[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Rules and Regulations]
[Pages 61103-61109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26509]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#1d6e6d6f6874787171336e697c737178645d786d7c337a726b"><span class="__cf_email__" data-cfemail="d1a2a1a3a4b8b4bdbdffa2a5b0bfbdb4a891b4a1b0ffb6bea7">[email protected]</span></a>.

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:
    <bullet> Enforceable emission limitations and other control 
measures and techniques,
    <bullet> A program for enforcement of such measures,
    <bullet> Provisions for the regulation of the modification and 
construction of stationary sources, and;
    <bullet> 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

[[Page 61104]]

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.
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    \1\ This 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.
    \2\ See section IV in this preamble for a description of our 
approval of Arkansas' PSD program and of our evaluation of Chapter 
9.
    \3\ Chapter 9, section 19.904(A) incorporates the provisions of 
40 CFR 52.21(b) through (r).
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    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:
    <bullet> 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.
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    \4\ For 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 Sec. 52.21(j)-(r) apply to the construction of major 
sources and major modifications. ``Major stationary source'' is 
defined in Sec. 52.21(b)(1) and ``major modification'' is defined in 
Sec. 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 Sec. 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 
Sec. 52.21(b)(23). Thus, minor modifications at major stationary 
sources do not fall within the purview of the PSD requirements.
    \5\ According 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).
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    <bullet> 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.
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    \6\ Section 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 Sec. 52.21(b)(1)(i)(a). 
Otherwise, a source is a PSD major only if its PTE is 250 TPY or 
more, pursuant to Sec. 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.
    \7\ See footnote 5.
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    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.
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    \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.
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    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.

[[Page 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
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                  Chapter                               Title
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Regulation 19--Regulations of the Arkansas Plan of Implementation for
 Air Pollution Control (Submitted January 22, 1999)
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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.
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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

[[Page 61106]]

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-for-profit 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

[[Page 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 Sec. 52.170(c), the first table is deleted and replaced with 
a new table to read as follows:


Sec. 52.170  Identification of plan.

* * * * *
    (c) EPA approved regulations

                                  EPA Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                   State
                                                 submittal/
       State citation           Title/subject    effective            EPA approval date              Comments
                                                    date
----------------------------------------------------------------------------------------------------------------
           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           01/22/99              10/16/00 (65 FR 61108)
                               Construction.
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           01/22/99              10/16/00 (65 FR 61108)
                               Responsibilitie
                               s.
Section 19.303..............  Regulated            01/22/99              10/16/00 (65 FR 61108)
                               Sources
                               Responsibilitie
                               s.
Section 19.304..............  Delegated            01/22/99              10/16/00 (65 FR 61108)
                               Federal
                               Programs.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Section 19.401..............  General              01/22/99              10/16/00 (65 FR 61108)
                               Applicability.
Section 19.402..............  Approval             01/22/99              10/16/00 (65 FR 61108)
                               Criteria.
Section 19.403..............  Owner/Operator's     01/22/99              10/16/00 (65 FR 61108)
                               Responsibilitie
                               s.
Section 19.404..............  Required             01/22/99              10/16/00 (65 FR 61108)
                               Information.
Section 19.405..............  Action on            01/22/99              10/16/00 (65 FR 61108)
                               Application.
Section 19.406..............  Public               01/22/99              10/16/00 (65 FR 61108)
                               Participation.
Section 19.407..............  Permit               01/22/99              10/16/00 (65 FR 61108)
                               Amendments.
Section 19.408..............  Exemption from       01/22/99              10/16/00 (65 FR 61108)
                               Permitting.
Section 19.409..............  Transition......     01/22/99              10/16/00 (65 FR 61108)
Section 19.410..............  Permit               01/22/99              10/16/00 (65 FR 61108)
                               Revocation and
                               Cancellation.
Section 19.411..............  General Permits.     01/22/99              10/16/00 (65 FR 61108)
Section 19.412..............  Dispersion           01/22/99              10/16/00 (65 FR 61108)
                               Modeling.
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              01/22/99              10/16/00 (65 FR 61108)
                               Regulations.
Section 19.503..............  Visible Emission     01/22/99              10/16/00 (65 FR 61108)
                               Regulations.
Section 19.504..............  Stack Height/        01/22/99              10/16/00 (65 FR 61108)
                               Dispersion
                               Regulations.
Section 19.505..............  Revised Emission     01/22/99              10/16/00 (65 FR 61108)
                               Limitation.
----------------------------------------------------------------------------------------------------------------
                                    Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Section 19.601..............  Upset Conditions     01/22/99              10/16/00 (65 FR 61108)
Section 19.602..............  Emergency            01/22/99              10/16/00 (65 FR 61108)
                               Conditions.
----------------------------------------------------------------------------------------------------------------

