Rule2022-18179
National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Arkansas
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2022
Effective
September 28, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) has submitted updated regulations for receiving delegation and approval of its program for the implementation and enforcement of certain National Emission Standards for Hazardous Air Pollutants (NESHAP) promulgated under the Clean Air Act (CAA), as provided for under the delegation mechanism previously approved by the Environmental Protection Agency (EPA). The EPA is approving DEQ's requested update of its NESHAP delegation. The delegation will only encompass sources subject to one or more Federal section 112 standards which are also subject to the requirements of the Title V operating permits program. The updated State regulations regard certain NESHAP, as they existed through July 31, 2020. The EPA is providing notice that it is taking final action to approve the delegation of certain NESHAP to DEQ.
Full Text
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[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52692-52698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18179]
[[Page 52692]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R06-OAR-2021-0661; FRL-9262-02-R6]
National Emission Standards for Hazardous Air Pollutants;
Delegation of Authority to Arkansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; delegation of authority.
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SUMMARY: The Arkansas Department of Energy and Environment, Division of
Environmental Quality (DEQ) has submitted updated regulations for
receiving delegation and approval of its program for the implementation
and enforcement of certain National Emission Standards for Hazardous
Air Pollutants (NESHAP) promulgated under the Clean Air Act (CAA), as
provided for under the delegation mechanism previously approved by the
Environmental Protection Agency (EPA). The EPA is approving DEQ's
requested update of its NESHAP delegation. The delegation will only
encompass sources subject to one or more Federal section 112 standards
which are also subject to the requirements of the Title V operating
permits program. The updated State regulations regard certain NESHAP,
as they existed through July 31, 2020. The EPA is providing notice that
it is taking final action to approve the delegation of certain NESHAP
to DEQ.
DATES: This rule is effective on September 28, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2021-0661. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or
in hard copy at the EPA Region 6, 1201 Elm Street, Suite 500, Dallas,
Texas 75270.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett EPA Region 6 Office,
ARPE, (214) 665-7227; email: <a href="/cdn-cgi/l/email-protection#660407141403121248140f050e0714022603160748010910"><span class="__cf_email__" data-cfemail="55373427273021217b273c363d342731153025347b323a23">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. What does this action do?
III. What is the authority for delegation?
IV. What criteria must Arkansas's program meet to be approved?
V. How did DEQ meet the NESHAP program approval criteria?
VI. How are sources subject to certain listed standards going to be
handled since DEQ did not accept delegation of these standards?
VII. What is being delegated?
VIII. What is not being delegated?
IX. How will statutory and regulatory interpretations be made?
X. What information must DEQ provide to the EPA?
XI. What authority does the EPA have?
XII. Should sources submit notices to the EPA or DEQ?
XIII. How will unchanged authorities be delegated to DEQ in the
future?
XIV. Final Action
XV. Environmental Justice Considerations
XVI. Statutory and Executive Order Reviews
I. Background
The background for this action is discussed in detail in our
November 11, 2021, proposal (86 FR 66990). In that document we proposed
to approve a request from the Arkansas Department of Energy and
Environment, Division of Environmental Quality (DEQ) to update its
existing regulations for receiving delegation and approval of its
program for the implementation and enforcement of certain National
Emission Standards for Hazardous Air Pollutants (NESHAP) for part 70
sources, as provided for under previously approved delegation
mechanisms. We received no public comments on the proposed rulemaking
action, and the EPA will not be making any changes to our proposed
rulemaking.
II. What does this action do?
EPA is providing notice that it is taking final action to approve
DEQ's request updating the delegation of certain NESHAP. With this
delegation, DEQ has the primary responsibility to implement and enforce
the delegated standards. See sections VII and VIII, below, for a
discussion of which standards are being delegated and which are not
being delegated.
III. What is the authority for delegation?
Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize
the EPA to delegate authority for the implementation and enforcement of
NESHAP to a state or local agency that satisfies the statutory and
regulatory requirements in subpart E. The NESHAP are codified at 40 CFR
parts 61 and 63. This action regards the standards in 40 CFR part 63
only.
IV. What criteria must Arkansas's program meet to be approved?
Section 112(l)(5) of the CAA requires the EPA to disapprove any
program submitted by a state for the delegation of NESHAP standards if
the EPA determines that:
(A) the authorities contained in the program are not adequate to
assure compliance by the sources within the state with respect to each
applicable standard, regulation, or requirement established under
section 112;
(B) adequate authority does not exist, or adequate resources are
not available, to implement the program;
(C) the schedule for implementing the program and assuring
compliance by affected sources is not sufficiently expeditious; or
(D) the program is otherwise not in compliance with the guidance
issued by the EPA under section 112(l)(2) or is not likely to satisfy,
in whole or in part, the objectives of the CAA.
