Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61103

An appropriate amendment to 39 CFR

111 will be published in the Federal

Register to reflect these changes.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 00–26407 Filed 10–13–00; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[AR–8–1–7409; FRL–6885–1]

Approval and Promulgation of

Implementation Plans; Arkansas;

Regulation 19 and 26

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is approving the

recodification of and revisions to the

Arkansas State Implementation Plan

(SIP or plan). The Arkansas Department

of Environmental Quality (ADEQ)

adopted revisions to Regulation 19 on

January 22, 1999. The Governor of

Arkansas submitted these revisions to

EPA on March 5, 1999. The EPA also

incorporates into the Arkansas SIP

portions of Arkansas’ regulation for its

Operating Permits Program (Regulation

26) which relate to the construction and

modification of major sources. This is

necessary because the submitted SIP

revision incorporates these provisions to

ensure that major sources which must

receive an operating permit meet the

Federal requirements relating to the

construction and modification of major

sources as defined under title I of the

Clean Air Act (Act).

Furthermore, EPA approves revisions

to Arkansas’ program for the prevention

of significant deterioration (PSD) of air

quality to replace the increments for

total suspended particulates (TSP) with

increments for particulate matter less

than 10 micrometers (PM–10). In

conjunction with this action, EPA also

removes the TSP area designation tables

in title 40 of the CFR part 81 for

Arkansas. The EPA is taking no action

on Chapter 8 of Regulation 19 which

pertains to designated facilities. The

EPA will act on Chapter 8 in a separate

action.

This action also recodifies, with

minor revisions, several provisions of its

current SIP into Chapters 1, 2, 3, 5, 6,

7, and 10.

The EPA approves these revisions

based upon a finding that the

regulations meet the requirements of the

Act pertaining to the approval of SIPs

and the Federal regulations which

describe the requirements that a SIP

must meet.

EFFECTIVE DATE: This rule is effective on

November 15, 2000.

ADDRESSES: Copies of documents

relevant to this action, including the

Technical Support Document (TSD), are

available for public inspection during

normal business hours at the following

locations. Anyone wanting to examine

these documents should make an

appointment with the appropriate office

at lease two working days in advance.

EPA, Region 6, Air Permits Section

(6PD–R), 1445 Ross Avenue, Dallas,

Texas 75202–2733.

ADEQ, Division of Air Pollution

Control, 8001 National Drive, P.O.

Box 8913, Little Rock, Arkansas

72219–8913.

FOR FURTHER INFORMATION CONTACT:

Stanley M. Spruiell of the EPA Region

6 Air Permits Section at (214) 665–7212

at the address above or at

spruiell.stanley@epa.gov.

SUPPLEMENTARY INFORMATION:

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

or ‘‘our’’ means EPA.

Table of Contents

I. What Action Are We Taking?

II. What Is the Background for This Action?

III. Are There Provisions of Regulation 19

That We Are Not Acting on in Today’s

Action?

IV. Prevention of Significant Determination

(PSD) of Air Quality.

V. Major Source Permitting Procedures.

VI. Sources Subject to Provisions of Sections

111 and 112 of the Act.

VII. Final Action.

VIII. Administrative Requirements.

I. What Action Are We Taking?

We are finalizing our approval of

Regulation 19 of ADEQ, except for

Chapter 8—Designated Facilities.

Regulation 19 revises and recodifies the

Arkansas SIP. The submitted regulation

includes provisions which address the

requirements of the Act and ensures the

attainment and maintenance of the

National Ambient Air Quality Standards

(NAAQS) that we promulgated under

section 109 of the Act. The ADEQ

adopted and submitted Regulation 19

under section 110 of the Act. The

regulation includes:

• Enforceable emission limitations

and other control measures and

techniques,

• A program for enforcement of such

measures,

• Provisions for the regulation of the

modification and construction of

stationary sources, and;

• Other measures required under

section 110 of the Act.

