Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 66663 

Bankruptcy Code,’’ as amended, when 

applicable, which was issued by the 

American Institute of Certified Public 

Accountants on November 19, 1990. 

(i) Certification of Periodic Reports’ 

accuracy. The Periodic Reports must be 

certified under penalty of perjury that 

they are true and accurate by an 

individual who is authorized under 

applicable law to certify on behalf of the 

debtor or trustee. The debtor’s or 

trustee’s attorney must maintain 

possession of the Periodic Reports with 

original signatures for five years, unless 

otherwise provided in local court rules. 

A pro se debtor must submit the 

Periodic Reports with original 

signatures to the Office of United States 

Trustee that is responsible for 

supervising the case. 

(j) Mandatory usage of Periodic 

Reports. The Periodic Reports must be 

utilized by debtors and trustees when 

completing their monthly operating 

reports or post-confirmation reports. All 

debtors and chapter 11 trustees serving 

in districts where a United States 

Trustee is serving must use the Periodic 

Reports in the administration of their 

cases, in the same manner and with the 

same content, as set forth in this Rule. 

(1) All Periodic Reports may be 

electronically or mechanically 

reproduced so long as the content and 

the form remain consistent with the 

Periodic Reports as they are posted on 

EOUST’s Web site; and 

(2) The Periodic Reports shall be filed 

via the United States Bankruptcy 

Courts’ Case Management/Electronic 

Case Filing System (CM/ECF) as a 

‘‘smart form,’’ meaning the reports are 

data-enabled. 

Dated: October 24, 2014. 

Clifford J. White III 

Director, Executive Office for United States 

Trustees. 

[FR Doc. 2014–25975 Filed 11–7–14; 8:45 am] 

BILLING CODE 4410–40–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0700; FRL–9919–12– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Revisions for the Regulation and 

Permitting of Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

portions of three revisions to the 

Arkansas State Implementation Plan 

(SIP) submitted by the Arkansas 

Department of Environmental Quality 

on July 26, 2010; November 6, 2012; and 

September 10, 2014. Together, these 

three submittals update the Arkansas 

SIP such that the ADEQ has the 

authority to implement the current 

National Ambient Air Quality Standards 

(NAAQS) and regulate and permit 

emissions of fine particulate matter 

(particulate matter with diameters less 

than or equal to 2.5 micrometers (PM2.5)) 

and its precursors through the Arkansas 

PSD program. The September 10, 2014, 

submittal is a request for parallel 

processing of revisions proposed by the 

ADEQ on August 22, 2014. The EPA is 

proposing to find that the Arkansas 

Prevention of Significant Deterioration 

(PSD) New Source Review (NSR) SIP 

meets all Clean Air Act (CAA or the Act) 

requirements for PM2.5 PSD. EPA is also 

proposing to approve a portion of the 

December 17, 2007 SIP submittal for the 

PM2.5 NAAQS pertaining to interstate 

transport of air pollution and PSD. EPA 

is proposing these actions under section 

110 and part C of the CAA. 

DATES: Comments must be received on 

or before December 10, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2014–0700, by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Email: Ms. Adina Wiley at 

wiley.adina@epa.gov. 

• Mail or Delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2014– 

0700. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background for Our Proposed Action 

A. General Information on SIPs 

B. Preconstruction Review and Permitting 

Programs 

C. Summary of State Submittals 

1. The July 26, 2010 Submittal 

2. The November 6, 2012 Submittal 

3. The September 10, 2014 Submittal 

4. What is the EPA not addressing? 

II. The EPA’s Analysis of the State Submittals 

A. Revisions to the Arkansas PSD Program 

To Address PM2.5 Permitting 

1. The NSR PM2.5 Implementation Rule 

2. The PM2.5 PSD Increment—SILs—SMC 

Rule 


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3. Interstate Transport of Air Pollution and 

PSD 

B. Impacts on Existing Federal 

Implementation Plan Clocks 

C. General Updates to the Arkansas SIP 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background for Our Proposed Action 

A. General Information on SIPs 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the National Ambient Air 

Quality Standards (NAAQS) established 

by the EPA. The NAAQS are established 

under section 109 of the CAA and 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. A SIP is a set of air 

pollution regulations, control strategies, 

other means or techniques, and 

technical analyses developed by the 

state, to ensure that air quality in the 

state meets the NAAQS. It is required by 

section 110 and other provisions of the 

CAA. A SIP protects air quality 

primarily by addressing air pollution at 

its point of origin. SIPs can be extensive, 

containing state regulations or other 

enforceable documents, and supporting 

information such as emissions 

inventories, monitoring networks, and 

modeling demonstrations. Each state 

must submit regulations and control 

strategies to the EPA for approval and 

incorporation into the federallyenforceable SIP. 

B. Preconstruction Review and 

Permitting Programs 

The Act at section 110(a)(2)(C) 

requires SIPs to include preconstruction 

review and permitting programs 

applicable to certain new and modified 

stationary sources of air pollutants. 

