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[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21631-21636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08647]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2009-0594; FRL-9909-56-Region 6]

Approval and Promulgation of Implementation Plans; States of 
Arkansas and Louisiana; Clean Air Interstate Rule State Implementation 
Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking a direct 
final action to approve revisions submitted to the applicable State 
Implementation Plans (SIPs) addressing the requirements of EPA's Clean 
Air Interstate Rule (CAIR) for Arkansas and Louisiana. EPA is approving 
revisions to the CAIR NOX Ozone Season allocation 
methodology submitted by the State of Arkansas as revisions to the 
Arkansas SIP on September 16, 2009. EPA is also approving revisions to 
the CAIR NOX Annual and Ozone Season Abbreviated SIP for the 
annual and ozone season NOX allocation methodologies and the 
CAIR SO2 SIP submitted by the State of Louisiana as 
revisions to the Louisiana SIP on July 1, 2009. EPA has evaluated the 
CAIR SIP revisions for Arkansas and Louisiana and determined these 
revisions to be consistent with the requirements of CAIR and the Clean 
Air Act (Act or CAA). This action is being taken under section 110 of 
the Act.

DATES: This direct final rule is effective on June 16, 2014 without 
further notice, unless EPA receives relevant adverse comment by May 19, 
2014. If EPA receives such comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0594, by one of the following methods:
    (1) www.regulations.gov: Follow the on-line instructions.
    (2) Email: Ms. Adina Wiley at wiley.adina@epa.gov.
    (3) 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-
2009-0594. 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

[[Page 21632]]

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: If you have questions concerning 
today's direct final action, please contact Ms. Adina Wiley (6PD-R), 
Air Permits Section, Environmental Protection Agency, Region 6, 1445 
Ross Avenue (6PD-R), Suite 1200, Dallas, Texas 75202-2733, telephone 
(214) 665-2115; email address wiley.adina@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Regulatory History of CAIR
II. General Requirements of CAIR
III. Analysis of the Arkansas September 16, 2009, CAIR SIP Revision
IV. Analysis of the Louisiana July 1, 2009, CAIR SIP Revision
V. Final Action
VI. Statutory and Executive Order Reviews

I. Regulatory History of CAIR

    EPA published CAIR on May 12, 2005 (70 FR 25162). In CAIR, EPA 
determined that 28 states and the District of Columbia contribute 
significantly to nonattainment and interfere with maintenance of the 
1997 national ambient air quality standards (NAAQS) for fine particles 
(PM2.5) and/or the 1997 8-hour ozone NAAQS in downwind 
states in the eastern part of the country. As a result, EPA required 
those upwind states to revise their SIPs to include control measures 
that reduce emissions of sulfur dioxide (SO2), which is a 
precursor to PM2.5 formation, and/or nitrogen oxides 
(NOX), which is a precursor to both ozone and 
PM2.5 formation. For jurisdictions that contribute 
significantly to downwind PM2.5 nonattainment, CAIR sets 
annual state-wide emission reduction requirements (i.e., budgets) for 
SO2 and NOX. Similarly, for jurisdictions that 
contribute significantly to 8-hour ozone nonattainment, CAIR sets 
state-wide emission budgets for NOX for the ozone season 
(May 1st to September 30th). Under CAIR, states may implement these 
reduction requirements by participating in the EPA-administered cap-
and-trade programs or by adopting any other control measures.
    Additionally, on April 28, 2006, EPA published two additional CAIR-
related final rules that added the states of Delaware and New Jersey to 
the list of states subject to CAIR for 1997 PM2.5 and 
announced EPA's final decisions on reconsideration of five issues, 
without making any substantive changes to the CAIR requirements. On 
October 19, 2007, EPA amended CAIR to clarify the definition of 
``cogeneration unit'' and, thus, the applicability of the CAIR trading 
program to cogeneration units.
    EPA was sued by a number of parties on various aspects of CAIR, and 
on July 11, 2008, the D.C. Circuit Court found CAIR unlawful. North 
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). The Court's original 
decision vacated CAIR. Id. at 929-30. However, the Court subsequently 
remanded CAIR to EPA without vacatur because it found that allowing 
CAIR to remain in effect until it is replaced would preserve the 
environmental values covered by CAIR. On August 8, 2011, EPA finalized 
its Cross State Air Pollution Rule (CSAPR) (Transport Rule) intended to 
replace the remanded CAIR. However, on August 21, 2012, the D.C. 
Circuit issued a decision vacating the Transport Rule. EME Homer City 
Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012). The Court again 
ordered EPA to continue implementing CAIR in the interim pending 
promulgation of a replacement rule. Subsequently, the Supreme Court 
granted the United States' petition for certiorari and agreed to review 
the D.C. Circuit's decision in EME Homer City, and held oral arguments 
on December 10, 2013. A decision is currently pending. In the meantime, 
EPA intends to act in accordance with the D.C. Circuit's instruction in 
EME Homer City to continue implementing CAIR. CAIR requirements are in 
place, its regional control programs are operating while EPA develops 
replacement rules in response to the pertinent court decisions, and 
CAIR requirements remain in effect for Arkansas and Louisiana. The 
instant actions have no impact on the legal status of CAIR or CSAPR.

