83_FR_6501 83 FR 6470 - Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards

83 FR 6470 - Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6470-6472
FR Document2018-02892

Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Arkansas to address the requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 2006 and 2012 fine particulate matter (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS), 2008 lead (Pb) NAAQS, 2008 ozone (O<INF>3</INF>) NAAQS, 2010 nitrogen dioxide (NO<INF>2</INF>) NAAQS, and the 2010 sulfur dioxide (SO<INF>2</INF>) NAAQS. Under CAA sections 110(a)(1) and 110(a)(2), each state is required to submit a SIP that provides for the implementation, maintenance, and enforcement of a revised primary or secondary NAAQS. CAA sections 110(a)(1) and (2) require each state to make a new SIP submission within three years after EPA promulgates a new or revised NAAQS for approval into the existing federally-approved SIP to assure that the SIP meets the applicable requirements for such new and revised NAAQS. This type of SIP submission is commonly referred to as an ``infrastructure SIP or ``i-SIP.''

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018)
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Rules and Regulations]
[Pages 6470-6472]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02892]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0435; FRL-9973- 23--Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Arkansas; Infrastructure State Implementation Plan Requirements for the 
National Ambient Air Quality Standards

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 State Implementation 
Plan (SIP) revisions submitted by the State of Arkansas to address the 
requirements of sections 110(a)(1) and (2) of the Clean Air Act (CAA or 
Act) for the 2006 and 2012 fine particulate matter (PM2.5) 
National Ambient Air Quality Standards (NAAQS), 2008 lead (Pb) NAAQS, 
2008 ozone (O3) NAAQS, 2010 nitrogen dioxide 
(NO2) NAAQS, and the 2010 sulfur dioxide (SO2) 
NAAQS. Under CAA sections 110(a)(1) and 110(a)(2), each state is 
required to submit a SIP that provides for the implementation, 
maintenance, and enforcement of a revised primary or secondary NAAQS. 
CAA sections 110(a)(1) and (2) require each state to make a new SIP 
submission within three years after EPA promulgates a new or revised 
NAAQS for approval into the existing federally-approved SIP to assure 
that the SIP meets the applicable requirements for such new and revised 
NAAQS. This type of SIP submission is commonly referred to as an 
``infrastructure SIP or ``i-SIP.''

DATES: This final rule is effective on March 16, 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: Nevine Salem, (214) 665-7222, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with her or Bill Deese at (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
November 20, 2017 proposal (82 FR 55065). In that action, we proposed 
to approve the Arkansas i-SIP submittal dated March 24, 2017 to address 
the requirements of sections 110(a)(1) and (2) of the Act for the 2006 
and 2012 PM2.5 NAAQS, 2008 lead (Pb) NAAQS, 2008 ozone 
(O3) NAAQS, 2010 nitrogen dioxide (NO2) NAAQS, 
and the 2010 sulfur dioxide (SO2) NAAQS. Under CAA sections 
110(a)(1) and 110(a)(2), each state is required to submit a SIP that 
provides for the implementation, maintenance, and enforcement of a 
revised primary or secondary NAAQS. CAA sections 110(a)(1) and (2) 
require each state to make a new SIP submission within three years 
after EPA promulgates a new or revised NAAQS for approval into the 
existing federally-approved SIP to assure that the SIP meets the 
applicable requirements for such new and revised NAAQS.
    We received an anonymous public comment on December 18, 2017 on the 
proposed rulemaking action. The comment is posted to the docket (EPA-
R06-OAR-2017-0435). The commenter raised concerns about the accuracy of 
agricultural and wild fires emissions inventory. Such comment is 
irrelevant and is outside the scope of this specific rule making 
action.