These requirements apply in attainment 

and nonattainment areas and cover both 

major and minor new sources and 

modifications. Collectively, these SIP 

requirements are referred to as the New 

Source Review (NSR) SIP. The CAA 

NSR SIP program is composed of three 

separate programs: Prevention of 

significant deterioration (PSD), 

nonattainment new source review 

(NNSR), and Minor NSR. PSD is 

established in part C of title I of the 

CAA and applies in areas that meet the 

NAAQS—‘‘attainment areas’’—as well 

as areas where there is insufficient 

information to determine if the area 

meets the NAAQS—‘‘unclassifiable 

areas.’’ The NNSR SIP program is 

established in part D of title I of the 

CAA and applies in areas that are 

designated as ‘‘nonattainment areas’’ 

because they are not in attainment of the 

NAAQS. The Minor NSR SIP program 

addresses construction or modification 

activities for sources that will not emit, 

or have the potential to emit, above 

certain thresholds and thus do not 

qualify as ‘‘major.’’ Minor NSR applies 

regardless of the designation of the area 

in which a source is located. EPA 

regulations governing the criteria that 

states must satisfy for EPA approval of 

the NSR programs as part of the SIP are 

contained in 40 CFR sections 51.160– 

51.166. 

C. Summary of State Submittals 

The ADEQ submitted a collection of 

revisions to the Arkansas SIP on July 26, 

2010; November 6, 2012; and September 

10, 2014. Together, these revisions 

update the Arkansas SIP to implement 

the requirements of the 1997 and 2006 

PM2.5 NAAQS, regulate emissions of 

PM2.5 and its precursors through the 

Arkansas PSD program, and make 

general updates throughout the entirety 

of the Arkansas SIP to address grammar, 

formatting, and updates to incorporation 

by reference dates. Additionally, on 

December 17, 2007, Arkansas submitted 

a letter certifying that its SIP addressed 

the CAA requirements for interstate 

transport of air pollution (CAA 

110(a)(2)(D)(i)) for the 1997 PM2.5

NAAQS. These SIP submittals are 

available in the electronic docket found 

in the www.regulations.gov Web site 

(Docket number EPA–R06–OAR–2014– 

0700). 

1. The July 26, 2010 Submittal 

On December 5, 2008, the Arkansas 

Pollution Control and Ecology 

Commission (APC&EC) adopted 

revisions to the Regulation 19— 

Regulations of the Arkansas Plan of 

Implementation for Air Pollution 

Control. Governor Beebe submitted 

these regulations as a revision to the 

Arkansas SIP in a letter dated July 26, 

2010. On November 23, 2010, Teresa 

Marks, Director of Arkansas Department 

of Environmental Quality (ADEQ), 

provided a clarification letter regarding 

the July 26, 2010 submittal. This 

clarification letter was a resubmission of 

the SIP revision resulting from the 

previous submittal containing one 

incorrect hardcopy and electronic copy 

of the SIP revision. As part of this 

action, the EPA is addressing the 

following revisions contained in the 

July 26, 2010 submittal that were 

adopted on December 5, 2008, effective 

January 25, 2009: 

• Non-substantive revisions to 

Regulation 19, Chapter 1 to correct 

formatting, clarify the incorporation by 

reference dates, and clarify acronyms. 

• Substantive revisions to Regulation 

19, Chapter 2 to add new definition for 

‘‘PM2.5’’ and ‘‘Title I modification’’ and 

to revise the definition of ‘‘Volatile 

organic compounds’’. Non-substantive 

revisions to correct formatting, clarify 

the incorporation by reference dates, 

and clarify acronyms. 

• Non-substantive revisions to 

Regulation 19, Chapter 3 to correct 

formatting. 

• Non-substantive revisions to 

Regulation 19, Chapter 5 to correct 

formatting and clarify acronyms. 

• Non-substantive revisions to 

Regulation 19, Chapter 6 to correct 

formatting and clarify acronyms. 

• Non-substantive revisions to 

Regulation 19, Chapter 7 to clarify 

incorporation by reference dates. 

• Non-substantive revisions to 

Regulation 19, Chapter 10 to correct 

formatting and clarify acronyms. 

• Non-substantive revisions to 

Regulation 19, Chapter 11 to correct 

formatting. 

• Non-substantive revisions to 

Regulation 19, Chapter 13 to correct 

formatting and clarify acronyms. 

2. The November 6, 2012 Submittal 

On June 22, 2012, the APC&EC 

adopted revisions to Regulation 9— 

Permit Fee Regulations, Regulation 19— 

Regulations of the Arkansas Plan of 

Implementation for Air Pollution 

Control, and Regulation 26— 

Regulations of the Arkansas Operating 

Air Permit Program. On October 26, 

2012, APC&EC adopted additional 

revisions to Regulation 19. Governor 

Beebe submitted these regulations as a 

revision to the Arkansas SIP in a letter 

dated November 6, 2012. As part of this 

action, the EPA is addressing the 

following revisions contained in the 

November 6, 2012 submittal that were 

adopted on June 22, 2012, and October 

26, 2012, effective July 9, 2012, and 

November 18, 2012, respectively: 

• Substantive revision to Regulation 

19, Chapter 1 to address greenhouse 

gases (GHGs). 

• Substantive revisions to Regulation 

19, Chapter 2 to add new definition for 

‘‘CO2 equivalent emissions’’ and revise 

the definition of ‘‘Federally regulated 

pollutant’’. 

