[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Rules and Regulations]
[Pages 17680-17683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9554]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AR-2-1-5646a; FRL-5990-9]
Approval and Promulgation of Implementation Plans; Arkansas;
Recodification of Air Quality Control Regulations and Correction of
Sulfur Dioxide Enforceability Deficiencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves Arkansas Department of Pollution Control
and Ecology (ADPC&E) Regulation #19, as adopted by the Arkansas
Commission on Pollution Control and Ecology (Commission) on July 24,
1992, as a revision to the Arkansas State Implementation Plan (SIP).
Regulation #19, ``Compilation of Regulations of the Arkansas State
Implementation Plan for Air Pollution Control,'' replaces the air
quality control regulations formerly in the ``Regulations of the
Arkansas Plan of Implementation for Air Pollution Control''
(Regulations of the Plan), in the ``Prevention of Significant
Deterioration Supplement to the Regulations of the Arkansas Plan of
Implementation for Air Pollution Control,'' (PSD Regulations), and in
the ``Regulations for the Control of Volatile Organic Compounds'' (VOC
Regulations). Regulation #19 also corrects sulfur dioxide
(SO2) enforceability deficiencies in the Arkansas SIP. The
effect of this action is to approve all sections of Regulation #19,
except Section 19.8, into the Arkansas SIP.
DATES: This action is effective on June 9, 1998, unless adverse or
critical comments are received by May 11, 1998. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of the State submittal and the EPA
Evaluation Report are available for public inspection during normal
business hours at the following locations. Anyone wanting to examine
these documents should make an appointment with the appropriate office
at least two working days in advance.
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Arkansas Department of Pollution Control and Ecology, Division of
Air Pollution Control, 8001 National Drive, P.O. Box 8913, Little Rock,
Arkansas 72219-8913.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460.
FOR FURTHER INFORMATION CONTACT: Bill Deese of the EPA Region 6 Air
Planning Section at (214) 665-7253 at the address above.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA required the State of Arkansas to correct enforceability
deficiencies in its SO2 regulations and to correct
continuous emission monitoring requirements in its Plan for Designated
Facilities and Pollutants (111(d) Plan) for total reduced sulfur from
kraft pulp mills. Since the compilation of the existing State air
quality control regulations was somewhat confusing, the State decided
to combine the federally approved air quality control regulations into
a single Regulation #19. The State also decided to delete obsolete
materials and update the regulations in the Regulations of the Plan.
The EPA was supportive of the State making these revisions.
The Governor of Arkansas submitted Regulation #19, as adopted by
the Commission on July 24, 1992, to EPA on September 14, 1992, as a
revision to the Arkansas SIP. A public hearing on Regulation #19 was
held on May 28, 1992, in Little Rock, Arkansas.
Sections 19.1 through 19.7 of Regulation #19 replace the SIP-
approved regulations found in the Regulations of the Plan. Sections
19.9 and 19.10 are recodifications of the SIP-approved PSD Regulations
and the SIP-approved VOC Regulations respectively.
Section 19.8, 111(d) Designated Facilities, is a revision to the
State 111(d) Plan and is being acted upon in a separate Federal
Register action.
II. SO2 Enforceability Deficiencies Corrections
A nation-wide effort was undertaken to have SO2
enforceability deficiencies identified and corrected in SIPs before
operating permit programs become effective. Because the operating
permit programs will initially codify underlying SIP requirements, it
is important that the underlying SIP is enforceable so that permits
themselves will be enforceable.
The EPA Region 6 Office used the ``SO2 SIP
Enforceability Checklist'' to review the Arkansas regulations for
SO2 to prepare a list of enforceability deficiencies in the
Arkansas SIP. This checklist was included as an attachment to a
November 28, 1990, memorandum from the EPA Office of Air Quality
Planning and Standards to the EPA Regional Offices Air Branch Chiefs.
The checklist focused on the following topics: clarity, averaging times
consistent with protection of the SO2 National Ambient Air
Quality Standards (NAAQS), clear compliance determinations, continuous
emissions monitoring, adequate reporting and recordkeeping
requirements, director's discretion issues, and stack height issues.
