Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 23245 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0378; FRL–9926–93– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Prevention of Significant Deterioration; 

Greenhouse Gas Plantwide 

Applicability Limit Permitting 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

one revision to the Arkansas State 

Implementation Plan (SIP) submitted by 

the Arkansas Governor to the EPA on 

January 7, 2014. This submittal revises 

the Arkansas Prevention of Significant 

Deterioration (PSD) Permitting Program 

to incorporate by reference federal 

plantwide applicability limit (PAL) 

permitting provisions to enable the State 

of Arkansas to issue PSD PALs to 

sources with greenhouse gas (GHG) 

emissions. The EPA is proposing to find 

that the January 7, 2014 revision to the 

Arkansas SIP is consistent with federal 

requirements for PSD permitting. The 

EPA is also proposing ministerial 

changes to the Code of Federal 

Regulations (CFR) to reflect recent EPA 

SIP approvals to the Arkansas PSD 

program and to show that SIP 

deficiencies identified in prior partial 

disapprovals have been addressed. We 

are proposing this action under section 

110 and part C of title I of the Clean Air 

Act (CAA or the Act). 

DATES: Written comments should be 

received on or before May 27, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2014–0378, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• 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– 

0378. The 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. 

Adina Wiley, (214) 665–2115, 

wiley.adina@epa.gov. To inspect the 

hard copy materials, please schedule an 

appointment with Ms. Adina Wiley 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. Summary of the EPA’s Tailoring Rule 

and GHG PALs Rule 

B. Summary of the January 7, 2014 

Arkansas SIP Submittal 

C. Ministerial Changes to the CFR 

II. The EPA’s Evaluation 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

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

requires states to develop and submit to 

the EPA for approval into the state SIP, 

preconstruction review and permitting 

programs applicable to certain new and 

modified stationary sources of air 

pollutants for attainment and 

nonattainment areas that cover both 

major and minor new sources and 

modifications, collectively 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 

National Ambient Air Quality Standard 

(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 not in 

attainment of the NAAQS— 

‘‘nonattainment areas.’’ The Minor NSR 

SIP program addresses construction or 

modification activities that do not emit, 

or have the potential to emit, beyond 

certain major source thresholds, and 

thus do not qualify as ‘‘major,’’ and 

applies regardless of the designation of 

the area in which a source is located. 

The 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 51.160– 

51.166. 

A. Summary of the EPA’s Tailoring Rule 

and GHG PALs Rule 

On June 3, 2010, the EPA issued a 

final rule, known as the Tailoring Rule, 

which phased in permitting 

requirements for GHG emissions from 

stationary sources under the CAA PSD 

and title V permitting programs (75 FR 

31514). For Step 1 of the Tailoring Rule, 

which began on January 2, 2011, PSD or 

title V requirements applied to sources 

of GHG emissions only if the sources 

were subject to PSD or title V ‘‘anyway’’ 

due to their emissions of non-GHG 

pollutants. These sources are referred to 

as ‘‘anyway sources.’’ Step 2 of the 

Tailoring Rule, which began on July 1, 

2011, applied the PSD and title V 

permitting requirements under the CAA 

to sources that were classified as major, 

and, thus, required to obtain a permit, 

based solely on their potential GHG 

emissions and to modifications of 

otherwise major sources that required a 


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23246 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 

1For a complete history of EPA’s rulemakings 

related to GHG emissions please review the 

following final actions: ‘‘Endangerment and Cause 

or Contribute Findings for Greenhouse Gases Under 

Section 202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009). 

‘‘Interpretation of Regulations that Determine 

Pollutants Covered by Clean Air Act Permitting 

Programs.’’ 75 FR 17004 (April 2, 2010). 

Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

Prevention of Significant Deterioration and Title 

V Greenhouse Gas Tailoring Rule; Final Rule.’’ 75 

FR 31514 (June 3, 2010). 2 134 S.Ct. 2427 (2014). 

PSD permit because they increased only 

GHG above applicable levels in the EPA 

regulations. 