3. The September 10, 2014 Submittal 

On September 10, 2014, Teresa Marks, 

Director of the ADEQ, submitted a 

request for parallel processing of 

proposed AR SIP revisions to Regulation 

19—Regulations of the Arkansas Plan of 

Implementation for Air Pollution 

Control. As part of this action, the EPA 

is addressing the following revisions 


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contained in the September 10, 2014, 

request for parallel processing: 

• Substantive revisions to Regulation 

19, Chapter 2 to add a new definition for 

‘‘PM2.5 emissions’’ and to revise existing 

definitions for ‘‘NAAQS,’’ ‘‘particulate 

matter emissions,’’ ‘‘PM2.5,’’ and ‘‘VOC’’ 

as well as other non-substantive 

revisions throughout the Definitions to 

correct formatting and grammar. 

• Substantive revisions to Regulation 

19, Chapter 5 to specify that no person 

shall cause or permit the construction or 

modification of equipment which would 

cause or allow any ambient air 

increment in the PSD program to be 

exceeded. 

• Substantive revisions to Regulation 

19, Chapter 9 to provide for the 

authority to regulate PM2.5 and its 

precursors through the Arkansas PSD 

program. 

• New Regulation 19, Appendix B to 

provide the National Ambient Air 

Quality Standards List. 

4. What is the EPA not addressing? 

States have the obligation to adopt 

and submit regulations for the EPA’s 

review and approval into the federally 

enforceable SIP. The EPA has an 

obligation under the CAA to address 

each submittal from the state. However, 

we are not obligated to address all 

portions of a submittal at once. Where 

the EPA determines that a provision is 

independent of another, we have the 

discretion to address the submitted 

provisions separately. Accordingly, the 

EPA is taking no action at this time on 

the following revisions submitted by the 

ADEQ. As indicated below, we have 

determined that each of the submitted 

provisions is separate from the PSD 

program and not necessary for PSD 

implementation. 

• The EPA is taking no action at this 

time on the Substantive revisions to 

Regulation 19, Chapter 4 to revise the 

Minor NSR permitting thresholds that 

were submitted on July 26, 2010. The 

action we are taking today will 

substantively revise the Arkansas PSD 

program to provide for regulation and 

permitting of PM2.5 and its precursors. 

We are also making non-substantive 

updates to the remainder of the 

Arkansas SIP. Our analysis today is not 

relevant to the Arkansas Minor NSR 

permitting program and the provisions 

on which we are reviewing and acting 

can operate separately from the 

Arkansas Minor NSR Program. 

Therefore, the EPA is taking no action 

on the substantive revisions to add 

provisions under the following new 

Sections: Reg. 19.414—Operational 

Flexibility-Applicant’s Duty to Apply 

for Alternative Scenarios; Reg. 19.415— 

Changes Resulting in No Emissions 

Increases; Reg. 19.416—Permit 

Flexibility; and Reg. 19.417— 

Registration; and the non-substantive 

revisions to correct formatting, clarify 

the incorporation by reference dates, 

and clarify acronyms. We note that the 

revisions to the Arkansas Minor NSR 

Program at Regulation 19, Chapter 4 

submitted on July 26, 2010, will be 

addressed separately by the EPA in a 

later action. 

• The EPA is taking no action at this 

time on the revisions to the Insignificant 

Activities List in Regulation 19, 

Appendix A that were submitted on July 

26, 2010 and November 6, 2012. 

Regulation 19, Appendix A is part of the 

Arkansas Minor NSR program and will 

be addressed with the pending revisions 

to Regulation 19, Chapter 4. 

• The EPA is taking no action at this 

time on the Fee Regulation provisions at 

Regulation 9, Chapter 5 submitted on 

November 6, 2012. The EPA will 

address the fee provisions in a separate 

action at a later time. The provisions on 

which we are reviewing and acting can 

operate independent of the fee 

provisions. Therefore, the EPA is taking 

no action on the substantive revisions to 

Regulation 9, Chapter 5 to replace the 

current Fee Regulation contained in the 

Arkansas SIP, which include 

substantive revisions to address fee 

requirements for carbon dioxide and 

methane, as well as, non-substantive 

revisions to correct formatting. 

• The EPA is taking no action at this 

time on the November 6, 2012, 

substantive revisions to Regulation 19, 

Chapter 4 to address GHGs in the 

Arkansas Minor NSR program. These 

revisions will be addressed with the 

remainder of the pending revisions to 

the Arkansas Minor NSR program at a 

later date. 

• The EPA is taking no action at this 

time on the November 6, 2012, 

substantive revisions to Regulation 26, 

Chapter 3 to address GHG permitting 

and the non-substantive revisions to 

Regulation 26, Chapter 4 to correct 

formatting and clarify the incorporation 

by reference dates. Regulation 26 is the 

Arkansas Title V program. 

• The EPA is taking no action at this 

time on the revisions to the Arkansas 

PSD Program to provide for GHG PSD 

PAL permitting adopted by the state on 

June 28, 2013, effective on July 27, 2013. 

These revisions were submitted to EPA 

on January 7, 2014. The submittal 

included revisions to the Arkansas 

Regulation 19, Chapter 9, sections 

19.904(A)(1), 19.904(E)(3), and 

19.904(G)(1). These revisions were 

solely to implement the GHG PSD PAL 

revisions. Since the Supreme Court of 

the United States rendered its decision 

on June 23, 2014, in Utility Air 

Regulatory Group (UARG) v. EPA (No. 

