83 FR 47569 - Approval and Promulgation of Implementation Plans; Arkansas; Interstate Transport Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 183 (September 20, 2018)
Federal Register Volume 83, Issue 183 (September 20, 2018)
| Page Range | 47569-47571 | |
| FR Document | 2018-20480 |
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)] [Rules and Regulations] [Pages 47569-47571] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20480] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2017-0435; FRL-9983-35--Region 6] Approval and Promulgation of Implementation Plans; Arkansas; Interstate Transport Requirements for the 2012 PM2.5 NAAQS and Definition Update AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving portions of the Arkansas State Implementation Plan (SIP) submittal addressing the CAA requirement that SIPs address the potential for interstate transport of air pollution to significantly contribute to nonattainment or interfere with maintenance of the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS) in other states. EPA finds that emissions from Arkansas sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. The EPA is also approving a revision to update incorporation by reference of NAAQS germane to the Arkansas SIP. DATES: This final rule is effective on November 7, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No EPA-R06-OAR-2017-0435. All documents in the docket are listed on the http://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Sherry Fuerst, 214-665-6454, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. We selected a November 7, 2018 effective date for this final rule in order for the CFR to reflect this approval and our August 8, 2018 approval of Arkansas Regulation 19 Chapter 2 (83 FR 38964) which has an effective date of November 6, 2018. I. Background The background for this action is discussed in detail in our June 26, 2018 proposal (83 FR 30622). In that document we proposed to approve portions of Arkansas' State Implementation Plan (SIP) March 24, 2017 submittal, that addresses a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 PM2.5 NAAQS in other states. We proposed to determine that emissions from Arkansas sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. We also proposed to approve updates to that [[Page 47570]] definition of NAAQS and the NAAQS list.\1\ --------------------------------------------------------------------------- \1\ In a separate action we approved other revisions to definitions in the Arkansas SIP (83 FR 38964, August 8, 2018). --------------------------------------------------------------------------- We received four anonymous public comments on the proposed rulemaking action. The comments are posted to the docket (EPA-R06-OAR- 2017-0435). In the first comment, received on July 31, 2018, the commenter discusses the costs of renewable energy in Europe and in the northeast United States. Such comment is irrelevant and is outside the scope of this specific rule making action. In the second comment, received July 31, 2018 the commenter discusses the use of child labor in rare earth mining, and the dangers associated with this type of mining. Such comment is irrelevant and outside the scope of this specific rule making action. In the third comment, received July 31, 2018 the commenter discusses the CO2 emissions produced by forest fires. Such comment is irrelevant and outside the scope of this specific rule making action. In the fourth comment, received on July 31, 2018, the commenter provided personal observations regarding the Administration. Such comments are irrelevant and outside the scope of this specific rule making action. Since these comments are not relevant to the specific action EPA proposed, the EPA will not be responding to these comments or making any changes to our proposed rulemaking. II. Final Action Pursuant to section 110 of the CAA we are approving the following revisions to the Arkansas SIP submitted on March 24, 2017:The portion of the Arkansas SIP submittal, pertaining to interstate transport of air pollution, that establishes emissions from Arkansas will not significantly contribute to nonattainment or interfere with maintenance of the 2012 PM 2.5 NAAQS in any other state.The portion of the Arkansas SIP submittal that revised the definition of NAAQS in Regulation 19, Chapter 2 and revised the entry for ``Particle Pollution, PM 2.5 '' in Regulation 19, Appendix B. We find that emissions from Arkansas sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the revisions to the Arkansas regulations as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 6 Office (please contact Sherry Fuerst, 214-665-6454, [email protected] for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 19, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) [[Page 47571]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter. Dated: September 13, 2018. Anne Idsal, Regional Administrator, Region 6. Therefore, 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart E--Arkansas 0 2. In Sec. 52.170: 0 a. In paragraph (c), the table titled ``EPA-Approved Regulations in the Arkansas SIP'' is amended by revising the entries under Regulation 19 for Chapter 2 and Appendix B; and 0 b. I paragraph (e), the second table titled ``EPA-Approved Non- Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP'' is amended by revising the entry for ``Infrastructure for the 2012 PM 2.5 NAAQS''. The revisions read as follows: Sec. 52.170 Identification of plan. * * * * * (c) * * * EPA-Approved Regulations in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject submittal/ EPA approval date Explanation effective date ---------------------------------------------------------------------------------------------------------------- Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 2: Definitions ---------------------------------------------------------------------------------------------------------------- Chapter 2........................ Definitions........ 3/24/2017 8/8/2018, 83 FR The definition of 38964. VOC was approved on 12/21/2017 (82 FR 60517). The definition of National Ambient Air Quality Standards was approved on 9/20/ 2018, [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Appendix B: National Ambient Air Quality Standards List ---------------------------------------------------------------------------------------------------------------- Appendix B....................... National Ambient 3/24/2017 8/8/2018, 83 FR The revision to Air Quality 38964. Particle Standards List. Pollution, PM2.5 was approved on 9/ 20/2018, [Insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- (e) * * * EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP ---------------------------------------------------------------------------------------------------------------- Applicable State Name of SIP provision geographic or submittal/ EPA approval date Explanation nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure for the 2012 PM2.5 Statewide.......... 3/24/2017 2/14/2018, 83 FR Approval for NAAQS. 6470. 110(a)(2)(A), (B), (C), (D)(i) (portion pertaining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L) and (M). Approval for 110(a)(2)(D)(i)(I) (significant contribution to nonattainment or interfere with maintenance in any other state) on 9/ 20/2018, [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-20480 Filed 9-19-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations 47569
this action must be filed in the United Intergovernmental relations, Lead, Authority: 42 U.S.C. 7401 et seq.
