EGU BART for NOX. Given the
                                                      NOX3 from Arkansas point sources at                      from the MDNR on the proposed SIP                      relatively small level of visibility
                                                      Caney Creek and Upper Buffalo on the                     revision before finalizing and                         impairment due to NO3 from Arkansas
                                                      20% worst days and considering that                      submitting the final SIP revision to EPA.              point sources at Caney Creek and Upper
                                                      Arkansas EGUs are participating in                          We are proposing to find that                       Buffalo and considering that Arkansas
                                                      CSAPR for ozone season NOX, we are                       Arkansas has provided an opportunity                   EGUs are participating in CSAPR for
                                                      proposing to find that Arkansas’                         for consultation to the FLMs and to the                ozone season NOX, we are proposing to
                                                      decision to screen out Arkansas point                    MDNR on the proposed SIP revision, as                  find that Arkansas’ decision not to
                                                      sources from further evaluation of                       required under section 51.308(i)(2) and                conduct further analysis of additional
                                                      additional NOX controls is reasonable                    51.308(d)(3)(i). Our final determination               NOX controls for Arkansas sources is
                                                      and we are proposing to approve                          with respect to Arkansas’ satisfaction of              reasonable and we are proposing to
                                                      Arkansas’ determination that Arkansas                    the consultation requirements under the                approve Arkansas’ determination that
                                                      EGU participation in CSAPR for ozone                     Regional Haze Rule will be contingent                  Arkansas EGU participation in CSAPR
                                                      season NOX is sufficient to satisfy the                  upon Arkansas’ appropriate                             for ozone season NOX is sufficient to
                                                      reasonable progress requirements for                     consideration and responses to                         satisfy the reasonable progress
                                                      NOX in Arkansas for the first                                                                                   requirements for NOX in Arkansas for
                                                      implementation period. We find that
                                                                                                                 42 On January 10, 2017, the EPA revised the
                                                                                                                                                                      the first implementation period.
                                                                                                               Regional Haze Rule, including the FLM                     The EPA is proposing this action in
                                                      Arkansas has addressed our concerns                      consultation requirements at 40 CFR 51.308(i)(2).
                                                      presented in our final partial                           See 82 FR 3078. However, these revisions to the        parallel with the state’s rulemaking
                                                      disapproval 41 of the 2008 Regional                      Regional Haze Rule are intended to address             process. We cannot take a final action
                                                      Haze SIP revision with respect to                        requirements for the second implementation period      until the state completes its rulemaking
                                                                                                               rather than the first implementation period;           process, adopts its final regulations, and
                                                      reasonable progress for NOX by                           Arkansas’ 2017 Regional Haze SIP revision
                                                      providing additional analysis that                       addresses regional haze requirements for the first     submits these final adopted regulations
                                                      shows that NOX emissions are not the                     implementation period. For the first                   as a revision to the Arkansas SIP. If
                                                                                                                                                                      during the response to comments
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                                                      driver of regional haze on the 20%                       implementation period, the Regional Haze Rule
                                                                                                               required states to provide the FLMs with an            process, the final SIP revision is
                                                      worst days in Arkansas Class I areas and                 opportunity for consultation, in person and at least
                                                      that further analysis of additional NOX                  60 days prior to holding any public hearing on an      changed significantly from the proposed
                                                      controls for Arkansas sources under                      implementation plan (or plan revision) for regional    SIP revision upon which the EPA
                                                      reasonable progress is therefore not                     haze. See 64 FR 35714, at 35769.                       proposed, the EPA may have to
                                                                                                                 43 See Tab D of the 2017 Arkansas Regional Haze
                                                      warranted for the first implementation                                                                          withdraw our initial proposed rule and
                                                                                                               SIP revision, which can be found in the docket
                                                      period considering that NOX emissions                    associated with this rulemaking.
                                                                                                                                                                      re-propose based on the final SIP
                                                                                                                 44 See Tab D of the 2017 Arkansas Regional Haze      submittal.
                                                        40 81   FR 74504.                                      SIP revision, which can be found in the docket
                                                        41 77   FR 14604.                                      associated with this rulemaking.                        45 81   FR 78954.



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                                                                           Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                           42635

