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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
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Arkansas Regional Haze SIP.37 In our 2012 partial approval/partial disapproval action, we approved DEQs identification of these two units as BART-eligible; DEQs determination that these units are subject-to-BART;
and DEQs PM10 BART determination for Power Boiler No. 1.38 In that action, we also disapproved the SO2 and NOX
BART determinations for Power Boiler No. 1; and the SO2, NOX, and PM10
BART determinations for Power Boiler No. 2. In the 2016 Arkansas Regional Haze FIP and its associated technical support document TSD,39 the EPA
promulgated SO2, NOX, and PM10
emission limits for these boilers. The FIP BART limits were based on consideration of the 2006 and 2007
BART analyses, a revised BART analysis dated May 2014,40 and additional information provided by Domtar for the disapproved BART determinations. On March 20, 2018, Domtar provided DEQ
with a proposed BART alternative based on changing boiler operations as part of the companys planned re-purposing and mill transformation from paper production to fluff pulp production. On September 5, 2018, Domtar further revised its BART alternative approach in response to additional boiler operation changes planned at the Ashdown Mill.41 In October 2018, DEQ
proposed a SIP revision that included Domtars BART alternative approach to address the BART requirements for Power Boilers 1 and 2 at the Ashdown Mill.42 The October 2018 proposal 37 See Best Available Retrofit Technology Determination Domtar Industries Inc., Ashdown Mill AFIN 4100002, originally dated October 31, 2006 and revised on March 26, 2007, prepared by Trinity Consultants Inc. This was included as part of the Phase III submittal and included in the docket of this action.
38 See the March 12, 2012 final action 77 FR
14604.
39 See final FIP action on September 27, 2016 81
FR 66332 as corrected on October 4, 2016 81 FR
68319 and the associated TSD, AR020.000200
TSD for EPAs Proposed Action on the Arkansas Regional Haze FIP in Docket No. EPAR06OAR
20150189 for the FIP BART analysis for SO2 and NOX for Power Boiler No. 1; and SO2, NOX, and PM10 for Power Boiler No. 2. This was included as part of the Phase III submittal and included in the docket of this action.
40 See Supplemental BART Determination Information Domtar A.W. LLC, Ashdown Mill AFIN 4100002, originally dated June 28, 2013
and revised on May 16, 2014, prepared by Trinity Consultants Inc. in conjunction with Domtar A.W.
LLC. This was included as part of the Phase III SIP
submittal and is included in the docket of this action.
41 See section III.B of the Arkansas Regional Haze Phase III submittal and the associated September 4, 2018, Ashdown Mill BART Alternative TSD in the docket of this action.
42 The proposed October 2018 SIP revision was intended to replace the portion of our FIP
addressing Domtar and would also resolve the claims regarding Domtar in petitions for review of
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included an administrative order as the enforceable mechanism for the emission limits established under the BART
alternative; and the order also contained monitoring, reporting, and recordkeeping requirements for the boilers. During the States public comment period, Domtar submitted comments stating that while it agrees with the BART alternative approach and with the emission limits themselves, it does not agree with the use of the administrative order as the enforceable mechanism of the proposed SIP
revision. Domtar requested that the portion of its New Source Review NSR
permit containing the regional haze requirements be included in the proposed SIP revision as the enforceable mechanism instead of the administrative order. DEQ addressed Domtars request in April 2019 by proposing a supplemental SIP revision to the October 2018 proposal. The supplemental SIP revision proposal replaced the administrative order with the incorporation of certain provisions of Domtars revised NSR permit into the SIP as the enforceable mechanism for Domtars regional haze requirements.
On August 1, 2019, DEQ issued a final minor permit modification letter to Domtar,43 which included enforceable emission limitations and compliance schedules for the BART alternative.
DEQ submitted its third corrective regional haze SIP submittal to the EPA
on August 13, 2019, which is the subject of this final action the Arkansas Regional Haze Phase III SIP revision.
The Phase III SIP revision includes Domtars BART alternative approach and revises all of the prior BART
determinations for Power Boilers No. 1
and 2 at the Ashdown Mill. The Phase III SIP submittal also incorporates plantwide provisions from the August 1, 2019, permit including emission limits and conditions for implementing the BART alternative.44 With final approval the FIP that are currently being held in abeyance, State of Arkansas v. EPA, No. 164270 8th Cir..
43 See DEQ Air permit 0287AOPR22 effective August 1, 2019 included as part of the Phase III
submittal and is included in the docket of this action.
44 See DEQ Air permit 0287AOPR22, Section VI, Plantwide Conditions 32 to 43. The Regional Haze Program BART Alternative Specific Conditions portion of the Plantwide Conditions section of the permit states the following: For compliance with the CAA Regional Haze Programs requirements for the first planning period, the No.
1 and 2 Power Boilers are subject-to-BART
alternative measures consistent with 40 CFR 51.308.
The terms and conditions of the BART alternative measures are to be submitted to EPA for approval as part of the Arkansas SIP. Upon initial EPA
approval of the permit into the SIP, the permittee shall continue to be subject to the conditions as approved into the SIP even if the conditions are revised as part of a permit amendment until such
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of the Arkansas Regional Haze Phase III
SIP revision in this action, DEQ now has a fully-approved regional haze SIP for the first implementation period. The Arkansas Regional Haze NOX SIP
revision Phase I SIP,45 the Arkansas Regional Haze SO2 and PM SIP revision Phase II SIP,46 and the Arkansas Regional Haze Phase III SIP revision together fully address all deficiencies of the 2008 Arkansas Regional Haze SIP
that EPA previously identified in the March 12, 2012 partial approval/partial disapproval action.47
H. Arkansas Visibility Transport We are also addressing the interstate visibility transport element required under CAA section 110a2DiII in this final action from multiple SIP
revisions for several NAAQS. Sections 110a1 and 2 of the CAA direct each state to develop and submit to the EPA
a SIP that provides for the implementation, maintenance, and enforcement of a new or revised NAAQS.48 This type of SIP submission is referred to as an infrastructure SIP.
Section 110a1 provides the timing and procedural requirements for infrastructure SIPs. Specifically, each state is required to make a new SIP
submission within three years after promulgation of a new or revised primary or secondary NAAQS. Section 110a2 lists the substantive elements that states must address for infrastructure SIPs to be approved by the EPA. Section 110a2Di includes four distinct elements related to interstate transport of air pollution, commonly referred to as prongs, that must be addressed in infrastructure SIP
submissions. The first two prongs are codified in section 110a2DiI and the third and fourth prongs are codified in section 110a2DiII. These four prongs prohibit any source or type of emission activities in one state from:
time as the EPA approves any revised conditions into the SIP. The permittee shall remain subject to both the initial SIP-approved conditions and the revised conditions, until EPA approves the revised conditions.
45 See final action approved on February 12, 2018
83 FR 5927.
46 See final action approved on September 27, 2019 84 FR 51033 and the proposed approval on November 30, 2018 83 FR 62204.
47 The Arkansas Regional Haze Phase III SIP
submittal did not revise any aspects of the previous Phase I or II SIP revisions.
48 See the final rules promulgating the revised NAAQS: 71 FR 61144 October 17, 2006; 77 FR
50033 August 20, 2012; 80 FR 11573 March 4, 2015; 80 FR 38419 July 6, 2015; 78 FR 53269
August 29, 2013; 73 FR 16436 March 27, 2008.
81 FR 74504 October 26, 2016; 75 FR 35520 June 22, 2010; 75 FR 6474 February 9, 2010; and 78
FR 3086 January 15, 2013.

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