Proposed Rule2023-17944
Air Plan Approval; Arkansas; Revisions to Rule 19 of the Arkansas Plan
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 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve portions of the revisions to the Arkansas State Implementation Plan (SIP) including revisions to the Arkansas Pollution Control and Ecology Commission's ("Commission" or APC&EC) Rule No. 19, Rules of the Arkansas Plan of Implementation for Air Pollution Control submitted by the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) via the Arkansas Governor's Office on June 22, 2022. Most of the revisions are administrative in nature and make the SIP current with Federal rules.
Full Text
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<title>Federal Register, Volume 88 Issue 161 (Tuesday, August 22, 2023)</title>
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[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Proposed Rules]
[Pages 57014-57017]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17944]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2022-0907; FRL-11174-01-R6]
Air Plan Approval; Arkansas; Revisions to Rule 19 of the Arkansas
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve portions
of the revisions to the Arkansas State Implementation Plan (SIP)
including revisions to the Arkansas Pollution Control and Ecology
Commission's (``Commission'' or APC&EC) Rule No. 19, Rules of the
Arkansas Plan of Implementation for Air Pollution Control submitted by
the Arkansas Department of Energy and Environment, Division of
Environmental Quality (DEQ) via the Arkansas Governor's Office on June
22, 2022. Most of the revisions are administrative in nature and make
the SIP current with Federal rules.
DATES: Written comments must be received on or before September 21,
2023.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2022-0907, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to
<a href="/cdn-cgi/l/email-protection#bac9cedfd3d894d9d6d5ccd3c9fadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="473433222e2569242b28312e340722372669202831">[email protected]</span></a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Clovis Steib, 214-665-
7566, <a href="/cdn-cgi/l/email-protection#fa898e9f9398d49996958c9389ba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="275453424e4509444b48514e546742574609404851">[email protected]</span></a>. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office,
Infrastructure and Ozone Section, Air and Radiation Division, 214-665-
7566, <a href="/cdn-cgi/l/email-protection#afdcdbcac6cd81ccc3c0d9c6dcefcadfce81c8c0d9"><span class="__cf_email__" data-cfemail="d1a2a5b4b8b3ffb2bdbea7b8a291b4a1b0ffb6bea7">[email protected]</span></a>. We encourage the public to submit comments
via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please call or email the contact
listed above if you need alternative access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The SIP is a set of air pollution regulations, control strategies,
and technical analyses developed by the state to implement, maintain,
and enforce the National Ambient Air Quality Standards, or NAAQS, and
to fulfill other requirements of the Clean Air Act. The NAAQS are
established under section 109 of the Act, and they currently address
six criteria pollutants: carbon monoxide, lead, nitrogen dioxide,
ozone, particulate matter, and sulfur dioxide. The SIP is required by
Section 110 of the Act and can be extensive, containing state
regulations or other enforceable documents and supporting information
such as emission inventories, monitoring networks, and modeling
demonstrations.
The Arkansas SIP is the air quality protection strategy implemented
by the Department of Energy and Environment's Division of Environmental
Quality (DEQ) pursuant to the CAA. The SIP consists of laws and rules,
nonregulatory and quasi-regulatory measures, and other state
enforceable requirements codified at 40 CFR 52 subpart E. The Arkansas
SIP is federally enforceable. The Arkansas SIP was first approved by
the EPA in 1972 (37 FR 10841). All revisions to the SIP require EPA
approval.
On June 22, 2022, Arkansas submitted to the EPA revisions to the
Arkansas SIP.\1\ The submitted revisions address APC&EC Regulation 19,
Rules of the Arkansas Plan of Implementation for Air Pollution Control,
with corresponding chapters and appendices. The revisions restructure
the regulations and organize them as rules, such that Regulation 19
becomes Rule 19, Rules of the Arkansas Plan of Implementation for Air
Pollution Control, with corresponding chapters and appendices. The
revisions also remove certain outdated provisions and update other
provisions that are incorporated into Regulation 19. Specific
provisions to be repealed are those in Chapter 10 of APC&EC Regulation
19 regarding the control of volatile organic compounds (VOC) from
certain source categories in Pulaski County, provisions for the Clean
Air Interstate Rule (CAIR) in Chapter 14, and informational provisions
regarding sources eligible or subject to best available retrofit
technology (BART) requirements for Regional Haze in Chapter 15.