On July 12, 2012, the EPA 

promulgated the final ‘‘Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule Step 3 

and GHG Plantwide Applicability 

Limits’’ (GHG Tailoring Rule Step 3 and 

GHG PALs).1 77 FR 41051. In the 

Tailoring Rule Step 3 portion of this 

rule, the EPA decided against further 

phase in of the PSD and Title V 

requirements to apply to sources 

emitting lower levels of greenhouse gas 

emissions. Thus, the thresholds for 

determining PSD applicability based on 

emission of greenhouse gases remained 

the same as established in Step 2 of the 

Tailoring Rule. The Step 3 portions of 

the EPA’s July 12, 2012 final rule are not 

relevant to today’s proposed action on 

the Arkansas SIP revision. 

The GHG PALs portion of the July 12, 

2012 final rule promulgated revisions to 

the EPA regulations under 40 CFR part 

52 for establishing PALs for GHG 

emissions. For a full discussion of the 

EPA’s rationale for the GHG PALs 

provisions, see the notice of final 

rulemaking at 77 FR 41051. A PAL 

establishes a site-specific plantwide 

emission level for a pollutant that 

allows the source to make changes at the 

facility without triggering the 

requirements of the PSD program, 

provided that emissions do not exceed 

the PAL level. Under the EPA’s 

interpretation of the federal PAL 

provisions, such PALs are already 

available under PSD for non-GHG 

pollutants and for GHGs on a mass 

basis, and the EPA revised the PAL 

regulations to allow for GHG PALs to be 

established on a carbon dioxide 

equivalent (CO2e) basis as well. See 77 

FR 41052. The EPA finalized these 

revisions in an effort to streamline 

federal and SIP PSD permitting 

programs by allowing sources and 

permitting authorities to address GHGs 

using a PAL in a manner similar to the 

use of PALs for non-GHG pollutants. 

See 77 FR 41051, 41052. 

B. Summary of the January 7, 2014 

Arkansas SIP Submittal 

On April 2, 2013, the EPA approved 

a revision to the Arkansas SIP providing 

the State of Arkansas the authority to 

regulate and permit emissions of GHGs 

under the Arkansas PSD Program and 

simultaneously rescinded the GHG PSD 

FIP for Arkansas. See 78 FR 19596. 

Arkansas submitted on January 7, 2014, 

regulations specific to the Arkansas 

GHG PSD permitting program for 

approval by the EPA into the Arkansas 

SIP. The January 7, 2014, SIP revision 

submittal includes the PSD permitting 

provisions that were adopted on June 

28, 2013, at the Arkansas Pollution 

Control and Ecology Commission’s 

(‘‘Commission’’) Regulation Number 19, 

Regulations of the Arkansas Plan of 

Implementation for Air Pollution 

Control (hereinafter Regulation 19 at 

19.904(A)(1) and (G)(1) that provide the 

Arkansas Department of Environmental 

Quality (ADEQ) the ability to issue GHG 

PSD PALs consistent with the 

‘‘Prevention of Significant Deterioration 

and Title V Greenhouse Gas Tailoring 

Rule Step 3 and GHG Plantwide 

Applicability Limits Final Rule’’ (77 FR 

41051). The January 7, 2014 submittal 

also included a non-substantive revision 

to the Regulation 19.904(E)(3) to correct 

a reference to federal air quality models 

for PSD permitting. Today’s proposal 

and the accompanying Technical 

Support Document (TSD) present our 

rationale for approving these regulations 

as meeting the minimum federal 

requirements for the adoption and 

implementation of the PSD SIP 

permitting programs. 

C. Ministerial Changes to the CFR 

We are proposing ministerial changes 

to 40 CFR 52.170(e) and 40 CFR 

52.172(b) which reflect that deficiencies 

identified in in our partial disapproval 

of ADEQ’s December 17, 2007 and 

March 28, 2008 SIP submittals for the 

1997 8-hour ozone NAAQS have been 

adequately addressed by the State. We 

are proposing the changes because we 

fully approved the revisions to the 

Arkansas PSD program providing the 

authority to regulate and permit 

emissions of GHGs on April 2, 2013 (78 

FR 19596). As a result of our full 

approval of the Arkansas PSD program 

for GHGs, the partial disapproval is no 

longer applicable. 

We are also proposing a ministerial 

change to 40 CFR 52.181(a) to show that 

the EPA approved a revision to the 

Arkansas PSD program on April 2, 2013, 

to provide the state the authority to 

regulate and permit GHGs. See 78 FR 

19596. 

