Federal Register - February 12, 2021
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Source: Federal Register
9292
Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations
Response: The EPA acknowledges the commenters concern that the ongoing COVID19 pandemic may have negative impacts on the State maintaining adequate resources to meet its SIP
obligations. As discussed above, EPA
has concluded that Arkansas has provided assurances in the infrastructure SIP submission for the 2015 O3 NAAQS that it has adequate personnel and funding to carry out its SIP obligations at this time. For these
reasons, EPA does not agree that it must disapprove the infrastructure SIP
submission. If the adequacy of Arkansas resources to carry out its SIP
is substantially affected in the future, EPA has the statutory authority to address this issue through means other than disapproving the infrastructure SIP
submission at this time.
III. Final Action We are approving portions of the October 25, 2018, Arkansas iSIP
submittal for the 2015 O3 NAAQS as detailed in Table 1 of this final action.
The agency will take action on those portions of the submission addressing CAA section 110a2DiI, prongs 1
and 2, Significant Contribution to Nonattainment and Interference with Maintenance in other states, and CAA
section 110a2DiII, prong 4, Interference with Visibility Protection in other states in separate, future actions.
TABLE 1FINAL ACTION ON ARKANSAS INFRASTRUCTURE AND TRANSPORT SIP SUBMITTALS FOR THE 2015 OZONE
NAAQS
Element
Proposed action
A: Emission limits and other control measures
B: Ambient air quality monitoring and data system
Ci: Enforcement of SIP measures
Cii: PSD program for major sources and major modifications
Ciii: Permitting program for minor sources and minor modifications
DiI: Contribute to nonattainment/interfere with maintenance of NAAQS prongs 1 and 2
DiII: PSD prong 3
DiII: Visibility Protection prong 4
Dii: Interstate and International Pollution Abatement
Ei: Adequate resources
Eii: State boards
Eiii: Necessary assurances with respect to local agencies
F: Stationary source monitoring system
G: Emergency power
H: Future SIP revisions
I: Nonattainment area plan or plan revisions under part D
Ji: Consultation with government officials
Jii: Public notification
Jiii: PSD
Jiv: Visibility protection
K: Air quality modeling and data
L: Permitting fees
M: Consultation and participation by affected local entities
A
A
A
A
A
SA
A
SA
A
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table 1:
A: Approved, +: Not germane to infrastructure SIPs.
SA: EPA is acting on this infrastructure requirement in a separate rulemaking action.
Based upon our review of the States infrastructure SIP submission for the 2015 O3 NAAQS and relevant statutory and regulatory authorities and provisions referenced in this submission or referenced in the EPA-approved Arkansas SIP, EPA finds that the state has established that it has met the infrastructure SIP requirements of CAA
sections 110a1 and 2, as applicable, except as noted in Table 1 of this final action.
We are also approving the submitted changes to the states Regulation 19
Definitions and Appendix B that reference the 2015 O3 NAAQS.
IV. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
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by reference of a revision to Regulation 19, Chapter 2, Definitions and Appendix B, Regulations of the Arkansas Plan of Implementation for Air Pollution control. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA
Region 6 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.
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V. 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs 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,
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