                                                      B. Partial FIP Withdrawal                               progress than BART.49 Based on that                   interfere with attainment and
                                                         We are proposing to withdraw those                   assessment, the EPA proposed in the                   maintenance of the NAAQS. We are not
                                                      portions of the Arkansas Regional Haze                  November 10, 2016 action that states                  aware of any basis for concluding or
                                                      FIP at 40 CFR 52.173 that impose NOX                    may continue to rely on CSAPR as being                demonstrating that Arkansas’ July 2017
                                                      requirements on Bailey Unit 1;                          better than BART on a pollutant-specific              Regional Haze SIP revision, when
                                                      McClellan Unit 1; Flint Creek Boiler No.                basis. As such, Arkansas now has the                  implemented, would interfere with the
                                                                                                              option to propose to rely on compliance               maintenance of the NAAQS in
                                                      1; Lake Catherine Unit 4; White Bluff
                                                                                                              with CSAPR to satisfy the NOX BART                    Arkansas.
                                                      Units 1 and 2 and the Auxiliary Boiler;
                                                                                                              requirement for EGUs. Finalization of
                                                      and Independence Units 1 and 2.46 We                                                                          IV. Statutory and Executive Order
                                                                                                              EPA’s November 10, 2016, proposed
                                                      are proposing that these portions of the                                                                      Reviews
                                                                                                              finding that CSAPR continues to be
                                                      FIP will be replaced by the July 2017                                                                            Under the CAA, the Administrator is
                                                                                                              better than BART 50 or EPA otherwise
                                                      Regional Haze SIP revision that we are                                                                        required to approve a SIP submission
                                                                                                              determining that CSAPR remains a
                                                      proposing to approve in this action.                                                                          that complies with the provisions of the
                                                                                                              viable BART alternative will provide the
                                                      C. Clean Air Act Section 110(l)                         basis for Arkansas to rely on CSAPR                   Act and applicable Federal regulations.
                                                                                                              participation as an alternative to source             42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                         Section 110(l) of the CAA states that
                                                                                                              specific EGU BART for NOX.                            Thus, in reviewing SIP submissions, the
                                                      ‘‘[t]he Administrator shall not approve a
                                                                                                                 With regard to reasonable progress,                EPA’s role is to approve state choices,
                                                      revision of a plan if the revision would                Arkansas has provided an analysis of                  provided that they meet the criteria of
                                                      interfere with any applicable                           anthropogenic sources of visibility                   the CAA. Accordingly, this action
                                                      requirement concerning attainment and                   impairment and arrived at the                         merely proposes to approve state law as
                                                      reasonable further progress or any other                determination that Arkansas EGU                       meeting Federal requirements and does
                                                      applicable requirement of this                          participation in CSAPR for ozone season               not impose additional requirements
                                                      chapter.’’ 47 EPA does not interpret                    NOX is sufficient to satisfy the                      beyond those imposed by state law. For
                                                      section 110(l) to require a full                        reasonable progress requirements for                  that reason, this action:
                                                      attainment or maintenance                               NOX in Arkansas for the first                            • Is not a ‘‘significant regulatory
                                                      demonstration before any changes to a                   implementation period. The                            action’’ subject to review by the Office
                                                      SIP may be approved. Generally, a SIP                   Independence facility, on which the FIP               of Management and Budget under
                                                      revision may be approved under section                  imposed NOX controls under the                        Executive Orders 12866 (58 FR 51735,
                                                      110(l) if EPA finds that it will at least               reasonable progress requirements, is                  October 4, 1993) and 13563 (76 FR 3821,
                                                      preserve status quo air quality,                        subject to CSAPR for ozone season NOX.                January 21, 2011);
                                                      particularly where the pollutants at                    Even though we are withdrawing the                       • Does not impose an information
                                                      issue are those for which an area has not               source-specific NOX controls in the FIP               collection burden under the provisions
                                                      been designated nonattainment.                          for the Independence facility, its NOX                of the Paperwork Reduction Act (44
                                                         We do not believe an approval of the                 emissions will still be addressed under               U.S.C. 3501 et seq.);
                                                      2017 Regional Haze SIP revision, as                     the reasonable progress requirements                     • Is certified as not having a
                                                      proposed, will interfere with CAA                       through participation in the CSAPR                    significant economic impact on a
                                                      requirements for BART or reasonable                     ozone season NOX emissions trading                    substantial number of small entities
                                                      progress because all areas in the state                 program.                                              under the Regulatory Flexibility Act (5
                                                      are designated as attainment for all                       We also believe that approval of the               U.S.C. 601 et seq.);
                                                      NAAQS, and our proposal is supported                    submitted SIP revision will not interfere                • Does not contain any unfunded
                                                      by an evaluation that those CAA                         with attainment and maintenance of the                mandate or significantly or uniquely
                                                      requirements are met. The SIP replaces                  NAAQS within the state of Arkansas.                   affect small governments, as described
                                                      federal determinations for source                       No areas in Arkansas are currently                    in the Unfunded Mandates Reform Act
                                                      specific NOX emission limits for BART                   designated nonattainment for any                      of 1995 (Pub. L. 104–4);
                                                      EGUs in Arkansas. Following                             NAAQS pollutants. The SIP revision we                    • Does not have Federalism
                                                      promulgation of the FIP, EPA finalized                  are proposing to approve would allow                  implications as specified in Executive
                                                      an update to the CSAPR rule on October                  Arkansas to rely on compliance with                   Order 13132 (64 FR 43255, August 10,
                                                      26, 2016, that addresses the 1997 ozone                 CSAPR to satisfy the NOX BART                         1999);
                                                      NAAQS portion of the remand and the                     requirement for Arkansas EGUs as well                    • Is not an economically significant
                                                      CAA requirements addressing interstate                  as the reasonable progress requirements               regulatory action based on health or
                                                      transport for the 2008 ozone NAAQS.48                   for NOX. Additionally, the CSAPR 2018                 safety risks subject to Executive Order
                                                      On November 10, 2016, EPA proposed                      NOX ozone season allocations for                      13045 (62 FR 19885, April 23, 1997);
                                                      a rule intended to address the remainder                Arkansas sources are more stringent                      • Is not a significant regulatory action
                                                      of the court’s remand, which also                       than the 2017 allocations. As all areas               subject to Executive Order 13211 (66 FR
                                                      included an assessment of the impacts                   are attaining the NAAQS even with                     28355, May 22, 2001);
                                                      of the set of actions that the EPA has                  current emissions levels, reductions in                  • Is not subject to requirements of
                                                      taken or expects to take in response to                 those levels as a result of compliance                section 12(d) of the National
                                                      the D.C. Circuit’s remand on our 2012                   with the 2018 NOX ozone season                        Technology Transfer and Advancement
                                                      demonstration that participation in                                                                           Act of 1995 (15 U.S.C. 272 note) because
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                                                                                                              allocations will not interfere with
                                                      CSAPR provides for greater reasonable                   attainment. Therefore, we do not deem                 this action does not involve technical
                                                                                                              this to be an instance where a full                   standards; and
                                                         46 The proposed amendatory language for this         attainment or maintenance                                • Does not provide EPA with the
                                                      proposed revision of the earlier promulgated FIP is     demonstration is needed to bolster our                discretionary authority to address, as
                                                      set forth at the end of this proposal. If the action                                                          appropriate, disproportionate human
                                                      is finalized as proposed, the final action will also
                                                                                                              determination that approval of the
                                                      present additional amendatory language reflecting       submitted SIP revision would not                      health or environmental effects, using
                                                      our approval of the submitted SIP revision.                                                                   practicable and legally permissible
                                                         47 42 U.S.C. 7410(l).                                  49 81   FR 78954.                                   methods, under Executive Order 12898
                                                         48 81 FR74504.                                         50 81   FR 78954.                                   (59 FR 7629, February 16, 1994).


