[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38085-38095]
[FR Doc No: 2016-13505]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-0544; FRL-9947-30-OAR]
RIN 2060-AS94

National Emission Standards for Hazardous Air Pollutants for
Secondary Aluminum Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the National Emission Standards for Hazardous Air
Pollutants for Secondary Aluminum Production (Secondary Aluminum
NESHAP). This direct final rule amends the final rule that was
published in the Federal Register on September 18, 2015, by correcting
inadvertent errors, clarifying rule requirements for initial
performance tests and submittal of malfunction reports, providing an
additional option for new round top furnaces to account for unmeasured
emissions during compliance testing, and clarifying what constitutes a
change in furnace operating mode. The direct final rule also updates
Web site addresses for the EPA's Electronic Reporting Tool (ERT) and
the Compliance and Emissions Data Reporting Interface (CEDRI). These
amendments will help to improve compliance and implementation of the
rule.

DATES: This rule is effective on September 12, 2016 without further
notice, unless the EPA receives adverse comment by July 28, 2016 If the
EPA receives adverse comment, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect.
    Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by June 20, 2016 we will hold a public hearing on June
28, 2016 on the EPA campus at 109 T.W. Alexander Drive, Research
Triangle Park, North Carolina.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2010-0544, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. 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, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Rochelle Boyd, Sector Policies and
Programs Division (D243-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; and email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Organization of This Document. The information in this preamble is
organized as follows:

I. General Information
    A. Why is the EPA publishing a direct final rule?
    B. Does this direct final rule apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this direct final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Why is the EPA publishing a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to amend the Secondary Aluminum
NESHAP, if adverse comments are received on this direct final rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
    If the EPA receives adverse comment on all or a distinct portion of
this direct final rule, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of this direct
final rule will not take effect. We would address all public comments
in any subsequent final rule based on the proposed rule.

B. Does this direct final rule apply to me?

    Categories and entities potentially regulated by this direct final
rule include:

------------------------------------------------------------------------
                 Category                          NAICS code \1\
------------------------------------------------------------------------
Primary Aluminum Production Facilities...  331312
Secondary Aluminum Production Facilities.  331314
Aluminum Sheet, Plate, and Foil            331315
 Manufacturing Facilities.
Aluminum Extruded Product Manufacturing    331316
 Facilities.
Other Aluminum Rolling and Drawing         331319
 Facilities.
Aluminum Die Casting Facilities..........  331521
Aluminum Foundry Facilities..............  331524
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
direct final rule. To determine whether your facility is affected, you
should examine the applicability criteria in 40 CFR 63.1500. If you
have any questions regarding the applicability of any aspect of this
action to a particular entity, consult either the air permitting
authority for the entity or your EPA Regional representative as listed
in 40 CFR 63.13.

C. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comments that includes information claimed as
CBI, a copy of the comments that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: OAQPS Document Control
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2010-0544.

II. What are the amendments made by this direct final rule?

    This direct final rule amends the table in Appendix A titled
``Appendix A to Subpart RRR of Part 63--General Provisions
Applicability to Subpart RRR.'' As published in the Federal Register on
September 18, 2015, the table consisted of three columns labeled
``Citation,'' ``Applies to RRR,'' and ``Comment.'' The EPA had intended
to include a fourth column labeled ``Requirement,'' but this column was
inadvertently omitted from the September 18, 2015, publication in the
Federal Register. We are revising the table by adding a column labeled
``Requirement,'' which contains a brief description of the cited
General Provision and republishing the entire table with appropriate
updated information and clarifications. This amendment will provide
additional information to the public on the content of the General
Provision citations.
    In response to stakeholder feedback, this direct final rule also
amends 40 CFR 63.1514(e), which contains the limits on the frequency of
changing furnace operating mode. The amendment clarifies that a change
from one operating mode and subsequently back to the initial mode
constitutes a single change. With respect to the options available to
new round top furnaces to account for unmeasured emissions during
compliance testing, this direct final rule also amends 40 CFR
63.1512(e)(5) to extend to new round top furnaces a compliance testing
option to account for unmeasured emissions during compliance testing
that is already available to uncontrolled group 1 furnaces. With this
amendment, new round top furnaces will now have the option of assuming
an 80-percent capture efficiency for the furnace exhaust during
testing. We are adding 40 CFR 63.1516(b)(4) of the reporting
requirements to clarify that malfunction reports required by 40 CFR
63.1516(d) must be submitted as part of the semiannual excess
emissions/summary reports required by 40 CFR 63.1516(b). With respect
to reconstructed sources, we are revising 40 CFR 63.1511(b) to clarify
that under this provision reconstructed sources will be treated like
new sources. In addition to correcting several minor typographical
errors, we are correcting the inadvertent deletion of 40 CFR
63.1510(e)(1) and (2) from the regulatory text. These provisions relate
to equipment accuracy and calibration and were previously codified when
the Secondary Aluminum NESHAP was originally promulgated in 2000. The
September 18, 2015, action mistakenly removed these provisions. This
rulemaking replaces these provisions in the regulatory text to ensure
that the regulated community has a clear understanding of the
applicable compliance requirements.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulation (40 CFR part 63,
subpart RRR), and has assigned OMB control number 2060-0433. This
action does not change the information collection requirements.

 C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
does not create any new requirements or burdens and no costs are
associated with this direct final action.