We are also finalizing the approval of

the SIP portions of Arkansas Regulation

26—Regulation of the Arkansas

Operating Permit Program, adopted July

23, 1993, and submitted to EPA on

October 29, 1993. This action approves

the provisions of Regulation 26 that are

incorporated by reference by Regulation

19, Chapter 11. The provisions of

Regulation 26 so incorporated are the

provisions of Regulation 26 that meet

the Federal requirements applicable to

new and modified major sources that

are permitted under Regulation 26.

We have reviewed the submittal and

determined that Regulation 19 and the

incorporated provisions of Regulation

26 meet the requirements of the Act.

Furthermore, we approve revisions to

Arkansas’ program for PSD to replace

the increments for TSP with increments

for PM–10. In conjunction with this

action, we are removing the TSP area

designation tables in 40 CFR part 81 for

Arkansas.

We are taking no action on Chapter 8

of Regulation 19 which pertains to

designated facilities. We will act on

Chapter 8 in a separate action.

We have also prepared a TSD which

contains a detailed analysis of our

evaluation and proposed approval of

Regulation 19. The TSD is included as

part of the public docket and is

available at the addresses listed above.

II. What Is the Background for This

Action?

On May 9, 2000, we published a

notice of proposed rulemaking (NPR)

proposing approval of Regulation 19

and the incorporated provisions of

Regulation 26. In the NPR, we

determined that Regulation 19 and the

incorporated portions of Regulation 26

meet the requirements of the Act. The

NPR provided opportunity for the

public to comment on the proposed

action. The public comment period for

our proposed action ended June 8, 2000.

We received no comments on the NPR.

As a result, we are finalizing our

proposed approval without changes. For

more details on these submittals, please

refer to the proposed rulemaking and

the TSD.

III. Are There Provisions of Regulation

19 That We Are Not Acting on in

Today’s Action?

We are taking no action on Chapter

8—Designated Facilities. Designated

facilities are regulated under section

111(d) of the Act. Under section 111(d),

emission standards are to be adopted by

the States and submitted to EPA for

approval. These standards limit the

emissions of designated pollutants from

existing facilities which, if new, would

61104 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

1This refers to the provisions of title V (Permits)

of the Act (42 U.S.C. 7661, 7661a–7661f) and the

implementing regulations under 40 CFR part 70

(State Operating Permit Programs). These

provisions establish the elements that an Operating

Permits Program must meet under part 70.

Arkansas’ Regulation 26 contains the requirements

of its Operating Permits Program. Arkansas

currently operates its title V program under an

interim approval. See 60 Federal Register 46171

(September 8, 1995). On August 4, 2000, Arkansas

submitted revisions to Regulation 26 in response to

the interim approval deficiencies identified by EPA.

The EPA is currently reviewing this submittal.

2See section IV in this preamble for a description

of our approval of Arkansas’ PSD program and of

our evaluation of Chapter 9.

3Chapter 9, section 19.904(A) incorporates the

provisions of 40 CFR 52.21(b) through (r). 4For purposes of PSD, 40 CFR 52.21(i)(1)

provides that no stationary source or modification

to which the paragraphs (j)–(r) apply shall begin

actual construction without a permit which states

that the source or modification meets such

requirements. The provisions of § 52.21(j)–(r) apply

to the construction of major sources and major

modifications. ‘‘Major stationary source’’ is defined

in § 52.21(b)(1) and ‘‘major modification’’ is defined

in § 52.21(b)(2). A major modification is a physical

change or change in the method of operation at a

major stationary source which results in a

significant net emissions increase. ‘‘Net emissions

increase’’ is defined in § 52.21(b)(3) which

describes how the net emissions increase is

determined. Such increase is significant if it equals

or exceeds the significance thresholds in

§ 52.21(b)(23). Thus, minor modifications at major

stationary sources do not fall within the purview of

the PSD requirements. 5According to Regulation 26, section 26.2(e),

‘‘applicable requirement’’ is defined as ‘‘Any

standard or other requirements provided for in the

applicable implementation plan approved or

promulgated by the EPA through rulemaking under

title I of the Act * * *’’ (PSD inter alia) (this

includes Regulation 19, Chapter 3 which requires

protection of the NAAQS).