II. Final Action

    As detailed in the proposal action, EPA is approving the majority 
of the March 24, 2017, Arkansas i-SIP submittal, which addresses the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2006 PM2.5, 2008 Pb, 2008 O3, 2010 
SO2, 2010 NO2, and 2012 PM2.5 NAAQS. 
Table 1 outlines the specific actions \1\ we are approving in this 
final rulemaking.
---------------------------------------------------------------------------

    \1\ Note that regarding CAA 110(D)(i)(II) Visibility 
Protection--(``prong 4'') for the 2006 PM2.5, EPA 
previously proposed disapproval at 80 FR 38419 (July 6, 2015) for an 
earlier SIP submittal dated September 21, 2009. However, in the 
State's March 24, 2017 submittal, Arkansas submitted revisions to 
address CAA 110(D)(i)(II) (``prong 4'') for the 2006 
PM2.5 that supersede the September 21, 2009 submittal. In 
Table 1 below, we are making an administrative correction to the 
table as was originally proposed. We are making an administrative 
correction to note a minor change from ``No submittal'' to ``No 
action'' for the 2006 PM2.5 (``prong 4''). We will 
address the 2006 PM2.5 NAAQs 110(a)(2)(D)(i)(II)(``prong 
4'') element in a future rule making.

              Table 1--Final Actions on the Arkansas Infrastructure SIP Submittal for Various NAAQS
----------------------------------------------------------------------------------------------------------------
                               2006 PM2.5                                                            2012 PM2.5
           Element                             2008 Pb     2008 Ozone     2010 NO2      2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and               A*             A             A             A             A             A
 other control measures.....
(B): Ambient air quality               A*             A             A             A             A             A
 monitoring and data system.
(C)(i): Enforcement of SIP             A*             A             A             A             A             A
 measures...................
(C)(ii): PSD program for               A*             A             A             A             A             A
 major sources and major
 modifications..............
(C)(iii): Permitting program           A*             A             A             A             A             A
 for minor sources and minor
 modifications..............

[[Page 6471]]

 
(D)(i)(I): Contribute to               A*             A           *No             A     No action     No action
 nonattainment/interfere                                    submittal
 with maintenance of NAAQS
 (prongs 1 and 2)...........
(D)(i)(II): PSD (requirement           A*             A             A             A             A             A
 3).........................
(D)(i)(II): Visibility          No action             A     No action     No action     No action     No action
 Protection (requirement 4).
(D)(ii): Interstate and                 A             A             A             A             A             A
 International Pollution
 Abatement..................
(E)(i): Adequate resources..           A*             A             A             A             A             A
(E)(ii): State boards.......           A*             A             A             A             A             A
(E)(iii): Necessary                    A*             A             A             A             A             A
 assurances with respect to
 local agencies.............
(F): Stationary source                 A*             A             A             A             A             A
 monitoring system..........
(G): Emergency power........           A*             A             A             A             A             A
(H): Future SIP revisions...           A*             A             A             A             A             A
(I): Nonattainment area plan            +             +             +             +             +             +
 or plan revisions under
 part D.....................
(J)(i): Consultation with              A*             A             A             A             A             A
 government officials.......
(J)(ii): Public notification           A*             A             A             A             A             A
(J)(iii): PSD...............           A*             A             A             A             A             A
(J)(iv): Visibility                     +             +             +             +             +             +
 protection.................
(K): Air quality modeling              A*             A             A             A             A             A
 and data...................
(L): Permitting fees........           A*             A             A             A             A             A
(M): Consultation and                  A*             A             A             A             A             A
 participation by affected
 local entities.............
----------------------------------------------------------------------------------------------------------------
Key to Table 1: Final actions on AR infrastructure SIP submittals for various NAAQS.
A--Approve.
A*--Previously approved for an earlier submittal.
+--Not germane to infrastructure SIPs.
No action--EPA is taking no action on these infrastructure requirements in this rulemaking. EPA may address in
  separate future rulemaking action(s).
*--No submittal *FIP in place.

III. 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 April 16, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Interstate transport of 
pollution, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: February 7, 2018.
Anne Idsal,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

[[Page 6472]]

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, in paragraph (e), the third table titled ``EPA-
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the 
Arkansas SIP'' is amended by adding the following entries at the end:


Sec.  52.170  Identification of plan.

