Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations 11573 

Name of non-regulatory SIP 

revision 

Applicable 

geographic 

area 

State submittal 

date 

EPA approval 

date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2010 Sulfur 

Dioxide NAAQS.

Statewide ..... 6/18/14 3/4/15 [Insert 

Federal Register citation].

This action addresses the following CAA elements, 

or portions thereof: 110(a)(2)(A), (B), (C), (D)(i)(II) 

(PSD), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation, notification, and PSD), (K), (L), and (M). 

[FR Doc. 2015–04377 Filed 3–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0700; FRL–9923–77– 

Region–6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Revisions for the Regulation and 

Permitting of Fine Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

three revisions to the Arkansas State 

Implementation Plan (SIP) submitted by 

the Arkansas Department of 

Environmental Quality on July 26, 2010; 

November 6, 2012; and December 1, 

2014. Together, these three submittals 

update the Arkansas SIP such that the 

ADEQ has the authority to implement 

the current National Ambient Air 

Quality Standards (NAAQS) and 

regulate and permit emissions of fine 

particulate matter (particulate matter 

with diameters less than or equal to 2.5 

micrometers (PM2.5)), and its precursors, 

through the Arkansas Prevention of 

Significant Deterioration (PSD) program. 

The EPA has determined that the 

Arkansas PSD program meets all Clean 

Air Act (CAA or the Act) requirements 

for PM2.5 PSD and, as a result, our final 

action will stop the two Federal 

Implementation Plan (FIP) clocks that 

are currently running on the Arkansas 

PSD program pertaining to PM2.5 PSD 

implementation. The EPA is also 

approving a portion of the December 17, 

2007, Arkansas SIP submittal for the 

PM2.5 NAAQS pertaining to interstate 

transport of air pollution and PSD. The 

EPA is finalizing these actions under 

section 110 and part C of the CAA. 

DATES: This final rule is effective on 

April 3, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2014–0700. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, Air Permits Section (6PD– 

R), telephone (214) 665–2115, email 

address wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

The background for today’s action is 

discussed in detail in our November 10, 

2014 proposal (79 FR 66633). In that 

notice, we proposed to approve portions 

of three SIP submittals for the State of 

Arkansas submitted on July 26, 2010; 

November 6, 2012; and September 10, 

2014, that collectively update the 

Arkansas SIP to provide for regulation 

and permitting of PM2.5 in the Arkansas 

PSD program consistent with federal 

PSD permit requirements. 

The September 10, 2014, submittal 

was a request for parallel processing of 

revisions adopted by the ADEQ on 

August 22, 2014, as revisions to the state 

regulations. Under the EPA’s ‘‘parallel 

processing’’ procedure, the EPA 

proposes a rulemaking action on a 

proposed SIP revision concurrently with 

the State’s public review process. If the 

State’s proposed SIP revision is not 

significantly or substantively changed, 

the EPA will finalize the rulemaking on 

the SIP revision as proposed after 

responding to any submitted comments. 

Final rulemaking action by the EPA will 

occur only after the final SIP revision 

has been fully adopted by the ADEQ 

and submitted formally to the EPA for 

approval as a revision to the Arkansas 

SIP. See 40 CFR part 51, Appendix V. 

The ADEQ completed their state 

rulemaking process and submitted the 

final revisions to the Arkansas SIP on 

December 1, 2014. The EPA has 

evaluated the State’s final SIP revision 

for any changes made from the time of 

proposal. See ‘‘Addendum to the TSD’’ 

for EPA–R06–OAR–2014–0700, 

available in the rulemaking docket. Our 

evaluation indicates that the ADEQ 

made no changes to the proposed SIP 

revision. As such, the EPA is proceeding 

with our final approval of the revisions 

to the Arkansas SIP. This action is being 

taken under section 110 of the Act. We 

did not receive any comments regarding 

our proposal. 

II. Final Action 

We are approving portions of three 

SIP submittals for the State of Arkansas 

submitted on July 26, 2010; November 

6, 2012; and December 1, 2014, because 

we have determined that these SIP 

packages were adopted and submitted 

in accordance with the CAA and EPA 

regulations regarding implementation of 

the PM2.5 NAAQS. The EPA finds that 

the Arkansas PSD SIP meets all the CAA 

PSD requirements for implementing the 

1997 and 2006 PM2.5 NAAQS, including 

the PM2.5 PSD requirements contained 

in the federal regulations as of 

December 9, 2013, including regulation 

of NOX and SO2 as PM2.5 precursors, 

regulation of condensables, and PM2.5

increments. As a result of today’s final 

action, the EPA will stop the two FIP 

clocks that are currently running on the 

Arkansas PSD program pertaining to 

PM2.5 PSD implementation. The EPA is 

approving the following revisions into 

the Arkansas SIP: 

