Proposed Rule2025-16483
Air Plan Approval; Arkansas; Codification of the State Implementation Plan
Primary source
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Published
August 28, 2025
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 revisions to the Arkansas State Implementation Plan (SIP) submitted to the EPA on February 4, 2025. The revisions address the codification of the Arkansas Pollution Control and Ecology Commission (APC & EC) Rule 19 and Regulations 9, 26, and 31 into the Code of Arkansas Rules (CAR). The revisions are non-substantive and administrative in nature, and do not add or relax any provisions in the approved SIP.
Full Text
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<title>Federal Register, Volume 90 Issue 165 (Thursday, August 28, 2025)</title>
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[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Proposed Rules]
[Pages 41930-41931]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16483]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2025-0015; FRL-12949-01-R6]
Air Plan Approval; Arkansas; Codification of the State
Implementation 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 revisions
to the Arkansas State Implementation Plan (SIP) submitted to the EPA on
February 4, 2025. The revisions address the codification of the
Arkansas Pollution Control and Ecology Commission (APC & EC) Rule 19
and Regulations 9, 26, and 31 into the Code of Arkansas Rules (CAR).
The revisions are non-substantive and administrative in nature, and do
not add or relax any provisions in the approved SIP.
DATES: Written comments must be received on or before September 29,
2025.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2025-0015, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or via email to <a href="/cdn-cgi/l/email-protection#f88c8b8d91d59a978f9d96d699949d8c909d99b89d8899d69f978e"><span class="__cf_email__" data-cfemail="bfcbcccad692ddd0c8dad191ded3dacbd7dadeffdacfde91d8d0c9">[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 Alethea Tsui-Bowen, 214-
665-7555, <a href="/cdn-cgi/l/email-protection#c8bcbbbda1e5aaa7bfada6e6a9a4adbca0ada988adb8a9e6afa7be"><span class="__cf_email__" data-cfemail="a3d7d0d6ca8ec1ccd4c6cd8dc2cfc6d7cbc6c2e3c6d3c28dc4ccd5">[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: Alethea Tsui-Bowen, EPA Region 6
Office, Infrastructure and Ozone Section, 214-665-7555, <a href="/cdn-cgi/l/email-protection#ff8b8c8a96d29d90889a91d19e939a8b979a9ebf9a8f9ed1989089"><span class="__cf_email__" data-cfemail="483c3b3d21652a273f2d266629242d3c202d29082d3829662f273e">[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 plan that specifies the manner in which the National
Air Ambient Quality Standards (NAAQS) will be achieved and maintained
within each air quality control region in a state. States must develop
and submit a SIP to EPA for approval as required by the CAA. A SIP
includes air pollution regulations, control strategies, other means or
techniques, and technical analyses developed by the state to help
ensure that the state meets the NAAQS. When a state makes changes to
the regulations and control strategies in its SIP, such revisions must
be submitted to the EPA for approval and incorporation into the
federally enforceable SIP.\1\
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\1\ For more about SIPs, please visit <a href="https://www.epa.gov/air-quality-implementation-plans">https://www.epa.gov/air-quality-implementation-plans</a>.
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The Arkansas SIP is the air quality protection strategy implemented
by the Arkansas Department of Energy and Environment (ADEE or State)
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 part 52 subpart E. The Arkansas SIP is federally
enforceable. All revisions to the SIP require EPA approval as mandated
in section 110(l) of the Act.
II. The State's SIP Submission
On February 4, 2025, the State submitted SIP revisions to EPA that
address the codification of the APC & EC Rule 19 and Regulations 9, 26,
and 31 into the CAR. Rule 19 is the Arkansas Plan of Implementation for
Air Pollution Control and includes Chapters 1 (Title, Intent and
Purpose), 2 (Definitions), 3 (Protection of the NAAQS), 4 (Minor Source
Review), 5 (General Emission Limitations Applicability to Equipment), 6
(Upset and Emergency Conditions), 7 (Sampling, Monitoring, and
Reporting Requirements), 9 (Prevention of Significant Deterioration),
10 (Rules for the Control of Volatile Organic Compounds in Pulaski
County), 11 (Major Source Permitting Procedures), 13 (Stage 1 Vapor
Recovery), 14 (Reserved), 15 (Best Available Retrofit Technology), 18
(Effective Date) and the associated appendices (Insignificant
Activities List and NAAQS List).
Regulation 9 is Fee Regulation and includes Chapters 1 (Title), 2
(Definitions), 3 (Permit Fee Payment), 5 (Air Permit Fees), and 9
(Administrative Procedures). Regulation 26 is Regulations of the
Arkansas Operating Permit Program and includes Chapters 3 (Requirements
for Permit Applicability), 4 (Applications for Permits), 5 (Action
[[Page 41931]]
of Application), and 6 (Permit Review by the Public, Affected States,
and EPA). Regulation 31 is Nonattainment New Source Review Requirements
and includes Chapters 1 (Title, Intent, and Purpose), 2 (Definitions),
3 (Preconstruction review), 4 (Applicability Tests), 5 (Reserved), 6
(Reserved), 7 (Reserved), 8 (Actual PALS), and 9 (Effective Date).
III. The EPA's Evaluation
In this SIP revision, codification involves the numbering of the
SIP rules and regulations in a manner consistent with the CAR. The
revisions are limited to codification and non-substantive
administrative edits. For example, Regulation 9 is codified as Part 12,
Rule 19 is codified as Part 41, Regulation 26 is codified as Part 42,
and Regulation 31 is codified as Part 43. The administrative edits
include, for example, ``Commission'' is replaced with ``the Arkansas
Pollution Control and Ecology Commission'' and ``paragraph (E) of this
definition'' is replaced with ``(b)(13)(E) of this section.'' The
submitted revisions renumber, relabel, edit, and restructure paragraphs
within the revised parts. The submitted revisions do not relax, do not
delete, and do not introduce new rules to the approved SIP. Due to the
non-substantive and administrative nature of these revisions, these SIP
revisions are not expected to contribute to violations of the NAAQS in
Arkansas. Accordingly, we find the submitted revisions consistent with
CAA section 110(l). Additional background and a table detailing each of
the revisions to Regulation 9, Rule 19, Regulation 26, and Regulation
31 is provided in the Technical Support Document, available in the
docket for this proposed rule. The State's submittal is also posted in
the docket.
IV. Proposed Action
We are proposing to approve the revisions to the Arkansas SIP
submitted to EPA on February 4, 2025. These revisions codify the
corresponding rules and regulations in the Arkansas SIP. We are
proposing to approve this SIP submission in accordance with the
requirements of section 110 of the Act and EPA's regulations.
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 and III of this preamble. 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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); and
<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 Clean Air Act.
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 rulemaking 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 20, 2025.
Walter Mason,
Regional Administrator, Region 6.
[FR Doc. 2025-16483 Filed 8-27-25; 8:45 am]
BILLING CODE 6560-50-P
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