80_FR_67859 80 FR 67647 - Approval and Promulgation of Air Quality Implementation Plans; Oklahoma

80 FR 67647 - Approval and Promulgation of Air Quality Implementation Plans; Oklahoma

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 212 (November 3, 2015)

Page Range67647-67652
FR Document2015-27918

Under the Federal Clean Air Act (CAA or Act) the Environmental Protection Agency (EPA) is approving revisions to the Oklahoma State Implementation Plan (SIP) submitted by the State of Oklahoma designee. The revisions are administrative in nature and modify redundant or erroneous text within the SIP. The revisions also incorporate new definitions and the current national ambient air quality standards (NAAQS) for four criteria pollutants; delete a subchapter that addresses motor vehicle pollution control devices; and add requirements for certain incinerators.

Federal Register, Volume 80 Issue 212 (Tuesday, November 3, 2015)
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67647-67652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27918]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2011-0034; FRL-9936-37-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Under the Federal Clean Air Act (CAA or Act) the Environmental 
Protection Agency (EPA) is approving revisions to the Oklahoma State 
Implementation Plan (SIP) submitted by the State of Oklahoma designee. 
The revisions are administrative in nature and modify redundant or 
erroneous text within the SIP. The revisions also incorporate new 
definitions and the current national ambient air quality standards 
(NAAQS) for four criteria pollutants; delete a subchapter that 
addresses motor vehicle pollution control devices; and add requirements 
for certain incinerators.

DATES: This rule is effective on January 4, 2016 without further 
notice, unless EPA receives relevant adverse comment

[[Page 67648]]

by December 3, 2015. If EPA receives such comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0034, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Carrie Paige at [email protected].
     Mail: Guy Donaldson, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0034. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information the disclosure of which 
is restricted by statute. Do not submit information through 
www.regulations.gov or email, if you believe that it is CBI or 
otherwise protected from disclosure. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means that EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment along with 
any disk or CD-ROM submitted. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters and any form of encryption and should be 
free of any defects or viruses. For additional information about EPA's 
public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Carrie Paige, (214) 665-6521 or 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with her or Mr. Bill Deese at (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means the EPA.

I. Background

    Section 110 of the Act requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's NAAQS. These ambient standards are established under section 109 
of the Act and they currently address six criteria pollutants: Carbon 
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur 
dioxide. The state's air regulations are contained in its SIP, which is 
basically a clean air plan. Each state is responsible for developing 
SIPs to demonstrate how the NAAQS will be achieved, maintained, and 
enforced. The SIP must be submitted to EPA for approval and any changes 
a state makes to the approved SIP also must be submitted to the EPA for 
approval.
    The Secretary of the Oklahoma Department of Environmental Quality 
(ODEQ) submitted revisions for approval by EPA on July 16th and 
December 27th of 2010, February 6, 2012, and January 18, 2013. The 
revisions address air pollution regulations and control strategies 
codified in the Oklahoma Administrative Code (OAC) under Title 252 
(DEQ), Chapter 100 (Air Pollution Control). Three of the four 
submittals include revisions that address air permitting and 
incorporate by reference applicable provisions of Title 40 of the Code 
of Federal Regulations (denoted 40 CFR). These revisions can be 
evaluated independently (i.e., are severable) and will be evaluated in 
separate actions. Further, we are not acting on submitted revisions to 
the State's NOx rules because these revisions can be evaluated 
independently and we will consider these rule revisions in a separate 
action. Table C-1 in the Technical Support Document (TSD) lists the 
four submittals and identifies which portions are evaluated in this 
rulemaking action and which will be evaluated in separate actions.\1\ 
The revisions under evaluation in Section II of this action apply to 
the following sections within Chapter 100: Subchapter 15 (Motor Vehicle 
Pollution Control Devices); subchapter 17 (Incinerators); subchapter 19 
(Control of Emission of Particulate Matter); subchapter 25 (Visible 
Emissions and Particulates); appendices A and B within subchapter 17; 
appendices C, D, and G within subchapter 19; and appendices E and F 
within subchapter 3 (Air Quality Standards and Increments).\2\
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    \1\ The TSD is provided in the docket for this rulemaking.
    \2\ The cover letter for the January 18, 2013 submittal lists 
revisions to subchapter 31, but no such revisions were provided in 
the submittal package; therefore, they are not before EPA for 
consideration.
---------------------------------------------------------------------------

    The substantive revisions in the four submittals before us include 
incorporation of new definitions; updating the SIP with the current 
NAAQS for lead, ozone, nitrogen dioxide (NO2) and sulfur 
dioxide (SO2); and adding specific requirements for certain 
incinerators. The non-substantive revisions delete redundant 
definitions; move certain definitions into other locations within the 
SIP; and correct erroneous text.
    The criteria used to evaluate these SIP revisions are found 
primarily in section 110 of the CAA. Section 110(l) requires that a SIP 
revision submitted to EPA be adopted after reasonable notice and public 
hearing and also requires that EPA not approve a SIP revision if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA. Our TSD contains a detailed evaluation of the 
revisions, describing how each revision meets the requirements for SIP 
approval.

II. EPA's Evaluation of the Revisions

    A synopsis of the submitted revisions and our evaluation follows.