In carrying out its responsibilities under section 112(l), the EPA
promulgated regulations at 40 CFR part 63, subpart E, setting forth
criteria for the approval of submitted programs. For example, in order
to obtain approval of a program to implement and enforce Federal
section 112 rules as promulgated without changes (straight delegation),
a state must demonstrate that it meets the criteria of 40 CFR 63.91(d).
The regulations in 40 CFR 63.91(d)(3) provide that interim or final
Title V program approval will satisfy the criteria of 40 CFR
63.91(d).\1\
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\1\ Some NESHAP standards do not require a source to obtain a
title V permit (e.g., certain area sources that are exempt from the
requirement to obtain a title V permit). For these non-title V
sources, the EPA believes that the State must assure the EPA that it
can implement and enforce the NESHAP for such sources. See 65 FR
55810, 55813 (Sept. 14, 2000).
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The NESHAP delegation for Arkansas, as it applies to Title V
sources, was most recently approved on November 12, 2014 (79 FR 6707).
V. How did DEQ meet the NESHAP program approval criteria?
The EPA granted final interim approval for the Arkansas Operating
Permit Program under part 70 in a rulemaking published September 8,
1995. 60 FR 46771. In the Federal Register proposed interim approval of
the Arkansas Operating Permit Program, the EPA discussed the delegation
of unchanged part 63 standards as they
[[Page 52693]]
apply to part 70 sources and noted that Arkansas plans to use the
mechanism of incorporation by reference to adopt unchanged part 63
standards into its regulations. See 59 FR 47828, 47830 (September 19,
1994). In an October 9, 2001, rulemaking, the EPA took final action to
fully approve the Arkansas Operating Permit Program. 66 FR 51312. In
accordance with 40 CFR 63.91(d), the up-front approval criteria for
delegation of unchanged part 63 standards as requested by DEQ have been
met. However, the EPA's October 9, 2001, Federal Register final
approval failed to discuss the mechanism associated with delegation of
the part 63 standards for sources subject to the part 70 permitting
program. As discussed above, sources subject to the part 70 program are
those sources that are operating pursuant to a part 70 permit issued by
the state, local agency, or the EPA. Sources not subject to the part 70
program are those sources that are not required to obtain a part 70
permit from either the state, local agency, or the EPA (see 40 CFR
70.3); e.g., exempted area sources. As stated above, the CAA section
112(l) requirements for approval of the Arkansas program for straight
delegation were satisfied when the EPA granted approval of the Arkansas
Operating Permit Program. The EPA's approval also met the up-front
criteria set forth in 40 CFR 63.91(d).
Since DEQ implements and enforces unchanged part 63 standards
(``straight delegation'') through its EPA-approved Title V Operating
Permit Program, EPA addressed several issues to ensure the requirements
for delegation under CAA section 112(l) and 40 CFR part 63, subpart E,
were met. A Memorandum of Agreement (MOA), dated September 17, 2014,
was executed by the State and the EPA, a copy of which has been
included in the docket for this rulemaking. See also 65 FR 55813
(September 14, 2000) and 79 FR 67073 (November 12, 2014). DEQ
implements and enforces part 63 standards applicable to Title V sources
required to obtain a part 70 permit by including the applicable part 63
standards in Title V operating permits, in accordance with the
procedures set forth in the MOA. The permit must be effective prior to
the first substantial compliance date for all future new and revised
part 63 standards, unless DEQ has notified the EPA in advance that it
does not intend to accept delegation for implementation or enforcement,
as discussed in the MOA referenced above. Adequate resources will be
obtained through monies from the State's Title V program that can be
used to fund acceptable Title V activities. Upon promulgation of a new
or revised part 63 standard, DEQ will immediately begin activities
necessary for timely implementation of the standard. These activities
will involve identifying sources subject to the applicable requirements
and notifying these sources of the applicable requirements. Nothing in
the Arkansas program for straight delegation is contrary to Federal
guidance.
Under 40 CFR 63.91(d)(2), once a state has satisfied the up-front
approval criteria, it needs only to reference the previous
demonstration and reaffirm that it still meets the criteria for any
subsequent submittals for delegation of the section 112 standards. As
stated in its October 27, 2021, supplemental letter, DEQ has affirmed
that it still meets the up-front approval criteria and referenced the
previous demonstration.