12–1146), the EPA does not find it 

appropriate to take action on provisions 

implementing permitting provisions for 

GHG PSD PALs at this time. The EPA 

will address this submittal from the 

state in a separate action at a later date. 

The following table summarizes 

which regulatory provisions the EPA is 

taking action on in today’s proposed 

approval. 

TABLE 1—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED

Section Title Date submitted to 

EPA Adopted by State Comments 

Regulation 9, Chapter 5 ........... Air Permit Fees ........................ November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

No action at this time. 

Regulation 19, Chapter 1 ......... Title, Intent, and Purpose ........ July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

Evaluated in this action. 

Regulation 19, Chapter 2 ......... Definitions ................................ July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

Evaluated in this action. 


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TABLE 1—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED—Continued 

Section Title Date submitted to 

EPA Adopted by State Comments 

September 10, 2014 

request for parallel processing.

August 22, 2014 ..... Evaluated in this action. 

Regulation 19, Chapter 3 ......... Protection of the National Ambient Air Quality Standards.July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

September 10, 2014 

request for parallel processing.

August 22, 2014 ..... Evaluated in this action. 

Regulation 19, Chapter 4 ......... Minor Source Review .............. July 26, 2010 .......... December 5, 2008 .. No action at this time. 

November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

No action at this time. 

Regulation 19, Chapter 5 ......... General Emissions Limitations 

Applicable to Equipment.

July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

September 10, 2014 

request for parallel processing.

August 22, 2014 ..... Evaluated in this action. 

Regulation 19, Chapter 6 ......... Upset and Emergency Conditions.July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

Regulation 19, Chapter 7 ......... Sampling, Monitoring, and Reporting Requirements.July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

Regulation 19, Chapter 8 ......... 111(D) Designated Facilities ... Not part of the Arkansas SIP. 

Regulation 19, Chapter 9 ......... Prevention of Significant Deterioration.July 26, 2010 .......... December 5, 2008 .. Approved by EPA on April 2, 

2013, at 78 FR 19596. 

November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

Approved by EPA on April 2, 

2013, at 78 FR 19596. 

January 7, 2014 ...... June 28, 2014 ......... No action at this time. 

September 10, 2014 

request for parallel processing.

August 22, 2014 ..... Evaluated in this action. 

Regulation 19, Chapter 10 ....... Regulations for the Control of 

Volatile Organic Compounds 

in Pulaski County.

July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

Regulation 19, Chapter 11 ....... Major Source Permitting Procedures.July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

Regulation 19, Chapter 13 ....... Stage I Vapor Recovery .......... July 26, 2010 .......... December 5, 2008 .. Evaluated in this action. 

Regulation 19, Chapter 14 ....... CAIR NOX Ozone Season 

Trading Program General 

Provisions.

July 26, 2010 .......... December 5, 2008 .. Approved by EPA on April 17, 

2014, at 78 FR 21631. 

Regulation 19, Chapter 15 ....... Regional Haze ......................... July 26, 2010 .......... December 5, 2008 .. Approved by EPA on March 

12, 2012, at 77 FR 14604. 

Regulation 19, Appendix A ....... Insignificant Activities List ........ July 26, 2010 .......... December 5, 2008 .. No action at this time. 

November 6, 2012 .. June 22, 2012 and 

October 26, 2012. 

Regulation 19, Appendix B ....... National Ambient Air Quality 

Standards List.

September 10, 2014 

request for parallel processing.

August 22, 2014 ..... Evaluated in this action. 

Regulation 26, Chapter 3 ......... Requirements for a Permit, Applicability.November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

No action at this time. 


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1There are no PM2.5 nonattainment areas in 

Arkansas; therefore ADEQ is not required to adopt 

or submit a NNSR program for PM2.5

implementation as part of the Arkansas SIP. 

TABLE 1—SUMMARY OF THE INDIVIDUAL REVISIONS TO EACH SECTION EVALUATED—Continued 

Section Title Date submitted to 

EPA Adopted by State Comments 

Regulation 26, Chapter 4 ......... Applications for Permits ........... November 6, 2012 .. June 22, 2012 and 

October 26, 2012.

No action at this time. 

We have evaluated the July 26, 2010, 

November 6, 2012, and September 10, 

2014, SIP submissions for whether they 

meet the CAA and 40 CFR Part 51, and 

are consistent with the EPA’s 

interpretation of the relevant provisions. 

Today’s proposed action and the 

accompanying Technical Support 

Document (TSD) present our rational for 

proposing approval of these regulations 

as meeting the minimum federal 

requirements for the adoption and 

implementation of the NAAQS and 

required PSD permitting elements. The 

EPA is parallel processing the revisions 

proposed on August 22, 2014, based on 

the request submitted on September 10, 

2014. This means that the EPA is 

proposing approval at the same time 

that the ADEQ is completing the public 

comment and rulemaking process at the 

state level. The September 10, 2014, SIP 

revision request will not be complete 

and will not meet all the adequacy 

criteria until the state public process is 

complete and the SIP revision is 

submitted as a final adoption with a 

letter from the Governor or Governor’s 

designee. The EPA is proposing to 

approve the SIP revision request after 

completion of the state public process 

and final submittal. 