II. General Requirements of CAIR

    CAIR establishes State-wide emission budgets for SO2 and 
NOX and is to be implemented in two phases. The first phase 
of NOX reductions started in 2009 and continues through 
2014, while the first phase of SO2 reductions started in 
2010 and continues through 2014. The second phase of reductions for 
both NOX and SO2 starts in 2015 and continues 
thereafter. CAIR requires States to implement the budgets by either: 
(1) requiring EGUs to participate in the EPA-administered cap-and-trade 
programs; or (2) adopting other control measures of the State's 
choosing and demonstrating that such control measures will result in 
compliance with the applicable State SO2 and NOX 
budgets.
    The May 12, 2005 and April 28, 2006, CAIR rules provide model rules 
that States must adopt (with certain limited changes, if desired) if 
they want to participate in the EPA-administered trading programs. With 
two exceptions, only States that choose to meet the requirements of 
CAIR through methods that exclusively regulate EGUs are allowed to 
participate in the EPA-administered trading programs. One exception is 
for States that adopt the opt-in provisions of the model rules to allow 
non-EGUs individually to opt into the EPA-administered trading 
programs. The other exception applies to States that choose to include 
all non-EGUs from their NOX SIP Call trading programs in 
their CAIR NOX ozone season trading programs.\1\
---------------------------------------------------------------------------

    \1\ Arkansas and Louisiana did not adopt opt-in provisions in 
the original CAIR SIP submittals. Arkansas and Louisiana are not 
subject to the NOX SIP Call. Therefore, the Arkansas and 
Louisiana CAIR regulations only pertain to EGUs.
---------------------------------------------------------------------------

    States have the flexibility to choose the type of control measures 
they use to meet the requirements of CAIR. EPA anticipated that most 
States would choose to meet the CAIR requirements by selecting an 
option that requires EGUs to participate in the EPA-administered CAIR 
cap-and-trade programs. For such States, EPA provides two approaches 
for submitting and obtaining approval for CAIR SIP revisions. States 
may submit full SIP revisions that adopt the model CAIR cap-and-trade 
rules. If approved, these SIP revisions fully replace the CAIR FIPs. 
Alternatively, States may submit abbreviated SIP revisions. These SIP 
revisions do not replace the CAIR FIPs; however, the CAIR FIPs provide 
that, when approved, the provisions in these abbreviated SIP revisions 
be used

[[Page 21633]]

instead of or in conjunction with, as appropriate, the corresponding 
provisions of the CAIR FIPs (e.g., the NOX allowance 
allocation methodology).