These deficiencies in the Arkansas SIP have been corrected in
Sections 19.3 and 19.7 in Regulation #19.
Arkansas currently is attainment statewide for the SO2
NAAQS.
III. Organization of Regulation #19
Regulation #19 is organized as follows:
Section 19.1 Title & Purpose
Section 19.2 Definitions
Section 19.3 Protection of the National Ambient Air Quality
Standards
Section 19.4 Permits
Section 19.5 General Emissions Limitations Applicable to Equipment
Section 19.6 Upset Conditions, Revised Emissions Limitations
Section 19.7 Sampling, Monitoring, and Reporting Requirements
Section 19.8 111(d) Designated Facilities
Section 19.9 Prevention of Significant Deterioration Supplement
Section 19.10 Regulations for the Control of Volatile Organic
Compounds
IV. Review of Regulation #19
A brief discussion of each section of Regulation #19 is given
below. A more detailed review of some sections is given in the EPA
Evaluation Report.
[[Page 17681]]
A. Section 19.1 Title & Purpose
Section 19.1, Title & Purpose, replaces Sections 1, Title; Section
2, Purpose; Section 9, Severability; and Section 10, Effective Date, of
the Regulations of the Plan. Two new sections have been added: Section
19.1(c), Format, and Section 19.1(d), Applicability. According to
Section 19.1(d), the regulations in Regulation #19 `` * * * are
applicable to only those sources that are required to be regulated
under the Federal Clean Air Act.''
The first sentence in Section 19.1(a) states that Regulation #19
shall be referred `` * * * to as the `Regulations of the Plan,' the
`Plan,' the `State Implementation Plan,' the `SIP,' and `Regulation
#19.' '' Regulation #19 is not the entire plan (i.e., the Arkansas
SIP). The SIP-approved regulations are only one element of the State
plan. Also, Regulation #19 does not contain all of the Arkansas SIP-
approved regulations.
B. Section 19.2 Definitions
Section 19.2, Definitions, replaces Section 3, Definitions, in the
Regulations of the Plan.
Definitions of the following terms are identical to the SIP-
approved definitions in the Regulations of the Plan: Commission,
Director, Stack, Flue, Existing equipment, New equipment, Construction,
Major modification, Emission limitation, Emission standard, Particulate
matter, Particulate matter emissions, PM10, PM10
emissions, and Total suspended particulate.
The definitions of the following terms have been revised:
Department, Equipment, Opacity, Modification, National Ambient Air
Quality Standard, and Potential to emit.
The stack heights definitions required by section 123 of the Act
have been moved to Section 19.5(d) where the stack height definitions
found in 40 CFR 51.100 are incorporated by reference.
The following definitions have been deleted: Arkansas Air Pollution
Control Code, Equipment used in a manufacturing process, Incinerator,
Potential emission rate, Smoke, Standard smoke chart, Standard
conditions, and Air quality increment. Deleted definitions are not
required under the Federal Clean Air Act (the Act) or implementing
regulations. Therefore deletions are considered clarifications for
purposes of recodification.
Definitions of the following terms have been added: Air
contaminant, EPA, Regulated air pollutant, Secondary Emissions,
Stationary source, and Uncontrolled potential to emit. A definition of
Upset condition has been added in Section 19.6 of Regulation #19. The
added definitions are clarifications.
Terms are also defined in Sections 19.9 and 19.10.
C. Section 19.3 Protection of the National Ambient Air Quality
Standards
Section 19.3 gives, in general terms, the responsibilities of the
ADPC&E and of regulated sources in meeting and maintaining the NAAQS
found in 40 CFR 50.
D. Section 19.4 Permits
Section 19.4, Permits, is almost identical to the SIP-approved
Section 4, Permits, of the Regulations of the Plan. Section 4 of the
Regulations of the Plan was approved by EPA on October 5, 1976 (41 FR
43904), with the original Regulations of the Plan. The only revision to
Section 4 was approved by EPA on May 1, 1989 (54 FR 18494).
E. Section 19.5 General Emissions Limitations Applicable to Equipment
Section 19.5 replaces emission limitations in Section 5 and Section
8 of the Regulations of the Plan.
Section 19.5(c) is the visible emissions regulations from Sections
8(d) and 8(e) of the Regulations of the Plan.