VI. How are sources subject to certain listed standards going to be
handled since DEQ did not accept delegation of these standards?
In its June 7, 2010, request for delegation of authority and
approval of the mechanism used to implement and enforce the delegated
part 63 standards, Arkansas noted that it was not requesting delegation
of part 63 standards for area sources not required to obtain a Title V
(part 70) permit. Arkansas also noted that it was not requesting
delegation of the accidental release requirements under CAA section
112(r). Since DEQ is not accepting delegation of these standards, the
EPA will be the primary enforcement authority for those standards.
However, these undelegated part 63 standards remain requirements of the
sources subject to these standards; therefore, DEQ must ensure that the
applicable part 63 standards are included in the appropriate federally
enforceable permit for subject sources, and sources subject to these
standards must continue to comply with their requirements.
VII. What is being delegated?
By letter dated September 28, 2020, and supplemental letters dated
June 29, 2021, and October 27, 2021, the EPA received requests from DEQ
to update its existing NESHAP delegation. With certain exceptions noted
in section VIII of this document, DEQ's request includes certain NESHAP
promulgated by the EPA at 40 CFR part 63, as amended between September
17, 2014, and July 31, 2020. More specifically, DEQ is requesting to
update its delegation and approval to implement and enforce 40 CFR part
63 standards as they apply to part 70 major sources, and only to those
area sources subject to the Title V (part 70) permitting requirements.
VIII. What is not being delegated?
DEQ has not requested, nor is this rulemaking, delegating the
enforcement and implementation of 40 CFR part 63 standards to DEQ that
would apply to area sources which do not require a Title V (part 70)
permit. In addition, the EPA regulations provide that we cannot
delegate to a State any of the Category II, subpart A, authorities set
forth in 40 CFR 63.91(g)(2). These include the following provisions:
Sec. 63.6(g), Approval of Alternative Non-Opacity Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods;
Sec. 63.8(f), Approval of Major Alternatives to Monitoring; and Sec.
63.10(f), Approval of Major Alternatives to Recordkeeping and
Reporting. In addition, some part 63 standards have certain provisions
that cannot be delegated to the States. Furthermore, no authorities are
being delegated that require rulemaking in the Federal Register to
implement, or where Federal overview is the only way to ensure national
consistency in the application of the standards or requirements of CAA
section 112. Finally, this action does not delegate any authority under
section 112(r), the accidental release program.
All inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of Arkansas should
be directed to the EPA Region 6 Office.
The EPA is making a determination that the NESHAP program submitted
by Arkansas meets the applicable requirements of CAA section 112(l)(5)
and 40 CFR part 63, subpart E.
IX. How will statutory and regulatory interpretations be made?
In approving the NESHAP delegation, DEQ will obtain concurrence
from the EPA on any matter involving the interpretation of section 112
of the CAA or 40 CFR part 63 to the extent that implementation or
enforcement of these provisions have not been covered by prior EPA
determinations or guidance.
X. What information must DEQ provide to the EPA?
[[Page 52694]]
DEQ must provide any additional compliance related information to
EPA, Region 6, Office of Enforcement and Compliance Assurance within 45
days of a request under 40 CFR 63.96(a). In receiving delegation for
specific General Provisions authorities, DEQ must submit to EPA Region
6 on a semi-annual basis, copies of determinations issued under these
authorities. See 40 CFR 63.91(g)(1)(ii). For part 63 standards, these
determinations include: Sec. 63.1, Applicability Determinations; Sec.
63.6(e), Operation and Maintenance Requirements--Responsibility for
Determining Compliance; Sec. 63.6(f), Compliance with Non-Opacity
Standards--Responsibility for Determining Compliance; Sec. 63.6(h),
Compliance with Opacity and Visible Emissions Standards--Responsibility
for Determining Compliance; Sec. 63.7(c)(2)(i) and (d), Approval of
Site-Specific Test Plans; Sec. 63.7(e)(2)(i), Approval of Minor
Alternatives to Test Methods; Sec. 63.7(e)(2)(ii) and (f), Approval of
Intermediate Alternatives to Test Methods; Sec. 63.7(e)(2)(iii),
Approval of Shorter Sampling Times and Volumes When Necessitated by
Process Variables or Other Factors; Sec. 63.7(e)(2)(iv), (h)(2) and
(3), Waiver of Performance Testing; Sec. 63.8(c)(1) and (e)(1),
Approval of Site-Specific Performance Evaluation (Monitoring) Test
Plans; Sec. 63.8(f), Approval of Minor Alternatives to Monitoring;
Sec. 63.8(f), Approval of Intermediate Alternatives to Monitoring;
Sec. Sec. 63.9 and 63.10, Approval of Adjustments to Time Periods for
Submitting Reports; Sec. 63.10(f), Approval of Minor Alternatives to
Recordkeeping and Reporting; and Sec. 63.7(a)(4), Extension of
Performance Test Deadline.
