[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15038-15040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04102]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2022-0984; FRL-11401-02-R6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Arkansas; Negative Declaration 
for Existing Sulfuric Acid Plants; Plan Revision for Existing Kraft 
Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving the CAA section 
111(d) State plan revision submitted by the State of Arkansas for 
existing kraft pulp mills subject to the Kraft Pulp Mills Emission 
Guidelines (EG). The Arkansas section 111(d) plan revision for kraft 
pulp mills contains administrative changes to the State regulations and 
also aligns compliance testing requirements to make it consistent with 
EPA's kraft pulp mills new source performance standards. EPA is also 
notifying the public that we have received a CAA section 111(d) 
negative declaration from Arkansas for existing sulfuric acid plants 
subject to the Sulfuric Acid Plants EG. This negative declaration 
certifies that existing sulfuric acid plants subject to the Sulfuric 
Acid Plants EG and the requirements of sections 111(d) of the CAA do 
not exist within Arkansas. The EPA is approving the State plan revision 
for existing kraft pulp mills, accepting the negative declaration for 
existing sulfuric acid plants, withdrawing its approval of the Arkansas 
State plan for existing sulfuric acid plants, and amending the agency 
regulations in accordance with the requirements of the CAA.

DATES: This rule is effective on April 1, 2024. The incorporation by 
reference of certain material listed in the rule is approved by the 
Director of the Federal Register April 1, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2022-0984. All documents in the docket are 
listed on the https://www.regulations.gov website. 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. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch, (214) 665-7346, <a href="/cdn-cgi/l/email-protection#0d7f786c632061686423666c7f626164636c4d687d6c236a627b"><span class="__cf_email__" data-cfemail="1c6e697d723170797532777d6e737075727d5c796c7d327b736a">[email protected]</span></a>. Please call or email 
the contact listed above if you need alternative access to material 
indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
October 23, 2023 proposal (88 FR 72723). In that document we proposed 
to approve the Arkansas State plan revision for existing kraft pulp 
mills, accept the negative declaration for existing sulfuric acid 
plants and withdraw approval of the Arkansas State plan for existing 
sulfuric acid plants, and amend the agency regulations at 40 CFR part 
62, subpart E, in accordance with the requirements of the CAA. EPA 
proposed to find that Arkansas' submittal, submitted by Arkansas 
Department of Energy and Environment, Division of Environmental Quality 
(ADEQ) on June 20, 2022, and supplemented on August 24, 2022, and 
August 31, 2022, meets the CAA section 111(d) requirements for plan 
revisions, negative declarations, and plan approval withdrawals in 
accordance with 40 CFR part 60, subpart B, 40 CFR part 62, subpart A, 
and the applicable EG requirements.
    We did not receive any comments regarding our proposal.

II. Final Action

    In this final action, the EPA is amending 40 CFR part 62, subpart 
E, to reflect EPA's approval of the Arkansas plan revision for existing 
kraft pulp mills, acceptance of the Arkansas negative declaration for 
existing sulfuric acid plants, and the withdrawal of EPA's approval of 
the Arkansas State plan for existing sulfuric acid plants. EPA takes 
this action in accordance with the requirements under section 111(d) of 
the CAA.

III. Environmental Justice Considerations

    Information on Executive Order 12898 (Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations, 59 FR 7629, February 16, 1994) and how EPA defines 
environmental justice can be found in the section titled ``Statutory 
and Executive Order Reviews'' in this final rule. EPA provided 
additional analysis of environmental justice associated with this 
action in our October 23, 2023 proposal (88 FR 72723) for the purpose 
of providing additional context and information about this rulemaking 
to the public, not as a basis of the action.
    This final action is approving Arkansas's June 20, 2022, CAA 
section 111(d) plan revision for kraft pulp mills and accepting 
Arkansas's negative declaration for existing sulfuric acid plants; 
changes from the previously approved Arkansas plan for kraft pulp mills 
are discussed under the section titled ``The EPA's Evaluation'' in the 
proposed rule for this action (88 FR 72723, October 23, 2023). Total 
reduced sulfur (TRS) is considered a welfare-related pollutant. 
Information on TRS and its relationship to negative health impacts can 
be found at the Federal Register document titled ``Kraft Pulp Mills, 
Notice of Availability of Final Guideline Document'' (44 FR 29828, May 
22, 1979). We expect that this action will generally have neutral

[[Page 15039]]

environmental and health impacts on all populations, including people 
of color and low-income populations, in Arkansas that are located near 
an existing kraft pulp mill. At a minimum, this action would not worsen 
any existing air quality and is expected to ensure the area is meeting 
requirements to attain air quality standards. Further, there is no 
information in the record indicating that this action is expected to 
have disproportionately high or adverse human health or environmental 
effects on a particular group of people.

IV. Incorporation by Reference

    In this 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 Arkansas 
Pollution Control and Ecology Commission (APC & EC) Rule 19, Chapter 8, 
approved January 28, 2022, which is part of the CAA section 111(d) Plan 
applicable to existing kraft pulp mills subject to the Kraft Pulp Mills 
Emission Guidelines within ADEQ's jurisdiction in the State of 
Arkansas. The regulatory provisions of APC & EC Rule 19, Chapter 8, 
incorporate the Kraft Pulp Mills Emission Guidelines promulgated by the 
EPA and provide emission standards for the control of existing kraft 
pulp mills, as defined in 40 CFR 60.281(a) and under the Kraft Pulp 
Mills Emission Guidelines, that commenced construction, modification, 
or reconstruction on or before September 24, 1976. The EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). This incorporation by reference has been approved by the 
Office of the Federal Register and the plan is federally enforceable 
under the CAA as of the effective date of this final rulemaking.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d) submission that complies with the provisions of the Act 
and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429; 
40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus, 
in reviewing CAA section 111(d) State plan submissions and negative 
declarations, EPA's role is to approve State choices, provided that 
they meet the criteria of the Act and implementing regulations. 
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:

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore 
not subject to a requirement for Executive Order 12866 review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any 
information collection activities.