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                                                      42636               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules

                                                         In addition, the SIP is not approved                    Dated: August 29, 2017.                             ■ b. Removing paragraphs (c)(13) and
                                                      to apply on any Indian reservation land                  Samuel Coleman,                                       (14)
                                                      or in any other area where EPA or an                     Acting Regional Administrator, Region 6.              ■ c. Redesignating paragraphs (c)(15)
                                                      Indian tribe has demonstrated that a                                                                           through (29) as paragraphs (c)(13)
                                                      tribe has jurisdiction. In those areas of                  Title 40, chapter I, of the Code of
                                                                                                               Federal Regulations is proposed to be                 through (27) and
                                                      Indian country, the proposed rule does
                                                      not have tribal implications and will not                amended as follows:                                   ■ d. Revising redesignated paragraphs
                                                      impose substantial direct costs on tribal                                                                      (c)(14), (15), (17), (18), (20), (21), (22),
                                                                                                               PART 52—APPROVAL AND                                  (23) and (24)
                                                      governments or preempt tribal law as                     PROMULGATION OF
                                                      specified by Executive Order 13175 (65                   IMPLEMENTATION PLANS                                     Revisions to read as follows:
                                                      FR 67249, November 9, 2000).
                                                                                                               ■ 1. The authority citation for part 52               § 52.173   Visibility protection.
                                                      List of Subjects in 40 CFR Part 52
                                                                                                               continues to read as follows:                         *      *    *     *    *
                                                        Air pollution control, Best available
                                                      retrofit technology, Environmental                           Authority: 42 U.S.C. 7401 et seq.                    (c) * * *
                                                      protection, Incorporation by reference,                                                                           (3) Emissions limitations for AECC
                                                                                                               Subpart E—Arkansas
                                                      Intergovernmental relations, Nitrogen                                                                          Bailey Unit 1 and AECC McClellan Unit
                                                      dioxide, Ozone, Regional haze,                           ■ 2. Section 52.173 is amended by:                    1. The individual SO2 and PM emission
                                                      Reporting and recordkeeping                              ■ a. Revising paragraphs (c)(3) through               limits for each unit are as listed in the
                                                      requirements, Visibility.                                (10) and (c)(12)                                      following table.

                                                                   Unit                                         SO2 emission limit                                              PM emission limit

                                                      AECC Bailey Unit 1 .............      Use of fuel with a sulfur content limit of 0.5% by weight       Use of fuel with a sulfur content limit of 0.5% by weight.
                                                      AECC McClellan Unit 1 .......         Use of fuel with a sulfur content limit of 0.5% by weight       Use of fuel with a sulfur content limit of 0.5% by weight.