XI. What authority does the EPA have?
We retain the right, as provided by CAA section 112(l)(7) and 40
CFR 63.90(d)(2), to enforce any applicable emission standard or
requirement under section 112. In addition, the EPA may enforce any
federally approved state rule, requirement, or program under 40 CFR
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make
certain decisions under the General Provisions (subpart A) of part 63.
We are delegating to the DEQ some of these authorities, and retain
others, as explained in sections VII and VIII above. In addition, the
EPA may review and disapprove state determinations and subsequently
require corrections. See 40 CFR 63.91(g)(1)(ii). EPA also has the
authority to review DEQ's implementation and enforcement of approved
rules or programs and to withdraw approval if we find inadequate
implementation or enforcement. See 40 CFR 63.96.
Furthermore, we retain the authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Finally, we retain the authorities stated in the October 9,
2001, rulemaking, where the EPA took final action to fully approve the
Arkansas Operating Permit Program. See 66 FR 51312.
The updated 40 CFR part 63 standards being requested by DEQ are
discussed in their request letter and supplemental letters to EPA, as
noted in section VII above. A copy of each of these three letters is
included in the docket for this action. A table of the updated NESHAP
standards being requested may be found in the docket for this action.
The table also shows the authorities that cannot be delegated to any
state or local agency.
XII. Should sources submit notices to the EPA or DEQ?
For the delegated part 63 standards and authorities covered by this
final action, sources will submit all of the information required
pursuant to the general provisions and the relevant subpart(s) of the
delegated NESHAP (40 CFR part 63) directly via electronic submittal to
online EPA database portals that are specified in each rule, and also
as paper submittals to the DEQ at the following address: The Arkansas
Department of Energy and Environment, Division of Environmental
Quality, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317.
The DEQ is the primary point of contact with respect to the delegated
NESHAP. The EPA Region 6 waives the requirement that courtesy
notifications and reports for delegated standards be submitted to the
EPA in addition to DEQ in accordance with 40 CFR 63.9(a)(4)(ii) and
63.10(a)(4)(ii).\2\ For those standards and authorities not delegated
as discussed above, sources must continue to submit all appropriate
information to the EPA.
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\2\ This waiver only extends to the submission of copies of
notifications and reports; EPA does not waive the requirements in
delegated standards that require notifications and reports be
submitted to an electronic database (e.g., 40 CFR part 63, subpart
HHHHHHH).
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XIII. How will unchanged authorities be delegated to DEQ in the future?
Consistent with the EPA regulations and guidance,\3\ DEQ will only
need to periodically submit a written request to EPA, Region 6, to
update its approval of the delegation of authority to implement and
enforce new or revised part 63 standards through its approved Title V
permitting program. In such request, DEQ will reference the previous
up-front approval demonstration, reaffirm that it still meets the up-
front approval criteria, and identify the new or revised part 63
standards that will be delegated upon incorporation into Title V
permits.
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\3\ See Hazardous Air Pollutants: Amendments to the Approval of
State Programs and Delegation of Federal Authorities, Final Rule (65
FR 55810, September 14, 2000); and ``Straight Delegation Issues
Concerning Sections 111 and 112 Requirements and Title V,'' by John
S. Seitz, Director of Air Quality Planning and Standards, EPA, dated
December 10, 1993.
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The EPA will respond in writing to the request and take action in
the Federal Register to inform the public and affected sources of the
EPA's decision, indicate where source notifications and reports should
be sent, and update 40 CFR 63.99(a)(4), amending the Arkansas table of
delegated part 63 standards being implemented and enforced by DEQ.
XIV. Final Action
In this action, because DEQ's request meets all requirements of CAA
section 112(l) and 40 CFR 63.91, the EPA is approving their request for
the updated delegation and the continued approval of the mechanism used
to implement and enforce certain part 63 standards applicable to
sources required to obtain a Title V (part 70) permit, as they existed
though July 31, 2020.