[[Page 61108]]

 
                           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         01/22/99              10/16/00 (65 FR 61108)
                               Sampling.
Section 19.703..............  Continuous           01/22/99              10/16/00 (65 FR 61108)
                               Emission
                               Monitoring.
Section 19.704..............  Notice of            01/22/99              10/16/00 (65 FR 61108)  ...............
                               Completion.
Section 19.705..............  Recordkeeping        01/22/99              10/16/00 (65 FR 61108)  ...............
                               and Reporting
                               Requirements.
Section 19.706..............  Public               01/22/99              10/16/00 (65 FR 61108)  ...............
                               Availability of
                               Emissions Data.
----------------------------------------------------------------------------------------------------------------
                                                 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          01/22/99              10/16/00 (65 FR 61108)  ...............
                               Regulations.
----------------------------------------------------------------------------------------------------------------
                      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              01/22/99              10/16/00 (65 FR 61108)  ...............
                               Provisions.
Section 19.1005.............  Provisions for       01/22/99              10/16/00 (65 FR 61108)  ...............
                               Specific
                               Processes.
Section 19.1006.............  Severability....     01/22/99              10/16/00 (65 FR 61108)  ...............
----------------------------------------------------------------------------------------------------------------
                                 Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11..................  Major Source         01/22/99              10/16/00 (65 FR 61108)  ...............
                               Permitting
                               Procedures.
----------------------------------------------------------------------------------------------------------------
                                    Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A:.................  Insignificant        01/22/99              10/16/00 (65 FR 61108)  ...............
                               Activities List.
----------------------------------------------------------------------------------------------------------------
                       Regulation 26: Regulations of the Arkansas Operating Permit Program
----------------------------------------------------------------------------------------------------------------
Section 3...................  Requirements for     07/23/93              10/16/00 (65 FR 61108)  Subsections (a)
                               Permit                                                             and (b) only.
                               Applicability.
Section 4...................  Applications for     07/23/93              10/16/00 (65 FR 61108)  Subsections (a)-
                               Permits.                                                           (b), (h), and
                                                                                                  (j)-(k) only.
Section 5...................  Action on            07/23/93              10/16/00 (65 FR 61108)  Subsections
                               Application.                                                       (a)(1), (a)(3)-
                                                                                                  (4), and (b)
                                                                                                  only.
Section 6...................  Permit Review by     07/23/93              10/16/00 (65 FR 61108)  Subsections
                               the Public,                                                        (a), (b)(1)(i)-
                               Affected                                                           (ii),
                               States, and EPA.                                                   (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:


Sec. 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.

[[Page 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:


Sec. 81.304  Arkansas.

* * * * *

                                                                     Arkansas--PM-10
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Designation                                             Classification
           Designated area           -------------------------------------------------------------------------------------------------------------------
                                                  Date                         Type                         Date                         Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
AQCR 016  Central Arkansas            ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Intrastate.
AQCR 017  Metropolitan Fort Smith     ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Interstate.
AQCR 018  Metropolitan Memphis        ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Intrastate.
AQCR 019  Monroe (Louisiana)-El       ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Dorado Interstate.
AQCR 020  Northeast Arkansas          ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Intrastate.
AQCR 021  Northwest Arkansas          ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Intrastate.
AQCR 022  Shreveport-Texarkana-Tyler  ...........................  Unclassifiable.............  ...........................  Unclassifiable.
 Interstate.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 00-26509 Filed 10-13-00; 8:45 am]
BILLING CODE 6560-50-P


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