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\1\ The cover letter on the submitted revisions is dated May 12,
2022, but the submittal package was not submitted to EPA until June
22, 2022.
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Additionally, the submitted revisions address regulatory provisions
in Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 16, 18, and Appendices A
and B of Regulation 19.\2\ These changes reflect the current
organizational structure of ADEQ, remove outdated information, and make
non-substantive formatting edits.
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\2\ See accompanying Technical Support Document (TSD) available
in the docket for this rulemaking.
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[[Page 57015]]
The submitted revisions to Chapter 10 also address an EPA-
identified deficiency within the Arkansas SIP related to the 2015
Startup, Shutdown, and Malfunction (SSM) SIP Call for Regulation.
19.1004(H).\3\ The EPA plans to address this matter in a separate
Federal Register action.
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\3\ See ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' (80 FR 33839, June 12, 2015).
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II. The EPA's Evaluation
A. Regulation 19, Chapter 10--Control of VOCs in Pulaski County
These rules address Pulaski County because in March 1978, the EPA
designated Pulaski County, Arkansas, as a nonattainment area for ozone
(43 FR 8969, March 3, 1978). Pulaski County subsequently met the ozone
NAAQS and in September 1984, the EPA approved the State's request to
redesignate Pulaski County to attainment (49 FR 37753, September 26,
1984). Since redesignation, Pulaski County has maintained compliance
with all the ozone NAAQS. In this action, we are proposing to approve
revisions to Regulation 19.1001 and 19.1002 which are non-substantive.
We are also proposing to approve the submitted revisions to 19.1003
through 19.1006. Although the submitted revisions to 19.1003 through
19.1006 are substantive in nature, they are superseded by more
stringent federal requirements. VOC emissions are not expected to
increase because existing and new sources subject to Chapter 10 in
Pulaski County are subject to the more stringent federal requirements
for New Source Performance Standards (NSPS) and National Emission
Standards for Hazardous Air Pollutants (NESHAP). The EPA's analysis of
the submitted revisions, and confirmation that VOC emissions will not
increase, is included in the TSD for this action. As a result,
consistent with CAA section 110(l), we do not expect these revisions to
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement of the
Act.
B. Regulation 19, Chapter 14--CAIR Requirements
Provisions for the CAIR NO<INF>X</INF> Ozone Season Trading Program
were approved into the Arkansas SIP on September 26, 2007 (72 FR
54556).\4\ On July 11, 2008, the U.S. Court of Appeals for the District
of Columbia vacated and remanded the CAIR program to the EPA. The
submitted revisions include the repeal of the Regulation 19, Chapter 14
CAIR provisions consistent with the court's decision. This revision is
approvable because there are no federal requirements for the Arkansas
SIP or sources in Arkansas to continue complying with the CAIR
NO<INF>X</INF> Ozone Season Trading Program or the provisions in Rule,
Chapter 14.
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\4\ Oxides of Nitrogen (NO<INF>X</INF>) and VOC are precursors
to ozone formation.
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C. Regulation 19, Chapter 15--Best Available Retrofit Technology
Arkansas Regulation 19, Chapter 15 was approved by the EPA into the
SIP on March 12, 2012,\5\ except for certain portions of Regulation
19.1504 and 19.1505. The submitted revisions address Regulation
19.1501, 19.1502, 19.1503, 19.1504, 19.1505, 19.1506, and 19.1507. We
are proposing to approve these revisions because they fall into one or
more of the following categories: (1) the revisions are non-substantive
and/or are formatting edits; (2) the revisions improve the readability
of the provision; (3) the revisions repeal provisions that do not
contain enforceable requirements and as a result are not required to be
part of the SIP; or (4) the revisions repeal provisions that are not in
the approved SIP. The revisions to Chapter 15 do not repeal or relax
any existing control requirements in the SIP and therefore the EPA does
not anticipate any emission increases associated with the revisions to
Chapter 15. Consistent with CAA section 110(l), we do not expect these
revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. We provide our analysis of the submitted
revisions to Chapter 15 in the paragraphs that follow.