As for the part 63 standards which have not yet been incorporated
into permits, DEQ's authority to implement and enforce new and revised
part 63 standards under this delegation becomes effective when this
action is finalized, and after the issuance of the appropriate
federally enforceable permit containing those standards. DEQ's
authority to implement and enforce new and revised part 63 standards
under this delegation will become effective according to the procedures
outlined in the MOA, a copy of which is included in the docket for this
rulemaking.
Nothing in this action should be construed as permitting, allowing,
or establishing a precedent for any future request for revision to the
approved delegation. Each request for revision to the approved
delegation shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
XV. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects''
[[Page 52695]]
of their actions on minority populations and low-income populations to
the greatest extent practicable and permitted by law. The EPA defines
environmental justice (EJ) as ``the fair treatment and meaningful
involvement of all people regardless of race, color, national origin,
or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.'' The EPA
further defines the term fair treatment to mean that ``no group of
people should bear a disproportionate burden of environmental harms and
risks, including those resulting from the negative environmental
consequences of industrial, governmental, and commercial operations or
programs and policies.'' \4\ EPA is providing additional analysis of
environmental justice associated with this action. We are doing so for
the purpose of providing information to the public, not as a basis of
our final action.
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\4\ <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
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EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within
Arkansas.\5\ The EPA then compared the data to the national average for
each of the demographic groups.\6\ The results of the demographic
analysis indicate that, for populations within Arkansas, the percent
people of color (persons who reported their race as a category other
than White alone (not Hispanic or Latino)) is less than the national
average (28.7 percent versus 40.7 percent). Within people of color, the
percent of the population that is Black or African American alone is
higher than the national average (15.7 percent versus 13.6 percent) and
the percent of the population that is American Indian/Alaska Native is
lower than the national average (1.0 percent versus 1.3 percent). The
percent of the population that is two or more races is lower than the
national averages (2.3 percent versus 2.9 percent). The percent of
people living below the poverty level in Arkansas is higher than the
national average (15.2 percent versus 11.4 percent). The percent of
people over 25 with a high school diploma in Arkansas is similar to the
national average (87.2 percent versus 88.5 percent), while the percent
with a Bachelor's degree or higher is below the national average (23.8
percent versus 32.9 percent). These populations and others residing in
Arkansas may be vulnerable and subject to disproportionate impacts
within the meaning of the Executive order described above.
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\5\ See the United States Census Bureau's QuickFacts on Arkansas
at <a href="https://www.census.gov/quickfacts/fact/table/AR,US/PST045221">https://www.census.gov/quickfacts/fact/table/AR,US/PST045221</a>.
\6\ See the United States Census Bureau's QuickFacts on Arkansas
at <a href="https://www.census.gov/quickfacts/fact/table/AR,US/PST045221">https://www.census.gov/quickfacts/fact/table/AR,US/PST045221</a>.
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The authorities contained in the Arkansas air program to implement
and enforce Federal section 112 rules as promulgated, without changes
for both part 70 major sources and those area sources subject to Title
V (part 70) permitting requirements, are adequate to assure compliance
by sources within the State with respect to each applicable standard,
regulation, or requirement established under section 112. This final
action approves the requests from the State to update its NESHAP
delegation under section 112 of the CAA. Final approval of the updated
NESHAP delegation is necessary for the State of Arkansas to implement
Federal requirements that ensure control strategies and permitting that
will achieve emissions reductions and contribute to reduced
environmental and health impacts on those residing, working, attending
school, or otherwise present in vulnerable communities in Arkansas.
This final rule is not anticipated to have disproportionately high or
adverse human health or environmental effects on communities with
environmental justice concerns because it should not result in or
contribute to emissions increases in Arkansas.
XVI. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to approve
section 112(l) submissions that comply with the provisions of the Act
and applicable Federal regulations. In reviewing section 112(l)
submissions, the EPA's role is to approve state choices, provided that
they meet the criteria and objectives of the CAA and of the EPA's
implementing regulations. Accordingly, this final action merely
approves the State's request as meeting Federal requirements and does
not impose additional requirements beyond those imposed by State law.
For that reason, this final action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) 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
<bullet> 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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 28, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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 or 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 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq
[[Page 52696]]
Dated: August 18, 2022.
David Garcia,
Director, Air & Radiation Division, Region 6.
For the reasons stated in the preamble, 40 CFR part 63 is amended
as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Approval of State Programs and Delegation of Federal
Authorities
0
2. Section 63.99 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(4) Arkansas. The following table lists the specific standards
under this part that have been delegated unchanged to the Arkansas
Department of Energy and Environment, Division of Environmental Quality
(DEQ) for all sources subject to the Arkansas Title V operating permit
program approved by EPA under section 502 of the Clean Air Act. The
``X'' symbol is used to indicate each subpart that has been delegated.
