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Federal Register / Vol. 86, No. 28 / Friday, February 12, 2021 / Rules and Regulations 4, in separate actions.1 We also proposed to approve changes to the States Regulation 19 definition of National Ambient Air Quality Standards and Appendix B of the Regulation 19 to be consistent with the 2015 O3 NAAQS. We received comments on the proposed approval from one commenter Commenter.
The comments are posted and available through the regulations.gov website Docket EPAR06OAR20190616.
The comments and our responses follow.
II. Response to Comments Comment: The commenter states that EPA should not approve the states infrastructure SIP submission because it is inconsistent with federal laws.
Response: EPA disagrees with this comment. The commenter does not identify the specific requirements that the state has not met, nor do they explain the basis for this concern. As explained in the proposal for this action, and in this final action, EPA has evaluated the states infrastructure SIP
submission for compliance with the statutory requirements of CAA section 110a1 and 2, as applicable, and in light of the agencys 2013 guidance for infrastructure SIP submissions.2 This is the federal law and guidance that is relevant in the context of a states infrastructure SIP submission. The agency has concluded in this action that the state has met the infrastructure SIP
requirements for the 2015 O3 NAAQS.
Comment: The commenter asserts that EPA must make sure the State is implementing its SIP.
Response: In acting on infrastructure SIP submissions, EPA is required to evaluate the submitting states SIP for compliance with statutory and regulatory structural SIP requirements, not for the states implementation of its SIP. See Montana Envtl. Info. Ctr. v.
Thomas, 902 F.3d 971 9th Cir. 2018.
To the extent there were any concerns with respect to the states implementation of the 2015 O3 NAAQS, EPA has other authorities to address such concerns. For example, the CAA
provides the EPA the authorities to issue a SIP call, under section 110k5
to correct SIP inadequacies; to make a finding of failure to implement and impose appropriate sanctions against 1 Earlier this year we proposed to approve the Arkansas submittal for interstate transport prong 4
visibility protection. See 85 FR 14847 March 16, 2020.
2 Guidance on Infrastructure State Implementation Plan SIP Elements under Clean Air Act Sections 110a1 and 110a2, Memorandum from Stephen D. Page, September 13, 2013.

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the state, under sections 110m and 179a4 of the Act, if the EPA finds the state fails to implement any requirement of an approved SIP; and to take measures to address specific permit deficiencies pursuant to the EPAs caseby-case permitting oversight and enforcement authorities under sections 165a2 and 167 of the Act. The appropriateness of employing these authorities depends on the nature and extent of the implementation problems at issue.
Also, the commenter did not provide an example of which part of the SIP the ADEQ is not currently implementing.
As discussed in our proposal, ADEQ
maintains an adequate monitoring program, has a permitting program, adopts rules as necessary, conducts inspections, investigations and takes enforcement actions when appropriate.
EPA performs oversight of the air program through the annual air monitoring network plan review, midyear and end of year reviews on the Section 103 and 105 grants programs, and enforcement framework reviews of the states enforcement programs. EPA
also maintains on-going communications with the state, providing input on implementation issues, and sharing guidance and information through regular conference calls. A lack of adequate funding for the ADEQs operation would impact implementation of programs we regularly discuss and review with the state. Such concerns have not been noted by the EPA.
Comment: The commenter questioned EPAs approval of the infrastructure SIP
because EPA must review the finances of the state agency implementing the SIP to ensure the financial health of the agency.
Response: EPA agrees that in order to address the requirements of section 110a2Ei, states must establish that they have adequate funding to implement their SIP. Accordingly, EPA
did evaluate this element. In its infrastructure SIP submission, the state indicated it has met the requirements of the CAA. Section 110a2E requires that the state provide for adequate personnel, funding, and legal authority to carry out its SIP. Ark. Code Ann. 8
11031A, 811033 and 81
1035 grants ADEQ the authority to establish, and collect fees for issuance, annual review, and modification of air permits. Regulation No. 9, Fee Regulation, Chapter 5, contains the air permit fees applicable to non-part 70
permits, part 70 permits, and general permits. Ark. Code Ann. 81
202b2D states that the Director of ADEQs duties include the day-to-day
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administration of all activities that the Department is empowered to perform by law, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations, as is necessary to carry out the responsibilities vested with ADEQ.
Moreover, the State receives federal grants under CAA sections 103 and 105
to assist it in carrying out the SIP.
Section 103 funding supports specific, non-recurring projects within the air program and thus, the amount of funding can vary widely from year to year. Section 105 supports the foundation of the States air quality program, including the air monitoring network and annual air quality program activities. Section 105 funding levels are relatively consistent, varying not more than about 10% from year to year.
Section 105 funds require a 40% match from the State, while section 103 funds do not require a match. During the upcoming fiscal year FY2021, ADEQ
will receive $1,139,737 in section 105
grant funding. For FY2020/2021 ADEQ
will receive $1,137,068 in section 103
grant funding. This federal funding supplements the states air program implementation funding mechanisms.
As explained in the proposal, EPA has concluded that ADEQ has adequate personnel, funding, and authority through these provisions in order to carry out the states implementation plan.
Comment: The commenter supported concerns about the adequacy of the State agencys funding with statements attributed to the States Governor.
Response: The commenter did not provide enough information for the EPA
to be able to verify the quote or its context. The EPA of course agrees with the statements attributed to the Governor that state agencies need adequate funding to protect public health and the environment. Regardless, even taken at face value the EPA does not believe that the statement establishes that the State in fact has inadequate resources for the purposes of implementing the States SIP. As previously explained, the EPA has considered the resources of the State as established in the infrastructure SIP
submission and considers them adequate at this time.
Comment: The commenter further asserted that the EPA should disapprove the States infrastructure SIP for the 2015 O3 NAAQS based on concerns about the impacts that the COVID19
pandemic will have on the States finances and staff for implementing the SIP.

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