Rule2024-04102
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Arkansas; Negative Declaration for Existing Sulfuric Acid Plants; Plan Revision for Existing Kraft Pulp Mills
Primary source
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Published
March 1, 2024
Effective
April 1, 2024
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the CAA section 111(d) State plan revision submitted by the State of Arkansas for existing kraft pulp mills subject to the Kraft Pulp Mills Emission Guidelines (EG). The Arkansas section 111(d) plan revision for kraft pulp mills contains administrative changes to the State regulations and also aligns compliance testing requirements to make it consistent with EPA's kraft pulp mills new source performance standards. EPA is also notifying the public that we have received a CAA section 111(d) negative declaration from Arkansas for existing sulfuric acid plants subject to the Sulfuric Acid Plants EG. This negative declaration certifies that existing sulfuric acid plants subject to the Sulfuric Acid Plants EG and the requirements of sections 111(d) of the CAA do not exist within Arkansas. The EPA is approving the State plan revision for existing kraft pulp mills, accepting the negative declaration for existing sulfuric acid plants, withdrawing its approval of the Arkansas State plan for existing sulfuric acid plants, and amending the agency regulations in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)</title>
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[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15038-15040]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04102]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2022-0984; FRL-11401-02-R6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Arkansas; Negative Declaration
for Existing Sulfuric Acid Plants; Plan Revision for Existing Kraft
Pulp Mills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the CAA section
111(d) State plan revision submitted by the State of Arkansas for
existing kraft pulp mills subject to the Kraft Pulp Mills Emission
Guidelines (EG). The Arkansas section 111(d) plan revision for kraft
pulp mills contains administrative changes to the State regulations and
also aligns compliance testing requirements to make it consistent with
EPA's kraft pulp mills new source performance standards. EPA is also
notifying the public that we have received a CAA section 111(d)
negative declaration from Arkansas for existing sulfuric acid plants
subject to the Sulfuric Acid Plants EG. This negative declaration
certifies that existing sulfuric acid plants subject to the Sulfuric
Acid Plants EG and the requirements of sections 111(d) of the CAA do
not exist within Arkansas. The EPA is approving the State plan revision
for existing kraft pulp mills, accepting the negative declaration for
existing sulfuric acid plants, withdrawing its approval of the Arkansas
State plan for existing sulfuric acid plants, and amending the agency
regulations in accordance with the requirements of the CAA.
DATES: This rule is effective on April 1, 2024. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register April 1, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2022-0984. 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. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6
Office, Air and Radiation Division--State Planning and Implementation
Branch, (214) 665-7346, <a href="/cdn-cgi/l/email-protection#0d7f786c632061686423666c7f626164636c4d687d6c236a627b"><span class="__cf_email__" data-cfemail="1c6e697d723170797532777d6e737075727d5c796c7d327b736a">[email protected]</span></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 ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
October 23, 2023 proposal (88 FR 72723). In that document we proposed
to approve the Arkansas State plan revision for existing kraft pulp
mills, accept the negative declaration for existing sulfuric acid
plants and withdraw approval of the Arkansas State plan for existing
sulfuric acid plants, and amend the agency regulations at 40 CFR part
62, subpart E, in accordance with the requirements of the CAA. EPA
proposed to find that Arkansas' submittal, submitted by Arkansas
Department of Energy and Environment, Division of Environmental Quality
(ADEQ) on June 20, 2022, and supplemented on August 24, 2022, and
August 31, 2022, meets the CAA section 111(d) requirements for plan
revisions, negative declarations, and plan approval withdrawals in
accordance with 40 CFR part 60, subpart B, 40 CFR part 62, subpart A,
and the applicable EG requirements.
We did not receive any comments regarding our proposal.
II. Final Action
In this final action, the EPA is amending 40 CFR part 62, subpart
E, to reflect EPA's approval of the Arkansas plan revision for existing
kraft pulp mills, acceptance of the Arkansas negative declaration for
existing sulfuric acid plants, and the withdrawal of EPA's approval of
the Arkansas State plan for existing sulfuric acid plants. EPA takes
this action in accordance with the requirements under section 111(d) of
the CAA.
III. Environmental Justice Considerations
Information on Executive Order 12898 (Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations, 59 FR 7629, February 16, 1994) and how EPA defines
environmental justice can be found in the section titled ``Statutory
and Executive Order Reviews'' in this final rule. EPA provided
additional analysis of environmental justice associated with this
action in our October 23, 2023 proposal (88 FR 72723) for the purpose
of providing additional context and information about this rulemaking
to the public, not as a basis of the action.
This final action is approving Arkansas's June 20, 2022, CAA
section 111(d) plan revision for kraft pulp mills and accepting
Arkansas's negative declaration for existing sulfuric acid plants;
changes from the previously approved Arkansas plan for kraft pulp mills
are discussed under the section titled ``The EPA's Evaluation'' in the
proposed rule for this action (88 FR 72723, October 23, 2023). Total
reduced sulfur (TRS) is considered a welfare-related pollutant.