The delegations are subject to all of the conditions and limitations
set forth in Federal law, regulations, policy, guidance,
determinations, and the Memorandum of Agreement, dated September 17,
2014, entered into between the DEQ and the U.S. Environmental
Protection Agency, Region 6 (hereinafter ``EPA'') regarding section
112, Clean Air Act Implementation. Some authorities cannot be delegated
and are retained by the EPA. These include certain General Provisions
authorities and specific parts of some standards. DEQ's authority to
implement and enforce a delegated standard under this part is effective
when the standard is incorporated into the source's Title V Operating
Permit. Any amendments made to these rules after July 21, 2020, are not
delegated.
Delegation Status for Part 63 Standards--State of Arkansas \1\
------------------------------------------------------------------------
Subpart Source category DEQ \2\
------------------------------------------------------------------------
A.......................... General Provisions........ X
F.......................... Hazardous Organic NESHAP X
(HON)--Synthetic Organic
Chemical Manufacturing
Industry (SOCMI).
G.......................... HON--SOCMI Process Vents, X
Storage Vessels, Transfer
Operations and Wastewater.
H.......................... HON--Equipment Leaks...... X
I.......................... HON--Certain Processes X
Negotiated Equipment Leak
Regulation.
J.......................... Polyvinyl Chloride and (\3\)
Copolymers Production.
K.......................... (Reserved)................ ...............
L.......................... Coke Oven Batteries....... X
M.......................... Perchloroethylene Dry X
Cleaning.
N.......................... Chromium Electroplating X
and Chromium Anodizing
Tanks.
O.......................... Ethylene Oxide Sterilizers X
P.......................... (Reserved)................ ...............
Q.......................... Industrial Process Cooling X
Towers.
R.......................... Gasoline Distribution..... X
S.......................... Pulp and Paper Industry... X
T.......................... Halogenated Solvent X
Cleaning.
U.......................... Group I Polymers and X
Resins.
V.......................... (Reserved)................ ...............
W.......................... Epoxy Resins Production X
and Non-Nylon Polyamides
Production.
X.......................... Secondary Lead Smelting... X
Y.......................... Marine Tank Vessel Loading X
Z.......................... (Reserved)................
AA......................... Phosphoric Acid X
Manufacturing Plants.
BB......................... Phosphate Fertilizers X
Production Plants.
CC......................... Petroleum Refineries...... X
DD......................... Off-Site Waste and X
Recovery Operations.
EE......................... Magnetic Tape X
Manufacturing.
FF......................... (Reserved)................
GG......................... Aerospace Manufacturing X
and Rework Facilities.
HH......................... Oil and Natural Gas X
Production Facilities.
II......................... Shipbuilding and Ship X
Repair Facilities.
JJ......................... Wood Furniture X
Manufacturing Operations.
KK......................... Printing and Publishing X
Industry.
LL......................... Primary Aluminum Reduction X
Plants.
MM......................... Chemical Recovery X
Combustion Sources at
Kraft, Soda, Sulfide, and
Stand-Alone Semichemical
Pulp Mills.
NN......................... Wool Fiberglass ...............
Manufacturing at Area
Sources.
OO......................... Tanks-Level 1............. X
PP......................... Containers................ X
QQ......................... Surface Impoundments...... X
RR......................... Individual Drain Systems.. X
SS......................... Closed Vent Systems, X
Control Devices, Recovery
Devices and Routing to a
Fuel Gas System or a
Process.
TT......................... Equipment Leaks--Control X
Level 1.
UU......................... Equipment Leaks--Control X
Level 2 Standards.
VV......................... Oil--Water Separators and X
Organic--Water Separators.
WW......................... Storage Vessels (Tanks)-- X
Control Level 2.
XX......................... Ethylene Manufacturing X
Process Units Heat
Exchange Systems and
Waste Operations.
YY......................... Generic Maximum Achievable X
Control Technology
Standards.
ZZ-BBB..................... (Reserved)................ ...............
[[Page 52697]]
CCC........................ Steel Pickling--HCI X
Process Facilities and
Hydrochloric Acid
Regeneration.
DDD........................ Mineral Wool Production... X
EEE........................ Hazardous Waste Combustors X
FFF........................ (Reserved)................ ...............
GGG........................ Pharmaceuticals Production X
HHH........................ Natural Gas Transmission X
and Storage Facilities.