II. The EPA’s Analysis of the State 

Submittals 

A. Revisions to the Arkansas PSD 

Program To Address PM2.5 Permitting 

The ADEQ adopted revisions to the 

Arkansas SIP and the Arkansas PSD 

Program on August 22, 2014. The ADEQ 

submitted these adopted revisions to the 

EPA for parallel processing on 

September 10, 2014. These ADEQ 

revisions address the regulatory 

requirements of the EPA’s 

implementation rules for the 1997 and 

2006 PM2.5 NAAQS as applicable to the 

State’s general regulatory program and 

its PSD permitting program. 

Specifically, the EPA promulgated two 

rules establishing both required and 

optional implementation regulations for 

PM2.5: The May 16, 2008 final rule for 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5) (referred to as the NSR PM2.5

Implementation Rule), 73 FR 28321, and 

the October 20, 2010 final rule for 

Prevention of Significant Deterioration 

(PSD) for Particulate Matter Less than 

2.5 Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC) (referred to as the PM2.5 PSD 

Increments—SILs—SMC Rule), 75 FR 

64864. Today’s proposed action and the 

accompanying Technical Support 

Document (TSD) present our rationale 

for proposing approval of this 

submission as part of the Arkansas PSD 

SIP by finding that the Arkansas PSD 

SIP includes the requirements to 

address these two rulemakings 

concerning the PM2.5 NAAQS.1

1. The NSR PM2.5 Implementation Rule 

a. How does the September 10, 2014, 

revision to the Arkansas PSD program 

address the requirements of the NSR 

PM2.5 Implementation Rule? 

The EPA’s final NSR PM2.5

Implementation Rule required states to 

submit applicable SIP revisions to the 

EPA no later than May 16, 2011, to 

address this Rule’s PSD and NNSR SIP 

requirements. Based on the analysis 

presented below and in our 

accompanying TSD, the EPA is 

proposing to find that the September 10, 

2014, revision to the Arkansas PSD SIP 

includes all of the PSD requirements of 

the 2008 final NSR PM2.5

Implementation Rule for the following 

reasons: 

(1) Regulation of Direct PM2.5 and 

Precursors: The Arkansas SIP at 

Regulation 19, Chapter 3 and Appendix 

B gives the ADEQ the authority to 

implement the 2006 PM2.5 NAAQS for 

purposes of PSD. Further, the 

September 10, 2014, revisions to the 

definition of ‘‘Regulated NSR pollutant’’ 

at Regulation 19.903(B) identify that 

direct emissions of PM2.5 and its 

precursors, NOX and SO2, are regulated 

under the Arkansas PSD program. 

(2) Establish SERs: The Arkansas PSD 

program at Regulation 19.904(A)(2) 

incorporates by reference the significant 

emission rates for direct PM2.5 emissions 

and precursors of PM2.5 as promulgated 

by EPA at 40 CFR 52.21(b)(23) on May 

16, 2008. 

(3) Condensable PM10/PM2.5

Emissions: The Arkansas PSD program 

includes condensable emissions of PM10

and PM2.5 for purposes of PSD 

permitting at Regulation 19.903(B)(6). 

The language submitted on September 

10, 2014, is consistent with the federal 

requirements promulgated on May 16, 

2008 at 40 CFR 51.166(b)(49)(vi) and 

corrected by EPA on October 25, 2012 

at 40 CFR 51.166(b)(49)(i)(a). 

b. Litigation on the May 16, 2008 PM2.5

NSR Implementation Rule 

On January 4, 2013, the U.S. Court of 

Appeals, in Natural Resources Defense 

Council v. EPA, 706 F.3d 428 (D.C. Cir.), 

issued a judgment that remanded the 

EPA’s 2007 and 2008 rules 

implementing the 1997 PM2.5 NAAQS, 

including the NSR PM2.5

Implementation Rule. The court ordered 

the EPA to ‘‘repromulgate these rules 

pursuant to Subpart 4 consistent with 

this opinion.’’ Id. at 437. Subpart 4 of 

Part D, Title 1 of the CAA establishes 

additional provisions for particulate 

matter nonattainment areas. 

The 2008 NSR PM2.5 Implementation 

Rule addressed by the court decision 

described above, promulgated NSR 

requirements for implementation of 

PM2.5 in both nonattainment areas 

(NNSR) and attainment/unclassifiable 

areas (PSD). As the requirements of 

Subpart 4 only pertain to nonattainment 

areas, the EPA does not consider the 

portions of the 2008 rule that address 

requirements for PM2.5 in attainment 

and unclassifiable areas to be affected 

by the court’s opinion. Moreover, the 

EPA does not anticipate the need to 

revise any PSD requirements 

promulgated in the 2008 NSR PM2.5

Rule in order to comply with the court’s 

decision. Accordingly, the EPA’s 

proposed approval of Arkansas’s SIP 

revisions with respect to the PSD 

requirements promulgated by the 2008 

NSR PM2.5 Rule does not conflict with 

the court’s opinion. 