6Section 52.21(b)(1) is the definition of ‘‘major

stationary source.’’ Under this definition, a source

is major for PSD if its potential to emit (PTE) is 100

TPY or more and the source belongs to one of the

source categories listed in § 52.21(b)(1)(i)(a).

Otherwise, a source is a PSD major only if its PTE

is 250 TPY or more, pursuant to § 52.21(b)(1)(i)(b).

Under section 302(j) of the Act and 40 CFR part 70,

a ‘‘major source’’ includes any stationary source

with a PTE of 100 TPY or more.

7See footnote 5.

8 40 CFR part 51, subpart I contains the

requirements that a SIP-approved program for

review of new and modified sources must meet.

The subpart consists of sections 51.160–51–166.

The TSD and NPR contain a detailed analysis

which demonstrates how Arkansas submitted SIP

revisions meet the requirements of subpart I.

be subject to the New Source

Performance Standards promulgated by

EPA under section 111 of the Act and

in 40 CFR part 60. The procedures

under which States submit these plans

to control existing sources are defined

in 40 CFR part 60, subpart B. The

submittal and review process of these

State Plans is carried out separately

from other SIP activities. We are thus

taking no action on Chapter 8 in today’s

action.

IV. Prevention of Significant

Deterioration (PSD) of Air Quality

Arkansas recodified its PSD program

into Regulation 19, Chapter 9. Chapter

9 recodifies the PSD regulations without

substantive change except as discussed

below. Arkansas revised Chapter 9 to

incorporate the PSD increments for PM–

10 promulgated by EPA on July 3, 1993.

Arkansas changed the date of which the

Federal regulations are incorporated by

reference from June 28, 1989, to June 3,

1994 (the effective date of the PM–10

increments).

We have reviewed this revision and

found that it addresses all of the

required regulatory revisions for PM–10

increments. In today’s action, we

approve the recodification of Arkansas’

PSD program and the revisions to

incorporate the PM–10 increments into

the SIP. Consistent with Arkansas’

revisions, we are also removing the TSP

area designation tables in 40 CFR part

81 for Arkansas. The NPR and the TSD

contain a more detailed analysis of the

changes that Arkansas made to its PSD

regulations.

V. Major Source Permitting Procedures

Chapter 11 of Regulation 19 addresses

the permitting procedures for major

sources which are also subject to

Regulation 26—Regulations of the

Arkansas Operating Permit Program.

Regulation 26 is Arkansas’ regulation for

its Operating Permit Program under title

V of the Act.1 Chapter 9 of Regulation

19 contains the process, already

approved by EPA 2 for issuance of a new

major source or a major modification of

an existing source which is major for

purposes of PSD by virtue of

incorporation by reference of the

provisions of 40 CFR 52.21(b)–(r).3

Chapter 11 requires major sources

which are subject to Regulation 26 to

also have their permit applications

processed in accordance with the

procedures contained in Regulation 26,

which are incorporated by reference.

Thus, Chapter 11 creates the connection

between the PSD and title V programs

to allow Arkansas to issue one permit to

its sources which are defined as major

under both programs.

For minor sources, the permitting

process is contained in Chapter 4 of

Regulation 19 which complies with 40

CFR 51.160–51.164. Chapters 4 and 9 of

Regulation 19 do not, however, fully

cover all sources defined as major

sources under section 302(j) of the Act.

Chapter 11 is necessary to provide a

process for permitting the following:

• Sources which are major for

purposes of PSD but undergo a physical

change or change in the method of

operation which does not result in a

significant net emission increase, i.e.,

minor modifications. Such change

therefore is not subject to PSD review.4

Subpart I, however, applies to the

construction and modification of all

sources, including major and minor

sources. Such change, therefore, must

meet the applicable requirements of

subpart I, sections 51.160–51.164.

