Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38625 

1As explained more fully in our April 27, 2015, 

proposed rulemaking; the U.S. Supreme Court 

Continued 

rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T11–681 to read as 

follows: 

§ 165.T11–681 Safety zone; Underwater 

Vessel Testing, San Francisco Bay, San 

Francisco, CA. 

(a) Location. This temporary safety 

zone will encompass the navigable 

waters of the South San Francisco Bay 

within an area connecting the following 

points: 37°43′30′′ N., 122°21′6′′ W.; 

37°43′53′′ N., 122°19′17′′ W.; 37°41′34′′ 

N., 122°20′30′′ W.; 37°41′56′′ N., 

122°18′42′′ W. (NAD 83); thence back to 

the point of origin (NAD 83), as 

depicted in National Oceanic and 

Atmospheric Administration (NOAA) 

Chart 18651. 

(b) Enforcement period. The zone 

described in paragraph (a) of this 

section will be enforced for a duration 

of 6 to up to 72 hours, as announced via 

Broadcast Notice to Mariners, 

periodically between on July 1 through 

October 31, 2015. The Captain of the 

Port San Francisco (COTP) will notify 

the maritime community of periods 

during which this zone will be enforced 

via Broadcast Notice to Mariners in 

accordance with § 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in subpart C of this part, 

entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone on VHF–23A or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

Dated: May 18, 2015. 

Gregory G. Stump, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2015–16621 Filed 7–6–15; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0378; FRL–9929–81– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Arkansas; 

Prevention of Significant Deterioration; 

Greenhouse Gas Plantwide 

Applicability Limit Permitting 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving one revision 

to the Arkansas State Implementation 

Plan (SIP) submitted by the Arkansas 

Governor to the EPA on January 7, 2014. 

This submittal revises the Arkansas 

Prevention of Significant Deterioration 

(PSD) Permitting Program to incorporate 

by reference federal plantwide 

applicability limit (PAL) permitting 

provisions to enable the State of 

Arkansas to issue PSD PALs to sources 

with greenhouse gas (GHG) emissions. 

The EPA has determined that the 

January 7, 2014 revision to the Arkansas 

SIP is consistent with federal 

requirements for PSD permitting. The 

EPA is also approving ministerial 

changes to the Code of Federal 

Regulations (CFR) to reflect recent EPA 

SIP approvals to the Arkansas PSD 

program and to show that SIP 

deficiencies identified in prior partial 

disapprovals have been addressed. We 

are finalizing this action under section 

110 and part C of title I of the Clean Air 

Act (CAA or the Act). 

DATES: This final rule is effective on 

August 6, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2014–0378. 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 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley, 214–665–2115, 

wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our April 27, 2015 

proposal. See 80 FR 23245. In that 

document, we proposed to approve the 

January 7, 2014, Arkansas SIP revision; 

a submittal that included PSD 

permitting provisions adopted on June 

28, 2013, at the Arkansas Pollution 

Control and Ecology Commission’s 

(‘‘Commission’’) Regulation Number 19, 

Regulations of the Arkansas Plan of 

Implementation for Air Pollution 

Control (hereinafter Regulation 19 at 

19.904(A)(1) and (G)(1)). These revisions 

to the PSD program provide the 

Arkansas Department of Environmental 

Quality (ADEQ) the ability to issue GHG 

PSD PALs consistent with the 

‘‘Prevention of Significant Deterioration 

and Title V Greenhouse Gas Tailoring 

Rule Step 3 and GHG Plantwide 

Applicability Limits Final Rule’’ (77 FR 

41051) and recent litigation surrounding 

the permitting of GHGs.1 The January 7, 


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38626 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 

issued a decision addressing the application of PSD 

permitting requirements to GHG emissions on June 

23, 2014, in Utility Air Regulatory Group v. 

Environmental Protection Agency. See 134 S.Ct. 

