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The United States Environmental Protection Agency (“EPA”) announced the availability of prepublication documents which:
Approves revisions to the State of Arkansas’s Clean Air Plan for Regional Haze (and withdrawing the Federal Implementation Plan)
Approves Arkansas’s Interstate Visibility Transport Provisions
Both prepublication documents will be published in an upcoming Federal Register volume.
The Federal Regional Haze Program is driven by 169A of the Clean Air Act. Congress sought to address visibility in mandatory Class I areas in which an impairment results from manmade air pollution.
Section 169A requires that certain sources contributing to visibility impairment install BART. The states are responsible for determining the appropriate BART controls for certain stationary sources. EPA reviews the states’ State Implementation Plan (“SIP”) submissions for consistency with the relevant regulations.