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.
    The 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. 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 does not have tribal implications, as specified in
Executive Order 13175. There are no secondary aluminum production
facilities owned or operated by tribal governments. Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed
by this section will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. This action does not affect the level of
protection provided to human health or the environment. The final
amendments are either clarifications or corrections of compliance
alternatives that will neither increase or decrease environmental
protection.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 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).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: May 27, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency is amending title 40, chapter I, part 63 of the Code
of Federal Regulations (CFR) 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 RRR--National Emission Standards for Hazardous Air
Pollutants for Secondary Aluminum Production

0
2. Section 63.1510 is amended by revising paragraph (b) introductory
text and adding paragraphs (e)(1) and (2) to read as follows:

Sec.  63.1510  Monitoring requirements.

* * * * *
    (b) Operation, maintenance, and monitoring (OM&M) plan. The owner
or operator must prepare and implement for each new or existing
affected source and emission unit, a written OM&M plan. The owner or
operator of an existing affected source must submit the OM&M plan to
the permitting authority for major sources, or the Administrator for
area sources no later than the compliance date established by Sec.
63.1501. The owner or operator of any new affected source must submit
the OM&M plan to the permitting authority for major sources, or the
Administrator for area sources within 90 days after a successful
initial performance test under Sec.  63.1511(b), or within 90 days
after the compliance date established by Sec.  63.1501 if no initial
performance test is required. The plan must be accompanied by a written
certification by the owner or operator that the OM&M plan satisfies all
requirements of this section and is otherwise consistent with the
requirements of this subpart. The owner or operator must comply with
all of the provisions of the OM&M plan as submitted to the permitting
authority for major sources, or the Administrator for area sources,
unless and until the plan is revised in accordance with the following
procedures. If the permitting authority for major sources, or the
Administrator for area sources determines at any time after receipt of
the OM&M plan that any revisions of the plan are necessary to satisfy
the requirements of this section or this subpart, the owner or operator
must promptly make all necessary revisions and resubmit the revised
plan. If the owner or operator determines that any other revisions of
the OM&M plan are necessary, such revisions will not become effective
until the owner or operator submits a description of the changes and a
revised plan incorporating them to the permitting authority for major
sources, or the Administrator for area sources. Each plan must contain
the following information:
* * * * *
    (e) * * *
    (1) The accuracy of the weight measurement device or procedure must
be 1 percent of the weight being measured. The owner or
operator may apply to the permitting agency for approval to use a
device of alternative accuracy if the required accuracy cannot be
achieved as a result of equipment layout or charging practices. A
device of alternative accuracy will not be approved unless the owner or
operator provides assurance through data and information that the
affected source will meet the relevant emission standard.
    (2) The owner or operator must verify the calibration of the weight
measurement device in accordance with the schedule specified by the
manufacturer, or if no calibration schedule is specified, at least once
every 6 months.
* * * * *

0
3. Section 63.1511 is amended by revising paragraph (b) introductory
text and paragraph (i) heading to read as follows:

Sec.  63.1511  Performance test/compliance demonstration general
requirements.

* * * * *
    (b) Initial performance test. Following approval of the site-
specific test plan, the owner or operator must demonstrate initial
compliance with each applicable emission, equipment, work practice, or
operational standard for each affected source and emission unit, and
report the results in the notification of compliance status report as
described in Sec.  63.1515(b). The owner or operator of any affected
source constructed before February 14, 2012, for which an initial
performance test is required to demonstrate compliance must conduct
this initial performance test no later than the date for compliance
established by Sec.  63.1501. The owner or operator of any affected
source constructed or reconstructed after February 14, 2012, for which
an initial performance test is required must conduct this initial
performance test within 180 days after the date for compliance
established by Sec.  63.1501. Except for the date by which the
performance test must be conducted, the owner or operator must conduct
each performance test in accordance with the requirements and
procedures set forth in Sec.  63.7(c). Owners or operators of affected
sources located at facilities which are area sources are subject only
to those performance testing requirements pertaining to D/F. Owners or
operators of sweat furnaces meeting the specifications of Sec.
63.1505(f)(1) are not required to conduct a performance test.
* * * * *
    (i) Testing of commonly-ducted units not within a secondary
aluminum processing unit. * * *
* * * * *

0
4. Section 63.1512 is amended by revising paragraph (e)(4) introductory
text, paragraph (e)(4)(v), and paragraph (e)(5) to read as follows:

Sec.  63.1512  Performance test/compliance demonstration requirements
and procedures.

* * * * *
    (e) * * *
    (4) When testing an existing uncontrolled furnace, the owner or
operator must comply with the requirements of either paragraphs