II. The EPA’s Evaluation 

The EPA’s most recent approval to the 

Arkansas PSD program was on March 4, 

2015, where we updated our approval of 

the Arkansas PSD program to include 

the December 1, 2014 submitted 

revisions to provide the ADEQ the 

authority to regulate and permit 

emissions of fine particulate matter and 

its precursors consistent with federal 

requirements. Our March 4, 2015 final 

action did not address the pending 

submittal regarding the GHG PSD PALs 

submitted on January 7, 2014. See 80 FR 

11573. 

The State of Arkansas has adopted 

and submitted one revision to the PSD 

program on January 7, 2014, affecting 

Regulation 19.904—Adoption of 

Regulations, Sections 19.904(A)(1), 

(E)(3), and (G)(1). The revisions to 

Regulation 19.904(A)(1) and (G)(1) have 

been submitted to provide for the 

issuance of GHG PSD PAL permits 

through the incorporation by reference 

of the federal regulations at 40 CFR 

52.21(aa) and the adoption of revisions 

to the definition of ‘‘Greenhouse gases’’ 

that are consistent with the 

requirements promulgated by EPA in 

our final rule on July 12, 2012, titled 

‘‘Prevention of Significant Deterioration 

and Title V Greenhouse Gas Tailoring 

Rule Step 3 and GHG Plantwide 

Applicability Limits.’’ See 77 FR 41501. 

In addition, the revision to Regulation 

19.904(E)(3) updates a reference to the 

federal air quality models used for PSD 

permitting. 

The ADEQ has adopted and submitted 

regulations that are consistent with the 

federal regulations for the permitting of 

GHG-emitting sources through a GHG 

PSD PAL effective as of August 13, 

2012. The detailed analysis in our TSD 

demonstrates that the revisions to 

Regulation 19.904(A)(1) incorporate by 

reference the GHG PSD PAL provisions 

at 40 CFR 52.21(aa), effective on August 

13, 2012. The revisions to Regulation 

19.904(G)(1) revise the Arkansas PSD 

SIP provisions for GHG PSD permitting 

to amend the definition of ‘‘GHGs’’ to 

mirror the provisions promulgated by 

the EPA on July 12, 2012, effective on 

August 13, 2012, for the issuance of 

GHG PSD PALs. 

On June 23, 2014, the United States 

Supreme Court, in Utility Air Regulatory 

Group v. Environmental Protection 

Agency,2 issued a decision addressing 

the application of PSD permitting 

requirements to GHG emissions. The 

Supreme Court said that the EPA may 

not treat GHGs as an air pollutant for 

purposes of determining whether a 


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3Original case is Coalition for Responsible 

Regulation v. EPA, D.C. Cir., No. 09–1322, 06/26/ 

20, judgment entered for No. 09–1322 on 04/10/

2015. 4 722 F.3d 401 (D.C. Cir. 2013). 

source is a major source (or 

modification thereof) required to obtain 

a PSD permit. The Court also said that 

the EPA could continue to require that 

PSD permits, otherwise required based 

on emissions of pollutants other than 

GHGs, contain limitations on GHG 

emissions based on the application of 

Best Available Control Technology 

(BACT).The Supreme Court decision 

effectively upheld PSD permitting 

requirements for GHG emissions under 

Step 1 of the Tailoring Rule for ‘‘anyway 

sources’’ and invalidated PSD 

permitting requirements for Step 2 

sources. 

In accordance with the Supreme 

Court decision, on April 10, 2015, the 

U.S. Court of Appeals for the District of 

Columbia Circuit (the D.C. Circuit) 

issued an amended judgment vacating 

the regulations that implemented Step 2 

of the Tailoring Rule, but not the 

regulations that implement Step 1 of the 

Tailoring Rule. A copy of the judgment 

is included in the docket to this 

rulemaking.3 The amended judgment 

preserves, without the need for 

additional rulemaking by the EPA, the 

application of the Best Available 

Control Technology (BACT) 

requirement to GHG emissions from 

sources that are required to obtain a PSD 

permit based on emissions of pollutants 

other than GHGs (‘‘anyway’’ sources). 

