19596 Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 

(b) Prohibition of further grants. When 

VA determines action will be taken to 

recover grant funds from the grantee, the 

grantee is then prohibited from receipt 

of any further grant funds. 

(Authority: Sec. 307, Pub. L. 111–163; 38 

U.S.C. 501) 

[FR Doc. 2013–07636 Filed 4–1–13; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0639; FRL–9795–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Arkansas; Prevention of Significant 

Deterioration; Greenhouse Gas 

Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is taking final action 

to approve two revisions to the 

Arkansas State Implementation Plan 

(SIP) submitted by the Arkansas 

Department of Environmental Quality 

(ADEQ) to EPA on February 17, 2010, 

and November 6, 2012. The February 

17, 2010, SIP revision to the Arkansas 

New Source Review (NSR) Prevention of 

Significant Deterioration (PSD) program 

updates the Arkansas SIP to incorporate 

by reference (IBR) requirements for the 

federal PSD permitting program under 

EPA’s November 29, 2005 Phase 2 8- 

hour Ozone Implementation rule. The 

November 6, 2012, SIP revision to the 

Arkansas NSR PSD program provides 

the state of Arkansas with the authority 

to issue PSD permits governing 

greenhouse gas (GHG) emissions and 

establishes appropriate emission 

thresholds for determining which new 

stationary sources and modifications to 

existing stationary sources become 

subject to Arkansas’s PSD permitting 

requirements for their GHG emissions. 

The November 6, 2012 SIP revision also 

defers until July 21, 2014, application of 

the PSD permitting requirements to 

biogenic carbon dioxide emissions from 

bioenergy and other biogenic stationary 

sources. EPA is approving the February 

17, 2010, and November 6, 2012, SIP 

revisions to the Arkansas NSR PSD 

permitting program as consistent with 

federal requirements for PSD permitting. 

As a result of this approval, EPA is 

rescinding the GHG PSD Federal 

Implementation Plan (FIP) for Arkansas 

that was put in place on December 30, 

2010, to ensure the availability of a 

permitting authority for GHG permitting 

in Arkansas. EPA is finalizing this 

action under section 110 and part C of 

the Act. 

DATES: This final rule will be effective 

May 2, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0639. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. A 15 cent per 

page fee will be charged for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area on the seventh 

floor at 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733. 

The State submittals related to this 

SIP revision, and which are part of the 

EPA docket, are also available for public 

inspection at the Local Air Agency 

listed below during official business 

hours by appointment: Arkansas 

Department of Environmental Quality, 

5301 Northshore Drive, North Little 

Rock, Arkansas 72118–5317. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mike Miller (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–7550. Mr. Miller can also be 

reached via electronic mail at 

miller.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. What is the background for this action? 

II. What final action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

The background for today’s final rule 

and the EPA’s national actions 

pertaining to GHGs is discussed in 

detail in our January 11, 2013 proposal 

(see 78 FR 2354). The comment period 

was open for thirty days and no 

comments were received. 

II. What final action is EPA taking? 

We are approving Arkansas’s 

February 17, 2010 SIP submittal, which 

updates the Arkansas SIP to incorporate 

by reference (IBR) requirements for the 

federal PSD permitting program under 

EPA’s November 29, 2005 Phase 2 8- 

hour Ozone Implementation rule. 

We are also approving Arkansas’s 

November 6, 2012, SIP submittal, 

relating to PSD permitting requirements 

for GHG-emitting sources in Arkansas. 

Specifically, the SIP revision provides 

the state of Arkansas with the authority 

to issue PSD permits governing 

greenhouse gas (GHG) emissions and 

establishes appropriate emission 

thresholds for determining which new 

stationary sources and modifications to 

existing stationary sources become 

subject to Arkansas’s PSD permitting 

requirements for their GHG emissions. 

The November 6, 2012, SIP revision also 

defers until July 21, 2014, application of 

the PSD permitting requirements to 

biogenic carbon dioxide emissions from 

bioenergy and other biogenic stationary 

sources. 

EPA has made the determination that 

the February 17, 2010, and November 6, 

2012, revisions to the Arkansas SIP for 

PSD permitting are approvable because 

the revisions were adopted and 

submitted as SIP revisions in 

accordance with the CAA and EPA 

regulations regarding PSD permitting for 

8-hour ozone and GHGs. We are taking 

this final action today under section 110 

and part C of the Act. 