Section 19.5(d) incorporates by reference the Federal stack height
provisions of 40 CFR 51.118 and the Federal stack height definitions
contained in 40 CFR 51.100(ff) through (kk).
The most obvious difference between Regulation #19 and the
regulations it replaces is the deletion of the compliance schedules in
Section 8(f) of the Regulations of the Plan. These compliance schedules
are for particulate matter emission limits for specific units at
sources. They were added to meet the compliance schedules requirements
of 40 CFR 51. These emission limits are no longer required to be in the
SIP regulations. The units that still exist are now covered by permits.
Figure 5(b) in the Regulations of the Plan, a graph showing
Allowable Particulate versus Process Weight Rate, has been deleted
because the figure is outdated and is no longer used by the State.
F. Section 19.6 Upset Conditions, Revised Emissions Limitations
Section 19.6 replaces Section 6, Upset Conditions, Revised
Emissions Limitations, in the Regulations of the Plan. This section
explains how the State will handle sources exceeding the emission
limits established in the SIP-approved regulations.
G. Section 19.7 Sampling, Monitoring, and Reporting Requirements
Section 19.7 replaces Section 7, Sampling and Monitoring
Requirements, in the Regulations of the Plan. In Section 19.7, the
State strengthened the regulation by correcting enforceability
deficiencies.
H. Section 19.8 111(d) Designated Facilities
Section 19.8 replaces Section 8.1, Designated Facilities, in the
Regulations of the Plan. Section 8.1 was added to the Regulations of
the Plan to meet the requirements of section 111(d) of the Act as
implemented in 40 CFR 60 subpart B and 40 CFR 62. Section 8.1 was
approved by EPA as part of the Arkansas 111(d) Plan on May 12, 1982 (47
FR 20490). Revisions to Section 8.1 and the State 111(d) Plan were
approved by EPA on September 12, 1984, and November 10, 1986. The
status of the Arkansas 111(d) Plan is given in 40 CFR 62 subpart E. No
part of Section 8.1 has ever been approved as part of the Arkansas SIP.
The EPA is taking action on Section 19.8 as a revision to the
Arkansas 111(d) Plan in a separate Federal Register action.
I. Section 19.9 Prevention of Significant Deterioration Supplement
Section 19.9 is almost identical to the PSD Regulations last
adopted by the State on May 25, 1990, and approved by EPA in the
Federal Register on May 2, 1991 (56 FR 20137). The State incorporates
by reference, with exceptions, the Federal PSD regulations in 40 CFR
52.24 as in effect June 28, 1989. The status of the Arkansas PSD
Regulations in the Arkansas SIP is given in 40 CFR 52.181.
J. Section 19.10 Regulations for the Control of Volatile Organic
Compounds
1. Background of the Arkansas VOC Regulations
A Federal Register action published March 3, 1978 (43 FR 08962),
determined that Pulaski County, Arkansas, did not meet the ambient
ozone monitoring requirements and was classified as nonattainment for
ozone. The VOC Regulations, first adopted by the Commission on March
23, 1979, were an element of a plan the State developed for reducing
ozone levels in Pulaski County. The regulations were conditionally
approved by EPA on January 29, 1980 (45 FR 06569).
[[Page 17682]]
Revisions to the regulations were approved by EPA on: August 15, 1980
(45 FR 54336), August 27, 1981 (46 FR 43146), ctober 13, 1981 (46 FR
50370), and February 8, 1983 (48 FR O5772). These VOC regulations
enabled Pulaski County to be redesignated to attainment for ozone on
September 26, 1984 (49 FR 37753). The Arkansas VOC Regulations apply
only to Pulaski County, Arkansas.
2. Section 19.10 Recodification of the VOC Regulations
The only significant change between Section 19.10 and the SIP-
approved VOC Regulations is that the term ``photochemical oxidant'' has
been replaced with the word ``ozone''. The EPA originally promulgated
the standard for photochemical oxidant rather than ozone. The EPA
changed the chemical designation of the standard from photochemical
oxidant to ozone on February 8, 1979 (44 FR 8202). The EPA approves of
the State changing the term ``photochemical oxidant'' to ``ozone'' in
this regulation. Other changes are only minor changes.