States Court of Appeals for the Nitrogen dioxide, Ozone, Particulate
appropriate circuit by November 19, matter, Reporting and recordkeeping Subpart WW—Washington
2018. Filing a petition for requirements, Sulfur oxides, Volatile
reconsideration by the Administrator of organic compounds. ■ 2. In § 52.2470, table 2 in paragraph
this final rule does not affect the finality Authority: 42 U.S.C. 7401 et seq. (e) is amended by adding the entry for
of this action for the purposes of judicial ‘‘Interstate Transport for the 2015 Ozone
review nor does it extend the time Dated: September 5, 2018.
NAAQS’’ immediately below the entry
within which a petition for judicial Chris Hladick, for ‘‘Interstate Transport for the 2012
review may be filed, and shall not Regional Administrator, Region 10. PM2.5 NAAQS’’ to read as follows:
postpone the effectiveness of such rule For the reasons set forth in the
or action. This action may not be preamble, 40 CFR part 52 is amended as § 52.2470 Identification of plan.
challenged later in proceedings to follows: * * * * *
enforce its requirements (See section
PART 52—APPROVAL AND (e) * * *
307(b)(2)).
PROMULGATION OF
List of Subjects in 40 CFR Part 52 IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Carbon monoxide, ■ 1. The authority citation for part 52
Incorporation by reference, continues to read as follows:
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or State
Name of SIP provision EPA approval date Explanations
nonattainment submittal date
area
* * * * * * *
Interstate Transport for the 2015 Statewide .......... 2/7/2018 9/20/2018, [Insert Federal Reg- This action addresses CAA
Ozone NAAQS. ister citation]. 110(a)(2)(D)(i)(I).
* * * * * * *
[FR Doc. 2018–20389 Filed 9–19–18; 8:45 am] Arkansas sources do not contribute SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P significantly to nonattainment in, or Throughout this document ‘‘we,’’ ‘‘us,’’
interfere with maintenance by, any and ‘‘our’’ means the EPA. We selected
other state with regard to the 2012 PM2.5 a November 7, 2018 effective date for
ENVIRONMENTAL PROTECTION NAAQS. The EPA is also approving a this final rule in order for the CFR to
AGENCY revision to update incorporation by reflect this approval and our August 8,
reference of NAAQS germane to the 2018 approval of Arkansas Regulation
40 CFR Part 52
Arkansas SIP. 19 Chapter 2 (83 FR 38964) which has
[EPA–R06–OAR–2017–0435; FRL–9983– an effective date of November 6, 2018.
35—Region 6] This final rule is effective on
DATES:
November 7, 2018. I. Background
Approval and Promulgation of ADDRESSES: The EPA has established a
Implementation Plans; Arkansas; The background for this action is
docket for this action under Docket ID
Interstate Transport Requirements for discussed in detail in our June 26, 2018
No EPA–R06–OAR–2017–0435. All
the 2012 PM2.5 NAAQS and Definition proposal (83 FR 30622). In that
documents in the docket are listed on
Update document we proposed to approve
the http://www.regulations.gov website.
portions of Arkansas’ State
AGENCY: Environmental Protection Although listed in the index, some
Agency (EPA). information is not publicly available, Implementation Plan (SIP) March 24,
e.g., Confidential Business Information 2017 submittal, that addresses a CAA
ACTION: Final rule.