(e)(4)(i), (ii), or (iii) of this section at the next required
performance test required by Sec.  63.1511(e).
* * * * *
    (v) Round top furnaces constructed before February 14, 2012, and
reconstructed round top furnaces are exempt from the requirements of
paragraphs (e)(4)(i), (ii), and (iii) of this section. Round top
furnaces must be operated to minimize unmeasured emissions according to
paragraph (e)(7) of this section.
    (5) When testing a new uncontrolled furnace, other than a new round
top furnace, constructed after February 14, 2012, the owner or operator
must comply with the requirements of paragraph (e)(5)(i) or (ii) of
this section at the next required performance test required by Sec.
63.1511(e). When testing a new round top furnace constructed after
February 14, 2012, the owner or operator must comply with the
requirements of either paragraphs (e)(5)(i), (ii), or (iii) of this
section at the next required performance test required by Sec.
63.1511(e).
    (i) Install hooding that meets ACGIH Guidelines (incorporated by
reference, see Sec.  63.14), or
    (ii) At least 180 days prior to testing petition the permitting
authority for major sources, or the Administrator for area sources,
that such hoods are impractical under the provisions of paragraph
(e)(6) of this section and propose testing procedures that will
minimize unmeasured emissions during the performance test according to
the paragraph (e)(7) of this section, or
    (iii) Assume an 80-percent capture efficiency for the furnace
exhaust (i.e., multiply emissions measured at the furnace exhaust
outlet by 1.25). If the source fails to demonstrate compliance using
the 80-percent capture efficiency assumption, the owner or operator
must re-test with a hood that meets the ACGIH Guidelines within 180
days, or petition the permitting authority for major sources, or the
Administrator for area sources, within 180 days that such hoods are
impractical under the provisions of paragraph (e)(6) of this section
and propose testing procedures that will minimize unmeasured emissions
during the performance test according to paragraph (e)(7) of this
section.
    (iv) The 80-percent capture efficiency assumption is not applicable
in the event of testing conducted under an approved petition submitted
pursuant to paragraphs (e)(5)(ii) or (iii) of this section.
* * * * *

0
5. Section 63.1513 is amended by revising paragraph (f)(2) to read as
follows:

Sec.  63.1513  Equations for determining compliance.

* * * * *
    (f) * * *
    (2) For periods of startup and shutdown, divide your measured
emissions in lb/hr or [micro]g/hr or ng/hr by the feed/charge rate in
tons/hr or Mg/hr from your most recent performance test associated with
a production rate greater than zero, or the rated capacity of the
affected source if no prior performance test data are available.

0
6. Section 63.1514 is amended by revising paragraphs (e) heading and
(e)(1) to read as follows:

Sec.  63.1514  Change of furnace classification.

* * * * *
    (e) Limit on frequency of changing furnace operating mode. (1) A
change in furnace operating mode, which consists of changing from one
furnace operating mode to another and subsequently back to the initial
operating mode, as provided in paragraphs (a) through (d) of this
section, may not be done more frequently than 4 times in any 6-month
period unless you receive approval from the permitting authority or
Administrator for additional changes pursuant to paragraph (e)(2).
* * * * *

0
7. Section 63.1515 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  63.1515  Notifications.

* * * * *
    (b) Notification of compliance status report. Each owner or
operator of an existing affected source must submit a notification of
compliance status report within 60 days after the compliance date
established by Sec.  63.1501. Each owner or operator of a new affected
source must submit a notification of compliance status report within 90
days after conducting the initial performance test required by Sec.
63.1511(b), or within 90 days after the compliance date established by
Sec.  63.1501 if no initial performance test is required. The
notification must be signed by the responsible official who must
certify its accuracy. A complete notification of compliance status
report must include the information specified in paragraphs (a)(1)
through (10) of this section. The required information may be submitted
in an operating permit application, in an amendment to an operating
permit application, in a separate submittal, or in any combination. In
a State with an approved operating permit program where delegation of
authority under section 112(l) of the CAA has not been requested or
approved, the owner or operator must provide duplicate notification to
the applicable Regional Administrator. If an owner or operator submits
the information specified in this section at different times or in
different submittals, later submittals may refer to earlier submittals
instead of duplicating and resubmitting the information previously
submitted. A complete notification of compliance status report must
include:
* * * * *

0
8. Section 63.1516 is amended by revising paragraph (b)(3)(i)(A),
adding paragraph (b)(4), and revising paragraph (d) to read as follows:

Sec.  63.1516  Reports.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www3.epa.gov/ttn/chief/ert/ert_info.html), you must submit the
results of the performance test to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).)
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternate electronic file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT Web site. If you claim that some of the performance test
information being submitted is confidential business information (CBI),
you must submit a complete file generated through the use of the EPA's
ERT or an alternate electronic file consistent with the XML schema
listed on the EPA's ERT Web site, including information claimed to be
CBI, on a compact disc, flash drive, or other commonly used electronic
storage media to the EPA. The electronic media must be clearly marked
as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd.,
Durham, NC 27703. The same ERT or alternate file with the CBI omitted
must be submitted to the EPA via the EPA's CDX as described earlier in
this paragraph.
* * * * *
    (4) A malfunction report that is required under paragraph (d) of
this section shall be submitted

simultaneously with the semiannual excess emissions/summary report
required by paragraph (b) of this section.
* * * * *
    (d) If there was a malfunction during the reporting period, the
owner or operator must submit a report that includes the emission unit
ID, monitor ID, pollutant or parameter monitored, beginning date and
time of the event, end date and time of the event, cause of the
deviation or exceedance and corrective action taken for each
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must include a list of the affected source or equipment, an
estimate of the quantity of each regulated pollutant emitted over any
emission limit, and a description of the method used to estimate the
emissions, including, but not limited to, product-loss calculations,
mass balance calculations, measurements when available, or engineering
judgment based on known process parameters. The report must also
include a description of actions taken by an owner or operator during a
malfunction of an affected source to minimize emissions in accordance
with Sec.  63.1506(a)(5).
* * * * *

0
9. Section 63.1517 is amended by revising paragraph (b)(18)(ii) to read
as follows:

Sec.  63.1517  Records.