                                                         (4) Compliance dates for AECC Bailey                  Units 1 and 2. The individual SO2                operating-day shall be determined by
                                                      Unit 1 and AECC McClellan Unit. The                      emission limits for each unit are as             adding together all hourly heat inputs,
                                                      owner or operator of each unit must                      listed in the following table, as specified      in millions of BTU. Each boiler-
                                                      comply with the SO2 and PM                               in pounds per million British thermal            operating-day of the 30-day rolling
                                                      requirements listed in paragraph (c)(3)                  units (lb/MMBtu). The SO2 emission               average for a unit shall be determined
                                                      of this section by October 27, 2021. As                  limits of 0.06 lb/MMBtu are on a rolling         by adding together the pounds of SO2
                                                      of October 27, 2016, the owner or                        30 boiler-operating-day averaging                from that day and the preceding 29
                                                      operator of each unit shall not purchase                 period.                                          boiler-operating-days and dividing the
                                                      fuel for combustion at the unit that does                                                                 total pounds of SO2 by the sum of the
                                                      not meet the sulfur content limit in                                                      SO2 emission heat input during the same 30 boiler-
                                                      paragraph (c)(3) of this section. The                                 Unit                     limit      operating-day period. The result shall be
                                                                                                                                                 (lb/MMBtu)
                                                      owner or operator of each unit must                                                                       the 30 boiler-operating-day rolling
                                                      comply with the requirement in                           AEP Flint Creek Unit 1 .........            0.06 average in terms of lb/MMBtu emissions
                                                      paragraph (c)(3) of this section to burn                 Entergy White Bluff Unit 1 ....             0.06 of SO2. If a valid SO2 pounds per hour
                                                      only fuel with a sulfur content limit of                 Entergy White Bluff Unit 2 ....             0.06 or heat input is not available for any
                                                      0.5% by weight by October 27, 2021.                                                                       hour for a unit, that heat input and SO2
                                                         (5) Compliance determination and                         (7) Compliance dates for AEP Flint            pounds per hour shall not be used in the
                                                      reporting and recordkeeping                              Creek Unit 1 and Entergy White Bluff             calculation of the 30 boiler-operating-
                                                      requirements for AECC Bailey Unit 1                      Units 1 and 2. The owner or operator of day rolling average for SO2. For each
                                                      and AECC McClellan Unit for SO2 and                      AEP Flint Creek Unit 1 must comply               day, records of the total SO2 emitted
                                                      PM. To determine compliance with the                     with the SO2 emission limit listed in            that day by each emission unit and the
                                                      SO2 and PM requirements listed in                        paragraph (c)(6) of this section by April        sum of the hourly heat inputs for that
                                                      paragraph (c)(3) of this section, the                    27, 2018. The owner or operator of               day must be maintained by the owner or
                                                      owner or operator shall sample and                       White Bluff Units 1 and 2 must comply            operator and made available upon
                                                      analyze each shipment of fuel to                         with the SO2 emission limit listed in            request to EPA and ADEQ
                                                      determine the sulfur content by weight,                  paragraph (c)(6) of this section by              representatives. Records of the 30
                                                      except for natural gas shipments. A                      October 27, 2021.                                boiler-operating-day rolling average for
                                                      ‘‘shipment’’ is considered delivery of                      (8) Compliance determination and              SO2 for each unit as described above
                                                      the entire amount of each order of fuel                  reporting and recordkeeping                      must be maintained by the owner or
                                                      purchased. Fuel sampling and analysis                    requirements for AEP Flint Creek Unit 1 operator for each boiler-operating-day
                                                      may be performed by the owner or                         and Entergy White Bluff Units 1 and 2.           and made available upon request to EPA
                                                      operator of an affected unit, an outside                 (i) For purposes of determining                  and ADEQ representatives.
                                                      laboratory, or a fuel supplier. All                      compliance with the SO2 emission limit             (ii) The owner or operator shall
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                                                      records pertaining to the sampling of                    listed in paragraph (c)(6) of this section       continue to maintain and operate a
                                                      each shipment of fuel as described                       for AEP Flint Creek Unit 1 and with the CEMS for SO2 on the units listed in
                                                      above, including the results of the sulfur               SO2 emission limits listed in paragraph          paragraph (c)(6) of this section in
                                                      content analysis, must be maintained by                  (c)(6) of this section for White Bluff           accordance with 40 CFR 60.8 and
                                                      the owner or operator and made                           Units 1 and 2, the emissions for each            60.13(e), (f), and (h), and appendix B of
                                                      available upon request to EPA and                        boiler-operating-day for each unit shall         part 60. The owner or operator shall
                                                      ADEQ representatives.                                    be determined by summing the hourly              comply with the quality assurance
                                                         (6) Emissions limitations for AEP Flint               emissions measured in pounds of SO2.             procedures for CEMS found in 40 CFR
                                                      Creek Unit 1 and Entergy White Bluff                     For each unit, heat input for each boiler- part 75. Compliance with the emission


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                                                                                Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                                                         42637