The Court’s decision with respect to 

the NNSR requirements promulgated by 

the 2008 NSR PM2.5 Rule also does not 

affect the EPA’s action on the present 

proposed approval, as this proposed 

approval does not address any of the 

PM2.5 nonattainment NSR requirements. 


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66668 Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 

2. The PM2.5 PSD Increment—SILs— 

SMC Rule 

a. How does the September 10, 2014 

revision to the Arkansas PSD program 

satisfy the Required Increment 

Component of the PM2.5 Increment— 

SILs—SMC Rule? 

The EPA finalized the PM2.5 PSD 

Increment—SILs—SMC Rule to provide 

additional regulatory requirements 

under the PSD SIP program regarding 

the implementation of the PM2.5

NAAQS. See 75 FR 64864. The PM2.5

PSD Increment—SILs—SMC Rule 

required states to submit SIP revisions 

to the EPA by July 20, 2012, adopting 

provisions equivalent to or at least as 

stringent as the PSD increments and 

associated implementing regulations. 

Specifically, the SIP rule requires a 

state’s submitted PSD SIP revision to 

adopt and submit for EPA approval the 

PM2.5 increments pursuant to section 

166(a) of the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS and associated 

implementing regulations. More detail 

on the PM2.5 PSD Increment—SILs— 

SMC Rule can be found in the EPA’s 

October 20, 2010 final rule. See 75 FR 

64864. 

With respect to the required 

increment component of the PM2.5

Increment—SILs—SMC Rule, the ADEQ 

incorporated by reference the federal 

requirements for PM2.5 increment at 40 

CFR 52.21(c) as promulgated by EPA on 

October 20, 2011. The ADEQ also 

incorporated by reference the required 

definitions to implement the PM2.5

increment promulgated by the EPA on 

October 20, 2011, such as baseline area 

at 40 CFR 52.21(b)(15)(i), major source 

baseline date at 40 CFR 52.21(b)(14)(i), 

minor source baseline date at 40 CFR 

52.21(b)(14)(ii) and (iii), source impact 

analysis requirements at 40 CFR 

52.21(k)(1) and requirements for sources 

impacting Federal Class I areas at 40 

CFR 52.21(p). The EPA is proposing to 

find that the Arkansas PSD NSR SIP 

now includes the PM2.5 increments and 

associated implementing regulations, 

and these increments and implementing 

regulations are applicable requirements 

for sources and modifications that are 

major for PM2.5 and/or the identified 

precursors of SO2 and NOX. 

b. How does the September 10, 2014, 

revision to the Arkansas PSD program 

address the Optional SILs and SMC 

Components of the PM2.5 Increment— 

SILs—SMC Rule? 

EPA’s October 20, 2010, PM2.5

Increment—SILs—SMC Rule also 

provided that States could 

discretionarily choose to adopt and 

submit for EPA approval SILs used as a 

screening tool to evaluate the impact a 

proposed new major source or major 

modification may have on the NAAQS 

or PSD increment, and a SMC (also a 

screening tool) to determine the 

subsequent level of ambient air 

monitoring data gathering required for a 

PSD permit application for emissions of 

PM2.5. 

On January 22, 2013, the U.S. Court 

of Appeals granted a request from the 

EPA to vacate and remand to the EPA 

portions of the federal PSD regulations 

(40 CFR 51.166(k)(2) and 52.21(k)(2)) 

setting forth provisions for 

implementing SILs for PM2.5 so that the 

EPA could reconcile the inconsistency 

between the regulatory text and certain 

statements in the preamble to the 2010 

final rule. Sierra Club v. EPA, 705 F.3d 

458, 463–64 (D.C. Cir. 2013). The court 

declined to vacate the different portion 

of the federal PSD regulations (40 CFR 

51.165(b)(2)) for implementing SILs for 

PM2.5 that did not contain the same 

inconsistency in the regulatory text. Id. 

at 465–66. The court further vacated the 

portions of the PSD regulations (40 CFR 

51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c)) 

implementing a PM2.5 SMC, finding that 

the EPA lacked legal authority to adopt 

and use the PM2.5 SMC to exempt 

permit applicants from the statutory 

requirement to compile and submit 

ambient monitoring data. Id. at 468–69. 

On December 9, 2013, the EPA issued a 

good cause final rule formally removing 

the affected SILs and SMC provisions 

from the CFR. See 78 FR 73698. 

The September 10, 2014 revision to 

the Arkansas PSD program does not 

include the optional PM2.5 SMC and SIL 

provisions. Unless explicitly identified 

in Regulation 19.904(A), the Arkansas 

PSD SIP only incorporates by reference 

the federal PSD requirements at 40 CFR 

52.21(a)(2) through (bb) as in effect on 

November 29, 2005. Because Regulation 

19.904(A) does not explicitly identify 40 

CFR 52.21(k)(2) or 52.21(i)(5)(i)(c) as 

promulgated by the EPA on October 20, 

2011 as being part of the Arkansas PSD 

program, the EPA proposes to find that 

the Arkansas PSD program does not 

include the PM2.5 SIL and SMC 

provisions that have been vacated by the 

Courts and removed by the EPA on 

December 9, 2013. 