Regulation 26 contains the provisions

which satisfy these provisions of

subpart I.5 These provisions are

incorporated into Regulation 19 by

Chapter 11.

• A source which is major for title V

but not major for PSD.

This would include a source whose

potential to emit is 100 tons per year

(TPY) or more but less than 250 TPY

and is not one of the source types listed

in 40 CFR 52.21(b)(1).6 Although a new

or modified source which is not a PSD

major source is not subject to PSD, the

applicable requirements of subpart I,

sections 51.160–51.164 nonetheless

continue to apply as explained above.

Regulation 26 contains the provisions

which satisfy these provisions of

subpart I.7 These provisions are

incorporated into Regulation 19 by

Chapter 11.

Chapter 11 incorporates the

applicable requirements of 40 CFR part

51, subpart I 8 (subpart I) that are in

Regulation 26 into Regulation 19, which

we are approving into the SIP. By

approving Chapter 11, we are approving

the subpart I provisions of Regulation 26

which are incorporated by reference.

Through Chapter 11, Arkansas will

ensure that the construction and

modification of sources subject to the

preconstruction review requirements of

the Act will meet the applicable

requirements of subpart I. The NPR and

TSD include our analysis of the

provisions of Regulation 26 which

ADEQ incorporates by reference into

Regulation 19. The TSD describes how

Regulation 26 meets the requirements of

subpart I. It further demonstrates that

the procedures in Regulation 26 will

ensure that modifications which occur

at title V sources will satisfy the

requirements of the Act and subpart I.

Our analysis of these provisions of

Regulation 26 are from the version of

Regulation 26 which Arkansas adopted

July 23, 1993, and submitted to us on

October 29, 1993. We approved this

version of Regulation 26 at 60 FR 46171

(September 8, 1995) as satisfying the

requirements for interim approval under

40 CFR part 70. We will need to

reexamine our analysis if Arkansas

adopts Regulation 26 with significant

changes, and Arkansas may need to

make further revisions to its SIP.

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61105

VI. Sources Subject to Provisions of

Sections 111 and 112 of the Act

The NPR included references to

provisions of Regulation 19 which

require a source to meet the applicable

requirements of section 111 of the Act

(Standards of Performance for New

Stationary Sources) and section 112 of

the Act (National Emission Standards

for Hazardous Air Pollutants). We

regulate the requirements of section 111

of the Act under 40 CFR part 60 and the

provisions of section 112 of the Act

under 40 CFR parts 61 and 63. As

worded in the NPR, a reader may

mistakenly conclude that we were

approving the requirements of 40 CFR

parts 60, 61, and 63 into the SIP. This

is not the case. We were stating that

Regulation 19 identifies these

requirements as the Federal programs

that ADEQ implements and that sources

subject to the requirements of sections

111 and 112 of the Act must continue

to meet these requirements in the

context of permitting under Regulation

19.

VII. Final Action

In today’s action, we are promulgating

final approval of Regulations 19 and 26

as described in Table 1 below.

TABLE 1.—CHAPTERS AND APPENDICES IN REGULATIONS 19 AND 26 APPROVED IN TODAY’S ACTION

Chapter Title

Regulation 19—Regulations of the Arkansas Plan of Implementation for Air Pollution Control (Submitted January 22, 1999)

Chapter 1 ............................ Title, Intent, and Purpose.

Chapter 2 ............................ Definitions.

Chapter 3 ............................ Protection of the NAAQS.

Chapter 4 ............................ Minor Source Review.

Chapter 5 ............................ General Emission Limitations Applicable to Equipment.

Chapter 6 ............................ Upset and Emergency Conditions.

Chapter 7 ............................ Sampling, Monitoring, and Reporting Requirements.

Chapter 9 ............................ Prevention of Significant Deterioration.

