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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270, telephone 214 6656745; email address grady.james@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, or our mean the EPA.
Table of Contents I. Background II. Final Action III. Responses to Comments IV. Statutory and Executive Order Reviews
I. Background Arkansas submitted a SIP revision on September 9, 2008, to address the requirements of the first regional haze implementation period. On August 3, 2010, Arkansas submitted a SIP revision with mostly non-substantive revisions to Arkansas Pollution Control and Ecology Commission APCEC
Regulation 19, Chapter 15.1 On September 27, 2011, the State submitted supplemental information to clarify several aspects of the September 9, 2008
submittal. Hereafter we refer to these regional haze submittals collectively as the 2008 Arkansas Regional Haze SIP.
On March 12, 2012, we partially approved and partially disapproved the 2008 Arkansas Regional Haze SIP.2 On September 27, 2016, in accordance with section 110c1 of the CAA, we promulgated a FIP the Arkansas Regional Haze FIP addressing the disapproved portions of the 2008
Arkansas Regional Haze SIP.3 Among other things, the FIP established SO2, nitrogen oxide NOX, and PM emission limits under the BART requirements for nine units at six facilities: Arkansas Electric Cooperative Corporation AECC Bailey Plant Unit 1; AECC
McClellan Plant Unit 1; the American Electric Power/Southwestern Electric Power Company AEP/SWEPCO Flint Creek Plant Boiler No. 1; Entergy Arkansas, Inc. Entergy Lake Catherine Plant Unit 4; Entergy White Bluff Plant Units 1 and 2; Entergy White Bluff Auxiliary Boiler; and the Domtar Ashdown Mill Power Boilers No. 1 and 2. The FIP also established SO2 and NOX emission limits under the
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1 The
September 9, 2008 SIP submittal included APCEC Regulation 19, Chapter 15, which is the state regulation that identified the BART-eligible and subject-to-BART sources in Arkansas and established BART emission limits for subject-toBART sources. The August 3, 2010 SIP revision did not revise Arkansas list of BART-eligible and subject-to-BART sources or revise any of the BART
requirements for affected sources. Instead, it included mostly non-substantive revisions to the state regulation.
2 77 FR 14604.
3 81 FR 66332; see also 81 FR 68319 October 4, 2016 correction.

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reasonable progress requirements for Entergy Independence Units 1 and 2.
Following the issuance of the Arkansas Regional Haze FIP, the State of Arkansas and several industry parties filed petitions for reconsideration and a motion for an administrative stay of the final rule.4 On April 14, 2017, we announced our decision to reconsider several elements of the FIP, as follows:
Appropriate compliance dates for the NOX emission limits for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and Independence Units 1 and 2; the low-load NOX emission limits applicable to White Bluff Units 1 and 2
and Independence Units 1 and 2 during periods of operation at less than fifty percent of the units maximum heat input rating; the SO2 emission limits for White Bluff Units 1 and 2; and the compliance dates for the SO2 emission limits for Independence Units 1 and 2.5
EPA also published a document in the Federal Register on April 25, 2017, which administratively stayed the effectiveness of the NOX compliance dates in the FIP for the Flint Creek, White Bluff, and Independence units, as well as the compliance dates for the SO2
emission limits for the White Bluff and Independence units for a period of ninety days.6 On July 13, 2017, the EPA
published a document proposing to extend the NOX compliance dates for Flint Creek Boiler No. 1, White Bluff Units 1 and 2, and Independence Units 1 and 2, by 21 months, to January 27, 2020.7 However, EPA did not take final action on the July 13, 2017 proposed rule because on July 12, 2017, Arkansas submitted a proposed SIP revision with a request for parallel processing Arkansas Regional Haze NOX SIP
revision or Arkansas NOX SIP revision.
The States proposed revision addressed the NOX BART requirements for Bailey Unit 1, McClellan Unit 1, Flint Creek Boiler No. 1, Lake Catherine Unit 4, White Bluff Units 1 and 2, and White Bluff Auxiliary Boiler, as well as the reasonable progress requirements with respect to NOX. We processed this proposed SIP revision in parallel with the states SIP approval process and, in 4 See the docket associated with this proposed rulemaking for a copy of the petitions for reconsideration and administrative stay submitted by the State of Arkansas; Entergy Arkansas Inc., Entergy Mississippi Inc., and Entergy Power LLC
collectively Entergy; AECC; and the Energy and Environmental Alliance of Arkansas EEAA.
5 Letter from E. Scott Pruitt, Administrator, EPA, to Nicholas Jacob Bronni and Jamie Leigh Ewing, Arkansas Attorney Generals Office April 14, 2017.
A copy of this letter is included in the docket no.
EPAR06OAR201501890240 at https
www.regulations.gov.
6 82 FR 18994.
7 82 FR 32284.

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a proposed rule published in the Federal Register on September 11, 2017, we proposed approval of the Arkansas Regional Haze NOX SIP revision and withdrawal of the corresponding parts of the Arkansas Regional Haze FIP.8 On October 31, 2017, we received Arkansas final Regional Haze NOX SIP revision addressing NOX BART for EGUs and the reasonable progress requirements with respect to NOX for the first implementation period. On February 12, 2018, we finalized our approval of the Arkansas Regional Haze NOX SIP
revision and our withdrawal of the corresponding parts of the FIP.9
On August 8, 2018, Arkansas submitted another SIP revision Arkansas Regional Haze SO2 and PM
SIP revision or Phase II SIP revision addressing all remaining disapproved parts of the 2008 Regional Haze SIP, with the exception of the BART and associated long-term strategy requirements for the Domtar Ashdown Mill Power Boilers No. 1 and 2. In a proposed rule published in the Federal Register on November 30, 2018, we proposed approval of a portion of the SIP revision and we also proposed to withdraw the parts of the FIP
corresponding to our proposed approvals.10 The Phase II SIP revision included a discussion of Arkansas interstate visibility transport requirements, and we stated in our proposed rule that we intended to propose action on this portion of the SIP
revision in a future proposed rulemaking. On September 27, 2019, we took final action to approve a portion of the Arkansas Regional Haze SO2 and PM
SIP revision and to withdraw the corresponding parts of the FIP.11
On August 13, 2019, Arkansas submitted the Arkansas Regional Haze Phase III SIP Phase III SIP revision.
This SIP revision contains a BART
alternative to address BART and the associated long-term strategy requirements for two subject-to-BART
sources Power Boilers No. 1 and 2 at the Domtar Ashdown Mill located in Ashdown, Arkansas. The BART
alternative addresses SO2, PM, and NOX
BART for Power Boilers No. 1 and 2. On March 16, 2020, we proposed to approve the Phase III SIP revision.12 Our proposed rule included proposed approval of the BART alternative for SO2, PM, and NOX at Power Boilers No.
1 and 2 and elements that relate to the BART requirements at this facility;
8 82

FR 42627.
FR 5927 and 83 FR 5915 February 12, 2018.
10 83 FR 62204 November 30, 2018.
11 84 FR 51033 and 84 FR 51056 Sept. 27, 2019.
12 85 FR 14847 March 16, 2020.
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