                                                      limits for SO2 shall be determined by                                 minute period. Hourly averages shall be                               hour emission data are not obtained
                                                      using data from a CEMS.                                               computed using at least one data point                                because of continuous monitoring
                                                        (iii) Continuous emissions monitoring                               in each fifteen-minute quadrant of an                                 system breakdowns, repairs, calibration
                                                      shall apply during all periods of                                     hour. Notwithstanding this requirement,                               checks, or zero and span adjustments,
                                                      operation of the units listed in                                      an hourly average may be computed                                     emission data must be obtained by using
                                                      paragraph (c)(6) of this section,                                     from at least two data points separated                               other monitoring systems approved by
                                                      including periods of startup, shutdown,                               by a minimum of 15 minutes (where the                                 the EPA to provide emission data for a
                                                      and malfunction, except for CEMS                                      unit operates for more than one                                       minimum of 18 hours in each 24-hour
                                                      breakdowns, repairs, calibration checks,                              quadrant in an hour) if data are                                      period and at least 22 out of 30
                                                      and zero and span adjustments.                                        unavailable as a result of performance of                             successive boiler operating days.
                                                      Continuous monitoring systems for                                     calibration, quality assurance,                                         (9) Emissions limitations for Entergy
                                                      measuring SO2 and diluent gas shall                                   preventive maintenance activities, or                                 White Bluff Auxiliary Boiler. The
                                                      complete a minimum of one cycle of                                    backups of data from data acquisition                                 individual SO2 and PM emission limits
                                                      operation (sampling, analyzing, and                                   and handling system, and recertification                              for the unit are as listed in the following
                                                      data recording) for each successive 15-                               events. When valid SO2 pounds per                                     table in pounds per hour (lb/hr).

                                                                                                                                                                                                                       SO2 emission   PM emission
                                                                                                                                  Unit                                                                                     limit         limit
                                                                                                                                                                                                                          (lb/hr)       (lb/hr)

                                                      Entergy White Bluff Auxiliary Boiler .........................................................................................................................      105.2           4.5



                                                         (10) Compliance dates for Entergy                                  operator and made available upon                                      representatives. Records of the 30
                                                      White Bluff Auxiliary Boiler. The owner                               request to EPA and ADEQ                                               boiler-operating-day rolling averages for
                                                      or operator of the unit must comply                                   representatives. SO2 emissions resulting                              SO2 as described in this paragraph
                                                      with the SO2 and PM emission limits                                   from combustion of bark shall be                                      (c)(15)(i) must be maintained by the
                                                      listed in paragraph (c)(9) of this section                            determined by using the following site-                               owner or operator for each boiler-
                                                      by October 27, 2016.                                                  specific curve equation, which accounts                               operating-day and made available upon
                                                      *     *     *     *     *                                             for the SO2 scrubbing capabilities of                                 request to EPA and ADEQ
                                                         (12) Emissions limitations for Entergy                             bark combustion:                                                      representatives.
                                                      Lake Catherine Unit 4. The unit must                                  Y= 0.4005 * X ¥ 0.2645                                                   (ii) If the air permit is revised such
                                                                                                                                                                                                  that Power Boiler No. 1 is permitted to
                                                      not burn fuel oil until BART                                          Where:                                                                burn only pipeline quality natural gas,
                                                      determinations are promulgated for the                                Y = pounds of sulfur emitted per ton of dry                           this is sufficient to demonstrate that the
                                                      unit for SO2 and PM for the fuel oil                                      fuel feed to the boiler
                                                                                                                                                                                                  boiler is complying with the SO2
                                                      firing scenario through a FIP and/or                                  X = pounds of sulfur input per ton of dry
                                                                                                                                bark                                                              emission limit under paragraph (c)(13)
                                                      through EPA action upon and approval
                                                                                                                                                                                                  of this section. The compliance
                                                      of revised BART determinations                                           (B) The owner or operator must                                     determination requirements and the
                                                      submitted by the State as a SIP revision.                             confirm the site-specific curve equation                              reporting and recordkeeping
                                                      *     *     *     *     *                                             through stack testing. By October 27,                                 requirements under paragraph (c)(15)(i)
                                                         (14) Compliance dates for Domtar                                   2017, the owner or operator must                                      of this section would not apply and
                                                      Ashdown Mill Power Boiler No. 1. The                                  provide a report to EPA showing                                       confirmation of the accuracy of the site-
                                                      owner or operator of the boiler must                                  confirmation of the site specific-curve                               specific curve equation under paragraph
                                                      comply with the SO2 and NOX emission                                  equation accuracy. Records of the                                     (c)(15)(i)(B) of this section through stack
                                                      limits listed in paragraph (c)(13) of this                            quantity of fuel input to the boiler for                              testing would not be required so long as
                                                      section by November 28, 2016.                                         each fuel type for each day must be                                   Power Boiler No. 1 is only permitted to
                                                         (15) Compliance determination and                                  compiled no later than 15 days after the                              burn pipeline quality natural gas.
                                                      reporting and recordkeeping                                           end of the month and must be                                             (iii) To demonstrate compliance with
                                                      requirements for Domtar Ashdown                                       maintained by the owner or operator                                   the NOX emission limit under paragraph
                                                      Paper Mill Power Boiler No. 1. (i)(A) SO2                             and made available upon request to EPA                                (c)(13) of this section, the owner or
                                                      emissions resulting from combustion of                                and ADEQ representatives. Each boiler-                                operator shall conduct stack testing
                                                      fuel oil shall be determined by assuming                              operating-day of the 30-day rolling                                   using EPA Reference Method 7E once
                                                      that the SO2 content of the fuel                                      average for the boiler must be                                        every 5 years, beginning 1 year from the
                                                      delivered to the fuel inlet of the                                    determined by adding together the                                     effective date of our final rule. Records
                                                      combustion chamber is equal to the SO2                                pounds of SO2 from that boiler-                                       and reports pertaining to the stack
                                                      being emitted at the stack. The owner or                              operating-day and the preceding 29                                    testing must be maintained by the
                                                      operator must maintain records of the                                 boiler-operating-days and dividing the                                owner or operator and made available
                                                      sulfur content by weight of each fuel oil                             total pounds of SO2 by the sum of the                                 upon request to EPA and ADEQ
                                                      shipment, where a ‘‘shipment’’ is                                     total number of boiler operating days                                 representatives.
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                                                      considered delivery of the entire                                     (i.e., 30). The result shall be the 30                                   (iv) If the air permit is revised such
                                                      amount of each order of fuel purchased.                               boiler-operating-day rolling average in                               that Power Boiler No. 1 is permitted to
                                                      Fuel sampling and analysis may be                                     terms of lb/day emissions of SO2.                                     burn only pipeline quality natural gas,
                                                      performed by the owner or operator, an                                Records of the total SO2 emitted for each                             the owner or operator may demonstrate
                                                      outside laboratory, or a fuel supplier.                               day must be compiled no later than 15                                 compliance with the NOX emission
                                                      All records pertaining to the sampling of                             days after the end of the month and                                   limit under paragraph (c)(13) of this
                                                      each shipment of fuel oil, including the                              must be maintained by the owner or                                    section by calculating NOX emissions
                                                      results of the sulfur content analysis,                               operator and made available upon                                      using fuel usage records and the
                                                      must be maintained by the owner or                                    request to EPA and ADEQ                                               applicable NOX emission factor under