III. Analysis of the Arkansas September 16, 2009, CAIR SIP Revision

    EPA approved the Arkansas CAIR NOX Ozone Season SIP on 
September 26, 2007, as fully implementing the requirements of the CAIR 
NOX Ozone Season Program by requiring certain EGUs to 
participate in the EPA-administered CAIR cap-and-trade program for 
NOX ozone season emissions. See 72 FR 54556. Subsequent to 
our full approval of the Arkansas CAIR NOX ozone season SIP 
and the withdrawal of the CAIR NOX ozone season FIP for 
Arkansas, the Arkansas Department of Environmental Quality (ADEQ) 
submitted on September 16, 2009, one revision to the Arkansas SIP for 
the CAIR NOX Ozone Season program. The September 16, 2009, 
SIP submittal includes revisions to the CAIR NOX Ozone 
Season incorporation by reference dates at Regulation 19.1401 and the 
allocation methodology at Regulation 19.1404 adopted by the Arkansas 
Pollution Control and Ecology Commission on December 5, 2008 and June 
26, 2009. Because we have already approved the underlying Arkansas CAIR 
NOX ozone season program as satisfying the minimum 
requirements of CAIR, EPA will only evaluate the revisions submitted to 
the Arkansas CAIR NOX ozone season SIP.

A. Revisions to Regulation 19.1401

    The ADEQ submitted a revision to the incorporation by reference 
date of the CAIR NOX Ozone Season program at Regulation 
19.1401--Adoption of Regulations. In this section, the ADEQ 
incorporates the requirements of 40 CFR Part 96, Subparts AAAA--HHHH 
for the CAIR NOX Ozone Season Trading Program, as finalized 
by the EPA on May 12, 2005, and further revised on April 28, 2006, 
December 13, 2006 and October 19, 2007. EPA finds that the ADEQ 
correctly updated the CAIR applicability to address the revisions made 
to the definition of cogeneration units on October 19, 2007. EPA is 
approving this revision to the incorporation by reference date as 
consistent with the requirements of CAIR.

B. Revisions to Regulation 19.1404

    The ADEQ submitted revisions to the Arkansas CAIR NOX 
Ozone Season allocation methodology at Regulation 19.1404--CAIR 
NOX Ozone Season Allowance Allocations. EPA has previously 
SIP-approved Regulation 19.1404 as replacing the federal allocation 
methodology at 40 CFR Part 96, Subpart EEEE. The underlying allocation 
methodology remains unchanged, but the ADEQ has adopted and submitted 
non-substantive revisions to update cross-references and abbreviations. 
EPA is approving these non-substantive revisions as necessary to 
improve clarity and functionality of the rule.