V. Final Action
The EPA is approving all sections, except Section 19.8, of ADPC&E
Regulation #19, ``Compilation of Regulations of the Arkansas State
Implementation Plan for Air Pollution Control,'' as adopted by the
Arkansas Commission on Pollution Control and Ecology on July 24, 1992,
effective August 30, 1992, and submitted by the Governor on September
14, 1992, as a revision to the Arkansas SIP. Regulation #19 replaces
the federally approved air quality control regulations formerly in the
``Regulations of the Arkansas Plan of Implementation for Air Pollution
Control,'' the ``Prevention of Significant Deterioration Supplement to
the Regulations of the Arkansas Plan of Implementation for Air
Pollution Control,'' and the ``Regulations for the Control of Volatile
Organic Compounds.''
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective June 9,
1998 without further notice unless the Agency receives relevant adverse
comments by May 11, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 9, 1998 and no further action will be
taken on the proposed rule.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
VI. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget has exempted this regulatory
action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
The SIP approvals under section 110 and subchapter I, part D of the
Act do not create any new requirements but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-State relationship under the Act,
preparation of a flexibility analysis would constitute Federal inquiry
into the economic reasonableness of State action. The Act forbids EPA
to base its actions concerning SIPs on such grounds. See Union Electric
Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to private sector, of $100
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
preexisting requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Audit Privilege and Immunity Law
Nothing in this action should be construed as making any
determination or expressing any position regarding Arkansas' audit
privilege and immunity law (Arkansas Statutes Annotated Section 8-1-301
et seq. (1997)). The EPA will be reviewing the effect of the Arkansas
audit privilege and immunity law on various Arkansas environmental
programs, including those under the Act, and taking appropriate
action(s), if any, after thorough analysis and opportunity for Arkansas
to state and explain its views and positions on the issues raised by
the law. The action taken herein does not express or imply any
viewpoint on the question of whether there are legal deficiencies in
this or any Arkansas program resulting from the effect of the audit
privilege and immunity law. As a consequence of the review process, the
regulations subject to the action taken herein may be disapproved,
Federal approval may be withdrawn, or other appropriate action may be
taken, as necessary.
E. Submission to Congress and the Comptroller General
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 that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General
[[Page 17683]]
of the United States. The EPA will submit a report containing this rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
F. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 9, 1998. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule action.
This action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 26, 1998.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
2. Section 52.170 is amended by adding paragraph (c)(29) to read as
follows:
Sec. 52.170 Identification of plan.
* * * * *
(c) * * *
(29) Revisions to the Arkansas State Implementation Plan submitted
by the Governor on September 14, 1992.
(i) Incorporation by reference.
(A) Arkansas Department of Pollution Control and Ecology (ADPC&E)
Minute Order No. 92-55 passed July 24, 1992.
(B) ADPC&E Regulation #19, ``Compilation of Regulations of the
Arkansas State Implementation Plan for Air Pollution Control,'' except
Section 19.8, as adopted by the Arkansas Commission on Pollution
Control and Ecology on July 24, 1992, effective August 30, 1992.
(ii) Additional materials. None.
3. Section 52.181 is amended by revising paragraph (a) to read as
follows:
Sec. 52.181 Significant deterioration of air quality.
(a) The plan submitted by the Governor of Arkansas on April 23,
1981 (as adopted by the Arkansas Commission on Pollution Control and
Ecology (ACPCE) on April 10, 1981), June 3, 1988 (as revised and
adopted by the ACPCE on March 25, 1988), and June 19, 1990 (as revised
and adopted by the ACPCE on May 25, 1990), Prevention of Significant
Deterioration (PSD) Supplement Arkansas Plan of Implementation for Air
Pollution Control, as recodified in Regulation #19, Section 19.9,
Prevention of Significant Deterioration Supplement, submitted by the
Governor on September 14, 1992 (as adopted by the ACPCE on July 24,
1992), is approved as meeting the requirements of part C of the Clean
Air Act for preventing significant deterioration of air quality.
* * * * *
[FR Doc. 98-9554 Filed 4-9-98; 8:45 am]
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