III........................ Flexible Polyurethane Foam X
Production.
JJJ........................ Group IV Polymers and X
Resins.
KKK........................ (Reserved)................ ...............
LLL........................ Portland Cement X
Manufacturing.
MMM........................ Pesticide Active X
Ingredient Production.
NNN........................ Wool Fiberglass X
Manufacturing.
OOO........................ Amino/Phenolic Resins..... X
PPP........................ Polyether Polyols X
Production.
QQQ........................ Primary Copper Smelting... X
RRR........................ Secondary Aluminum X
Production.
SSS........................ (Reserved)................ ...............
TTT........................ Primary Lead Smelting..... X
UUU........................ Petroleum Refineries-- X
Catalytic Cracking Units,
Catalytic Reforming Units
and Sulfur Recovery
Plants.
VVV........................ Publicly Owned Treatment X
Works (POTW).
WWW........................ (Reserved)................ ...............
XXX........................ Ferroalloys Production: X
Ferromanganese and
Silicomanganese.
AAAA....................... Municipal Solid Waste X
Landfills.
CCCC....................... Nutritional Yeast X
Manufacturing.
DDDD....................... Plywood and Composite Wood \4\ X
Products.
EEEE....................... Organic Liquids X
Distribution.
FFFF....................... Misc. Organic Chemical X
Production and Processes
(MON).
GGGG....................... Solvent Extraction for X
Vegetable Oil Production.
HHHH....................... Wet Formed Fiberglass Mat X
Production.
IIII....................... Auto & Light Duty Truck X
(Surface Coating).
JJJJ....................... Paper and other Web X
(Surface Coating).
KKKK....................... Metal Can (Surface X
Coating).
MMMM....................... Misc. Metal Parts and X
Products (Surface
Coating).
NNNN....................... Surface Coating of Large X
Appliances.
OOOO....................... Fabric Printing, Coating, X
and Dyeing.
PPPP....................... Surface Coating of Plastic X
Parts and Products.
QQQQ....................... Surface Coating of Wood X
Building Products.
RRRR....................... Surface Coating of Metal X
Furniture.
SSSS....................... Surface Coating of Metal X
Coil.
TTTT....................... Leather Finishing X
Operations.
UUUU....................... Cellulose Products X
Manufacturing.
VVVV....................... Boat Manufacturing........ X
WWWW....................... Reinforced Plastic X
Composites Production.
XXXX....................... Rubber Tire Manufacturing. X
YYYY....................... Stationary Combustion X
Turbines.
ZZZZ....................... Reciprocating Internal X
Combustion Engines (RICE).
AAAAA...................... Lime Manufacturing Plants. X
BBBBB...................... Semiconductor X
Manufacturing.
CCCCC...................... Coke Ovens: Pushing, X
Quenching and Battery
Stacks.
DDDDD...................... Industrial/Commercial/ \ 5\ X
Institutional Boilers and
Process Heaters.
EEEEE...................... Iron and Steel Foundries.. X
FFFFF...................... Integrated Iron and Steel. X
GGGGG...................... Site Remediation.......... X
HHHHH...................... Miscellaneous Coating X
Manufacturing.
IIIII...................... Mercury Cell Chlor-Alkali X
Plants.
JJJJJ...................... Brick and Structural Clay \6\ X
Products Manufacturing.
KKKKK...................... Clay Ceramics \6\ X
Manufacturing.
LLLLL...................... Asphalt Roofing and X
Processing.
MMMMM...................... Flexible Polyurethane Foam X
Fabrication Operation.
NNNNN...................... Hydrochloric Acid X
Production, Fumed Silica
Production.
OOOOO...................... (Reserved)................
PPPPP...................... Engine Test Facilities.... X
QQQQQ...................... Friction Products X
Manufacturing.
RRRRR...................... Taconite Iron Ore X
Processing.
SSSSS...................... Refractory Products X
Manufacture.
TTTTT...................... Primary Magnesium Refining X
UUUUU...................... Coal and Oil-Fired \ 7\ X
Electric Utility Steam
Generating Units.
VVVVV...................... (Reserved)................ ...............
WWWWW...................... Hospital Ethylene Oxide ...............
Sterilizers.
XXXXX...................... (Reserved)................ ...............
YYYYY...................... Electric Arc Furnace X
Steelmaking Area Sources.
ZZZZZ...................... Iron and Steel Foundries ...............
Area Sources.
[[Page 52698]]
AAAAAA..................... (Reserved)................ ...............
BBBBBB..................... Gasoline Distribution Bulk ...............