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                                                      42638               Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules

                                                      AP–42, Compilation of Air Pollutant                     boiler, that NOX pounds per hour shall                boiler is complying with the SO2
                                                      Emission Factors, section 1.4, Table                    not be used in the calculation of the 30              emission limit under paragraph (c)(16)
                                                      1.4–1. Records of the quantity of natural               boiler-operating-day rolling average for              of this section. Under these
                                                      gas input to the boiler for each day must               NOX. For each day, records of the total               circumstances, the compliance
                                                      be compiled no later than 15 days after                 SO2 and NOX emitted for that day by the               determination requirements under
                                                      the end of the month and must be                        boiler must be maintained by the owner                paragraphs (c)(18)(i) through (iii) of this
                                                      maintained by the owner or operator                     or operator and made available upon                   section would not apply to the SO2
                                                      and made available upon request to EPA                  request to EPA and ADEQ                               emission limit listed in paragraph
                                                      and ADEQ representatives. Records of                    representatives. Records of the 30                    (c)(16) of this section.
                                                      the calculation of NOX emissions for                    boiler-operating-day rolling average for                 (v) If the air permit is revised such
                                                      each day must be compiled no later than                 SO2 and NOX for the boiler as described               that Power Boiler No. 2 is permitted to
                                                      15 days after the end of the month and                  above must be maintained by the owner                 burn only pipeline quality natural gas
                                                      must be maintained by the owner or                      or operator for each boiler-operating-day             and the operation of the CEMS is not
                                                      operator and made available upon                        and made available upon request to EPA                required under other applicable
                                                      request to EPA and ADEQ                                 and ADEQ representatives.                             requirements, the owner or operator
                                                      representatives. Each boiler-operating-                    (ii) The owner or operator shall                   may demonstrate compliance with the
                                                      day of the 30-day rolling average for the               continue to maintain and operate a                    NOX emission limit under paragraph
                                                      boiler must be determined by adding                     CEMS for SO2 and NOX on the boiler                    (c)(16) of this section by calculating
                                                      together the pounds of NOX from that                    listed in paragraph (c)(16) of this section           NOX emissions using fuel usage records
                                                      day and the preceding 29 boiler-                        in accordance with 40 CFR 60.8 and                    and the applicable NOX emission factor
                                                      operating-days and dividing the total                   60.13(e), (f), and (h), and appendix B of             under AP–42, Compilation of Air
                                                      pounds of NOX by the sum of the total                   part 60. The owner or operator shall                  Pollutant Emission Factors, section 1.4,
                                                      number of hours during the same 30                      comply with the quality assurance                     Table 1.4–1. Records of the quantity of
                                                      boiler-operating-day period. The result                 procedures for CEMS found in 40 CFR                   natural gas input to the boiler for each
                                                      shall be the 30 boiler-operating-day                    part 60. Compliance with the emission                 day must be compiled no later than 15
                                                      rolling average in terms of lb/hr                       limits for SO2 and NOX shall be                       days after the end of the month and
                                                      emissions of NOX. Records of the 30                     determined by using data from a CEMS.                 must be maintained by the owner or
                                                      boiler-operating-day rolling average for                   (iii) Continuous emissions monitoring              operator and made available upon
                                                      NOX must be maintained by the owner                     shall apply during all periods of                     request to EPA and ADEQ
                                                      or operator for each boiler-operating-day               operation of the boiler listed in                     representatives. Records of the
                                                      and made available upon request to EPA                  paragraph (c)(16) of this section,                    calculation of NOX emissions for each
                                                      and ADEQ representatives. Under these                   including periods of startup, shutdown,
                                                                                                                                                                    day must be compiled no later than 15
                                                                                                              and malfunction, except for CEMS
                                                      circumstances, the compliance                                                                                 days after the end of the month and
                                                                                                              breakdowns, repairs, calibration checks,
                                                      determination requirements and the                                                                            must be maintained and made available
                                                                                                              and zero and span adjustments.
                                                      reporting and recordkeeping                                                                                   upon request to EPA and ADEQ
                                                                                                              Continuous monitoring systems for