3. Interstate Transport of Air Pollution 

and PSD 

CAA 110(a)(2)(D)(i)(I) calls for the SIP 

to prohibit emissions to other states 

which will (1) contribute significantly to 

nonattainment of the NAAQS or (2) 

interfere with maintenance of the 

NAAQS. CAA 110(a)(2)(D)(i)(II) calls for 

the SIP to prohibit emissions to other 

states which will (1) interfere with 

measures required to prevent significant 

deterioration or (2) interfere with 

measures to protect visibility. The 

December 17, 2007 SIP submittal 

addressed CAA 110(a)(2)(D)(i)(I) and (II) 

for the 1997 PM2.5 NAAQS. We 

previously acted on (1) the contribution 

to nonattainment and interference with 

maintenance portion (August 29, 2013, 

78 FR 53269) and (2) the visibility 

protection portion (March 12, 2012, 77 

FR 14604). We neglected to act on the 

portion pertaining to interstate transport 

of air pollution and PSD. 

The CAA 110(a)(2)(D)(i)(II) interstate 

transport requirement for PSD is met 

when new major sources and major 

modifications in a state are subject to a 

comprehensive EPA-approved PSD 

permitting program that (1) applies to 

all regulated NSR pollutants and (2) 

satisfies the requirements of EPA’s PSD 

implementation rules. This is because a 

fully approved PSD program necessarily 

needs to fully consider source impacts 

on other States. Because these criteria 

will be met with our approval of the 

Arkansas PSD SIP revision, we are 

proposing to approve the portion of the 

December 17, 2007 SIP submittal that 

addresses interstate transport of air 

pollution and PSD for the 1997 PM2.5

NAAQS (CAA 110(a)(2)(D)(i)(II)). 

B. Impacts on Existing Federal 

Implementation Plan Clocks 

The EPA previously promulgated a 

partial approval and partial disapproval 

of the Arkansas infrastructure SIP for 

the 1997 ozone NAAQS and the 1997 

and 2006 PM2.5 NAAQS on August 20, 

2012 (77 FR 50033, August 20, 2012). 

The partial disapproval was based on 

the State’s failure to submit the required 

PSD SIP revisions from the May 16, 

2008 PM2.5 NSR Implementation Rule. 

The EPA’s partial disapproval of 

required elements of the Act started a 

federal implementation plan (FIP) clock 

for the required 2008 NSR PM2.5

Implementation Rule revisions, which 

expired on September 19, 2014. 

The EPA on May 22, 2014, made a 

separate finding of failure to submit for 

the State of Arkansas based on the 

State’s failure to submit revisions to the 

SIP incorporating the required 

component of the October 20, 2010 

PM2.5 PSD Increment—SILs—SMC Rule. 

See 79 FR 29354. The EPA’s finding of 

failure to submit established a 24-month 

deadline by which time the EPA must 

promulgate a FIP for Arkansas to 

address the PM2.5 PSD requirements for 

increment and the associated 

implementing regulations, unless the 

State submits and the EPA approves a 

SIP revision that corrects the deficiency 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 66669 

before the EPA promulgates a FIP for the 

State, in accordance with section 

110(c)(1). 

The EPA’s proposed action today 

preliminarily finds that the September 

10, 2014, submittal for parallel 

processing satisfies all required 

elements for PM2.5 PSD implementation 

as required through EPA’s May 16, 

2008, and October 20, 2010, final rules. 

Accordingly, finalization of today’s 

proposal will stop the two FIP clocks on 

the lack of these elements in the 

Arkansas PSD program and remove any 

FIP obligation from EPA for the PM2.5

PSD implementation. 

C. General Updates to the Arkansas SIP 

The July 26, 2010 and November 6, 

2012 submittals, included numerous 

updates throughout the Arkansas SIP at 

Regulation 19 to update incorporation 

by reference dates, and correct grammar 

and formatting. The accompanying TSD 

provides a line-item analysis of each of 

these revisions. Our analysis 

demonstrates that these revisions are 

non-substantive in nature. Thus EPA is 

proposing approval. 

The September 10, 2014 submittal 

contains new Appendix B to Regulation 

19 that is intended to establish the 

specific NAAQS that are implemented 

through the Arkansas SIP and the 

Arkansas PSD program. Appendix B 

captures the ambient air quality 

standards promulgated in 40 CFR Part 

50 as of July 27, 2012. Although 

Appendix B as submitted is approvable, 

this incorporation by reference date 

does not capture the 2012 particulate 

matter primary NAAQS revision (78 FR 

3086). Under CAA 110(a)(1), the State is 

allowed 3 years from the date of 

promulgation of national ambient air 

quality primary standard to submit a 

plan which provides for 

implementation, maintenance, and 

enforcement of such primary standard 

in each air quality control region (or 

portion thereof) within such State. 

Therefore, Arkansas is required to 

submit revisions to address the 2012 

particulate matter primary NAAQS 

revision by December 14, 2015. 

III. Proposed Action 

The EPA proposes to approve the 

revisions to the Arkansas SIP submitted 

on July 26, 2010, November 6, 2012, and 

September 10, 2014, because we have 

made the preliminary determination 

that these SIP packages were adopted 

and submitted in accordance with the 

CAA and EPA regulations regarding 

implementation of the PM2.5 NAAQS. 