Chapter 10 .......................... Regulations for the Control of Volatile Organic Compounds.

Chapter 11 .......................... Major Source Permitting Procedures.

Appendix A ......................... Insignificant Activities List.

Regulation 26—Regulations of the Arkansas Operating Air Permit Program (Adopted July 23, 1993)

Section 26.3 ....................... Requirement for a Permit, Applicability.

Subsection 26.3(a) ............. Requirement for a permit.

Subsection 26.3(b) ............. Sources subject to permitting.

Section 26.4 ....................... Applications for Permits.

Subsection 26.4(a) ............. Duty to apply.

Subsection 26.4(b) ............. Standard application form and required information.

Subsection 26.4(h) ............. Complete application.

Subsection 26.4(j) .............. Applicant’s duty to supplement application.

Subsection 26.4(k) ............. Certification by responsible official.

Section 26.5 ....................... Action on Application.

Subsection 26.5(a)(1), (3)–

(4).

Action on part 70 applications.

Subsection 26.5(b) ............. Final action on permit application.

Section 26.6 ....................... Permit Review by the Public, Affected States, and EPA.

Subsection 26.6(a) ............. Untitled.

Subsection 26.6(b)(1)(i)–(ii),

(v), (b)(4).

Public participation.

Subsection 26.6(c)(1)–(2) ... Transmission of permit information to the Administrator.

Subsection 26.6(d)(1)–(2) .. Review of draft permit by affected States.

We are taking no action on Chapter

8—Designated Facilities—in today’s

proposal. As discussed in section III, we

review and approve the State plans for

designated facilities under subpart B of

40 CFR part 60. We will review and

process Chapter 8 of Regulation 19 in a

separate action.

VIII. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Order 13132

Executive 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999) revokes and replaces Executive

Order 12612, ‘‘Federalism,’’ and

Executive Order 12875, ‘‘Enhancing the

Intergovernmental Partnership.’’

Executive Order 13132 requires EPA to

develop an accountable process to

ensure ‘‘meaningful and timely input by

State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that 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.’’ Under Executive

Order 13132, EPA may not issue a

regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

61106 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This final rule 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, as specified in

Executive Order 13132, because it

merely approves a State rule

implementing a Federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Act.

Thus, the requirements of section 6 of

the Executive Order do not apply to this

rule.

C. Executive Order 13045

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62 FR 19885,April 23, 1997),

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

The EPA interprets Executive Order

13045 as applying only to those

regulatory actions that are based on

health or safety risks, such that the

analysis required under section 5–501 of

the Order has the potential to influence

the regulation. This final rule is not

subject to Executive Order 13045

because it approves a State program.

D. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the OMB, in

a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. This action

does not involve or impose any

requirements that affect Indian tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 600 et seq., generally requires an

agency to conduct a regulatory

flexibility analysis of any rule subject to

notice and comment rulemaking

requirements unless the agency certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and small

governmental jurisdictions. This final

rule will not have a significant impact

on a substantial number of small entities

because SIP approvals under section

110 and subchapter I, part D of the Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not create any new requirements, I

certify that this action will not have a

significant economic impact on a

substantial number of small entities.

Moreover, due to the nature of the

Federal-State relationship under the

Act, preparation of a flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of state

action. The Act forbids EPA to base its

actions concerning SIPs on such

grounds. See Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated annual costs of $100

million or more to either State, local, or

tribal governments in the aggregate, or

to the private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

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 rule 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 can not 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). This rule will be effective

November 15, 2000.

H. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 15, 2000. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61107

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

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Lead, Nitrogen oxides,

Ozone, Particulate matter, Sulfur oxides,

Volatile organic compounds.

40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

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

Dated: October 3, 1999,

Myron O. Knudson,

Acting Regional Administrator, Region 6.

Parts 52 and 81, chapter I, title 40 of

the CFR 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. In § 52.170(c), the first table is

deleted and replaced with a new table

to read as follows:

§ 52.170 Identification of plan.