                                                      requirements under paragraph                                                                                  representatives. Each boiler-operating-
                                                                                                              measuring SO2 and NOX and diluent gas
                                                      (c)(15)(iii) of this section would not                                                                        day of the 30-day rolling average for the
                                                                                                              shall complete a minimum of one cycle
                                                      apply.                                                                                                        boiler must be determined by adding
                                                                                                              of operation (sampling, analyzing, and
                                                      *     *      *      *     *                                                                                   together the pounds of NOX from that
                                                                                                              data recording) for each successive 15-
                                                         (17) SO2 and NOX Compliance dates                                                                          day and the preceding 29 boiler-
                                                                                                              minute period. Hourly averages shall be
                                                      for Domtar Ashdown Mill Power Boiler                                                                          operating-days and dividing the total
                                                                                                              computed using at least one data point
                                                      No. 2. The owner or operator of the                     in each fifteen-minute quadrant of an                 pounds of NOX by the sum of the total
                                                      boiler must comply with the SO2 and                     hour. Notwithstanding this requirement,               number of hours during the same 30
                                                      NOX emission limits listed in paragraph                 an hourly average may be computed                     boiler-operating-day period. The result
                                                      (c)(16) of this section by October 27,                  from at least two data points separated               shall be the 30 boiler-operating-day
                                                      2021.                                                   by a minimum of 15 minutes (where the                 rolling average in terms of lb/hr
                                                         (18) SO2 and NOX Compliance                          unit operates for more than one                       emissions of NOX. Records of the 30
                                                      determination and reporting and                         quadrant in an hour) if data are                      boiler-operating-day rolling average for
                                                      recordkeeping requirements for Domtar                   unavailable as a result of performance of             NOX must be maintained by the owner
                                                      Ashdown Mill Power Boiler No. 2. (i)                    calibration, quality assurance,                       or operator for each boiler-operating-day
                                                      NOX and SO2 emissions for each day                      preventive maintenance activities, or                 and made available upon request to EPA
                                                      shall be determined by summing the                      backups of data from data acquisition                 and ADEQ representatives. Under these
                                                      hourly emissions measured in pounds                     and handling system, and recertification              circumstances, the compliance
                                                      of NOX or pounds of SO2. Each boiler-                   events. When valid SO2 or NOX pounds                  determination requirements under
                                                      operating-day of the 30-day rolling                     per hour emission data are not obtained               paragraphs (c)(18)(i) through (iii) of this
                                                      average for the boiler shall be                         because of continuous monitoring                      section would not apply to the NOX
                                                      determined by adding together the                       system breakdowns, repairs, calibration               emission limit.
                                                      pounds of NOX or SO2 from that day                      checks, or zero and span adjustments,                 *      *      *     *     *
                                                      and the preceding 29 boiler-operating-                  emission data must be obtained by using                  (20) PM compliance dates for Domtar
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                                                      days and dividing the total pounds of                   other monitoring systems approved by                  Ashdown Mill Power Boiler No. 2. The
                                                      NOX or SO2 by the sum of the total                      the EPA to provide emission data for a                owner or operator of the boiler must
                                                      number of hours during the same 30                      minimum of 18 hours in each 24-hour                   comply with the PM BART requirement
                                                      boiler-operating-day period. The result                 period and at least 22 out of 30                      listed in paragraph (c)(19) of this section
                                                      shall be the 30 boiler-operating-day                    successive boiler operating days.                     by November 28, 2016.
                                                      rolling average in terms of lb/hr                          (iv) If the air permit is revised such                (21) Alternative PM Compliance
                                                      emissions of NOX or SO2. If a valid NOX                 that Power Boiler No. 2 is permitted to               Determination for Domtar Ashdown
                                                      pounds per hour or SO2 pounds per                       burn only pipeline quality natural gas,               Paper Mill Power Boiler No. 2. If the air
                                                      hour is not available for any hour for the              this is sufficient to demonstrate that the            permit is revised such that Power Boiler


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                                                                          Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Proposed Rules                                                  42639