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\5\ See 77 FR 14603 (March 12, 2012).
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Regulation 19.1501 ``Purpose''
Regulation 19.1501 states the purpose of Regulation 19, Chapter 15,
but does not contain enforceable requirements. The submitted revisions
to Regulation 19.1501 provide a more precise description of the purpose
of Chapter 15. Therefore, we are proposing to approve these submitted
revisions to Regulation 19.1501.
Regulation 19.1502 ``Definitions''
The submitted revisions to Regulation 19.1502 are non-substantive
formatting edits. We are proposing to approve the submitted revisions
to Regulation 19.1502.
Regulation 19.1503 ``BART Eligible Sources''
Arkansas Regulation 19.1503 identifies the BART-eligible sources
within the State. The submitted revision to Regulation 19.1503 repeals
the provision in its entirety and places the subsection in reserve.
Arkansas explained in Appendix A of the submitted revisions that
Regulation 19.1503 consists of an informational table that does not
contain enforceable requirements and is not necessary to identify the
sources subject to the requirements of Chapter 15 that are in the SIP,
as identified in Rule 19.1505.\6\ Furthermore, the informational table
in Rule 19.1503 is also contained in the SIP submittal narrative for
the Arkansas Regional Haze Planning Period 1, Phase II SIP revision,
which the EPA previously approved.\7\ The repeal of Regulation 19.1503
does not change the State's determination of BART-eligible sources in
Arkansas. Thus, we are proposing to approve the submitted revision to
Regulation 19.1503.
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\6\ See ``Appendix A: Technical Support Document, Changes to the
Rules of the State Implementation Plan,'' pages 5-6. Appendix A is
part of the submitted revisions and is found in the docket for this
proposed rulemaking.
\7\ See 84 FR 51033 (September 27, 2019).
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Regulation 19.1504 ``Facilities Subject to BART''
Regulation 19.1504 consists of Regulation 19.1504(A), (B), and (C).
The submitted revisions to Regulation 19.1504 repeal and move
provisions and place the subsection in reserve. The submitted revisions
repeal Regulation 19.1504(A) and move the provisions of Regulation
19.1504(B) and (C) to Regulation 19.1506 with edits to the language.
Arkansas explained in Appendix A of the submitted revisions that
Regulation 19.1504(A) consists of an informational table that
identifies the sources in Arkansas that are subject to BART but the
table itself does not contain any enforceable requirements.\8\
Regulation 19.1504(A) is not necessary to identify the sources subject
to the requirements of Chapter 15 that are in the SIP, as those sources
are identified in Regulation 19.1505.\9\ Furthermore, the informational
table in Regulation 19.1504(A) is also contained in the SIP submittal
narrative for the Arkansas Regional Haze Planning Period 1, Phase II
SIP revision, which the EPA approved
[[Page 57016]]
in a final rule.\10\ Thus, the repeal of Regulation 19.1504(A) does not
change the State's determination of subject-to-BART sources in
Arkansas. We are proposing to approve the revision to Regulation
19.1504(A).
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\8\ ``Appendix A: Technical Support Document, Changes to the
Rules of the State Implementation Plan,'' pages 5-6. Appendix A is
part of the submitted revision and is found in the docket for this
proposed rulemaking.
\9\ Ibid.
\10\ See 84 FR 51033 (September 27, 2019).
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Regulation 19.1504(B) contains BART compliance date requirements.
The submitted revisions to Regulation 19.1504(B) move Regulation
19.1504(B) to Regulation 19.1506(A) with non-substantive revisions to
the language and deletion of the portion not in the approved SIP.\11\
Regulation 19.1504(C) contains provisions requiring sources subject to
BART to maintain the control equipment required by Chapter 15 and to
establish procedures to ensure such equipment is properly operated and
maintained. The submitted revisions to Regulation 19.1504(C) move these
provisions to Regulation 19.1506(B) and (C) with non-substantive
revisions to the language. Moving the provisions in Rule 19.1504(B) and
(C) to Rule 19.1506(A), (B) and (C) results in the consolidation of the
compliance provisions for sources subject to the requirements of
Chapter 15. For these reasons, we are proposing to approve the
revisions to Regulation 19.1504(B) and (C).