* * * * *
    (b) * * *
    (18) * * *
    (ii) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  63.1506(a)(5), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
* * * * *
0
10. Table 1 to Subpart RRR of part 63 is revised to read as follows:

BILLING CODE 6560-50-P

[GRAPHIC] [TIFF OMITTED] TR13JN16.012

[GRAPHIC] [TIFF OMITTED] TR13JN16.013

BILLING CODE 6560-50-C

0
11. Table 2 to Subpart RRR of part 63 is amended by revising the entry
``Group 1 furnace without add-on air pollution controls (including
those that are part of a secondary aluminum processing unit)'' to read
as follows:

 Table 2 to Subpart RRR of Part 63--Summary of Operating Requirements for New and Existing Affected Sources and
                                                 Emission Units
----------------------------------------------------------------------------------------------------------------
   Affected source/emission unit              Monitor type/operation/process            Operating requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Group 1 furnace without add-on air   Reactive flux injection rate...................  Maintain the total
 pollution controls (including                                                         reactive chlorine flux
 those that are part of a secondary                                                    injection rate and total
 aluminum processing unit).                                                            reactive fluorine flux
                                                                                injection rate for each
                                                                                operating cycle or time
                                                                                period used in the
                                                                                performance test at or
                                                                                below the average rate
                                                                                established during the
                                                                                performance test.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
12. Table 3 to Subpart RRR of part 63 is amended by:
0
a. Revising the entry ``In-line fluxer with lime-injected fabric
filter;''
0
b. Revising the entry ``Group 1 furnace with lime-injected fabric
filter:'' and
0
c. Revising footnote d to Table 3.
    The revisions read as follows:

 Table 3 to Subpart RRR of Part 63--Summary of Monitoring Requirements for New and Existing Affected Sources and
                                                 Emission Units
----------------------------------------------------------------------------------------------------------------
   Affected source/emission unit              Monitor type/operation/process            Operating requirements
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
In-line fluxer with lime-injected    Bag leak detector or...........................  Install and operate in
 fabric filter.                                                                        accordance with
                                                                                manufacturer's operating
                                                                                instructions.
                                     COM............................................  Design and install in
                                                                                accordance with PS-1;
                                                                                collect data in
                                                                                accordance with subpart A
                                                                                of 40 CFR part 63;
                                                                                determine and record 6-
                                                                                minute block averages.
                                     Reactive flux injection rate...................  Weight measurement device
                                                                                accuracy of 1%; \b\ calibrate
                                                                                according to
                                                                                manufacturer's
                                                                                specifications or at
                                                                                least once every 6
                                                                                months; record time,
                                                                                weight and type of
                                                                                reactive flux added or
                                                                                injected for each 15-
                                                                                minute block period while
                                                                                reactive fluxing occurs;
                                                                                calculate and record
                                                                                total reactive chlorine
                                                                                flux injection rate and
                                                                                the total reactive
                                                                                fluorine flux injection
                                                                                rate for each operating
                                                                                cycle or time period used
                                                                                in performance test; or
                                                                                Alternative flux
                                                                                injection rate
                                                                                determination procedure
                                                                                per Sec.   63.1510(j)(5).
                                                                                For solid flux added
                                                                                intermittently, record
                                                                                the amount added for each
                                                                                operating cycle or time
                                                                                period used in the
                                                                                performance test.

                                                  * * * * * * *
Group 1 furnace with lime-injected   Bag leak detector or...........................  Install and operate in
 fabric filter.                                                                        accordance with
                                                                                manufacturer's operating
                                                                                instructions.
                                     COM............................................  Design and install in
                                                                                accordance with PS-1;
                                                                                collect data in
                                                                                accordance with subpart A
                                                                                of 40 part CFR 63;
                                                                                determine and record 6-
                                                                                minute block averages.
                                     Lime injection rate............................  For continuous injection
                                                                                systems, record feeder
                                                                                setting daily and inspect
                                                                                each feed hopper or silo
                                                                                every 8 hours to verify
                                                                                that lime is free-
                                                                                flowing; record results
                                                                                of each inspection. If
                                                                                blockage occurs, inspect
                                                                                every 4 hours for 3 days;
                                                                                return to 8-hour
                                                                                inspections if corrective
                                                                                action results in no
                                                                                further blockage during 3-
                                                                                day period.\c\ Verify
                                                                                monthly that the lime
                                                                                injection rate is no less
                                                                                than 90 percent of the
                                                                                rate used during the
                                                                                compliance demonstration
                                                                                test.
                                     Reactive flux injection rate...................  Weight measurement device
                                                                                accuracy of 1%; \b\ calibrate
                                                                                every 3 months; record
                                                                                weight and type of
                                                                                reactive flux added or
                                                                                injected for each 15-
                                                                                minute block period while
                                                                                reactive fluxing occurs;
                                                                                calculate and record
                                                                                total reactive chlorine
                                                                                flux injection rate and
                                                                                the total reactive
                                                                                fluorine flux injection
                                                                                rate for each operating
                                                                                cycle or time period used
                                                                                in performance test; or
                                                                                Alternative flux
                                                                                injection rate
                                                                                determination procedure
                                                                                per Sec.   63.1510(j)(5).
                                                                                For solid flux added
                                                                                intermittently, record
                                                                                the amount added for each
                                                                                operating cycle or time
                                                                                period used in the
                                                                                performance test.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\b\ Permitting agency may approve measurement devices of alternative accuracy, for example in cases where flux
  rates are very low and costs of meters of specified accuracy are prohibitive; or where feed/charge weighing
  devices of specified accuracy are not practicable due to equipment layout or charging practices.