                                                      No. 2 is permitted to burn only pipeline                  Each boiler-operating-day of the thirty-             operation of the units listed in
                                                      quality natural gas, this is sufficient to                day rolling average for a unit shall be              paragraph (c)(22) of this section,
                                                      demonstrate that the boiler is complying                  determined by adding together the                    including periods of startup, shutdown,
                                                      with the PM BART requirement under                        pounds of SO2 from that day and the                  and malfunction, except for CEMS
                                                      paragraph (c)(19) of this section.                        preceding 29 boiler-operating-days and               breakdowns, repairs, calibration checks,
                                                        (22) Emissions limitations for Entergy                  dividing the total pounds of SO2 by the              and zero and span adjustments.
                                                      Independence Units 1 and 2. The                           sum of the heat input during the same                Continuous monitoring systems for
                                                      individual emission limits for each unit                  30 boiler-operating-day period. The                  measuring SO2 and diluent gas shall
                                                      are as listed in the following table in                   result shall be the 30 boiler-operating-             complete a minimum of one cycle of
                                                      pounds per million British thermal                        day rolling average in terms of lb/
                                                                                                                                                                     operation (sampling, analyzing, and
                                                      units (lb/MMBtu). The SO2 emission                        MMBtu emissions of SO2. If a valid SO2
                                                                                                                                                                     data recording) for each successive 15-
                                                      limits listed in the table as lb/MMBtu                    pounds per hour or heat input is not
                                                                                                                available for any hour for a unit, that              minute period. Hourly averages shall be
                                                      are on a rolling 30 boiler-operating-day                                                                       computed using at least one data point
                                                      averaging period.                                         heat input and SO2 pounds per hour
                                                                                                                shall not be used in the calculation of              in each fifteen-minute quadrant of an
                                                                                            SO2 emission        the applicable 30 boiler-operating-days              hour. Notwithstanding this requirement,
                                                                   Unit                          limit          rolling average. For each day, records of            an hourly average may be computed
                                                                                             (lb/MMBtu)         the total SO2 emitted that day by each               from at least two data points separated
                                                                                                                emission unit and the sum of the hourly              by a minimum of 15 minutes (where the
                                                      Entergy Independence Unit 1                        0.06                                                        unit operates for more than one
                                                      Entergy Independence Unit 2                        0.06
                                                                                                                heat inputs for that day must be
                                                                                                                maintained by the owner or operator                  quadrant in an hour) if data are
                                                                                                                and made available upon request to EPA               unavailable as a result of performance of
                                                         (23) Compliance dates for Entergy
                                                                                                                and ADEQ representatives. Records of                 calibration, quality assurance,
                                                      Independence Units 1 and 2. The owner
                                                                                                                the 30 boiler-operating-day rolling                  preventive maintenance activities, or
                                                      or operator of each unit must comply
                                                                                                                average for each unit as described above             backups of data from data acquisition
                                                      with the SO2 emission limits in
                                                                                                                must be maintained by the owner or                   and handling system, and recertification
                                                      paragraph (c)(22) of this section by                      operator for each boiler-operating-day
                                                      October 27, 2021.                                                                                              events. When valid SO2 pounds per
                                                                                                                and made available upon request to EPA               hour emission data are not obtained
                                                         (24) Compliance determination and                      and ADEQ representatives.
                                                      reporting and recordkeeping                                                                                    because of continuous monitoring
                                                                                                                  (ii) The owner or operator shall
                                                      requirements for Entergy Independence                                                                          system breakdowns, repairs, calibration
                                                                                                                continue to maintain and operate a
                                                      Units 1 and 2. (i) For purposes of                                                                             checks, or zero and span adjustments,
                                                                                                                CEMS for SO2 on the units listed in
                                                      determining compliance with the SO2                       paragraph (c)(22) in accordance with 40              emission data must be obtained by using
                                                      emissions limit listed in paragraph                       CFR 60.8 and 60.13(e), (f), and (h), and             other monitoring systems approved by
                                                      (c)(22) of this section for each unit, the                appendix B of part 60. The owner or                  the EPA to provide emission data for a
                                                      SO2 emissions for each boiler-operating-                  operator shall comply with the quality               minimum of 18 hours in each 24-hour
                                                      day shall be determined by summing                        assurance procedures for CEMS found                  period and at least 22 out of 30
                                                      the hourly emissions measured in                          in 40 CFR part 75. Compliance with the               successive boiler operating days.
                                                      pounds of SO2. For each unit, heat input                  emission limits for SO2 shall be                     *     *     *    *     *
                                                      for each boiler-operating-day shall be                    determined by using data from a CEMS.                [FR Doc. 2017–18661 Filed 9–8–17; 8:45 am]
                                                      determined by adding together all                           (iii) Continuous emissions monitoring
                                                      hourly heat inputs, in millions of BTU.                   shall apply during all periods of                    BILLING CODE 6560–50–P
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Document Created: 2017-09-09 00:03:54
Document Modified: 2017-09-09 00:03:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before October 11, 2017.
ContactDayana Medina, 214-665-7241, [email protected] To inspect the hard copy materials, please schedule an appointment with Dayana Medina or Mr. Bill Deese at 214- 665-7253.
FR Citation82 FR 42627 
CFR AssociatedAir Pollution Control; Best Available Retrofit Technology; Environmental Protection; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Regional Haze; Reporting and Recordkeeping Requirements and Visibility

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