2427 (2014) (the ‘‘UARG’’ decision).The UARG 

decision effectively upheld PSD permitting 

requirements for GHG emissions under Step 1 of the 

Tailoring Rule for ‘‘anyway sources’’ and 

invalidated PSD permitting requirements for Step 2 

sources. In accordance with the UARG decision, on 

April 10, 2015, the U.S. Court of Appeals for the 

District of Columbia Circuit (the D.C. Circuit) issued 

an amended judgment vacating the regulations that 

implemented Step 2 of the Tailoring Rule, but not 

the regulations that implement Step 1 of the 

Tailoring Rule. See Coalition for Responsible 

Regulation v. EPA, D.C. Cir., No. 09–1322, 06/26/ 

20, judgment entered for No. 09–1322 on 04/10/

2015. (The ‘‘Coalition’’ decision). Neither the UARG 

decision nor the Coalition judgment directly 

impacted the ability to issue PALs for GHGs for 

existing major stationary sources. We anticipate that 

the EPA will need to revise the PAL provisions in 

the future to address the specifics of these 

decisions, but this does not affect today the 

finalization of the State’s PAL provisions that can 

be used to provide PALs for GHGs consistent with 

the UARG and Coalition decisions. Therefore we 

can finalize approval of the AR GHG PAL 

provisions at this time. 

2014 submittal also included a nonsubstantive revision to the Regulation 

19.904(E)(3) to correct a reference to 

federal air quality models for PSD 

permitting. The April 27, 2015, proposal 

and the accompanying Technical 

Support Document (TSD) present our 

rationale for approving these regulations 

as meeting the minimum federal 

requirements for the adoption and 

implementation of the PSD SIP 

permitting programs. This action was 

proposed under section 110 and part C 

of the Act. We did not receive any 

comments regarding our proposal. 

II. Final Action 

The EPA is approving the January 7, 

2014 submitted revisions to the 

Arkansas PSD Permitting Program at 

Regulation 19.904(A)(1), (E)(3), and 

(G)(1) into the Arkansas SIP. The EPA 

has determined that the January 7, 2014 

revision is approvable because the 

submitted rules are adopted and 

submitted in accordance with the CAA 

and are consistent with the EPA’s 

regulations regarding PSD permitting for 

emissions of GHGs. Therefore, the EPA 

approves the following as a revision to 

the Arkansas PSD SIP: 

• Substantive revisions to Regulation 

19.904(A)(1) incorporating by reference 

the federal GHG PSD PAL permitting 

provisions, 

• Revisions to Regulation 19.904(E)(3) 

to update the reference to federal PSD 

air quality models at 40 CFR 52.21(l)(2), 

and 

• Substantive revisions to Regulation 

19.904(G)(1) establishing the 

requirements for GHG PSD PAL permits 

consistent with federal requirements. 

The EPA is also finalizing our 

approval of ministerial changes to 40 

CFR 52.170(e) and 40 CFR 52.172(b) 

which reflect that deficiencies identified 

in our partial disapproval of the 

December 17, 2007 and March 28, 2008 

Arkansas SIP submittals for the 1997 8- 

hour ozone NAAQS were addressed by 

our approval of Arkansas PSD program 

revisions which provide the authority to 

regulate and permit emissions of GHGs 

on April 2, 2013 (78 FR 19596). We are 

also approving a ministerial change to 

40 CFR 52.181(a) to reflect that the EPA 

approved a revision to the PSD program 

for the authority to regulate and permit 

emissions of GHGs on April 2, 2013 (78 

FR 19596). 

The EPA is approving these actions 

under section 110 and part C of the Act, 

and for the reasons stated above. 

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 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Arkansas regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

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 September 8, 

2015. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 


srobinson on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38627 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 19, 2015. 

Samuel Coleman, 

Acting 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. Section 52.170 is amended by 

revising: 

■ a. The entry for Section 19.904 in the 

table titled ‘‘EPA-Approved Regulations 

in the Arkansas SIP’’ in paragraph (c); 

and 

■ b. The entries for ‘‘Infrastructure for 

the 1997 Ozone NAAQS’’ and 

‘‘Interstate transport for the 1997 ozone 

NAAQS (Noninterference with 

measures required to prevent significant 

deterioration of air quality in any other 

State)’’ in the third table titled ‘‘EPAApproved Non-Regulatory Provisions 

and Quasi-Regulatory Measures in the 

Arkansas SIP’’ in paragraph (e). 

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 

*******

Section 19.904 .................. Adoption of Regulations ............................................. 12/01/2014 7/7/2015 [Insert FR page 

number where document begins].

*******

* * * * * (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 Ozone 

NAAQS.

Statewide ................................................... 12/17/07 

3/28/08 

8/20/12 (77 

FR 50033).

Approval for CAA elements 110(a)(2)(A), 

(B), (E), (F), (G), (H), (K), (L), and (M). 