IV. Analysis of the Louisiana July 1, 2009, CAIR SIP Revision

A. Revisions to the Louisiana CAIR NOX Annual and 
NOX Ozone Season Abbreviated SIP

    EPA approved the Louisiana CAIR NOX Annual and 
NOX Ozone Season Abbreviated SIP revision on September 28, 
2007. See 72 FR 55064. In that action, we evaluated the NOX 
Annual and NOX Ozone Season allocation methodologies, found 
them to be consistent with the requirements of the CAIR NOX 
Annual and NOX Ozone Season programs, and determined that 
the Louisiana allocation methodology was sufficient to replace the CAIR 
NOX Annual and NOX Ozone Season FIP allocation 
methodologies.
    Since our September 28, 2007 approval of the Louisiana abbreviated 
CAIR NOX Annual and NOX Ozone Season SIP 
revision, the LDEQ adopted and submitted on July 1, 2009, one revision 
to the Louisiana SIP to revise the NOX annual and 
NOX ozone season allocation methodologies at LAC 
33:III.506.A and 506.B. Generally, the July 1, 2009, submittal updates 
the citations to address the October 19, 2007 revisions to CAIR for 
cogenerators; revises and adds definitions to the CAIR NOX 
annual and NOX ozone season allocation methodologies; and 
revises the allocation methodology provisions as a result of comments 
and experience to promote more equitable distribution of allowances 
specific to the Louisiana regulated EGUs.
1. Revisions to LAC 33:III.506.A--CAIR NOX Annual Program
    The LDEQ submitted revisions to the CAIR NOX Annual 
Abbreviated SIP at LAC 33:III.506(A) Clean Air Interstate Rule 
Requirements--Nitrogen Oxide Annual Program. The LDEQ has revised the 
introductory paragraph to state that the requirements of 40 CFR Part 
97, Subparts AA--HH for the CAIR NOX Annual Trading Program, 
as revised on October 19, 2007, continue to apply, except as modified 
by the Louisiana CAIR NOX Annual abbreviated SIP. The 
abbreviated SIP revision for NOX Annual Allocation 
methodology at LAC 33.III.506(A) will continue to replace the 
requirements at 40 CFR 97.141 and 97.142 regarding Timing Requirements 
for CAIR NOX Allowance Allocations and CAIR NOX 
Allowance Allocations. EPA finds that the LDEQ correctly updated the 
CAIR applicability to address the revisions made to the definition of 
cogeneration units on October 19, 2007. EPA is approving this revision 
to LAC 33:III.506(A) as consistent with the requirements of CAIR.
    The LDEQ also submitted revisions to the Louisiana CAIR 
NOX Annual Allocation Methodology. These revisions are 
implemented through new and amended definitions applicable to the 
Louisiana CAIR NOX Annual program at LAC 33:III.506(A)(1) 
and the provisions establishing the allocation calculations at LAC 
33:III.506(A)(2). Combined, these revisions modify the Louisiana CAIR 
NOX annual allocation methodology to distribute allowances 
to certified and utility units in a manner found to be more equitable 
by the state and add provisions to address allocations to repowered 
units. The submitted revisions did not revise any of the SIP-approved 
requirements for submittal of the allocations to EPA or revise the 
NOX Annual budget for Louisiana. EPA is approving these 
revisions because we find that the LDEQ has tailored the CAIR 
NOX Annual allocation methodology to be reflective of 
Louisiana-specific circumstances, as is the state's prerogative under 
the CAIR SIP provisions at 40 CFR 51.123(p)(1).
2. Revisions to LAC 33:III.506.B--CAIR NOX Ozone Season 
Program
    The LDEQ submitted revisions to the incorporation by reference date 
of the CAIR NOX Ozone Season Abbreviated SIP at LAC 
33:III.506(B) Clean Air Interstate Rule Requirements--Nitrogen Oxide 
Ozone Season Program. The LDEQ has revised the introductory paragraph 
to state that the requirements of 40 CFR Part 97, Subparts AAAA--HHHH 
for the CAIR NOX Ozone Season Trading Program, as revised on 
October 19, 2007, continue to apply, except as modified by the 
Louisiana CAIR NOX Ozone Season abbreviated SIP. The 
abbreviated SIP revision for NOX Ozone Season Allocation 
methodology at LAC 33.III.506(B) will continue to replace the 
requirements at 40 CFR 97.341 and 97.342 regarding Timing Requirements 
for CAIR NOX Ozone Season Allowance Allocations and CAIR 
NOX Ozone Season Allowance Allocations. EPA finds that the 
LDEQ correctly updated the CAIR applicability to address the revisions 
made to the definition of

[[Page 21634]]

cogeneration units on October 19, 2007. EPA is approving this revision 
to LAC 33:III.506(B) as consistent with the requirements of CAIR.
    The LDEQ also submitted revisions to the Louisiana CAIR 
NOX Ozone Season Allocation Methodology. These revisions are 
implemented through new and amended definitions applicable to the 
Louisiana CAIR NOX Ozone Season program at LAC 
33:III.506(B)(1) and the provisions establishing the allocation 
calculations at LAC 33:III.506(B)(2). Combined, these revisions modify 
the Louisiana CAIR NOX ozone season allocation methodology 
to distribute allowances to certified and utility units in a manner 
found to be more equitable by the state and add provisions to address 
allocations to repowered units. The submitted revisions did not revise 
any of the SIP-approved requirements for submittal of the allocations 
to EPA or revise the NOX Ozone Season budget for Louisiana. 
EPA is approving these revisions because we find that the LDEQ has 
tailored the CAIR NOX Ozone Season allocation methodology to 
be reflective of Louisiana-specific circumstances, as is the state's 
prerogative under the CAIR SIP provisions at 40 CFR 51.123(ee)(2).