The D.C. Circuit’s judgment vacated the 

regulations at issue in the litigation, 

including 40 CFR 51.166(b)(48)(v), ‘‘to 

the extent they require a stationary 

source to obtain a PSD permit if 

greenhouse gases are the only pollutant 

(i) that the source emits or has the 

potential to emit above the applicable 

major source thresholds, or (ii) for 

which there is a significant emissions 

increase from a modification.’’ 

The EPA may need to take additional 

steps to revise federal PSD rules in light 

of the Supreme Court decision and 

recent D.C. Circuit judgment. In 

addition, the EPA anticipates that many 

states will revise their existing SIPapproved PSD programs. The EPA is not 

expecting states to have revised their 

existing PSD program regulations at this 

juncture. However, the EPA is 

evaluating PSD program submissions to 

assure that the state’s program correctly 

addresses GHGs consistent with both 

decisions. 

Arkansas’s existing approved SIP 

contains the greenhouse gas permitting 

requirements required under 40 CFR 

51.166, as amended in the Tailoring 

Rule. As a result, the State’s SIPapproved PSD permitting program 

continues to require that PSD permits 

(otherwise required based on emissions 

of pollutants other than GHGs) contain 

limitations on GHG emissions based on 

the application of BACT when sources 

emit or increase greenhouse gases in the 

amount of 75,000 tons per year (tpy), 

measured as carbon dioxide equivalent. 

Although the SIP-approved Arkansas 

PSD permitting program may also 

currently contain provisions that are no 

longer necessary in light of the D.C. 

Circuit’s judgment or the Supreme Court 

decision, this does not prevent the EPA 

from approving the submission 

addressed in this rule. Arkansas’s 

January 7, 2014 SIP submission does not 

add any greenhouse gas permitting 

requirements that are inconsistent with 

either decision. 

Likewise, this revision does add to the 

Arkansas SIP elements of the EPA’s July 

12, 2012 rule implementing Step 3 of 

the phase in of PSD permitting 

requirements for greenhouse gases 

described in the Tailoring Rule, which 

became effective on August 13, 2012. 

Specifically, the incorporation of the 

Step 3 rule provisions will allow GHGemitting sources to obtain PALs for their 

GHG emissions on a CO2e basis. The 

GHG PAL provisions, as currently 

written, include some provisions that 

may no longer be appropriate in light of 

both the D.C. Circuit judgment and the 

Supreme Court decision. Since the 

Supreme Court has determined that 

sources and modifications may not be 

defined as ‘‘major’’ solely on the basis 

of the level of greenhouse gases emitted 

or increased, PALs for greenhouse gases 

may no longer have value in some 

situations where a source might have 

triggered PSD based on greenhouse gas 

emissions alone. However, PALs for 

GHGs may still have a role to play in 

determining whether a modification that 

triggers PSD for a pollutant other than 

greenhouse gases should also be subject 

to BACT for greenhouse gases. These 

provisions, like the other GHG 

provisions discussed previously, may be 

revised at some future time. However, 

these provisions do not add new 

requirements for sources or 

modifications that only emit or increase 

greenhouse gases above the major 

source threshold or the 75,000 tpy 

greenhouse gas level in section 

52.21(b)(49)(iv). Rather, the PALs 

provisions provide increased flexibility 

to sources that wish to address their 

GHG emissions in a PAL. Since this 

flexibility may still be valuable to 

sources in at least one context described 

above, we believe that it is appropriate 

to approve these provisions into the 

Arkansas SIP at this juncture. 

In a related matter, on July 12, 2013 

the D.C. Circuit, in Center for Biological 

Diversity v. EPA,4 vacated the 

provisions of the Biomass Deferral, 

which had delayed (for three years) the 

applicability of PSD and title V 

requirements to biogenic CO2 emissions. 

While the opportunity to seek rehearing 

of this D.C. Circuit decision remains 

open and thus the ultimate disposition 

of the Federal regulations implementing 

the Biomass Deferral has not yet been 

determined, the three-year deferral 

expired on July 21, 2014. Consistent 

with 40 CFR 51.166(b)(48)(ii)(a), the 

provision in the approved Arkansas PSD 

SIP at Regulation 19.904(G)(2)(b) 

implementing the Biomass Deferral does 

not apply after the July 21, 2014 date 

contained therein. Thus, this prior 

approval does not conflict with the D.C. 

Circuit’s decision. 