Terminals, Bulk Plants,
and Pipeline Facilities.
CCCCCC..................... Gasoline Dispensing ...............
Facilities.
DDDDDD..................... Polyvinyl Chloride and ...............
Copolymers Production
Area Sources.
EEEEEE..................... Primary Copper Smelting X
Area Sources.
FFFFFF..................... Secondary Copper Smelting X
Area Sources.
GGGGGG..................... Primary Nonferrous Metals X
Area Sources: Zinc,
Cadmium, and Beryllium.
HHHHHH..................... Paint Stripping and ...............
Miscellaneous Surface
Coating Operations at
Area Sources.
IIIIII..................... (Reserved)................ ...............
JJJJJJ..................... Industrial, Commercial, ...............
and Institutional
Boilers: Area Sources.
KKKKKK..................... (Reserved)................ ...............
LLLLLL..................... Acrylic and Modacrylic ...............
Fibers Production Area
Sources.
MMMMMM..................... Carbon Black Production X
Area Sources.
NNNNNN..................... Chemical Manufacturing X
Area Sources: Chromium
Compounds.
OOOOOO..................... Flexible Polyurethane Foam ...............
Production and
Fabrication Area Sources.
PPPPPP..................... Lead Acid Battery ...............
Manufacturing Area
Sources.
QQQQQQ..................... Wood Preserving Area ...............
Sources.
RRRRRR..................... Clay Ceramics ...............
Manufacturing Area
Sources.
SSSSSS..................... Glass Manufacturing Area X
Sources.
TTTTTT..................... Secondary Nonferrous ...............
Metals Processing Area
Sources.
UUUUUU..................... (Reserved)................ ...............
VVVVVV..................... Chemical Manufacturing X
Area Sources.
WWWWWW..................... Plating and Polishing ...............
Operations Area Sources.
XXXXXX..................... Nine Metal Fabrication and ...............
Finishing Categories Area
Sources.
YYYYYY..................... Ferroalloys Production ...............
Facilities Area Sources.
ZZZZZZ..................... Aluminum, Copper, and ...............
Other Nonferrous
Foundries Area Sources.
AAAAAAA.................... Asphalt Processing and ...............
Asphalt Roofing
Manufacturing Area
Sources.
BBBBBBB.................... Chemical Preparations ...............
Industry Area Sources.
CCCCCCC.................... Paints and Allied Products ...............
Manufacturing Area
Sources.
DDDDDDD.................... Prepared Feeds ...............
Manufacturing Area
Sources.
EEEEEEE.................... Gold Mine Ore Processing ...............
and Production Area
Sources.
FFFFFFF.................... Reserved.................. ...............
GGGGGGG.................... Reserved.................. ...............
HHHHHHH.................... Polyvinyl Chloride and X
Copolymers Production.
------------------------------------------------------------------------
\1\ Program delegated to Arkansas Department of Energy and Environment,
Division of Environmental Quality (DEQ).
\2\ Authorities which may not be delegated include: Sec. 63.6(g),
Approval of Alternative Non-Opacity Emission Standards; Sec.
63.6(h)(9), Approval of Alternative Opacity Standards; Sec.
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test
Methods; Sec. 63.8(f), Approval of Major Alternatives to Monitoring;
Sec. 63.10(f), Approval of Major Alternatives to Recordkeeping and
Reporting; and all authorities identified in the subparts (e.g., under
``Delegation of Authority'') that cannot be delegated.
\3\ This subpart was vacated and remanded to EPA by the United States
Court of Appeals for the District of Columbia Circuit. See, Mossville
Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004).
Because of the DC Court's holding, this subpart is not delegated to
DEQ at this time.
\4\ This subpart was issued a partial vacatur on October 29, 2007 (72 FR
61060), by the United States Court of Appeals for the District of
Columbia Circuit.
\5\ Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR
7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).
\6\ Final promulgated rule adopted by the EPA. See 80 FR 65470 (October
26, 2015). Note that subpart KKKKK of this part was amended in
response to a petition for reconsideration of the final rule. See 84
FR 58601 (November 1, 2019).
\7\ Initial final rule. See 77 FR 9304 (February 16, 2012), as amended
81 FR 20172 (April 6, 2016). Final supplemental finding that it is
appropriate and necessary to regulate hazardous air pollutant (HAP)
emissions from coal- and oil-fired electric utility steam generating
units (EUSGU). See 81 FR 24420 (April 25, 2016).
[FR Doc. 2022-18179 Filed 8-26-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on August 29, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.