or other information whose disclosure is requirement that SIPs account for
SUMMARY: Pursuant to the Federal Clean restricted by statute. Certain other potential interstate transport of air
Air Act (CAA or the Act), the material, such as copyrighted material, pollution that significantly contributes
Environmental Protection Agency (EPA) is not placed on the internet and will be to nonattainment or interferes with
is approving portions of the Arkansas publicly available only in hard copy maintenance of the 2012 PM2.5 NAAQS
State Implementation Plan (SIP) form. Publicly available docket in other states. We proposed to
submittal addressing the CAA materials are available either determine that emissions from Arkansas
requirement that SIPs address the electronically through http:// sources do not contribute significantly
potential for interstate transport of air
tkelley on DSKBCP9HB2PROD with RULES2
www.regulations.gov or in hard copy at to nonattainment in, or interfere with
pollution to significantly contribute to the EPA Region 6, 1445 Ross Avenue, maintenance by, any other state with
nonattainment or interfere with regard to the 2012 PM2.5 NAAQS. We
Suite 700, Dallas, Texas 75202–2733.
maintenance of the 2012 fine particulate also proposed to approve updates to that
matter (PM2.5) National Ambient Air FOR FURTHER INFORMATION CONTACT:
Quality Standard (NAAQS) in other Sherry Fuerst, 214–665–6454,
states. EPA finds that emissions from fuerst.sherry@epa.gov.
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![Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations 47571
List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND the entries under Regulation 19 for
PROMULGATION OF Chapter 2 and Appendix B; and
Environmental protection, Air IMPLEMENTATION PLANS ■ b. I paragraph (e), the second table
pollution control, Incorporation by titled ‘‘EPA-Approved Non-Regulatory
reference, Particulate matter. ■ 1. The authority citation for part 52 Provisions and Quasi-Regulatory
Dated: September 13, 2018. continues to read as follows: Measures in the Arkansas SIP’’ is
Anne Idsal, Authority: 42 U.S.C. 7401 et seq. amended by revising the entry for
‘‘Infrastructure for the 2012 PM2.5
Regional Administrator, Region 6.
Subpart E—Arkansas NAAQS’’.
Therefore, 40 CFR part 52 is amended The revisions read as follows:
■ 2. In § 52.170:
as follows: § 52.170 Identification of plan.
■ a. In paragraph (c), the table titled
‘‘EPA-Approved Regulations in the * * * * *
Arkansas SIP’’ is amended by revising (c) * * *
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State
State citation Title/subject submittal/ EPA approval date Explanation
effective date
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
* * * * * * *
Chapter 2: Definitions
Chapter 2 ........................... Definitions ......................... 3/24/2017 8/8/2018, 83 FR 38964 .... The definition of VOC was approved on
12/21/2017 (82 FR 60517). The defi-
nition of National Ambient Air Quality
Standards was approved on 9/20/
2018, [Insert Federal Register cita-
tion].
* * * * * * *
Appendix B: National Ambient Air Quality Standards List
Appendix B ........................ National Ambient Air Qual- 3/24/2017 8/8/2018, 83 FR 38964 .... The revision to Particle Pollution, PM2.5
ity Standards List. was approved on 9/20/2018, [Insert
Federal Register citation].
* * * * * * *
(e) * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
State
Applicable geographic or
Name of SIP provision submittal/ EPA approval date Explanation
nonattainment area effective date
* * * * * * *
Infrastructure for the 2012 Statewide .......................... 3/24/2017 2/14/2018, 83 FR 6470 .... Approval for 110(a)(2)(A), (B), (C),
PM2.5 NAAQS. (D)(i) (portion pertaining to PSD),
(D)(ii), (E), (F), (G), (H), (J), (K), (L)
and (M).
Approval for 110(a)(2)(D)(i)(I) (signifi-
cant contribution to nonattainment or
interfere with maintenance in any
other state) on 9/20/2018, [Insert
Federal Register citation].
tkelley on DSKBCP9HB2PROD with RULES2
[FR Doc. 2018–20480 Filed 9–19–18; 8:45 am]
BILLING CODE 6560–50–P
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Document Created: 2018-09-20 02:08:28
Document Modified: 2018-09-20 02:08:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on November 7, 2018. | |
| Contact | Sherry Fuerst, 214-665-6454, [email protected] | |
| FR Citation | 83 FR 47569 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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