\c\ Permitting authority for major sources, or the Administrator for area sources may approve other alternatives
  including load cells for lime hopper weight, sensors for carrier gas pressure, or HCl monitoring devices at
  fabric filter outlet.
\d\ The frequency of volumetric flow rate measurements may be decreased to once every 5 years if daily
  differential pressure measures, daily fan RPM, or daily fan motor amp measurements are made in accordance with
  Sec.   63.1510(d)(2)(ii)-(iii). The frequency of annual verification of a permanent total enclosure may be
  decreased to once every 5 years if negative pressure measurements in the enclosure are made daily in
  accordance with Sec.   63.1510(d)(2)(iv). In lieu of volumetric flow rate measurements or verification of
  permanent total enclosure, sweat furnaces may demonstrate annually negative air flow into the sweat furnace
  opening in accordance with Sec.   63.1510(d)(3).

 * * * * * * *

0
13. Revise Appendix A to Subpart RRR of part 63 to read as follows:

              Appendix A to Subpart RRR of Part 63--General Provisions Applicability to Subpart RRR
----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement             Applies to RRR              Comment
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(4)................  General Applicability..  Yes....................
Sec.   63.1(a)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.1(a)(6)....................  .......................  Yes....................
Sec.   63.1(a)(7)-(9)................  .......................  No.....................  [Reserved].
Sec.   63.1(a)(10)-(12)..............  .......................  Yes....................
Sec.   63.1(b).......................  Initial Applicability    Yes....................  EPA retains approval
                                        Determination.                                    authority.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................
                                        Standard Established.
Sec.   63.1(c)(2)....................  .......................  Yes....................  Sec.   63.1500(e)
                                                                                exempts area sources
                                                                                subject to this
                                                                                subpart from the
                                                                                obligation to obtain
                                                                                Title V operating
                                                                                permits.
Sec.   63.1(c)(3)-(4)................  .......................  No.....................  [Reserved].
Sec.   63.1(c)(5)....................  .......................  Yes....................
Sec.   63.1(d).......................  .......................  No.....................  [Reserved].
Sec.   63.1(e).......................  Applicability of Permit  Yes....................
                                        Program.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                in Sec.   63.1503.
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec.   63.4(a)(3)-(5)................  .......................  No.....................  [Reserved].
Sec.   63.4(b).......................  Circumvention..........  Yes....................
Sec.   63.4(c).......................  Fragmentation..........  Yes....................
Sec.   63.5(a).......................  Applicability of         Yes....................
                                        Preconstruction Review
                                        and Notification.
Sec.   63.5(b)(1)....................  Requirements for         Yes....................
                                        Existing, Newly,
                                        Constructed Sources
                                        and Reconstructed
                                        Sources.
Sec.   63.5(b)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.5(b)(3)-(4)................  .......................  Yes....................
Sec.   63.5(b)(5)....................  .......................  No.....................  [Reserved].
Sec.   63.5(b)(6)....................  .......................  Yes....................
Sec.   63.5(c).......................  .......................  No.....................  [Reserved].
Sec.   63.5(d).......................  Application for          Yes....................
                                        Approval of
                                        Construction or
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction or
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction or
                                        Reconstruction Based
                                        on Prior State
                                        Preconstruction Review.
Sec.   63.6(a).......................  Applicability for        Yes....................
                                        Compliance with
                                        Standards and
                                        Maintenance
                                        Requirements.
Sec.   63.6(b)(1)-(5)................  Compliance Dates for     Yes....................  Sec.   63.1501
                                        New and Reconstructed                             specifies dates.
                                        Sources.
Sec.   63.6(b)(6)....................  .......................  No.....................  [Reserved].
Sec.   63.6(b)(7)....................  .......................  Yes....................
Sec.   63.6(c)(1)....................  Compliance Dates for     Yes....................  Sec.   63.1501
                                        Existing Sources.                                 specifies dates.
Sec.   63.6(c)(2)....................  .......................  Yes....................
Sec.   63.6(c)(3)-(4)................  .......................  No.....................  [Reserved].
Sec.   63.6(c)(5)....................  .......................  Yes....................
Sec.   63.6(d).......................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(1)(i).................  Operation and            No.....................  See Sec.
                                        Maintenance                                       63.1506(a)(5) for
                                        Requirements.                                     general duty
                                                                                requirement. Any other
                                                                                cross reference to
                                                                                Sec.   63.6(3)(1)(i)
                                                                                in any other general
                                                                                provision referenced
                                                                                shall be treated as a
                                                                                cross reference to
                                                                                Sec.   63.1506(a)(5).