* * * * *
    (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 2006      Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 PM2.5 NAAQS.                                                          Federal Register    110(a)(2)(D)(ii).
                                                                       citation].
Infrastructure for the 2008 Pb   Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2008 O3   Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i) (portions
                                                                                           pertaining and PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2010 NO2  Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i)(portion
                                                                                           pertaining to
                                                                                           nonattainment
                                                                                           interference with
                                                                                           maintenance and PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2010 SO2  Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 NAAQS.                                                                Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i)(portion
                                                                                           pertaining to PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
Infrastructure for the 2012      Statewide..........       3/24/2017  2/14/2018, [Insert  Approval for
 PM2.5 NAAQS.                                                          Federal Register    110(a)(2)(A), (B),
                                                                       citation].          (C), (D)(i) (portion
                                                                                           pertaining to PSD),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L) and (M).
----------------------------------------------------------------------------------------------------------------


[FR Doc. 2018-02892 Filed 2-13-18; 8:45 am]
BILLING CODE 6560-50-P



                                             6470                Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations

                                             Specifically, through the advanced                                      is approving State Implementation Plan                     SUPPLEMENTARY INFORMATION:
                                             search feature at this site, you can limit                              (SIP) revisions submitted by the State of                  Throughout this document ‘‘we,’’ ‘‘us,’’
                                             your search to documents published by                                   Arkansas to address the requirements of                    and ‘‘our’’ means the EPA.
                                             the Department.                                                         sections 110(a)(1) and (2) of the Clean
                                                                                                                     Air Act (CAA or Act) for the 2006 and                      I. Background
                                             List of Subjects
                                                                                                                     2012 fine particulate matter (PM2.5)                         The background for this action is
                                             34 CFR Part 668                                                         National Ambient Air Quality Standards                     discussed in detail in our November 20,
                                               Administrative practice and                                           (NAAQS), 2008 lead (Pb) NAAQS, 2008
                                                                                                                                                                                2017 proposal (82 FR 55065). In that
                                             procedure, Colleges and universities,                                   ozone (O3) NAAQS, 2010 nitrogen
                                                                                                                                                                                action, we proposed to approve the
                                             Consumer protection, Grant programs—                                    dioxide (NO2) NAAQS, and the 2010
                                                                                                                     sulfur dioxide (SO2) NAAQS. Under                          Arkansas i-SIP submittal dated March
                                             education, Loan programs—education,                                                                                                24, 2017 to address the requirements of
                                             Reporting and recordkeeping                                             CAA sections 110(a)(1) and 110(a)(2),
                                                                                                                     each state is required to submit a SIP                     sections 110(a)(1) and (2) of the Act for
                                             requirements, Selective Service System,                                                                                            the 2006 and 2012 PM2.5 NAAQS, 2008
                                             Student aid, Vocational education.                                      that provides for the implementation,
                                                                                                                     maintenance, and enforcement of a                          lead (Pb) NAAQS, 2008 ozone (O3)
                                             34 CFR Part 674                                                         revised primary or secondary NAAQS.                        NAAQS, 2010 nitrogen dioxide (NO2)
                                                                                                                     CAA sections 110(a)(1) and (2) require                     NAAQS, and the 2010 sulfur dioxide
                                               Loan programs—education, Reporting
                                                                                                                     each state to make a new SIP                               (SO2) NAAQS. Under CAA sections
                                             and recordkeeping requirements,
                                             Student aid.                                                            submission within three years after EPA                    110(a)(1) and 110(a)(2), each state is
                                                                                                                     promulgates a new or revised NAAQS                         required to submit a SIP that provides
                                             34 CFR Parts 682 and 685                                                for approval into the existing federally-                  for the implementation, maintenance,
                                               Administrative practice and                                           approved SIP to assure that the SIP                        and enforcement of a revised primary or
                                             procedure, Colleges and universities,                                   meets the applicable requirements for                      secondary NAAQS. CAA sections
                                             Loan programs—education, Reporting                                      such new and revised NAAQS. This                           110(a)(1) and (2) require each state to
                                             and recordkeeping requirements,                                         type of SIP submission is commonly                         make a new SIP submission within