C. Regulatory Flexibility Act (RFA)

    This action is certified to not have a significant economic impact 
on a substantial number of small entities under the RFA (5 U.S.C. 601 
et seq.). This action will approve plan revisions and accept negative 
declarations pursuant to CAA section 111(d) and will therefore have no 
net regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
State, local, or Tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action will not apply on any Indian reservation land or in any 
other area where EPA or an Indian Tribe has demonstrated that a Tribe 
has jurisdiction. In those areas of Indian country, 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).

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definitions of ``covered 
regulatory action'' in section 2-202 of the Executive order. Therefore, 
this action is not subject to Executive Order 13045 because it approves 
a State program.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution and Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards. This action 
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.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and

[[Page 15040]]

commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA performed an environmental justice analysis, as 
described in the section titled ``Environmental Justice 
Considerations'' in the proposed rule associated with this action (88 
FR 72723, October 23, 2023). The analysis was done for the purpose of 
providing additional context and information about this rulemaking to 
the public, not as a basis of the action. Due to the nature of the 
action being taken here, this action is expected to have a neutral 
impact on the air quality of the affected area. In addition, there is 
no information in the record upon which this action is based 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 April 30, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes 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 62

    Environmental protection, Air pollution control, Incorporation by 
reference, Reporting and recordkeeping requirements.

    Dated: February 22, 2024.
Earthea Nance,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart E--Arkansas

0
2. Amend Sec.  62.850 by revising paragraphs (c)(1) and (2) and 
removing and reserving paragraph (c)(3) to read as follows:


Sec.  62.850  Identification of plan.

* * * * *
    (c) * * *
    (1) Kraft pulp mills.
    (2) Municipal solid waste landfills.
    (3) [Reserved]

0
3. Revise Sec.  62.855 to read as follows:


Sec.  62.855  Identification of plan--negative declaration.

    Submittal from the Arkansas Department of Energy and Environment, 
Division of Environmental Quality (ADEQ) dated June 20, 2022, and 
supplemented on August 24, 2022, and August 31, 2022, certifying that 
there are no known existing sulfuric acid plants subject to the 
Sulfuric Acid Plants Emission Guidelines and 40 CFR part 60, subpart 
Cd, within its jurisdiction.

0
4. Revise Sec.  62.865 to read as follows:


Sec.  62.865  Identification of plan.

    (a) Identification of plan. Control of air emissions from existing 
kraft pulp mills, as adopted by the State of Arkansas on January 28, 
2022, and submitted on June 20, 2022, by the Governor in a letter dated 
May 12, 2022. The plan includes the regulatory provisions cited in 
paragraph (d) of this section, which EPA incorporates by reference.
    (b) Identification of sources. The plan, as adopted by the State of 
Arkansas on January 28, 2022, and submitted on June 20, 2022, applies 
to existing kraft pulp mills subject to the Kraft Pulp Mills Emission 
Guidelines (i.e., kraft pulp mills, as defined in 40 CFR 60.281(a), 
that commenced construction, reconstruction, or modification on or 
before September 24, 1976) within its jurisdiction in the State of 
Arkansas.
    (c) Effective date. The effective date of the plan is April 1, 
2024.
    (d) Incorporation by reference. The material listed in this 
paragraph (d) is incorporated by reference into this section with the 
approval of the Director of the Federal Register under 5 U.S.C. 552(a) 
and 1 CFR part 51. All approved incorporation by reference (IBR) 
material is available for inspection at the EPA and at the National 
Archives and Records Administration (NARA). Contact the EPA Region 6 
office at 1201 Elm Street, Suite 500, Dallas, Texas 75270; phone 214-
665-2200. For information on the availability of this material at NARA, 
visit www.archives.gov/federal-register/cfr/ibr-locations or email 
<a href="/cdn-cgi/l/email-protection#e58397cb8c8b96958086918c8a8ba58b849784cb828a93"><span class="__cf_email__" data-cfemail="dabca8f4b3b4a9aabfb9aeb3b5b49ab4bba8bbf4bdb5ac">[email protected]</span></a>. The material may be obtained from the State of 
Arkansas, Office of the Secretary of State, Arkansas Register, State 
Capitol, Room 026, Little Rock, AR 72201, 
<a href="/cdn-cgi/l/email-protection#f2938099939c8193818097959b81869780b2819d81dc938099939c819381dc959d84"><span class="__cf_email__" data-cfemail="aacbd8c1cbc4d9cbd9d8cfcdc3d9decfd8ead9c5d984cbd8c1cbc4d9cbd984cdc5dc">[email protected]</span></a>, https://www.sos.arkansas.gov/rules-regulations/arkansas-register/.
    (1) Arkansas Pollution Control and Ecology Commission (APC&EC) Rule 
No. 19, Rules of the Arkansas Plan of Implementation for Air Pollution 
Control, Chapter 8, 111(d) Designated Facilities, approved January 28, 
2022.
    (2) [Reserved]

[FR Doc. 2024-04102 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P


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