Sec.   63.6(e)(1)(ii)................  .......................  No.....................
Sec.   63.6(e)(2)....................  .......................  No.....................  [Reserved].
Sec.   63.6(e)(3)....................  Startup, Shutdown, and   No.....................
                                        Malfunction Plan.
Sec.   63.6(f)(1)....................  Compliance with          No.....................
                                        Nonopacity Emission
                                        Standards.
Sec.   63.6(f)(2)....................  .......................  Yes....................
Sec.   63.6(g).......................  Use of an Alternative    No.....................
                                        Nonopacity Emission
                                        Standard.
Sec.   63.6(h)(1)....................  Applicability for        No.....................
                                        Compliance with
                                        Opacity and Visible
                                        Emission Standards.
Sec.   63.6(h)(2)....................  Methods for Determining  Yes....................
                                        Compliance.
Sec.   63.6(h)(3)....................  .......................  No.....................  [Reserved].
Sec.   63.6(h)(4)-(9)................  .......................  Yes....................
Sec.   63.6(i)(1)-(14)...............  Extension of Compliance  Yes....................
Sec.   63.6(i)(15)...................  .......................  No.....................  [Reserved].
Sec.   63.6(i)(16)...................  .......................  Yes....................
Sec.   63.6(j).......................  Exemption from           Yes....................
                                        Compliance.
Sec.   63.7(a).......................  Applicability and        Yes....................  Except Sec.   63.1511
                                        Performance Test Dates.                           establishes dates for
                                                                                initial performance
                                                                                tests.
Sec.   63.7(b).......................  Notification of          Yes....................
                                        Performance Test.
Sec.   63.7(c).......................  Quality Assurance        Yes....................
                                        Program.
Sec.   63.7(d).......................  Performance Testing      Yes....................
                                        Facilities.
Sec.   63.7(e)(1)....................  Conduct of Performance   No.....................
                                        Tests.
Sec.   63.7(e)(2)....................  .......................  Yes....................
Sec.   63.7(e)(3)....................  .......................  Yes....................
Sec.   63.7(f).......................  Use of an Alternative    Yes....................
                                        Test Method.
Sec.   63.7(g)(1)-(3)................  Data Analysis,           Yes....................  Except for Sec.
                                        Recordkeeping, and                                63.7(g)(2), which is
                                        Reporting.                                        reserved.
Sec.   63.7(h)(1)-(5)................  Waiver of Performance    Yes....................
                                        Tests.
Sec.   63.8(a)(1)....................  Applicability for        Yes....................
                                        Monitoring
                                        Requirements.
Sec.   63.8(a)(2)....................  .......................  Yes....................
Sec.   63.8(a)(3)....................  .......................  No.....................  [Reserved].
Sec.   63.8(a)(4)....................  .......................  Yes....................
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec.   63.8(c)(1)(i).................  Operation and            No.....................  See Sec.
                                        Maintenance of                                    63.1506(a)(5) for
                                        Continuous Monitoring                             general duty
                                        Systems (CMS).                                    requirement.
Sec.   63.8(c)(1)(ii)................  .......................  Yes....................
Sec.   63.8(c)(1)(iii)...............  .......................  No.....................
Sec.   63.8(c)(2)-(8)................  .......................  Yes....................
Sec.   63.8(d)(1)-(2)................  Quality Control Program  Yes....................
Sec.   63.8(d)(3)....................  .......................  Yes, except for last
                                                                 sentence, which refers
                                                                 to an SSM plan. SSM
                                                                 plans are not required.
Sec.   63.8(e).......................  Performance Evaluation   Yes....................
                                        of CMS.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    No.....................  Sec.   63.1501(w)
                                        Monitoring Method.                                includes provisions
                                                                                for monitoring
                                                                                alternatives.
Sec.   63.8(f)(6)....................  Alternative to the       Yes....................
                                        Relative Accuracy Test.
Sec.   63.8(g)(1)....................  Reduction of Monitoring  Yes....................
                                        Data.
Sec.   63.8(g)(2)....................  .......................  No.....................  Sec.   63.1512 requires
                                                                                five 6-minute averages
                                                                                for an aluminum scrap
                                                                                shredder.
Sec.   63.8(g)(3)-(5)................  .......................  Yes....................
Sec.   63.9(a).......................  Applicability and        Yes....................
                                        General Information
                                        for Notification
                                        Requirements.
Sec.   63.9(b)(1)-(5)................  Initial Notifications..  Yes....................  Except Sec.
                                                                                63.9(b)(3) is
                                                                                reserved.
Sec.   63.9(c).......................  Request for Compliance   Yes....................
                                        Extension.
Sec.   63.9(d).......................  Notification that        Yes....................
                                        Source is Subject to
                                        Special Compliance
                                        Requirements.
Sec.   63.9(e).......................  Notification of          Yes....................
                                        Performance Test.
Sec.   63.9(f).......................  Notification of Opacity  Yes....................
                                        and Visible Emission
                                        Observations.
Sec.   63.9(g).......................  Additional Notification  Yes....................
                                        Requirement for
                                        Sources with CMS.