                                             Student aid, Vocational education.                                      referred to as an ‘‘infrastructure SIP or                  three years after EPA promulgates a new
                                                                                                                     ‘‘i-SIP.’’                                                 or revised NAAQS for approval into the
                                               Dated: February 9, 2018.
                                                                                                                     DATES: This final rule is effective on                     existing federally-approved SIP to
                                             Betsy DeVos,
                                                                                                                     March 16, 2018.                                            assure that the SIP meets the applicable
                                             Secretary of Education.
                                                                                                                     ADDRESSES: The EPA has established a                       requirements for such new and revised
                                             [FR Doc. 2018–03090 Filed 2–9–18; 4:15 pm]
                                                                                                                     docket for this action under Docket ID                     NAAQS.
                                             BILLING CODE 4000–01–P
                                                                                                                     No. EPA–R06–OAR–2017–0435. All                               We received an anonymous public
                                                                                                                     documents in the docket are listed on                      comment on December 18, 2017 on the
                                                                                                                     the http://www.regulations.gov website.                    proposed rulemaking action. The
                                             ENVIRONMENTAL PROTECTION                                                Although listed in the index, some
                                             AGENCY                                                                                                                             comment is posted to the docket (EPA–
                                                                                                                     information is not publicly available,                     R06–OAR–2017–0435). The commenter
                                                                                                                     e.g., Confidential Business Information                    raised concerns about the accuracy of
                                             40 CFR Part 52                                                          or other information whose disclosure is
                                                                                                                                                                                agricultural and wild fires emissions
                                             [EPA–R06–OAR–2017–0435; FRL–9973–                                       restricted by statute. Certain other
                                                                                                                                                                                inventory. Such comment is irrelevant
                                             23—Region 6]                                                            material, such as copyrighted material,
                                                                                                                                                                                and is outside the scope of this specific
                                                                                                                     is not placed on the internet and will be
                                             Approval and Promulgation of Air                                        publicly available only in hard copy                       rule making action.
                                             Quality Implementation Plans;                                           form. Publicly available docket                            II. Final Action
                                             Arkansas; Infrastructure State                                          materials are available either
                                             Implementation Plan Requirements for                                    electronically through http://                               As detailed in the proposal action,
                                             the National Ambient Air Quality                                        www.regulations.gov or in hard copy at                     EPA is approving the majority of the
                                             Standards                                                               the EPA Region 6, 1445 Ross Avenue,                        March 24, 2017, Arkansas i-SIP
                                             AGENCY:  Environmental Protection                                       Suite 700, Dallas, Texas 75202–2733.                       submittal, which addresses the
                                             Agency (EPA).                                                           FOR FURTHER INFORMATION CONTACT:                           requirements of CAA sections 110(a)(1)
                                             ACTION: Final rule.                                                     Nevine Salem, (214) 665–7222,                              and (2) as applicable to the 2006 PM2.5,
                                                                                                                     salem.nevine@epa.gov. To inspect the                       2008 Pb, 2008 O3, 2010 SO2, 2010 NO2,
                                             SUMMARY:  Pursuant to the Federal Clean                                 hard copy materials, please schedule an                    and 2012 PM2.5 NAAQS. Table 1
                                             Air Act (CAA or the Act), the                                           appointment with her or Bill Deese at                      outlines the specific actions 1 we are
                                             Environmental Protection Agency (EPA)                                   (214) 665–7253.                                            approving in this final rulemaking.
                                                              TABLE 1—FINAL ACTIONS ON THE ARKANSAS INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS
                                                                                         Element                                                   2006 PM2.5      2008 Pb   2008 Ozone     2010 NO2       2010 SO2      2012 PM2.5

                                             (A): Emission limits and other control measures ..............................................            A*            A            A               A            A              A
                                             (B): Ambient air quality monitoring and data system .......................................               A*            A            A               A            A              A
                                             (C)(i): Enforcement of SIP measures ...............................................................       A*            A            A               A            A              A
                                             (C)(ii): PSD program for major sources and major modifications ....................                       A*            A            A               A            A              A
daltland on DSKBBV9HB2PROD with RULES




                                             (C)(iii): Permitting program for minor sources and minor modifications ...........                        A*            A            A               A            A              A