Information on TRS and its relationship to negative health impacts can
be found at the Federal Register document titled ``Kraft Pulp Mills,
Notice of Availability of Final Guideline Document'' (44 FR 29828, May
22, 1979). We expect that this action will generally have neutral
[[Page 15039]]
environmental and health impacts on all populations, including people
of color and low-income populations, in Arkansas that are located near
an existing kraft pulp mill. At a minimum, this action would not worsen
any existing air quality and is expected to ensure the area is meeting
requirements to attain air quality standards. 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.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Arkansas
Pollution Control and Ecology Commission (APC & EC) Rule 19, Chapter 8,
approved January 28, 2022, which is part of the CAA section 111(d) Plan
applicable to existing kraft pulp mills subject to the Kraft Pulp Mills
Emission Guidelines within ADEQ's jurisdiction in the State of
Arkansas. The regulatory provisions of APC & EC Rule 19, Chapter 8,
incorporate the Kraft Pulp Mills Emission Guidelines promulgated by the
EPA and provide emission standards for the control of existing kraft
pulp mills, as defined in 40 CFR 60.281(a) and under the Kraft Pulp
Mills Emission Guidelines, that commenced construction, modification,
or reconstruction on or before September 24, 1976. The EPA has made,
and will continue to make, these materials generally available 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). This incorporation by reference has been approved by the
Office of the Federal Register and the plan is federally enforceable
under the CAA as of the effective date of this final rulemaking.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d) submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 7429;
40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A. Thus,
in reviewing CAA section 111(d) State plan submissions and negative
declarations, EPA's role is to approve State choices, provided that
they meet the criteria of the Act and implementing regulations.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason:
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore
not subject to a requirement for Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
C. Regulatory Flexibility Act (RFA)
This action is certified to not have a significant economic impact
on a substantial number of small entities under the RFA (5 U.S.C. 601
et seq.). This action will approve plan revisions and accept negative
declarations pursuant to CAA section 111(d) and will therefore have no
net regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action will not apply on any Indian reservation land or in any
other area where EPA or an Indian Tribe has demonstrated that a Tribe
has jurisdiction. In those areas of Indian country, the rule does not
have Tribal implications and will not impose substantial direct costs
on Tribal governments or preempt Tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definitions of ``covered
regulatory action'' in section 2-202 of the Executive order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a State program.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution and Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. This action
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 Clean Air Act.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
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.
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.'' 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
[[Page 15040]]
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA performed an environmental justice analysis, as
described in the section titled ``Environmental Justice
Considerations'' in the proposed rule associated with this action (88
FR 72723, October 23, 2023). 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
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this action is based
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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 April 30, 2024. 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 62
Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements.
Dated: February 22, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart E--Arkansas
0
2. Amend Sec. 62.850 by revising paragraphs (c)(1) and (2) and
removing and reserving paragraph (c)(3) to read as follows:
Sec. 62.850 Identification of plan.
* * * * *
(c) * * *
(1) Kraft pulp mills.
(2) Municipal solid waste landfills.
(3) [Reserved]
0
3. Revise Sec. 62.855 to read as follows:
Sec. 62.855 Identification of plan--negative declaration.
Submittal from the Arkansas Department of Energy and Environment,
Division of Environmental Quality (ADEQ) dated June 20, 2022, and
supplemented on August 24, 2022, and August 31, 2022, certifying that
there are no known existing sulfuric acid plants subject to the
Sulfuric Acid Plants Emission Guidelines and 40 CFR part 60, subpart
Cd, within its jurisdiction.
0
4. Revise Sec. 62.865 to read as follows:
Sec. 62.865 Identification of plan.
(a) Identification of plan. Control of air emissions from existing
kraft pulp mills, as adopted by the State of Arkansas on January 28,
2022, and submitted on June 20, 2022, by the Governor in a letter dated
May 12, 2022. The plan includes the regulatory provisions cited in
paragraph (d) of this section, which EPA incorporates by reference.
(b) Identification of sources. The plan, as adopted by the State of
Arkansas on January 28, 2022, and submitted on June 20, 2022, applies
to existing kraft pulp mills subject to the Kraft Pulp Mills Emission
Guidelines (i.e., kraft pulp mills, as defined in 40 CFR 60.281(a),
that commenced construction, reconstruction, or modification on or
before September 24, 1976) within its jurisdiction in the State of
Arkansas.
(c) Effective date. The effective date of the plan is April 1,
2024.
(d) Incorporation by reference. The material listed in this
paragraph (d) is incorporated by reference into this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the EPA and at the National
Archives and Records Administration (NARA). Contact the EPA Region 6
office at 1201 Elm Street, Suite 500, Dallas, Texas 75270; phone 214-
665-2200. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#e58397cb8c8b96958086918c8a8ba58b849784cb828a93"><span class="__cf_email__" data-cfemail="dabca8f4b3b4a9aabfb9aeb3b5b49ab4bba8bbf4bdb5ac">[email protected]</span></a>. The material may be obtained from the State of
Arkansas, Office of the Secretary of State, Arkansas Register, State
Capitol, Room 026, Little Rock, AR 72201,
<a href="/cdn-cgi/l/email-protection#f2938099939c8193818097959b81869780b2819d81dc938099939c819381dc959d84"><span class="__cf_email__" data-cfemail="aacbd8c1cbc4d9cbd9d8cfcdc3d9decfd8ead9c5d984cbd8c1cbc4d9cbd984cdc5dc">[email protected]</span></a>, <a href="https://www.sos.arkansas.gov/rules-regulations/arkansas-register/">https://www.sos.arkansas.gov/rules-regulations/arkansas-register/</a>.
(1) Arkansas Pollution Control and Ecology Commission (APC&EC) Rule
No. 19, Rules of the Arkansas Plan of Implementation for Air Pollution
Control, Chapter 8, 111(d) Designated Facilities, approved January 28,
2022.
(2) [Reserved]
[FR Doc. 2024-04102 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P
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