Sec.   63.9(h)(1)-(3)................  Notification of          Yes....................  Except Sec.   63.1515
                                        Compliance Status.                                establishes dates
                                                                                notification of
                                                                                compliance status
                                                                                reports.
Sec.   63.9(h)(4)....................  .......................  No.....................  [Reserved].
Sec.   63.9(h)(5)-(6)................  .......................  Yes....................
Sec.   63.9(i).......................  Adjustment of Deadlines  Yes....................
                                        for Required
                                        Communications.
Sec.   63.9(j).......................  Change in Information    Yes....................
                                        Already Provided.
Sec.   63.10(a)......................  Applicability and        Yes....................
                                        General Information
                                        for Recordkeeping and
                                        Reporting Requirements.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................
                                        Requirements.
Sec.   63.10(b)(2)(i), (ii), (iv),     .......................  No.....................
 (v).
Sec.   63.10(b)(2)(iii), (vi)-(xiv)..  .......................  Yes....................  Sec.   63.1517 includes
                                                                                additional
                                                                                requirements.
Sec.   63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirement for
                                        Applicability
                                        Determinations.
Sec.   63.10(c)(1)...................  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(c)(2)-(4)...............  .......................  No.....................  [Reserved].
Sec.   63.10(c)(5)...................  .......................  Yes....................
Sec.   63.10(c)(6)...................  .......................  Yes....................
Sec.   63.10(c)(7)-(8)...............  .......................  Yes....................
Sec.   63.10(c)(9)...................  .......................  No.....................  [Reserved].
Sec.   63.10(c)(10)-(13).............  .......................  Yes....................
Sec.   63.10(c)(14)..................  .......................  Yes....................
Sec.   63.10(c)(15)..................  .......................  No.....................
Sec.   63.10(d)(1)...................  General Reporting        Yes....................
                                        Requirements.
Sec.   63.10(d)(2)...................  Reporting Results of     Yes....................
                                        Performance Tests.
Sec.   63.10(d)(3)...................  Reporting Results of     Yes....................
                                        Opacity or Visible
                                        Emission Observations.
Sec.   63.10(d)(4)...................  Progress Reports.......  No.....................  See Sec.   63.1516(d).
Sec.   63.10(d)(5)...................  Periodic Startup,        No.....................  See Sec.   63.1516(d).
                                        Shutdown, and
                                        Malfunction Reports.
Sec.   63.10(e)(1)-(2)...............  Additional Reporting     Yes....................
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(e)(3)...................  Excess Emissions and     Yes....................  Reporting deadline
                                        CMS Performance Report                            given in Sec.
                                        and Summary Report.                               63.1516.
Sec.   63.10(e)(4)...................  Continuous Opacity       Yes....................
                                        Monitoring System
                                        (COMS) Data Produced
                                        During a Performance
                                        Test.
Sec.   63.10(f)......................  Waiver of Recordkeeping  Yes....................
                                        or Reporting
                                        Requirements.
Sec.   63.11(a)-(e)..................  Control Device and Work  No.....................  Flares not applicable.
                                        Practice Requirements.
Sec.   63.12(a)-(c)..................  State Authority and      Yes....................  EPA retains authority
                                        Delegations.                                      for applicability
                                                                                determinations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  Incorporations by        Yes....................  ACGIH Guidelines, ASTM
                                        Reference.                                        D7520-13, and Interim
                                                                                Procedures for
                                                                                Estimating Risks
                                                                                Associated with
                                                                                Exposures to Mixtures
                                                                                of Chlorinated Dibenzo-
                                                                                p-Dioxins and -
                                                                                Dibenzofurans (CDDs
                                                                                and CDFs) and 1989
                                                                                Update.
Sec.   63.15.........................  Availability of          Yes....................
                                        Information and
                                        Confidentiality.
Sec.   63.16.........................  Performance Track        No.....................
                                        Provisions.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-13505 Filed 6-10-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47569-47571]
[FR Doc No: 2018-20480]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0435; FRL-9983-35--Region 6]

Approval and Promulgation of Implementation Plans; Arkansas;
Interstate Transport Requirements for the 2012 PM2.5 NAAQS and
Definition Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of the
Arkansas State Implementation Plan (SIP) submittal addressing the CAA
requirement that SIPs address the potential for interstate transport of
air pollution to significantly contribute to nonattainment or interfere
with maintenance of the 2012 fine particulate matter (PM2.5)
National Ambient Air Quality Standard (NAAQS) in other states. EPA
finds that emissions from Arkansas sources do not contribute
significantly to nonattainment in, or interfere with maintenance by,
any other state with regard to the 2012 PM2.5 NAAQS. The EPA
is also approving a revision to update incorporation by reference of
NAAQS germane to the Arkansas SIP.

DATES: This final rule is effective on November 7, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No EPA-R06-OAR-2017-0435. All documents in the docket are
listed on the http://www.regulations.gov 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 http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Sherry Fuerst,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA. We selected a November 7, 2018 effective date
for this final rule in order for the CFR to reflect this approval and
our August 8, 2018 approval of Arkansas Regulation 19 Chapter 2 (83 FR
38964) which has an effective date of November 6, 2018.

I. Background

    The background for this action is discussed in detail in our June
26, 2018 proposal (83 FR 30622). In that document we proposed to
approve portions of Arkansas' State Implementation Plan (SIP) March 24,
2017 submittal, that addresses a CAA requirement that SIPs account for
potential interstate transport of air pollution that significantly
contributes to nonattainment or interferes with maintenance of the 2012
PM2.5 NAAQS in other states. We proposed to determine that
emissions from Arkansas sources do not contribute significantly to
nonattainment in, or interfere with maintenance by, any other state
with regard to the 2012 PM2.5 NAAQS. We also proposed to
approve updates to that

definition of NAAQS and the NAAQS list.\1\
---------------------------------------------------------------------------

    \1\ In a separate action we approved other revisions to
definitions in the Arkansas SIP (83 FR 38964, August 8, 2018).
---------------------------------------------------------------------------

    We received four anonymous public comments on the proposed
rulemaking action. The comments are posted to the docket (EPA-R06-OAR-
2017-0435). In the first comment, received on July 31, 2018, the
commenter discusses the costs of renewable energy in Europe and in the
northeast United States. Such comment is irrelevant and is outside the
scope of this specific rule making action. In the second comment,
received July 31, 2018 the commenter discusses the use of child labor
in rare earth mining, and the dangers associated with this type of
mining. Such comment is irrelevant and outside the scope of this
specific rule making action. In the third comment, received July 31,
2018 the commenter discusses the CO2 emissions produced by forest
fires. Such comment is irrelevant and outside the scope of this
specific rule making action. In the fourth comment, received on July
31, 2018, the commenter provided personal observations regarding the
Administration. Such comments are irrelevant and outside the scope of
this specific rule making action. Since these comments are not relevant
to the specific action EPA proposed, the EPA will not be responding to
these comments or making any changes to our proposed rulemaking.