• Revisions to Regulation 19, Chapter 

1 submitted on July 26, 2010, and 

November 6, 2012; 


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• Revisions to Regulation 19, Chapter 

2 submitted on July 26, 2010, November 

6, 2012, and December 1, 2014, with the 

exception of the GHG Biomass Deferral 

language submitted to the definition of 

CO2e on November 6, 2012; 

• Revision to Regulation 19, Chapter 

3 submitted on July 26, 2010, and 

December 1, 2014; 

• Revisions to Regulation 19, Chapter 

5 submitted on July 26, 2010, and 

December 1, 2014; 

• Revisions to Regulation 19, Chapter 

6 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

7 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

9 submitted on December 1, 2014; 

• Revisions to Regulation 19, Chapter 

10 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

11 submitted on July 26, 2010; 

• Revisions to Regulation 19, Chapter 

13 submitted on July 26, 2010; 

• New Regulation 19, Appendix B 

submitted on December 1, 2014; and 

• A portion of the December 17, 2007, 

SIP submittal addressing interstate 

transport of air pollution and PSD for 

the 1997 PM2.5 NAAQS (CAA 

110(a)(2)(D)(i)(II)). 

This action is being taken under 

section 110 of the Act. 

III. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.4, the EPA is finalizing the 

incorporation by reference of the 

revisions to the Arkansas Prevention of 

Significant Deterioration regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulation.gov and/or in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to 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). 

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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

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 May 4, 2015. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

Dated: February 19, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52–APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart E—Arkansas 

■ 2. Amend § 52.170 as follows: 

■ a. In paragraph (c) the table titled 

‘‘EPA-APPROVED REGULATIONS IN 

THE ARKANSAS SIP’’ is amended by 

revising the entries for: 

■ i. Chapter 1, Regulation No. 19, Reg. 

19.101, Reg. 19.103 and Reg. 19.104; 

■ ii. Chapter 2; 

■ iii. Chapter 3, Reg. 19.304; 

■ iv. Chapter 5, Reg.19.502, 19.503, 

19.504, and 19.505; 

■ v. Chapter 6, Reg. 19.601 and 19.602; 

■ vi. Chapter 7, Reg. 19.702 and 19.703; 

■ vii. Chapter 9, Reg. 19.903 and Reg. 

19.904; 

■ viii. Chapter 10, Reg. 19.1002, Reg. 

19.1003, Reg 19.1004 and Reg. 19.1005; 

■ ix. Chapter 11; 

■ x. Chapter 13, Reg. 19.1301 and 

19.1303. 

■ b. In paragraph (c) the table titled 

‘‘EPA-APPROVED REGULATIONS IN 


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Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations 11575 

THE ARKANSAS SIP’’ is amended by 

adding a new entry in sequential order 

for Regulation No. 19, Appendix B. 

■ c. In paragraph (e) the third table 

titled ‘‘EPA-APPROVED NONREGULATORY PROVISIONS AND 

QUASI-REGULATORY MEASURES IN 

THE ARKANSAS SIP’’ is amended by 

revising the entry for ‘‘Infrastructure for 

the 1997 and 2006 PM2.5 NAAQS’’. 

The amendments read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP 

State citation Title/subject 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control 

Chapter 1: Title, Intent and Purpose 

Reg 19.101 ...... Title ........................................................ 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

*******

Reg 19.103 ...... Intent and Construction .......................... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.104 ...... Severability ............................................. 11/18/2012 3/4/2015 [Insert Federal 

Register citation].

Chapter 2: Definitions 

Chapter 2 ......... Definitions .............................................. 9/13/2014 3/4/2015 [Insert Federal 

Register citation].

The SIP-approved definition of ‘‘CO2 

equivalent emissions’’ does not contain the GHG Biomass Deferral Provisions. 

Chapter 3: Protection of the National Ambient Air Quality Standards 

’ 

* * * * * * * 

Reg 19.304 ...... Delegated Federal Programs ................. 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

*******

Chapter 5: General Limitations Applicable to Equipment (Need to change title in CFR) 

*******

Reg 19.502 ...... General Regulations .............................. 9/13/2014 3/4/2015 [Insert Federal 

Register citation].

Reg 19.503 ...... Visible Emission Regulations ................. 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.504 ...... Stack Height/Dispersion Regulations .... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.505 ...... Revised Emissions Limitation ................ 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Chapter 6: Upset and Emergency Conditions 

Reg 19.601 ...... Upset Conditions .................................... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.602 ...... Emergency Conditions ........................... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Chapter 7: Sampling, Monitoring, and Reporting Requirements 

*******

Reg 19.702 ...... Air Emissions Sampling ......................... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.703 ...... Continuous Emissions Monitoring ......... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].