                                                1 Note that regarding CAA 110(D)(i)(II) Visibility                   address CAA 110(D)(i)(II) (‘‘prong 4’’) for the 2006       from ‘‘No submittal’’ to ‘‘No action’’ for the 2006
                                             Protection—(‘‘prong 4’’) for the 2006 PM2.5, EPA                        PM2.5 that supersede the September 21, 2009                PM2.5 (‘‘prong 4’’). We will address the 2006 PM2.5
                                             previously proposed disapproval at 80 FR 38419                          submittal. In Table 1 below, we are making an              NAAQs 110(a)(2)(D)(i)(II)(‘‘prong 4’’) element in a
                                             (July 6, 2015) for an earlier SIP submittal dated                       administrative correction to the table as was              future rule making.
                                             September 21, 2009. However, in the State’s March                       originally proposed. We are making an
                                             24, 2017 submittal, Arkansas submitted revisions to                     administrative correction to note a minor change



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                                                                     Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations                                                                             6471

                                                   TABLE 1—FINAL ACTIONS ON THE ARKANSAS INFRASTRUCTURE SIP SUBMITTAL FOR VARIOUS NAAQS—Continued
                                                                                                 Element                                                              2006 PM2.5      2008 Pb   2008 Ozone      2010 NO2    2010 SO2    2012 PM2.5

                                             (D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
                                               (prongs 1 and 2) ............................................................................................             A*             A          *No                A     No action   No action
                                                                                                                                                                                                 submittal
                                             (D)(i)(II): PSD (requirement 3) ..........................................................................                  A*             A           A              A           A           A
                                             (D)(i)(II): Visibility Protection (requirement 4) ...................................................                    No action         A        No action      No action   No action   No action
                                             (D)(ii): Interstate and International Pollution Abatement ..................................                                A              A           A              A           A           A
                                             (E)(i): Adequate resources ................................................................................                 A*             A           A              A           A           A
                                             (E)(ii): State boards ...........................................................................................           A*             A           A              A           A           A
                                             (E)(iii): Necessary assurances with respect to local agencies .........................                                     A*             A           A              A           A           A
                                             (F): Stationary source monitoring system .........................................................                          A*             A           A              A           A           A
                                             (G): Emergency power ......................................................................................                 A*             A           A              A           A           A
                                             (H): Future SIP revisions ..................................................................................                A*             A           A              A           A           A
                                             (I): Nonattainment area plan or plan revisions under part D ............................                                    +              +           +              +           +           +
                                             (J)(i): Consultation with government officials ....................................................                         A*             A           A              A           A           A
                                             (J)(ii): Public notification ....................................................................................           A*             A           A              A           A           A
                                             (J)(iii): PSD ........................................................................................................      A*             A           A              A           A           A
                                             (J)(iv): Visibility protection .................................................................................            +              +           +              +           +           +
                                             (K): Air quality modeling and data ....................................................................                     A*             A           A              A           A           A
                                             (L): Permitting fees ............................................................................................           A*             A           A              A           A           A
                                             (M): Consultation and participation by affected local entities ...........................                                  A*             A           A              A           A           A
                                                Key to Table 1: Final actions on AR infrastructure SIP submittals for various NAAQS.
                                                A—Approve.
                                                A*—Previously approved for an earlier submittal.
                                                +—Not germane to infrastructure SIPs.
                                                No action—EPA is taking no action on these infrastructure requirements in this rulemaking. EPA may address in separate future rulemaking action(s).
                                                *—No submittal *FIP in place.