II. Final Action

    Pursuant to section 110 of the CAA we are approving the following
revisions to the Arkansas SIP submitted on March 24, 2017:
     The portion of the Arkansas SIP submittal, pertaining to
interstate transport of air pollution, that establishes emissions from
Arkansas will not significantly contribute to nonattainment or
interfere with maintenance of the 2012 PM2.5 NAAQS in any
other state.
     The portion of the Arkansas SIP submittal that revised the
definition of NAAQS in Regulation 19, Chapter 2 and revised the entry
for ``Particle Pollution, PM2.5'' in Regulation 19, Appendix
B.
    We find that emissions from Arkansas sources do not contribute
significantly to nonattainment in, or interfere with maintenance by,
any other state with regard to the 2012 PM2.5 NAAQS.

III. 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 the
revisions to the Arkansas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Sherry Fuerst,<PHONE_NUMBER>,
[email protected] for more information). Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
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, this action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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
     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).
    In addition, the SIP is not approved to 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 November 19, 2018. 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 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.

    Dated: September 13, 2018.
Anne Idsal,
Regional Administrator, Region 6.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart E--Arkansas

0
2. In Sec.  52.170:
0
a. In paragraph (c), the table titled ``EPA-Approved Regulations in the
Arkansas SIP'' is amended by revising the entries under Regulation 19
for Chapter 2 and Appendix B; and
0
b. I paragraph (e), the second table titled ``EPA-Approved Non-
Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas
SIP'' is amended by revising the entry for ``Infrastructure for the
2012 PM2.5 NAAQS''.
    The revisions read as follows:

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject       submittal/     EPA approval date       Explanation
                                                        effective date
----------------------------------------------------------------------------------------------------------------
         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2........................  Definitions........       3/24/2017  8/8/2018, 83 FR      The definition of
                                                                         38964.               VOC was approved
                                                                                on 12/21/2017 (82
                                                                                FR 60517). The
                                                                                definition of
                                                                                National Ambient
                                                                                Air Quality
                                                                                Standards was
                                                                                approved on 9/20/
                                                                                2018, [Insert
                                                                                Federal Register
                                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Appendix B: National Ambient Air Quality Standards List
----------------------------------------------------------------------------------------------------------------
Appendix B.......................  National Ambient          3/24/2017  8/8/2018, 83 FR      The revision to
                                    Air Quality                          38964.               Particle
                                    Standards List.                                           Pollution, PM2.5
                                                                                was approved on 9/
                                                                                20/2018, [Insert
                                                                                Federal Register
                                                                                citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date       Explanation
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure for the 2012 PM2.5  Statewide..........       3/24/2017  2/14/2018, 83 FR     Approval for
 NAAQS.                                                                  6470.                110(a)(2)(A), (B),
                                                                                (C), (D)(i)
                                                                                (portion
                                                                                pertaining to
                                                                                PSD), (D)(ii),
                                                                                (E), (F), (G),
                                                                                (H), (J), (K), (L)
                                                                                and (M).
                                                                                Approval for
                                                                                110(a)(2)(D)(i)(I)
                                                                                (significant
                                                                                contribution to
                                                                                nonattainment or
                                                                                interfere with
                                                                                maintenance in any
                                                                                other state) on 9/
                                                                                20/2018, [Insert
                                                                                Federal Register
                                                                                citation].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-20480 Filed 9-19-18; 8:45 am]
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[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Notices]
[Page 72351]
[FR Doc No: 2019-28258]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-26-000]

Notice of Request Under Blanket Authorization; Dominion Energy
Transmission, Inc.

    Take notice that on December 16, 2019, Dominion Energy
Transmission, Inc, 120 Tredegar Street, Richmond, Virginia 23219, filed
in Docket No. CP20-26-000 a prior notice request pursuant to sections
157.205, 157.213 and 157.216 of the Commission's regulations, seeking
authorization to abandon, reconfigure, and relocate certain natural gas
storage wells and associated pipelines within its Bridgeport Storage
Field due to a proposed mixed-use development in Bridgeport, Harrison
County, West Virginia, all as more fully set forth in the application
which is on file with the Commission and open to public inspection. The
filing may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Kenan
W. Carioti, Regulatory & Certificates Analyst III, Dominion Energy
Transmission, Inc., 707 East Main Street, Richmond, Virginia 23219, by
phone at<PHONE_NUMBER>, or by email are
<EMAIL_ADDRESS>    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commenter's will not be required to serve
copies of filed documents on all other parties. However, the non-party
commenters, will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426.

    Dated: December 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-28258 Filed 12-30-19; 8:45 am]
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