As explained in our January 11, 2013 

proposal (see 78 FR 2354), as a result of 

today’s action we are also rescinding the 

GHG PSD FIP for Arkansas at 40 CFR 

52.37(b)(2). Therefore, as of the effective 

date of this final rule, the EPA will no 

longer be the PSD permitting authority 

for GHG-emitting sources in Arkansas. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 19597 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. because this 

SIP approval and FIP rescission under 

section 110 and part C of the Clean Air 

Act will not in-and-of itself create any 

new information collection burdens but 

simply transfers the permitting 

authority from EPA to the State. Burden 

is defined at 5 CFR 1320.3(b). Because 

this final action does not impose an 

information collection burden, the 

Paperwork Reduction Act does not 

apply. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

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. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This rule will transfer the permitting 

responsibility of GHG emissions from 

EPA to the State of Arkansas. This final 

rule will lead to permitting 

requirements for certain sources of GHG 

emissions; however these sources are 

large emitters of GHGs and tend to be 

large sources. Further, this rule will not 

have a significant impact on a 

substantial number of small entities 

because SIP approvals under section 

110 and part C of the Clean Air Act do 

not create any new requirements but 

simply approve requirements that the 

States are already imposing. After 

considering the economic impacts of 

this rule on small entities, I certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities. This final rule 

will not impose any requirements on 

small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

action transfers permitting 

responsibility of GHG emissions from 

EPA to the State of Arkansas. Small 

governments are not impacted. 

E. Executive Order 13132—Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on Arkansas, on the 

relationship between the national 

government and the State of Arkansas, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The CAA 

specifies conditions under which states 

may request, and EPA may approve 

state implementation of CAA 

requirements. This rulemaking approves 

PSD permitting provisions in the state of 

Arkansas for GHG emissions, and as a 

consequence of the SIP approval, 

simultaneously rescinds federal PSD 

permitting responsibility for GHG 

emissions in Arkansas. This rulemaking 

is pursuant to the SIP approval and 

requirements of the CAA. As such, this 

final rule does not change the balance 

of power between Arkansas and EPA as 

provided for in the CAA. Thus, 

Executive Order 13132 does not apply 

to this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicited comment on the 

proposed action from State and local 

officials. EPA received no comments 

from state or local governments on this 

rulemaking. 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). In this action, EPA is not 

addressing any Tribal Implementation 

Plans. This action is limited to 

Arkansas’s PSD SIP. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because EPA is approving 

revisions to the Arkansas PSD SIP for 

permitting of GHG emissions, as 

authorized by the CAA. 

H. Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This action does 

not involved technical standards. 

Therefore, EPA did not consider the use 

of any voluntary consensus standards. 

J. Executive Order 12898—Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations. 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 


tkelley on DSK3SPTVN1PROD with RULES
19598 Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. This rule 

requires the State of Arkansas to assume 

the responibiity for permitting GHG 

emissions subject to PSD requirements. 

This final rule approves the Arkansas 

SIP as meeting Federal requirements for 

GHG PSD permitting and imposes no 

additional requirements beyond those 

imposed by Arkansas law. 

K. Congressional Review Act 

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). 

L. Petitions for Judicial Review 

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 June 3, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: March 22, 2013. 

Bob Perciasepe, 

Acting Administrator. 

40 CFR part 52 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 A—General Provisions 

■ 2. Section 52.37 is amended by 

removing and reserving paragraph 

(b)(2). 

Subpart E—Arkansas 

■ 3. Section 52.170(c) is amended by 

revising the entries for Sections 19.902, 

19.903, and 19.904 under the first table 

titled ‘‘EPA-Approved Regulations in 

the Arkansas SIP’’. 

The revisions 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 9: Prevention of Significant Deterioration 

*******

Reg 19.902 .......................... Purposes .............................................. 1/25/2009 ............................ 4/2/13 [Insert FR page 

number where document 

begins].

Reg 19.903 .......................... Definitions ............................................ 1/25/2009 ............................ 4/2/13 [Insert FR page 

number where document 

begins].

Reg 19.904 .......................... Adoption of Regulations ...................... 11/18/2012 .......................... 4/2/13 [Insert FR page 

number where document 

begins].

* * * * * * * 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Rules and Regulations 19599 

[FR Doc. 2013–07391 Filed 4–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0100; FRL–9795–3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Reasonably Available Control 

Technology for the 1997 8-Hour Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is finalizing its 

proposal to approve revisions to the 

Texas State Implementation Plan (SIP) 

for the Houston/Galveston/Brazoria 

(HGB) 1997 8-Hour ozone 

nonattainment Area (Area). The HGB 

Area consists of Brazoria, Chambers, 

Fort Bend, Galveston, Harris, Liberty, 

Montgomery and Waller counties. 