                                             III. Statutory and Executive Order                                                       • Does not have Federalism                                   Congress and to the Comptroller General
                                             Reviews                                                                               implications as specified in Executive                          of the United States. EPA will submit a
                                                                                                                                   Order 13132 (64 FR 43255, August 10,                            report containing this action and other
                                                Under the Clean Air Act, the                                                       1999);                                                          required information to the U.S. Senate,
                                             Administrator is required to approve a                                                   • Is not an economically significant                         the U.S. House of Representatives, and
                                             SIP submission that complies with the                                                 regulatory action based on health or                            the Comptroller General of the United
                                             provisions of the Act and applicable                                                  safety risks subject to Executive Order                         States prior to publication of the rule in
                                             Federal regulations. 42 U.S.C. 7410(k);                                               13045 (62 FR 19885, April 23, 1997);                            the Federal Register. A major rule
                                             40 CFR 52.02(a). Thus, in reviewing SIP                                                  • Is not a significant regulatory action                     cannot take effect until 60 days after it
                                             submissions, the EPA’s role is to                                                     subject to Executive Order 13211 (66 FR                         is published in the Federal Register.
                                             approve state choices, provided that                                                  28355, May 22, 2001);                                           This action is not a ‘‘major rule’’ as
                                             they meet the criteria of the Clean Air                                                  • Is not subject to requirements of                          defined by 5 U.S.C. 804(2).
                                             Act. Accordingly, this action merely                                                  section 12(d) of the National
                                             approves state law as meeting Federal                                                                                                                    Under section 307(b)(1) of the Clean
                                                                                                                                   Technology Transfer and Advancement
                                             requirements and does not impose                                                                                                                      Air Act, petitions for judicial review of
                                                                                                                                   Act of 1995 (15 U.S.C. 272 note) because
                                             additional requirements beyond those                                                                                                                  this action must be filed in the United
                                                                                                                                   application of those requirements would
                                             imposed by state law. For that reason,                                                                                                                States Court of Appeals for the
                                                                                                                                   be inconsistent with the CAA; and
                                             this action:                                                                             • Does not provide EPA with the                              appropriate circuit by April 16, 2018.
                                                                                                                                                                                                   Filing a petition for reconsideration by
                                                • Is not a ‘‘significant regulatory                                                discretionary authority to address, as
                                                                                                                                   appropriate, disproportionate human                             the Administrator of this final rule does
                                             action’’ subject to review by the Office
                                                                                                                                   health or environmental effects, using                          not affect the finality of this action for
                                             of Management and Budget under
                                                                                                                                   practicable and legally permissible                             the purposes of judicial review nor does
                                             Executive Orders 12866 (58 FR 51735,
                                                                                                                                   methods, under Executive Order 12898                            it extend the time within which a
                                             October 4, 1993) and 13563 (76 FR 3821,
                                                                                                                                   (59 FR 7629, February 16, 1994).                                petition for judicial review may be filed,
                                             January 21, 2011);
                                                                                                                                      In addition, the SIP is not approved                         and shall not postpone the effectiveness
                                                • Is not an Executive Order 13771 (82                                                                                                              of such rule or action. This action may
                                             FR 9339, February 2, 2017) regulatory                                                 to apply on any Indian reservation land
                                                                                                                                   or in any other area where EPA or an                            not be challenged later in proceedings to
                                             action because SIP approvals are                                                                                                                      enforce its requirements. (See section
                                             exempted under Executive Order 12866;                                                 Indian tribe has demonstrated that a
                                                                                                                                   tribe has jurisdiction. In those areas of                       307(b)(2).)
                                                • Does not impose an information                                                   Indian country, the rule does not have
                                             collection burden under the provisions                                                                                                                List of Subjects in 40 CFR Part 52
                                                                                                                                   tribal implications and will not impose
                                             of the Paperwork Reduction Act (44                                                    substantial direct costs on tribal                                Environmental protection, Air
                                             U.S.C. 3501 et seq.);                                                                 governments or preempt tribal law as                            pollution control, Incorporation by
                                                • Is certified as not having a                                                     specified by Executive Order 13175 (65                          reference, Intergovernmental relations,
                                             significant economic impact on a                                                      FR 67249, November 9, 2000).                                    Interstate transport of pollution, Lead,
                                             substantial number of small entities                                                     The Congressional Review Act, 5                              Nitrogen dioxide, Ozone, Particulate
                                             under the Regulatory Flexibility Act (5                                                                                                               matter, Reporting and recordkeeping
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                                                                                                                                   U.S.C. 801 et seq., as added by the Small
                                             U.S.C. 601 et seq.);                                                                  Business Regulatory Enforcement                                 requirements, Sulfur oxides.
                                                • Does not contain any unfunded                                                    Fairness Act of 1996, generally provides                          Dated: February 7, 2018.
                                             mandate or significantly or uniquely                                                  that before a rule may take effect, the                         Anne Idsal,
                                             affect small governments, described in                                                agency promulgating the rule must
                                                                                                                                                                                                   Regional Administrator, Region 6.
                                             the Unfunded Mandates Reform Act of                                                   submit a rule report, which includes a
                                             1995 (Pub. L. 104–4);                                                                 copy of the rule, to each House of the                             40 CFR part 52 is amended as follows:


