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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. This final action withdraws a FIP that applies to two individually identified units at one facility in Arkansas. There are no Indian reservation lands in Arkansas.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks 16 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 we have reason to believe may have a disproportionate effect on children. EPA interprets E.O.
13045 as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5501 of the E.O. has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action is not subject to E.O. 13045 because it implements specific standards established by Congress in statutes.
H. Executive Order 13211: Actions 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.

Pursuant to CAA section 307d1B, this action is subject to the requirements of CAA section 307d, as it revises a FIP
under CAA section 110c.
L. Congressional Review Act CRA
This rule is exempt from the CRA
because it is a rule of particular applicably. EPA is not required to submit a rule report regarding this action under section 801 because this is a rule of particular applicability that only affects one individually identified facility in Arkansas.
M. Petitions for Judicial Review Under section 307b1 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 21, 2021.
Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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 307b2.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Best available retrofit technology, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Regional haze, Reporting and recordkeeping requirements, Sulfur Dioxide, Visibility.
Jane Nishida, Acting Administrator.

Title 40, chapter I, of the Code of Federal Regulations is amended as follows:

I. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.

PART 52APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
jbell on DSKJLSW7X2PROD with RULES

K. Determination Under Section 307d
1. The authority citation for part 52
continues to read as follows:

The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 59 FR 7629, February 16, 1994.

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

Subpart EArkansas 52. 173

Amended
FR 19885 Apr. 23, 1997.

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40 CFR Part 52
EPAR06OAR20150189; FRL10019
63Region 6

Air Plan Approval; Arkansas; Arkansas Regional Haze and Visibility Transport State Implementation Plan Revisions Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

Pursuant to the Clean Air Act CAA or the Act, the Environmental Protection Agency EPA is finalizing approval of a revision to the Arkansas State Implementation Plan SIP
submitted by the State of Arkansas through the Arkansas Department of Energy and Environment, Division of Environmental Quality DEQ on August 13, 2019. The SIP submittal addresses requirements of the Act and the Regional Haze Rule for visibility protection in mandatory Class I Federal areas Class I areas for the first implementation period. The EPA is approving an alternative measure to best available retrofit technology BART at the Domtar Ashdown Mill for sulfur dioxide SO2, particulate matter PM, and nitrogen oxide NOX; and elements of the SIP submittal that relate to these BART requirements at this facility. In addition, we are approving the withdrawal from the SIP of the previously approved PM10 BART limit for Power Boiler No. 1. The EPA is also concurrently approving Arkansas interstate visibility transport provisions from the August 8, 2018, regional haze SIP submittal as supplemented by the visibility transport provisions in the October 4, 2019, interstate transport SIP
submittal, which covers the following national ambient air quality standards NAAQS: The 2006 24-hour fine particulate matter PM2.5 NAAQS; the 2012 annual PM2.5 NAAQS; the 2008
and 2015 eight-hour ozone O3 NAAQS;
the 2010 one-hour nitrogen dioxide NO2 NAAQS; and the 2010 one-hour SO2 NAAQS. In conjunction with our final approval of these SIP revisions, we are finalizing in a separate rulemaking, published elsewhere in this issue of the Federal Register, our withdrawal of the Federal implementation plan FIP
provisions for the Domtar Ashdown Mill.
SUMMARY:

DATES:

2. In 52.173, remove and reserve paragraph c.
FR Doc. 202105361 Filed 31921; 8:45 am
16 62

ENVIRONMENTAL PROTECTION
AGENCY

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This rule is effective on April 21,
2021.
The EPA has established a docket of all documents for this action at https www.regulations.gov under
ADDRESSES:

E:FRFM22MRR1.SGM

22MRR1