* * * * *

(c) EPA approved regulations

EPA APPROVED REGULATIONS IN THE ARKANSAS SIP

State citation Title/subject

State submittal/effective date

EPA approval date Comments

Regulation 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control

Chapter 1: Title, Intent and Purpose

Section 19.101 ............................ Title ............................................ 01/22/99 10/16/00 (65 FR 61108)

Section 19.102 ............................ Applicability ................................ 01/22/99 10/16/00 (65 FR 61108)

Section 19.103 ............................ Intent and Construction ............. 01/22/99 10/16/00 (65 FR 61108)

Section 19.104 ............................ Severability ................................ 01/22/99 10/16/00 (65 FR 61108)

Chapter 2: Definitions

Chapter 2 .................................... Definitions .................................. 01/22/99 10/16/00 (65 FR 61108)

Chapter 3: Protection of the NAAQS

Section 19.301 ............................ Purpose ...................................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.302 ............................ Department Responsibilities ...... 01/22/99 10/16/00 (65 FR 61108)

Section 19.303 ............................ Regulated Sources Responsibilities.01/22/99 10/16/00 (65 FR 61108)

Section 19.304 ............................ Delegated Federal Programs .... 01/22/99 10/16/00 (65 FR 61108)

Chapter 4: Minor Source Review

Section 19.401 ............................ General Applicability .................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.402 ............................ Approval Criteria ........................ 01/22/99 10/16/00 (65 FR 61108)

Section 19.403 ............................ Owner/Operator’s Responsibilities.01/22/99 10/16/00 (65 FR 61108)

Section 19.404 ............................ Required Information ................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.405 ............................ Action on Application ................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.406 ............................ Public Participation .................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.407 ............................ Permit Amendments .................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.408 ............................ Exemption from Permitting ........ 01/22/99 10/16/00 (65 FR 61108)

Section 19.409 ............................ Transition ................................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.410 ............................ Permit Revocation and Cancellation.01/22/99 10/16/00 (65 FR 61108)

Section 19.411 ............................ General Permits ......................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.412 ............................ Dispersion Modeling .................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.413 ............................ Confidentiality ............................ 01/22/99 10/16/00 (65 FR 61108)

Chapter 5: General Emission Limitations Applicable to Equipment

Section 19.501 ............................ Purpose ...................................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.502 ............................ General Regulations .................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.503 ............................ Visible Emission Regulations .... 01/22/99 10/16/00 (65 FR 61108)

Section 19.504 ............................ Stack Height/Dispersion Regulations.01/22/99 10/16/00 (65 FR 61108)

Section 19.505 ............................ Revised Emission Limitation ...... 01/22/99 10/16/00 (65 FR 61108)

Chapter 6: Upset and Emergency Conditions

Section 19.601 ............................ Upset Conditions ....................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.602 ............................ Emergency Conditions ............... 01/22/99 10/16/00 (65 FR 61108)

61108 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

EPA APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued

State citation Title/subject

State submittal/effective date

EPA approval date Comments

Chapter 7: Sampling, Monitoring, and Reporting Requirements

Section 19.701 ............................ Purpose ...................................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.702 ............................ Air Emission Sampling ............... 01/22/99 10/16/00 (65 FR 61108)

Section 19.703 ............................ Continuous Emission Monitoring 01/22/99 10/16/00 (65 FR 61108)

Section 19.704 ............................ Notice of Completion ................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.705 ............................ Recordkeeping and Reporting

Requirements.

01/22/99 10/16/00 (65 FR 61108)

Section 19.706 ............................ Public Availability of Emissions

Data.