Specifically, we are finalizing our 

proposed approval of portions of two 

revisions to the Texas SIP submitted by 

the Texas Commission on 

Environmental Quality (TCEQ) as 

meeting certain Reasonably Available 

Control Technology (RACT) 

requirements for Volatile Organic 

Compounds (VOC), and Oxides of 

Nitrogen (NOX) in the HGB Area. We are 

also finalizing our proposal to approve 

the 2007 Voluntary Mobile Emission 

Reduction Program (VMEP) 

commitments for the HGB Area. This 

action is in accordance with section 110 

of the federal Clean Air Act (the Act, 

CAA). 

DATES: This rule will be effective on 

May 2, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0100. All 

documents in the docket are listed on 

the 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 

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. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30am and 

4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar, Air Planning Section (6PD– 

L), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6691, fax (214) 665–7263, 

email address shar.alan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

A. What actions are we approving? 

1. The June 13, 2007 submittal 

2. The April 6, 2010 submittal 

B. When did the public comment period 

expire? 

II. Evaluation 

A. What are the public comments and 

EPA’s response to them? 

B. What is TCEQ’s approach and analysis 

to RACT in the June 13, 2007 submittal? 

C. What CTG source categories are we 

addressing in this action? 

D. Does the revision to 30 TAC Chapter 115 

of the June 13, 2007 submittal meet 

RACT for liquid storage sources in the 

HGB Area? 

E. Is Texas’ approach to major Non-CTG 

sources for RACT determination in the 

HGB Area acceptable? 

F. Is Texas’ approach to RACT 

determination for CTG source categories 

based on the June 13, 2007 and April 6, 

2010 submittals acceptable? 

G. Is Texas’ approach to RACT 

determination for NOX sources based on 

the June 13, 2007 and April 6, 2010 

submittals acceptable? 

H. Is Texas’ approach to RACT 

determination for VOC and NOX sources 

based on the June 13, 2007 and April 6, 

2010 submittals acceptable? 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

A. What actions are we approving? 

In EPA’s September 19, 2012 (77 FR 

58063) rulemaking action we proposed 

to approve portions of revisions to the 

Texas SIP submitted to EPA in two 

separate letters dated June 13, 2007 and 

April 6, 2010 from TCEQ. We are 

finalizing our proposed approval as 

described below. 

1. The June 13, 2007 Submittal 

We are finalizing our proposal to 

approve the June 13, 2007 submittal, 

sent to EPA from TCEQ, which in part, 

included the Voluntary Mobile 

Emission Reduction Program (VMEP) 

commitments as strategies to 

complement existing regulatory 

programs through voluntary, nonregulatory changes in local 

transportation activities or changes in 

in-use vehicle and engine composition. 

Economic incentive provisions are also 

available in sections 182 and 108 of the 

Act. Credits generated through VMEP 

can be counted toward attainment and 

maintenance of the NAAQS. Due to the 

voluntary nature of this program, only 

up to 3% of the total future year 

emissions reductions required to attain 

an appropriate NAAQS may be claimed 

under the VMEP policy guidance. 

In addition, the June 13, 2007 

submittal included an analysis intended 

to demonstrate RACT was being 

implemented in the HGB Area as 

required by the CAA (Appendix D of the 

submittal). 

2. The April 6, 2010 Submittal 

Texas supplemented the RACT 

analysis contained in the June 13, 2007 

submittal as a part of the April 6, 2010 

revision to the Texas SIP. We are 

finalizing the proposal to find, based on 

the analysis in Appendix D of the April 

6, 2010 submittal, in conjunction with 

the June 13, 2007 submission, that 

Texas has met certain RACT 

requirements under section 182(b). 

Appendix D of the April 6, 2010 

submittal is titled ‘‘Reasonably 

Available Control Technology 

Analysis.’’ See section B of the 

September 19, 2012 (77 FR 58063) 

proposal for more information on RACT 

evaluation for the HGB Area. 

B. When did the public comment period 

expire? 

The public comment period for the 77 

FR 58063 proposed approval ended on 

October 19, 2012, and we received 

relevant comments from TCEQ and the 

8-Hour Ozone SIP Coalition (the 

Coalition) on this rulemaking action 

during its comment period. See section 

II below. 

II. Evaluation 

A. What are the public comments and 

EPA’s response to them? 

Comment: TCEQ and the Coalition 

both expressed their support for the 

September 19, 2012 (77 FR 58063) 

rulemaking action. TCEQ stated that 


tkelley on DSK3SPTVN1PROD with RULES