ADEQ has also adopted and 

submitted a revision to the SIPapproved provisions at Regulation 

19.904(E)(3) to update the reference to 

the federal air quality models to be used 

for PSD permitting. The reference now 

reads 40 CFR 52.21(l)(2) as opposed to 

the prior incorrect reference to 40 CFR 

52.21(2). The EPA proposes to find that 

the ADEQ has correctly revised the 

Arkansas PSD program to reference 

federal requirements. 

III. Proposed Action 

The EPA is proposing to approve the 

January 7, 2014 submitted revisions to 

the Arkansas PSD Permitting Program at 

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

(G)(1) into the Arkansas SIP. The EPA 

is proposing to determine that the 

January 7, 2014 revision is approvable 

because the submitted rules are adopted 

and submitted in accordance with the 

CAA and are consistent with the EPA’s 

regulations regarding PSD permitting for 

emissions of GHGs. Therefore, the EPA 

proposes to approve the following as a 

revision to the Arkansas PSD SIP: 

• Substantive revisions to Regulation 

19.904(A)(1) incorporating by reference 

the federal GHG PSD PAL permitting 

provisions, 

• Revisions to Regulation 19.904(E)(3) 

to update the reference to federal PSD 

air quality models at 40 CFR 52.21(l)(2), 

and 

• Substantive revisions to Regulation 

19.904(G)(1) establishing the 

requirements for GHG PSD PAL permits 

consistent with federal requirements. 

The EPA is also proposing ministerial 

changes to 40 CFR 52.170(e) and 40 CFR 

52.172(b) which reflect that deficiencies 


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23248 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Proposed Rules 

identified in our partial disapproval of 

the December 17, 2007 and March 28, 

2008 Arkansas SIP submittals for the 

1997 8-hour ozone NAAQS were 

addressed by our approval of Arkansas 

PSD program revisions which provide 

the authority to regulate and permit 

emissions of GHGs on April 2, 2013 (78 

FR 19596). We are also proposing a 

ministerial change to 40 CFR 52.181(a) 

to reflect that the EPA approved a 

revision to the PSD program for the 

authority to regulate and permit 

emissions of GHGs on April 2, 2013 (78 

FR 19596). 

The EPA is proposing these actions 

under section 110 and part C of the Act, 

and for the reasons stated above. 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the revisions to the Arkansas PSD 

Program at Regulation 19.904 discussed 

in section II of this preamble. 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 CAA. 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 Orders 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 CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule is not proposed to 

apply on any Indian reservation land or 

in any other area where the EPA or an 

Indian tribe has demonstrated that tribe 

has jurisdiction. In those areas of Indian 

country, the proposed 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds, and Incorporation 

by reference. 

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

Dated: April 17, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–09729 Filed 4–24–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 69 

[WC Docket No. 05–25; RM–10593; DA 15– 

382] 

Comment Deadlines Further Extended 

in Special Access Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; extension of 

comment and reply comment deadlines. 

SUMMARY: The Wireline Competition 

Bureau (Bureau) extends deadlines for 

the public to file comments and reply 

comments in response to the Special 

Access Further Notice of Proposed 

Rulemaking (Special Access FNPRM) 

until July 1, 2015 and July 22, 2015, 

respectively. 

DATES: Comments are due on or before 

July 1, 2015, and reply comments are 

due on or before July 22, 2015. 

ADDRESSES: You may submit comments 

on the Special Access FNPRM, 

identified by WC Docket No. 05–25, 

RM–10593, by any of the following 

methods: 

• Electronic Filers: Federal 

Communication Commission’s 

Electronic Comments Filing System 

(ECFS): http://fjallfoss.fcc.gov/ecfs2/. 

Follow the instructions for submitting 

comments. 

• Paper Filers: All hand-delivered or 

messenger-delivered paper filings for 

the Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th Street SW., Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. Eastern Time 

(ET). All hand deliveries must be held 

together with rubber bands or fasteners. 

Any envelopes and boxes must be 

disposed of before entering the building. 

Commercial overnight mail (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

• People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, or audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

FOR FURTHER INFORMATION CONTACT: 

Christopher Koves, Pricing Policy 

Division, Wireline Competition Bureau, 

(202) 418–1540 or Christopher.Koves@

fcc.gov. 


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