01/22/99 10/16/00 (65 FR 61108)

Chapter 9: PSD

Section 19.901 ............................ Title ............................................ 01/22/99 10/16/00 (65 FR 61108)

Section 19.902 ............................ Purposes .................................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.903 ............................ Definitions .................................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.904 ............................ Adoption of Regulations ............ 01/22/99 10/16/00 (65 FR 61108)

Chapter 10: Regulations for the Control of Volatile Organic Compounds

Section 19.1001 .......................... Title ............................................ 01/22/99 10/16/00 (65 FR 61108)

Section 19.1002 .......................... Purpose ...................................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.1003 .......................... Definitions .................................. 01/22/99 10/16/00 (65 FR 61108)

Section 19.1004 .......................... General Provisions .................... 01/22/99 10/16/00 (65 FR 61108)

Section 19.1005 .......................... Provisions for Specific Processes.01/22/99 10/16/00 (65 FR 61108)

Section 19.1006 .......................... Severability ................................ 01/22/99 10/16/00 (65 FR 61108)

Chapter 11: Major Source Permitting Procedures

Chapter 11 .................................. Major Source Permitting Procedures.01/22/99 10/16/00 (65 FR 61108)

Appendix A: Insignificant Activities List

Appendix A: ................................ Insignificant Activities List .......... 01/22/99 10/16/00 (65 FR 61108)

Regulation 26: Regulations of the Arkansas Operating Permit Program

Section 3 ..................................... Requirements for Permit Applicability.07/23/93 10/16/00 (65 FR 61108) Subsections (a) and

(b) only.

Section 4 ..................................... Applications for Permits ............. 07/23/93 10/16/00 (65 FR 61108) Subsections (a)–(b),

(h), and (j)–(k)

only.

Section 5 ..................................... Action on Application ................. 07/23/93 10/16/00 (65 FR 61108) Subsections (a)(1),

(a)(3)–(4), and (b)

only.

Section 6 ..................................... Permit Review by the Public, Affected States, and EPA.07/23/93 10/16/00 (65 FR 61108) Subsections (a),

(b)(1)(i)–(ii),

(b)(1)(v), (b)(4),

(c)(1)–(2), and

(d)(1)–(2) only.

3. Section 52.181 is amended by

revising paragraph (a) to read as follows:

§ 52.181 Significant deterioration of air

quality.

(a) The plan submitted by the

Governor of Arkansas as follows:

(1) April 23, 1981—submittal of the

PSD Supplement Arkansas Plan of

Implementation for Pollution Control

(the ‘‘PSD Supplement’’) submitted

April 23, 1981 (as adopted by the

Arkansas Commission on Pollution

Control and Ecology (ACPCE) on April

10, 1981);

(2) June 3, 1988—submittal of

revisions to the PSD Supplement

(revised and adopted by the ACPCE on

March 25, 1988);

(3) June 19, 1990—submittal of

revisions to the PSD Supplement

(revised and adopted by the ACPCE on

May 25, 1990), and;

(4) March 5, 1999—submittal of

Regulation 19, Chapter 9, Prevention of

Significant Deterioration which

recodified Arkansas’ PSD regulations (as

adopted by the Arkansas Pollution

Control and Ecology Commission on

January 22, 1999)

* * * * *

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

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

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61109

Subpart C—Section 107 Attainment

Status Designations

2. Section 81.304 is amended by

removing the table for TSP and adding

a table for PM–10 to read as follows:

§ 81.304 Arkansas.

* * * * *

ARKANSAS—PM–10

Designated area

Designation Classification

Date Type Date Type

AQCR 016 Central Arkansas Intrastate ............................................ ........................... Unclassifiable ... ........................... Unclassifiable.

AQCR 017 Metropolitan Fort Smith Interstate .................................. ........................... Unclassifiable ... ........................... Unclassifiable.

AQCR 018 Metropolitan Memphis Intrastate .................................... ........................... Unclassifiable ... ........................... Unclassifiable.

AQCR 019 Monroe (Louisiana)-El Dorado Interstate ....................... ........................... Unclassifiable ... ........................... Unclassifiable.

AQCR 020 Northeast Arkansas Intrastate ........................................ ........................... Unclassifiable ... ........................... Unclassifiable.