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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued 

State citation Title/subject 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

*******

Chapter 9: Prevention of Significant Deterioration 

*******

Reg 19.903 ...... Definitions .............................................. 9/13/2014 3/4/2015 [Insert Federal 

Register citation].

Reg 19.904 ...... Adoption of Regulations ......................... 9/13/2014 3/4/2015 [Insert Federal 

Register citation].

The SIP-approved PSD program does 

not include the new provisions pertaining to GHG PSD PAL permitting 

at Regulation 19.904(A)(1), effective 

on July 27, 2013, and submitted to 

EPA on January 7, 2014. 

The SIP-approved PSD program does 

not include the revisions to Regulation 19.904(G)(1), effective on July 

27, 2013, and submitted to EPA on 

January 7, 2014, pertaining to GHG 

PSD PAL permitting. 

The Arkansas SIP continues to include 

Regulation 19.904(G)(1) as approved 

by EPA on April 12, 2007, as submitted by the state on February 3, 

2005. 

Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County 

*******

Reg 19.1002 .... Purpose .................................................. 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.1003 .... Definitions .............................................. 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.1004 .... General Provisions ................................. 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Reg 19.1005 .... Provisions for Specific Processes ......... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

*******

Chapter 11: Major Source Permitting Procedures 

Chapter 11 ....... Major Source Permitting Procedures ..... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

Chapter 13: Stage I Vapor Recovery 

Reg 19.1301 .... Provisions for Specific Processes ......... 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

*******

Reg. 19.1303 ... Definitions .............................................. 1/25/2009 3/4/2015 [Insert Federal 

Register citation].

*******

Appendix B: National Ambient Air Quality Standards List 

Appendix B ...... National Ambient Air Quality Standards 

List.

9/13/2014 3/4/2015 [Insert Federal 

Register citation].


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EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP—Continued 

State citation Title/subject 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

*******

(e) * * * 

EPA-APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP 

Name of SIP 

provision 

Applicable geographic or nonattainment 

area 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

*******

Infrastructure for 

the 1997 and 

2006 PM2.5

NAAQS.

Statewide ............................................... 3/28/2008 

9/16/2009 

9/13/2014 

3/4/2015 [Insert Federal 

Register citation].

Approval for CAA elements 110(a)(2)

(A), (B), (E), (F), (G), (H), (K), (L), 

and (M) on 8/20/2012 (77 FR 50033). 

Approval for PSD elements (C), (D)(i)

(II) (interfere with measures in any 

other state to prevent significant deterioration of air quality) and (J) on May 

4, 2015 [Insert Federal Register citation] 

*******

* * * * * 

■ 3. Section 52.172 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 52.172 Approval status. 

(b) * * * 

(c) 1997 PM2.5 NAAQS: The SIP 

submitted March 28, 2008 is 

disapproved for CAA element 

110(a)(2)(D)(ii). 

(d) 2006 PM2.5 NAAQS: The SIPs 

submitted March 28, 2008 and 

September 16, 2009 are disapproved for 

CAA element 110(a)(2)(D)(ii). 

■ 4. Section 52.181 is amended by 

adding paragraph (a)(5) to read as 

follows: 

§ 52.181 Significant deterioration of air 

quality. 

(a) * * * 

(5) December 1, 2014—submittal of 

Regulation 19, Chapter 9, Prevention of 

Significant Deterioration which 

provided the authority to regulate and 

permit emissions of PM2.5 and its 

precursors. 

* * * * * 

[FR Doc. 2015–04270 Filed 3–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52, 62, and 70 

[EPA–R07–OAR–2015–0006; FRL9923–68– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans, State 

Plans for Designated Facilities and 

Pollutants, and Operating Permits 

Program; State of Missouri 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) and the 

operating permits program for the State 

of Missouri which were received on 

November 6, 2013, November 20, 2014, 

March 27, 2014, July 7, 2014, and July 

14, 2014. The revisions submitted by the 

state include amendments to rules 

relating to reference methods, 

definitions and common reference 

tables, ambient air quality standards, 

and a rule rescission related to air 

quality control measures for sources 

clustered in small land areas. Many of 

the revisions are administrative in 

nature and either incorporate by 

reference or update state rules to match 

Federal regulations. Some are more 

substantive, but are non-controversial. 

In addition, they provide more clarity 

for the regulated public. This direct 

final action will amend the SIP to 

include revised regulations which will 

then be more consistent with Federal 

regulations. These revisions do not have 

an adverse effect on air quality. EPA’s 

approval of these rule revisions is being 

done in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This direct final rule will be 

effective May 4, 2015, without further 

notice, unless EPA receives adverse 

comment April 3, 2015. If EPA receives 

adverse comment, we will publish a 

timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0006, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: bhesania.amy@epa.gov. 

3. Mail or Hand Delivery: Amy 

Bhesania, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 


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