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\11\ Only a portion of Rule 19.1504(B) is in the approved SIP.
This portion is the requirement for each source subject to BART to
install and operate BART as expeditiously as practicable, but in no
event later than 5 years after the EPA approval of that source's
BART determination. (See 77 FR 14604, 14675, March 12, 2012).
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Regulation 19.1505 ``Best Available Retrofit Technology Requirements''
Arkansas Regulation 19.1505 consists of BART emission limits for
subject-to-BART sources in Arkansas that are subject to the
requirements of Chapter 15. The submitted revisions make a minor
amendment to the title of Regulation 19.1505, remove all provisions
that are not currently in the approved SIP,\12\ and restructure and
make other non-substantive edits to the provisions in the approved SIP.
Because of our prior disapproval,\13\ the following provisions were
never approved into the Arkansas SIP and thus, the State's removal of
this language from its State rules is a non-substantive change:
Regulation 19.1505(A)(1) and (A)(2); 19.1505(B); 19.1505(C);
19.1505(D)(1) and (D)(2); 19.1505(E)(1), (E)(2), and (E)(3);
19.1505(F)(1) and (F)(2); 19.1505(G)(1) and (G)(2); 19.1505(H);
19.1505(I)(1) and (I)(2); 19.1505(J)(1) and (J)(2); 19.1505(K);
19.1505(L); 19.1505(M)(1); and 19.1505(N)(1), (N)(2), and (N)(3).
Because these submitted revisions delete previously disapproved
language, we are proposing to remove our prior disapproval of the
provisions of Regulation 19.1505 (77 FR 14604).
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\12\ 77 FR 14604, 14675.
\13\ 77 FR 14604, 14675.
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The submitted revisions also remove Regulation 19.1505(D)(3). This
provision was approved by the EPA at 77 FR 14604, and therefore, the
repeal of Regulation 19.1505(D)(3) is a substantive change. In a final
rule published on March 22, 2021, we approved BART alternative
requirements under 40 CFR 51.308(e)(2) that replaced the provision
under Regulation 19.1505(D)(3).\14\ Therefore, the repeal of Regulation
19.1503(D)(3) does not relax any existing requirements in the SIP. In
fact, it is necessary for Arkansas to remove Regulation 19.1505(D)(3)
from its State rules and the SIP given that the BART requirements
contained in Regulation 19.1505(D)(3) have been replaced.\15\ For this
reason, we are proposing to approve the submitted revision to repeal
Regulation 19.1505(D)(3).
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\14\ The EPA finalized approval of the State's withdrawal of the
PM10 BART determination of 0.07 lb/MMBtu for Ashdown Mill #1 Power
Boiler, SN-03 and approved its replacement with the PM10 BART
alternative limit in the Arkansas Regional Haze Phase III SIP
submittal (See 86 FR 15104, 15130, March 22, 2021).
\15\ The current BART requirements approved in the SIP for
Domtar Ashdown Mill #1 Power Boiler, SN-03 are found in Permit
#0287-AOP-R22. (See 86 FR at 15131).
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The submitted revisions also restructure some of the remaining
provisions under Regulation 19.1505, which results in greater clarity
and concision of those provisions. Therefore, we are proposing to
approve these revisions.
Regulation 19.1506 ``Compliance Provisions''
Regulation 19.1506 consists of compliance provisions for sources
subject to the requirements of Chapter 15. The submitted revisions
update and consolidate the compliance requirements that were previously
in Regulation 19.1504(B) \16\ and (C) with edits that are non-
substantive. For these reasons, we are proposing to approve the
submitted revisions to Regulation 19.1506.
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\16\ As discussed earlier, only a portion of Regulation
19.1504(B) is in the approved SIP.