B. Revisions to the Louisiana CAIR SO2 Program

    On July 20, 2007, EPA approved the Louisiana CAIR SO2 
SIP as fully implementing the annual SO2 requirements of 
CAIR by requiring certain EGUs to participate in the EPA-administered 
CAIR cap-and-trade program for SO2 emissions. See 72 FR 
39741.
1. Revisions to LAC 33:III.506.C--CAIR Annual SO2 Program
    Subsequent to our full approval of the Louisiana CAIR 
SO2 SIP and the withdrawal of the CAIR SO2 FIP 
for Louisiana, the LDEQ submitted on July 1, 2009, a revision to the 
Louisiana SIP for the CAIR SO2 program. The July 1, 2009, 
SIP submittal updates the CAIR SO2 program incorporation by 
reference dates at LAC 33:III.506.C. In this section, the LDEQ 
incorporates by reference the CAIR SO2 program as published 
at 40 CFR Part 96 on July 1, 2007 and revised on October 19, 2007 at 72 
FR 59190-59207. EPA finds that the LDEQ correctly updated the CAIR 
SO2 incorporation by reference dates to include the 
revisions made to the definition of cogeneration units on October 19, 
2007. EPA is approving this revision to the incorporation by reference 
date as consistent with the requirements of CAIR.

V. Final Action

    Under section 110 of the Act, and for the reasons stated above, EPA 
is taking direct final action to approve revisions to the Arkansas and 
Louisiana SIPs pertaining to CAIR. Specifically, EPA is approving 
revisions to the Arkansas CAIR NOX Ozone Season Program at 
Regulation 19.1401 and 19.1404 as adopted on December 5, 2008, and 
submitted as revisions to the Arkansas SIP on September 16, 2009. EPA 
is also approving revisions to the Louisiana CAIR NOX Annual 
and Ozone Season Program for the annual and ozone season NOX 
allocation methodologies at LAC 33:III.506 (A) and (B) and the 
Louisiana CAIR SO2 Program at LAC 33:III.506(C) adopted on 
June 20, 2008, by the State of Louisiana and submitted as revisions to 
the Louisiana SIP on July 1, 2009.
    We are approving the revisions to the Arkansas and Louisiana SIPs 
under section 110 of the Act. We are publishing this rule without prior 
proposal because we view this as a noncontroversial amendment and 
anticipate no relevant adverse comments. However, in the proposed rules 
section of this Federal Register publication, we are publishing a 
separate document that will serve as the proposal to approve the SIP 
revision if relevant adverse comments are received. This rule will be 
effective on June 16, 2014 without further notice unless we receive 
relevant adverse comment by May 19, 2014. If we receive relevant 
adverse comments, we will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. We 
will address all public comments in a subsequent final rule based on 
the proposed rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so now. 
Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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

[[Page 21635]]

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 June 16, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 2, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart E--Arkansas

0
2. In Sec.  52.170(c), the table titled ``EPA-Approved Regulations in 
the Arkansas SIP'' is amended by revising the entries for Reg. 19.1401 
and Reg 19.1404.

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation             Title/Subject        submittal/      EPA approval date        Explanation
                                                      effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401.................  Adoption of                 9/16/2009  4/17/2014 [Insert FR  ....................
                                Regulations.                           page number where
                                                                       document begins]..
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reg. 19.1404.................  CAIR NOX Ozone Season       9/16/2009  4/17/2014 [Insert FR  ....................
                                Allowance                              page number where
                                Allocations.                           document begins]..
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart T--Louisiana

0
3. In Sec.  52.970(c), the table titled ``EPA Approved Louisiana 
Regulations in the Louisiana SIP'' is amended by revising the entries 
for Sections 506(A), 506(B), and 506(C).

Sec.  52.970  Identification of plan.

* * * * *
    (c) * * *

                             EPA-Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
                                                      State approval
        State citation             Title/Subject           date         EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 506(A)...............  Clean Air Interstate        6/20/2008  4/17/2014 [Insert FR
                                Rule Requirements--                    page number where
                                Nitrogen Oxide                         document begins].
                                Annual Program.
Section 506(B)...............  Clean Air Interstate        6/20/2008  4/17/2014 [Insert FR
                                Rule Requirements--                    page number where
                                Nitrogen Oxide Ozone                   document begins].
                                Season Program.
Section 506(C)...............  Clean Air Interstate        6/20/2008  4/17/2014 [Insert FR
                                Rule Requirements--                    page number where
                                Annual Sulfur                          document begins].
                                Dioxide.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-08647 Filed 4-16-14; 8:45 am]
BILLING CODE 6560-50-P
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