                                        VerDate Sep<11>2014            18:30 Feb 13, 2018             Jkt 244001         PO 00000          Frm 00021          Fmt 4700    Sfmt 4700   E:\FR\FM\14FER1.SGM    14FER1


                                             6472             Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Rules and Regulations

                                             PART 52—APPROVAL AND                                         Authority: 42 U.S.C. 7401 et seq.                   Regulatory Measures in the Arkansas
                                             PROMULGATION OF                                                                                                  SIP’’ is amended by adding the
                                                                                                      Subpart E—Arkansas                                      following entries at the end:
                                             IMPLEMENTATION PLANS
                                                                                                      ■ 2. In § 52.170, in paragraph (e), the                 § 52.170   Identification of plan.
                                             ■ 1. The authority citation for part 52
                                                                                                      third table titled ‘‘EPA-Approved                       *       *    *       *     *
                                             continues to read as follows:
                                                                                                      Nonregulatory Provisions and Quasi-                         (e) * * *

                                                       EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP
                                                                                Applicable
                                                                                geographic             State
                                                                                    or               submittal/
                                                 Name of SIP provision                                                     EPA approval date                                   Explanation
                                                                                nonattain-            effective
                                                                                  ment                  date
                                                                                   area


                                                       *                       *                        *                        *                      *                    *                      *
                                             Infrastructure for the 2006      Statewide .....          3/24/2017        2/14/2018, [Insert Federal     Approval for 110(a)(2)(D)(ii).
                                                PM2.5 NAAQS.                                                              Register citation].
                                             Infrastructure for the 2008      Statewide .....          3/24/2017        2/14/2018, [Insert Federal     Approval for 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
                                                Pb NAAQS.                                                                 Register citation].            (H), (J), (K), (L) and (M).
                                             Infrastructure for the 2008      Statewide .....          3/24/2017        2/14/2018, [Insert Federal     Approval for 110(a)(2)(A), (B), (C), (D)(i) (portions
                                                O3 NAAQS.                                                                 Register citation].            pertaining and PSD), (D)(ii), (E), (F), (G), (H), (J),
                                                                                                                                                         (K), (L) and (M).
                                             Infrastructure for the 2010      Statewide .....          3/24/2017        2/14/2018, [Insert Federal     Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion per-
                                                NO2 NAAQS.                                                                Register citation].            taining to nonattainment interference with mainte-
                                                                                                                                                         nance and PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
                                                                                                                                                         (L) and (M).
                                             Infrastructure for the 2010      Statewide .....          3/24/2017        2/14/2018, [Insert Federal     Approval for 110(a)(2)(A), (B), (C), (D)(i)(portion per-
                                                SO2 NAAQS.                                                                Register citation].            taining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
                                                                                                                                                         (L) and (M).
                                             Infrastructure for the 2012      Statewide .....          3/24/2017        2/14/2018, [Insert Federal     Approval for 110(a)(2)(A), (B), (C), (D)(i) (portion per-
                                                PM2.5 NAAQS.                                                              Register citation].            taining to PSD), (D)(ii), (E), (F), (G), (H), (J), (K),
                                                                                                                                                         (L) and (M).