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Regulation 19.1507 ``Permit Reopening''
Regulation 19.1507 is a provision that makes subject-to-BART
sources subject to reopening of their permit to incorporate the
requirements of Regulation 19.1505. The submitted revision to
Regulation 19.1507 repeals the provision in its entirety and places the
subsection in reserve. Although the revision is substantive, it does
not relax any existing requirements in the SIP. Arkansas explained in
Appendix A of the submitted revisions that this provision is no longer
relevant as the only requirements that remain in Regulation 19.1505 are
based on existing permit conditions.\17\ For this reason, we are
proposing to approve the submitted revision to Regulation 19.1507.
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\17\ See ``Appendix A: Technical Support Document, Changes to
the Rules of the State Implementation Plan,'' page 6. Appendix A is
part of the Arkansas SIP submittal dated May 12, 2022 and is found
in the docket for this proposed rulemaking.
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D. CAA Section 110(l) Evaluation
The submitted revisions to Regulation 19 add clarity, consistency,
and overall strengthen the Arkansas SIP. The revisions do not relax the
current SIP approved rules and are consistent with Federal regulations.
Therefore, and consistent with CAA section 110(l), we do not expect
these revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act.
III. Proposed Action
For the reasons described in this action and in the TSD, we are
proposing to approve a portion of revisions to the Arkansas SIP
submitted on June 22, 2022. Specifically, we are proposing to approve
the following submitted revisions to Regulation 19: renaming Regulation
19 as Rule 19; revisions to Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13,
15, and Appendices A and B of Regulation 19. We are also proposing to
approve the partial repeal of Regulation 19, Chapter 10 and repeal of
Regulation 19, Chapters 14, and 16; and the new provision of Regulation
19, Chapter 18. We are proposing to approve these revisions in
accordance with section 110 of the Act.
IV. Environmental Justice Considerations
The EPA reviewed demographic data for groups of populations living
within Pulaski County, Arkansas. The EPA then compared the data to the
State of Arkansas and the national average for each of the demographic
groups. The results of this analysis are being provided for information
and transparency purposes. The results of the demographic analysis
indicate that that for populations living within Pulaski County, the
percent people of color (persons who reported their race
[[Page 57017]]
as a category other than white alone (not Hispanic or Latino)) is above
the national average for Pulaski County; and below the national average
for the State of Arkansas as a whole (49.3 and 28.7 percent,
respectively versus 40.7 percent). Within people of color, the percent
of the population that is Black or African American alone is
significantly above the national average for Pulaski County and above
the national average for the State as a whole (38.3 and 15.7 percent,
respectively versus 13.6 percent), and the percent of the population
that is American Indian/Alaska Native is below the national average for
both Pulaski County and the State as a whole (0.5 and 1.1 percent,
respectively versus 1.3 percent).
This proposed action revises portions of the Arkansas SIP including
revisions to Rule 19 of the Arkansas Plan of Implementation for Air
control. We expect that this action and resulting emissions reductions
will generally be neutral or contribute to reduced environmental and
health impacts on all populations in the State of Arkansas, including
people of color and low-income populations. The proposed revisions will
provide updates to the SIP and improve clarity in the SIP so that the
public can read and understand what is currently in the SIP. Further,
there is no information in the record indicating that this action is
expected to have disproportionately high or adverse human health or
environmental effects on a particular group of people.
V. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Arkansas regulations as described in
Sections II, The EPA's Evaluation, and III, Proposed Action, of this
preamble. These state regulations contain the air pollution control
provisions for the State of Arkansas. We have made, and will continue
to make, these documents generally available electronically through
<a href="http://www.regulations.gov">www.regulations.gov</a> (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
Under the CAA, 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. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 14094 (88 FR 21879, April 11,
2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' 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.'' \18\ 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.'' \19\
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\18\ See <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
\19\ <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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ADEQ did not evaluate Environmental Justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. The EPA performed an
EJ analysis, as is described earlier in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
In addition, there is no information in the record upon which this
decision is based inconsistent with the stated goal of E.O. 12898 of
achieving EJ for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia, Carbon
oxides, Incorporation by reference, Intergovernmental relations, Lead,
Nitrogen oxides, Ozone, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 15, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-17944 Filed 8-21-23; 8:45 am]
BILLING CODE 6560-50-P
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