Therefore, under section 110 and part C 

of the Act and for the reasons stated 

above, the EPA proposes to approve the 

following revisions to the Arkansas SIP: 

• Revisions to Regulation 19, Chapter 

1 submitted on July 26, 2010 and 

November 6, 2012; 

• Revisions to Regulation 19, Chapter 

2 submitted on July 26, 2010, November 

6, 2012, and September 10, 2014, with 

the exception of the GHG Biomass 

Deferral provision submitted as part of 

the definition of CO2e on November 6, 

2012; 

• Revision to Regulation 19, Chapter 

3 submitted on July 26, 2010 and 

September 10, 2014; 

• Revisions to Regulation 19, Chapter 

5 submitted on July 26, 2010 and 

September 10, 2014; 

• Revisions to Regulation 19, Chapter 

6 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

7 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

9 submitted on September 10, 2014; 

• Revisions to Regulation 19, Chapter 

10 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

11 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

13 submitted on July 26, 2010 

• New Regulation 19, Appendix B 

submitted on September 10, 2014; and 

• A portion of a December 17, 2007 

SIP submittal addressing interstate 

transport of air pollution and PSD for 

the 1997 PM2.5 NAAQS (CAA 

110(a)(2)(D)(i)(II)). 

The EPA is also proposing to find that 

the Arkansas PSD NSR SIP meets all the 

CAA PSD requirements for 

implementing the 1997 and 2006 PM2.5

NAAQS, including the PM2.5 PSD 

requirements contained in the federal 

regulations as of December 9, 2013, 

including regulation of NOX and SO2 as 

PM2.5 PSD precursors, regulation of 

condensables, and PM2.5 increments. As 

such, upon finalization of today’s 

proposed rulemaking, the EPA will stop 

the two FIP clocks that are currently 

running on the Arkansas PSD program 

pertaining to PM2.5 PSD 

implementation. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Clean Air Act and applicable Federal 

regulations. 42 U.S.C. 7410(k); 40 CFR 

52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen Oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 


rmajette on DSK2TPTVN1PROD with PROPOSALS
66670 Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 

Dated: October 29, 2014. 

Samuel Coleman, 

Acting Regional Administrator. 

[FR Doc. 2014–26627 Filed 11–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0370; FRL–9918–98- 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Utah; Motor Vehicle Inspection and 

Maintenance and Associated 

Revisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

State Implementation Plan (SIP) 

revisions submitted by the State of Utah. 

The revisions involve amendments to 

Section X, Part A, Vehicle Inspection 

and Maintenance Program, General 

Requirements and Applicability; the 

addition of Section X, Part F, Cache 

County Vehicle Inspection and 

Maintenance Program; and revisions to 

Utah Administrative Rules R307–110–1, 

R307–110–31, and R307–110–36. EPA is 

proposing approval of these SIP 

revisions in accordance with the 

requirements of section 110 of the Clean 

Air Act (CAA). 

DATES: Comments must be received on 

or before December 10, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2014–0370, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: russ.tim@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, EPA, Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, EPA, Region 8, Mailcode 

8P–AR, 1595 Wynkoop, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2014– 

0370. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA, without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I, 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Air Program, EPA, Region 8, 

Mailcode 8P–AR, 1595 Wynkoop, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Tim 

Russ, Air Program, EPA, Region 8, 

Mailcode 8P–AR, 1595 Wynkoop, 

Denver, Colorado 80202–1129, (303) 

312–6479, russ.tim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The initials BRHD mean Bear River 

Health Department. 

(iii) The words EPA, we, us or our mean 

or refer to the United States Environmental 

Protection Agency. 

(iv) The initials DMV mean Department of 

Motor Vehicles. 

(v) The initials I/M mean inspection and 

maintenance. 

(vi) The initials NAAQS mean national 

ambient air quality standard. 

(vii) The initials NOx mean nitrogen 

oxides. 

(viii) The initials OBD mean On-Board 

Diagnostics. 

(ix) The initials PM2.5 mean Particulate 

Matter equal to or less than 2.5 microns in 

diameter. 

(x) The initials RPM mean revolutions per 

minute. 

(xi) The initials SIP mean or refer to State 

Implementation Plan. 

(xii) The initials TSI mean Two Speed Idle. 

(xiii) The initials UAQB mean Utah Air 

Quality Board. 

(xiv) The initials UDAQ mean Utah 

Division of Air Quality. 

(xv) The words Utah and State mean the 

State of Utah. 

(xvi) The initials VOC mean volatile 

organic compound. 

Table of Contents 

I. General Information 

II. Background 

III. What was the State’s process? 

IV. EPA’s Evaluation of the State’s Revisions 

to Section X, Part A, Vehicle Inspection 

and Maintenance Program, General 

Requirements and Applicability 

V. EPA’s Evaluation of the State’s Revisions 

to Section X, Part F, Cache County Motor 

Vehicle Inspection and Maintenance 

Program 

VI. EPA’s Evaluation of the State’s Associated 

Revisions to Utah Rules R307–110–1, 

R307–110–31, and R307–110–36 

VII. Consideration of Section 110(1) of the 

Clean Air Act 

VIII. Proposed Action 

IX. Statutory and Executive Order Reviews 

I. General Information 

1. Submitting CBI. Do not submit CBI 

to EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 


rmajette on DSK2TPTVN1PROD with PROPOSALS