                                             [FR Doc. 2018–02892 Filed 2–13–18; 8:45 am]              Currently, when directed fishing is                     contacting the Pacific Fisheries
                                             BILLING CODE 6560–50–P                                   closed, a small sector of the CPS fishery               Management Council, 7700 NE
                                                                                                      that is not part of the primary                         Ambassador Place, Suite 101, Portland,
                                                                                                      commercial directed fishery has been                    OR 97220–1384.
                                             DEPARTMENT OF COMMERCE                                   precluded from landing even minor                       FOR FURTHER INFORMATION CONTACT:
                                                                                                      amounts because this activity does not                  Joshua B. Lindsay, Sustainable Fisheries
                                             National Oceanic and Atmospheric                         fall under the existing exemptions for                  Division, NMFS, at 562–980–4034; or
                                             Administration                                           incidental harvest or for harvesting CPS                Kerry Griffin, Pacific Fishery
                                                                                                      to be sold as live bait. This rule allows               Management Council, at 503–820–2280.
                                             50 CFR Part 660                                          this sector to continue directed fishing
                                                                                                                                                              SUPPLEMENTARY INFORMATION: The CPS
                                                                                                      after other directed fisheries are closed,
                                             [Docket No. 170322302–8104–02]                                                                                   fishery in the U.S. exclusive economic
                                                                                                      unless otherwise specified in a closure
                                                                                                                                                              zone (EEZ) off the West Coast is
                                             RIN 0648–BG74                                            notice published by NMFS or if an
                                                                                                                                                              managed under the CPS FMP, which
                                                                                                      applicable annual catch limit (ACL) is
                                                                                                                                                              was developed by the Council pursuant
                                             Fisheries Off West Coast States;                         anticipated to be exceeded. To prevent
                                                                                                                                                              to the Magnuson-Stevens Fishery
                                             Coastal Pelagic Species Fisheries;                       exploitation of this rule to make large
                                                                                                                                                              Conservation and Management Act
                                             Amendment 16 to the Coastal Pelagic                      aggregate harvests, ‘‘minor directed
                                                                                                                                                              (MSA), 16 U.S.C. 1801 et seq. Species
                                             Species Fishery Management Plan                          fishing’’ would not be allowed to exceed
                                                                                                                                                              managed under the CPS FMP include
                                                                                                      landings of 1 metric ton (mt) per day per
                                             AGENCY:  National Marine Fisheries                                                                               Pacific sardine, Pacific mackerel, jack
                                                                                                      vessel or person or one fishing trip per
                                             Service (NMFS), National Oceanic and                                                                             mackerel, northern anchovy, market
                                                                                                      day by any vessel. The purpose of this
                                             Atmospheric Administration (NOAA),                                                                               squid and krill. The CPS FMP was
                                                                                                      rule is to provide greater flexibility to
                                             Commerce.                                                                                                        approved by the Secretary of Commerce
                                                                                                      small fishing operations, while
                                             ACTION: Final rule.                                                                                              and was implemented by regulations at
                                                                                                      continuing to conserve the target CPS
                                                                                                                                                              50 CFR part 660, subpart I.
                                                                                                      fish stocks.
                                             SUMMARY:    NMFS is publishing this final                                                                           At its April 2017 meeting, the Pacific
                                             rule to implement Amendment 16 of the                    DATES: Effective March 16, 2018.                        Fishery Management Council (Council)
                                             Coastal Pelagic Species (CPS) Fishery                    ADDRESSES: Copies of the CPS FMP as                     voted to submit Amendment 16 to
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                                             Management Plan (FMP). This rule will                    amended through Amendment 16, with                      NMFS for review and approval. On
                                             allow for very small amounts of                          notations showing how Amendment 16                      November 6, 2017, NMFS published a
                                             directed, non-live bait fishing (referred                will change the FMP are available via                   Notice of Availability for Amendment
                                             to as ‘‘minor directed fishing’’) on CPS                 the Federal eRulemaking Portal: http://                 16 in the Federal Register (82 FR
                                             finfish to occur when a fishery is                       www.regulations.gov/#!docketDetail;D=                   51381), with a comment period ending
                                             otherwise closed to directed fishing.                    NOAA-NMFS-2017-0135, or by                              January 5, 2018. On November 22, 2017,


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Document Created: 2018-02-14 03:59:27
Document Modified: 2018-02-14 03:59:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on March 16, 2018.
ContactNevine Salem, (214) 665-7222, [email protected] To inspect the hard copy materials, please schedule an appointment with her or Bill Deese at (214) 665-7253.
FR Citation83 FR 6470 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Interstate Transport of Pollution; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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