Federal Register - March 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
therefore, finalize approval of the emission limits and schedules of compliance long-term strategy element under 40 CFR 51.308d3v3
pertaining to the Domtar Ashdown Mill in the August 13, 2019, submittal. With the final approval of the BART
alternative requirements for the Domtar Ashdown Mill being addressed in this action, DEQ has satisfied all long-term strategy requirements under 40 CFR
51.308d3, as pertains to the first planning period for regional haze. We agree with DEQs determination that the revised 2018 RPGs in the Phase II action do not need to be revised further. We finalize approval of the States withdrawal of the current PM10 BART
determination of 0.07 lb/MMBtu for Power Boiler No. 1 in the 2008 Arkansas Regional Haze SIP, and approve its replacement with the PM10 BART
alternative limit in the Arkansas Regional Haze Phase III SIP submittal.
We finalize approval of Arkansas consultation with FLMs and Missouri and finalize our determination that the SIP submittal satisfies the consultation requirements under 40 CFR 51.308i2
and 40 CFR 51.308d3i.
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B. Arkansas Visibility Transport We finalize approval of the portion of the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision submitted October 4, 2019 addressing CAA
section 110a2DiII prong 4
visibility transport for the following six NAAQS: 2006 24-hour PM2.5 NAAQS;
the 2012 annual PM2.5 NAAQS; the 2008
and 2015 eight-hour O3 NAAQS; the 2010 one-hour NO2 NAAQS; and the 2010 one-hour SO2 NAAQS. We also finalize approval of the visibility transport portion of the 2018 Phase II
SIP revision, as supplemented by the Arkansas 2015 O3 NAAQS Interstate Transport SIP revision. The States analysis in the Arkansas 2015 O3
NAAQS Interstate Transport SIP
supersedes the visibility transport portion of the 2017 infrastructure SIP.
We finalize approval of the prong 4
portions of these SIP submittals on the basis that Arkansas has a fully-approved regional haze SIP with our final approval of the Arkansas Regional Haze Phase III SIP submittal. The Arkansas Regional Haze NOX SIP revision,144 the Arkansas Regional Haze SO2 and PM
SIP revision,145 and the Arkansas Regional Haze Phase III SIP revision together fully address the deficiencies of 144 Final action approved on February 12, 2018
83 FR 5927.
145 See 83 FR 62204 November 30, 2018 for proposed approval and 84 FR 51033 September 27, 2019 for final approval.
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the 2008 Arkansas Regional Haze SIP
that were identified in the March 12, 2012 partial approval/partial disapproval action. Arkansas has a fully-approved regional haze SIP
comprised of the portion of the 2008
Arkansas Regional Haze SIP approved in our 2012 final action, the Arkansas Regional Haze NOX SIP revision, the Arkansas Regional Haze SO2 and PM
SIP revision, and the Arkansas Regional Haze Phase III SIP revision. A fullyapproved regional haze plan ensures that emissions from Arkansas sources do not interfere with measures required to be included in another air agencies plans to protect visibility. As an alternative basis for approval of CAA
section 110a2DiII prong 4 for these NAAQS, we finalize a determination that Arkansas has provided an adequate demonstration in the October 4, 2019 submittal showing that emissions within its jurisdiction do not interfere with other air agencies plans to protect visibility.
C. CAA Section 110l We finalize our determination that approval of the Arkansas Regional Haze Phase III SIP revision and concurrent withdrawal of the corresponding parts of the FIP meet the provisions of CAA
section 110l.
V. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of revisions to the Arkansas source specific requirements as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov a 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 EPA for inclusion in the SIP, have been incorporated by reference by 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 EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.
VI. 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;
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40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs role is to approve state choices, provided that they meet the requirements 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, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides
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