Approval for CAA elements 

110(a)(2)(C), (D)(i)(II) (interfere with 

measures in any other state to prevent 

significant deterioration of air quality), 

(D)(ii), and (J) for the 1997 ozone 

NAAQS, except as it relates to Greenhouse Gas (GHG) emissions. The GHG 

PSD deficiency was addressed on April 

2, 2013 (78 FR 19596). 


srobinson on DSK5SPTVN1PROD with RULES
38628 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 

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

Name of SIP 

provision 

Applicable geographic or nonattainment 

area 

State 

submittal/ 

effective 

date 

EPA Approval 

date Explanation 

*******

Interstate transport 

for the 1997 ozone 

NAAQS (Noninterference with measures required to 

prevent significant 

deterioration of air 

quality in any other 

State).

Statewide ................................................... 4/5/11 8/20/12 (77 

FR 50033).

Approved except as it relates to GHGs. 

The GHG PSD deficiency was addressed on April 2, 2013 (78 FR 

19596). 

*******

§ 52.172 [Amended] 

■ 3. Section 52.172 is amended by 

removing paragraph (b) and 

redesignating paragraphs (c) and (d) as 

paragraphs (b) and (c), respectively. 

■ 4. Section 52.181 is amended by 

redesignating paragraph (a)(5) as 

paragraph (a)(7) and adding paragraphs 

(a)(5) and (6) to read as follows: 

§ 52.181 Significant deterioration of air 

quality. 

(a) * * * 

(5) November 6, 2012—submittal of 

Regulation 19, Chapter 9, Prevention of 

Significant Deterioration which 

provided the authority to regulate 

greenhouse gas emissions in the 

Arkansas PSD program. 

(6) January 7, 2014—submittal of 

Regulation 19, Chapter 9, Prevention of 

Significant Deterioration which updated 

the Arkansas PSD program to provide 

for the issuance of greenhouse gas 

plantwide applicability limit permits. 

* * * * * 

[FR Doc. 2015–16388 Filed 7–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2013–0696; FRL–9929–25– 

OAR] 

RIN 2060–AR81 

Performance Specification 18— 

Performance Specifications and Test 

Procedures for Hydrogen Chloride 

Continuous Emission Monitoring 

Systems at Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing performance 

specifications and test procedures for 

hydrogen chloride (HCl) continuous 

emission monitoring systems (CEMS) to 

provide sources and regulatory agencies 

with criteria and test procedures for 

evaluating the acceptability of HCl 

CEMS. The final performance 

specification (Performance Specification 

18) includes requirements for initial 

acceptance, including instrument 

accuracy and stability assessments. This 

action also finalizes quality assurance 

(QA) procedures for HCl CEMS used for 

compliance determination at stationary 

sources. The QA procedures (Procedure 

6) specify the minimum QA 

requirements necessary for the control 

and assessment of the quality of CEMS 

data submitted to the EPA. 

This action establishes consistent 

requirements for ensuring and assessing 

the quality of HCl data measured by 

CEMS. The affected systems are those 

used for determining compliance with 

emission standards for HCl on a 

continuous basis as specified in an 

applicable permit or regulation. The 

affected industries and their North 

American Industry Classification 

System (NAICS) codes are listed in the 

SUPPLEMENTARY INFORMATION section of 

this preamble. 

DATES: This final rule is effective on July 

7, 2015. 

ADDRESSES: Docket: The EPA has 

established a docket for this rulemaking 

under Docket ID No. EPA–HQ–OAR– 

2013–0696. 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 (CBI) 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 EPA Docket Center, Room 3334, 

EPA WJC West Building, 1301 

Constitution Ave. NW., Washington, DC 

20004. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the EPA 

Docket Center is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace Sorrell, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division (AQAD), 

Measurement Technology Group, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27709; telephone number: (919) 541– 

1064; fax number: (919) 541–0516; 

email address: sorrell.candace@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. Judicial Review 

II. Background 

III. Changes Included in the Final 

Performance Specification 18 and 

Procedure 6 

IV. Summary of Major Comments and 

Responses 

A. Dynamic Spiking 

B. Duplicate Trains When Performing 

RATA 

C. Stratification Test Requirements 

D. Calibration Range Above Span 

E. RATA Acceptance Criteria for Low 

Concentration Sources 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 


srobinson on DSK5SPTVN1PROD with RULES