Approval and Promulgation of State Implementation Plans; Arkansas; Recodification of Air Quality Control Regulations and Correction of Sulfur Dioxide Enforceability Deficiencies

On April 10, 1998 (63 FR 17680), EPA published a direct final approval and a proposed approval (63 FR 17793), of a revision to the Arkansas State Implementation Plan (SIP) which added Arkansas Department of Pollution Control and Ecology Regulation #19, ``Compilation of Regulations of the Arkansas State Implementation Plan for Air Pollution Control,'' as adopted by the Arkansas Commission on Pollution Control and Ecology on July 24, 1992, and submitted to EPA on September 14, 1992. The direct final action was published without prior proposal because the Agency anticipated no adverse comments. The EPA received adverse comments on the two April 10, 1998, actions. The commenters asked EPA not to consider the regulation as a revision to the Arkansas SIP. In addition, EPA also received a letter from the Governor of Arkansas dated May 8, 1998, requesting that the Federal Register approval of the 1992 Regulation #19 be withdrawn and that the 1992 submittal be returned to the State. Therefore, Region 6 is withdrawing its direct final approval action by removing the amendments made by the direct final rule and restoring the regulatory text that existed prior to the direct final rule, and returning the 1992 Regulation #19 submittal to the State, thereby mooting the proposed approval action. No further action will be taken by EPA on this September 14, 1992, SIP revision submittal. The Arkansas regulations approved by EPA in 1975 and last approved by EPA at 40 CFR 52.170(c)(27) in 1991 will continue to be the Arkansas SIP-approved regulations.