24216 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

1Only the portions of Chapter 2 that relate to the 

Air program are included in the Arkansas SIP. The 

definitions to include are specified in ADEQ letter 

to the EPA dated December 11, 2014, which is 

available in our rulemaking docket and addressed 

in more detail in the TSD. 

2 Ibid. 

3The Arkansas Department of Environmental 

Quality (ADEQ) is the state agency that is charged 

with protecting, enhancing and restoring the 

environment for Arkansas. The Arkansas Pollution 

Control and Ecology Commission (APC&EC) is the 

environmental policy-making body for Arkansas. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R06–OAR–2015–0054; FRL–9926–91– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; State of 

Arkansas; Revisions to the State 

Implementation Plan; Fee Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve revisions to the 

Arkansas State Implementation Plan 

(SIP) related to the Fee Regulations 

section of the Arkansas SIP that were 

submitted by the State of Arkansas on 

November 6, 2012. The EPA has 

evaluated the SIP submittal from 

Arkansas and determined these 

revisions are consistent with the 

requirements of the Clean Air Act (Act 

or CAA). The EPA is approving this 

action under section 110 of the Act. 

DATES: This direct final rule is effective 

on June 29, 2015 without further notice, 

unless the EPA receives relevant 

adverse comment by June 1, 2015. If the 

EPA receives such comment, the 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–2015–0054, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions. 

(2) Email: Ms. Tracie Donaldson at 

donaldson.tracie@epa.gov. 

(3) Mail or Delivery: Ms. Tracie 

Donaldson, 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–2015– 

0054. 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 the 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 the 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, the 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 the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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 the 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). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tracie Donaldson, (214) 665–6633, 

donaldson.tracie@epa.gov. To inspect 

the hard copy materials, please schedule 

an appointment with Ms. Donaldson or 

Mr. Bill Deese at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background 

A. CAA and SIPs 

B. SIP Revision Submitted on November 6, 

2012 

II. The EPA’s Evaluation 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

A. CAA and SIPs 

Section 110 of the CAA requires states 

to develop and submit to the EPA a SIP 

to ensure that state air quality meets 

National Ambient Air Quality Standards 

(NAAQS). The NAAQS currently 

address six criteria pollutants: carbon 

monoxide, nitrogen dioxide, ozone, 

lead, particulate matter, and sulfur 

dioxide. Each federally-approved SIP 

protects air quality primarily by 

addressing air pollution at its point of 

origin through air pollution regulations 

and control strategies. The EPAapproved SIP provisions and control 

strategies are federally enforceable. 

States revise the SIP as needed and 

submit revisions to the EPA for 

approval. 

B. SIP Revision Submitted on November 

6, 2012 

On June 22, 2012, the Arkansas 

Pollution Control and Ecology 

Commission (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 revised 

regulations as a revision to the Arkansas 

SIP in a letter dated November 6, 2012. 

The November 6th, 2012, letter 

requested that the EPA repeal the 

current SIP-approved permit fee 

program provisions found in Regulation 

9 and replace with the new provisions 

included in the submittal for Chapters 1, 

2,1 3, 5, and 9, of Regulation 9 which 

relate to the State’s air program. This 

action will repeal the current SIPapproved version of Regulation 9 and 

replace with the current version of 

Regulation 9, Chapters 1, 2,2 3, 5, and 

9 as requested by Arkansas. This 

includes revisions to Regulation 9, 

Chapter 5 addressing fee requirements 

for carbon dioxide and methane. The 

revisions to Regulations 19 and 26 will 

be addressed in separate rulemaking by 

the EPA. 

II. The EPA’s Evaluation 

As detailed in the Technical Support 

Document (TSD) accompanying this 

action, the ADEQ 3 submitted a SIP 


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Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 24217 

4The Arkansas air permitting program is a one 

permit system (meaning that title I and title V are 

issued together for major sources) the fee 

regulations are combined in Regulation 9. The EPA 

has not evaluated the revised Regulation 9 Fee 

Provisions for sufficiency under 40 CFR 70.9 of the 

title V state operating permit program. 

5Only the portions of Chapter 2 that relate to the 

Air program are included in the Arkansas SIP. The 

definitions to include are specified in ADEQ letter 

to the EPA dated December 11, 2014, which is 

available in our rulemaking docket and addressed 

in more detail in the TSD. 

