Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 53269 

[FR Doc. 2013–21028 Filed 8–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2008–0633; FRL–9900–32- 

Region6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Interstate Transport of Fine Particulate 

Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving portions of 

State Implementation Plan (SIP) 

submittals from the State of Arkansas to 

address Clean Air Act (CAA or Act) 

requirements in section 110(a)(2)(D)(i)(I) 

that prohibit air emissions which will 

contribute significantly to 

nonattainment or interfere with 

maintenance in any other state for the 

1997 and 2006 fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS). EPA has 

determined that the existing SIP for 

Arkansas contains adequate provisions 

to prohibit air emissions from 

significantly contributing to 

nonattainment or interfering with 

maintenance of the 1997 annual and 24- 

hour PM2.5 NAAQS (1997 PM2.5

NAAQS) and the 2006 revised 24-hour 

PM2.5 NAAQS (2006 PM2.5 NAAQS) in 

any other state as required by section 

110(a)(2)(D)(i)(I) of the Act. 

DATES: This final rule is effective on 

September 30, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2008–0633. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act Review Room between 

the hours of 8:30 a.m. and 4:30 p.m. 

weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, Air Planning Section (6PD–L), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6645; email address 

young.carl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our May 7, 2013 

proposal (78 FR 26568). In that notice, 

we proposed to approve portions of SIP 

submittals for the State of Arkansas 

submitted on December 17, 2007, and 

September 16, 2009, and the technical 

supplement submitted on March 20, 

2013, that determined the existing SIP 

for Arkansas contains adequate 

provisions to prohibit air emissions 

from contributing significantly to 

nonattainment or interfering with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in any other state as required 

by CAA section 110(a)(2)(D)(i)(I). This 

action is being taken under section 110 

of the Act. We did not receive any 

comments regarding our proposal. 

II. Final Action 

We are approving portions of SIP 

submittals for the State of Arkansas 

submitted on December 17, 2007, and 

September 16, 2009, and the technical 

supplement submitted on March 20, 

2013, to address interstate transport for 

the 1997 and 2006 PM2.5 NAAQS. We 

approve the portions of the SIP 

submittals and technical supplement 

determining the existing SIP for 

Arkansas contains adequate provisions 

to prohibit air emissions from 

contributing significantly to 

nonattainment or interfering with 

maintenance of the 1997 and 2006 PM2.5

NAAQS in any other state as required 

by CAA section 110(a)(2)(D)(i)(I). This 

action is being taken under section 110 

of the Act. 

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, 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 

mstockstill on DSK4VPTVN1PROD with RULES

53270 Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations 

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 

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 October 28, 2013. 

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, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 14, 2013. 

William K. Honker, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart E—Arkansas 

■ 2. The third table in § 52.170(e) 

entitled ‘‘EPA-Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Arkansas SIP’’ is 

amended by adding an entry at the end 

for ‘‘Interstate transport for the 1997 and 

2006 PM2.5 NAAQS’’ to read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 

EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP 

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Interstate transport for the 1997 and 

2006 PM2.5 NAAQS (contribute to nonattainment or interfere with maintenance).

Statewide .......... 12/17/2007 

9/16/2009 

8/29/2013 [Insert FR page number 

where document begins].

[FR Doc. 2013–21024 Filed 8–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0064; FRL–9813–9] 

Revision of Air Quality Implementation 

Plan; California; Sacramento 

Metropolitan Air Quality Management 

District; Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and technical 

amendments. 

SUMMARY: EPA is finalizing approval of 

two permitting rules submitted by 

California as a revision to the 

Sacramento Metropolitan Air Quality 

Management District (SMAQMD or 

District) portion of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on February 14, 2013 and 

concern construction and modification 

of stationary sources of air pollution 

within Sacramento County. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA). Final 

approval of these rules makes the rules 

federally enforceable and corrects 

program deficiencies identified in a 

previous EPA rulemaking (76 FR 43183, 

July 20, 2011). EPA is also making 

technical amendments to the Code of 

Federal Regulations (CFR) to reflect this 

previous rulemaking, which removed an 

obsolete provision from the California 

SIP. 

DATES: Effective Date: This rule is 

effective on September 30, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0064 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov or 

in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents are 

listed at www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 14, 2013 (78 FR 10589), 

EPA proposed to fully approve the 

following rules that were submitted for 

incorporation into the California SIP. 

mstockstill on DSK4VPTVN1PROD with RULES