AQCR 021 Northwest Arkansas Intrastate ....................................... ........................... Unclassifiable ... ........................... Unclassifiable.

AQCR 022 Shreveport-Texarkana-Tyler Interstate ........................... ........................... Unclassifiable ... ........................... Unclassifiable.

[FR Doc. 00–26509 Filed 10–13–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6885–5]

Utah: Final Authorization of State

Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Utah has applied to EPA for

Final authorization of the changes to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA has determined that

these changes satisfy all requirements

needed to qualify for Final

authorization, and is authorizing the

State’s changes through this immediate

final action. EPA is publishing this rule

to authorize the changes without a prior

proposal because we believe this action

is not controversial. Unless we get

written comments which oppose this

authorization during the comment

period, the decision to authorize Utah’s

changes to their hazardous waste

program will take effect. If we get

comments that oppose this action, we

will publish a document in the Federal

Register withdrawing this rule before it

takes effect and a separate document in

the proposed rules section of this

Federal Register will serve as a proposal

to authorize the changes.

DATES: This Final authorization will

become effective on January 16, 2001

unless EPA receives adverse written

comment by November 30, 2000. If EPA

receives such comment, it will publish

a timely withdrawal of this immediate

final rule in the Federal Register and

inform the public that this authorization

will not take effect.

ADDRESSES: Copies of the Utah program

revision applications and the materials

which EPA used in evaluating the

revisions are available for inspection

and copying at the following locations:

EPA Region VIII Library, from Noon to

4 p.m., 999 18th Street, Suite 500,

Denver, Colorado 80202–2466, contact:

Environmental Information Service

Center (EISC), phone number: (303)

312–6312; or Utah Department of

Environmental Quality (UDEQ), from 8

a.m. to 5 p.m., 288 North 1460 West,

Salt Lake City, Utah 84114–4880,

contact: Susan Toronto, phone number:

(801) 538–6776. Send written comments

to Kris Shurr, 8P–HW, U.S. EPA, Region

VIII, 999 18th Street, Suite 500, Denver,

Colorado 80202–2466, phone number:

(303) 312–6139.

FOR FURTHER INFORMATION CONTACT: Kris

Shurr, 8P–HW, U.S. EPA, Region VIII,

999 18th Street, Suite 500, Denver,

Colorado 80202–2466, phone number:

(303) 312–6139.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State

Programs Necessary?

States which have received final

authorization from EPA under RCRA

section 3006(b), 42 U.S.C. 6926(b), must

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

program. As the Federal program

changes, States must change their

programs and ask EPA to authorize the

changes. Changes to State programs may

be necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, States must

change their programs because of

changes to EPA’s regulations in 40 Code

of Federal Regulations (CFR) parts 124,

260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in

This Rule?

We conclude that Utah’s application

to revise its authorized program meets

all of the statutory and regulatory

requirements established by RCRA.

Therefore, we grant Utah Final

authorization to operate its hazardous

waste program with the changes

described in the authorization

application. Utah has responsibility for

permitting Treatment, Storage, and

Disposal Facilities (TSDFs) within its

borders, except in Indian Country, and

for carrying out the aspects of the RCRA

program described in its revised

program application, subject to the

limitations of the Hazardous and Solid

Waste Amendments of 1984 (HSWA).

New Federal requirements and

prohibitions imposed by Federal

regulations that EPA promulgates under

the authority of HSWA take effect in

authorized States before they are

authorized for the requirements. Thus,

EPA will implement those requirements

and prohibitions in Utah, including

issuing permits, until the State is

granted authorization to do so.

C. What Is the Effect of Today’s

Authorization Decision?

This decision means that a facility in

Utah subject to RCRA will now have to

comply with the authorized State

requirements instead of the equivalent

Federal requirements in order to comply

with RCRA. Utah has enforcement

responsibilities under its State

hazardous waste program for violations

of such program, but EPA retains its

authority under RCRA sections 3007,