revision to the fee regulations requesting 

a withdrawal of the current SIPapproved permit fee program and 

replacement with the submitted revised 

fee regulations containing a new fee 

schedule and associated provisions 

specific to the State’s air program. The 

EPA has reviewed the submitted 

revisions and determined that the 

submitted revised fee program is 

consistent with the general 

requirements at CAA section 

110(a)(2)(E)(i) to provide necessary 

assurances that the State will have 

adequate funding to carry out the 

provisions of the Arkansas SIP as it 

pertains to major and minor source Title 

I permitting and CAA section 

110(a)(2)(L) that requires states to charge 

necessary fees for the development and 

implementation of major source Title I 

permits. The Arkansas SIP is intended 

to implement Title I of the CAA, while 

Title V requirements are not generally 

included in SIPs.4 The repeal and 

replace included in the November 6, 

2012, SIP submittal more accurately 

represents the current fee structure than 

the previously approved SIP, which was 

approved by EPA on November 12, 

1986. Based on EPA’s evaluation of the 

fee assessment provisions submitted, 

EPA finds the submitted repeal and 

replace of, and subsequent revisions to 

Arkansas Regulation 9 establishing fee 

requirements for permits is consistent 

with sections 110(a)(2)(E)(i) and 

110(a)(2)(L) of the CAA. 

III. Final Action 

For the reasons stated above and in 

the TSD, the EPA is taking direct final 

action to approve revisions to the 

Arkansas SIP pertaining to title I fees. 

Specifically, the EPA is deleting the 

current SIP-approved fee program and 

approving in its place the revised 

Arkansas fee program at Regulation 9, 

Chapters 1, 2,5 3, 5 and 9 effective on 

July 9, 2012, and submitted as revisions 

to the Arkansas SIP on November 6, 

2012. 

We are approving the revisions to the 

Arkansas SIP 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 29, 

2015 without further notice unless we 

receive relevant adverse comment by 

June 1, 2015. 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. 

IV. Incorporation by Reference 

In this direct final rule, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

Arkansas title I Permit Fees described in 

the Final Action section above. The EPA 

has made, and will continue to make, 

these documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 the 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). 

The SIP is not approved to apply on any 

Indian reservation land or in any other 

area where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The 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). 


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24218 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 

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 29, 2015. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 17, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart E—Arkansas 

■ 2. In § 52.170(c), the table titled ‘‘EPAApproved Regulations in the Arkansas 

SIP’’ is amended by revising the heading 

and entries for ‘‘Arkansas Regulation 

No. 9: Permit Fees,’’ to read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP 

State citation Title/ 

subject 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

*******

Regulation No. 9: Fee Regulation 

Chapter 1 .................. Title ........................... 7/9/2012 4/30/2015 [Insert FR citation].

Chapter 2 .................. Definitions ................. 7/9/2012 4/30/2015 [Insert FR citation].The following definitions do not relate to the air program and are not being approved into the SIP: 

‘‘Category’’, ‘‘Certificate’’, ‘‘Confined Animal Operation’’, ‘‘Discretionary Major Facility’’, ‘‘Evaluation’’, 

‘‘Laboratory‘‘, ‘‘Major Municipal Facility’’, ‘‘Non-Municipal Major Facility’’, ‘‘Parameter’’, ‘‘Program’’. 

Chapter 3 .................. Permit Fee Payment 7/9/2012 4/30/2015 [Insert FR citation].

Chapter 5 .................. Air Permit Fees ......... 7/9/2012 4/30/2015 [Insert FR citation].

Chapter 9 .................. Administrative Procedures.7/9/2012 4/30/2015 [Insert FR citation].

* * * * * 

[FR Doc. 2015–09905 Filed 4–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60 and 63 

[EPA–HQ–OAR–2009–0234 and EPA–HQ– 

OAR–2011–0044; FRL–9926–74–OAR] 

RIN 2060–AR62 

Reconsideration on the Mercury and 

Air Toxics Standards (MATS) and the 

Utility New Source Performance 

Standards; Final Action 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action denying 

petitions for reconsideration. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is providing 

notice that it has responded to 23 

petitions for reconsideration of the final 

rules titled National Emission Standards 

for Hazardous Air Pollutants (NESHAP) 

From Coal- and Oil-Fired Electric Utility 

Steam Generating Units and Standards 

of Performance (NSPS) for Fossil-FuelFired Electric Utility, IndustrialCommercial-Institutional, and Small 

Industrial-Commercial-Institutional 

Steam Generating Units, published in 

the Federal Register on February 16, 

2012. The agency previously granted 

reconsideration on several discrete 

issues and took final action on 

reconsideration through documents 

published in the Federal Register on 

April 24, 2013, and November 19, 2014. 

The Administrator denied the remaining 

requests for reconsideration in separate 

letters to the petitioners dated April 21, 

2015. A document providing a full 

explanation of the agency’s rationale for 

each denial is in the docket for these 

rules. 

DATES: Effective April 30, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jim Eddinger, Sector Policies and 

Programs Division (D243–01), Office of 

Air Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

5426; fax number: (919) 541–5450; 

email address: eddinger.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How can I get copies of this document 

and other related information? 

This Federal Register document, the 

petitions for reconsideration, the letters 

denying the petitions for 

reconsideration, and the document 

titled ‘‘Denial of Petitions for 


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