A. Subchapter 15, Motor Vehicle Pollution Control Devices

    The ODEQ removes subchapter 15 in its entirety. Subchapter 15 is 
duplicative of section 203 of the CAA. Subchapter 15 was not ever 
required to be in the Oklahoma SIP and did not supersede or otherwise 
modify requirements for pollution control devices on motor vehicles.\3\ 
In addition, subchapter 15 was not used as a source of emission 
reductions and did not contribute toward attainment in Oklahoma (see 45 
FR 79051, November 28, 1980). The

[[Page 67649]]

State's annual motor vehicle inspection and emission anti-tampering 
rules remain in the SIP (see 61 FR 7709, February 29, 1996). Removal of 
subchapter 15 from the SIP does not constitute loss in emission 
reductions because such rules are in place and enforceable at the 
federal level.
---------------------------------------------------------------------------

    \3\ Section 203 of the CAA prohibits tampering with any device 
or element of design installed on or in a motor vehicle or motor 
vehicle engine in compliance with motor vehicle emission standards.
---------------------------------------------------------------------------

B. Subchapter 17, Incinerators

    Part 1 clarifies that incinerators used to generate useful heat 
energy are subject to all applicable requirements of subchapter 17. 
Part 3 adds specificity by identifying the applicable sources; 
clarifying existing definitions and requirements; expanding incinerator 
design requirements to include operation requirements; and adding 
definitions for ``Particulate matter'' and ``Secondary combustion 
chamber.'' Other revisions to parts 1 and 3 are non-substantive and 
delete redundant text.
    A new part 4 addresses biomedical waste incinerators. The new terms 
and definitions, design and operation, and emission limits are 
consistent with EPA's Standards of Performance for New Stationary 
Sources: Hospital/Medical/Infectious Waste Incinerators (see 74 FR 
51368, October 6, 2009 and 40 CFR 60.51c), and EPA's Standards Of 
Performance for Incinerators at 40 CFR 60, Subpart E.
    The ODEQ removes appendix B, renames appendix A, and moves the 
appendix B formulas into A. A typographical error was corrected. There 
were no changes to the allowable emission rates.

C. Subchapter 19, Control of Emissions of Particulate Matter

    The ODEQ submits new definitions for ``Condensable particulate 
matter,'' ``Filterable particulate matter,'' and ``Total particulate 
matter.'' They are consistent with the definitions addressing 
particulate matter at 40 CFR 51.100. Other revisions to this subchapter 
clarify that the particulate matter (PM) emission rates in this 
subchapter refer to condensable and filterable PM.
    The submitted revisions also address appendices C, D and G within 
subchapter 19. The revisions are confined to retitling the appendices, 
such that each now includes ``particulate matter'' in its title.

D. Subchapter 25, Visible Emissions and Particulates

    The submitted revisions include a non-substantive edit to style and 
the correction of an error in a citation at 100-25-3(b)(3). These 
revisions to subchapter 25 provide consistency and accuracy.

E. Appendix E (Primary Ambient Air Quality Standards) and Appendix F 
(Secondary Ambient Air Quality Standards)

    The ODEQ revised appendices E and F for the 2008 NAAQS for ozone 
\4\ and lead and the 2010 NAAQS for NO2 and SO2.
---------------------------------------------------------------------------

    \4\ On October 1, 2015, the EPA announced its decision to 
strengthen the ozone NAAQS, which does not obstruct our action here. 
See [http://www3.epa.gov/airquality/ozonepollution/actions.html#sep2015]. Because Oklahoma elects to have its SIP refer 
to specific iterations of the NAAQS, it will need to revise it from 
time to time to reflect the current NAAQS.
---------------------------------------------------------------------------

F. Consistency With Section 110(l) of the CAA

    The submitted revisions addressed in today's rulemaking provide 
consistency with the NAAQS and EPA's rules regarding incinerators, and 
provide clarity and accuracy, thus improving the Oklahoma SIP. These 
revisions will not interfere with any applicable requirement regarding 
attainment or any other applicable requirement of the CAA and are 
consistent with section 110(l) of the Act.

III. Final Action

    The EPA is approving all or parts of four Oklahoma SIP submittals. 
Specifically, we are approving the portions of the July 16, 2010 
submittal that revise appendices C, D, E, F and G and subchapters 19 
and 25. We are also approving in whole the December 27, 2010 submittal 
that revises subchapter 15 and appendices E and F. We are also 
approving the portion of the February 6, 2012 submittal that revises 
appendix E. We are also approving the portion of the January 18, 2013 
submittal that revises subchapter 17 and appendices A and B. The EPA is 
approving these SIP revisions in accordance with the requirements of 
the CAA.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on January 4, 2016 
without further notice unless we receive adverse comment by December 3, 
2015. If we receive adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, we may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, we are finalizing the incorporation by reference of the 
revisions to the Oklahoma regulations as described in the preceding 
Final Action section. We have made, and will continue to make, these 
documents generally available electronically through www.regulation.gov 
and/or in hard copy at the EPA Region 6 office.

V. 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, 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:
     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);
     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, as 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

[[Page 67650]]

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 rule 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 4, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 20, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart LL --Oklahoma

0
2. In Sec.  52.1920, the table in paragraph (c) under the heading 
entitled ``Chapter 100 (OAC 252:100). Air Pollution Control'' is 
amended by:
0
a. Removing the heading entitled ``Subchapter 15. Motor Vehicle 
Pollution Control Devices'' and the entries under this heading;
0
b. Revising entries for ``252:100-17-1'' and ``252:100-17-1.1'';
0
c. Removing the entry for ``252:100-17-1.2'';
0
d. Adding an entry for ``252:100-17-1.3'' in numerical order;
0
e. Revising entries for ``252:100-17-2'', ``252:100-17-2.1'', 
``252:100-17-2.2'', ``252:100-17-4'', ``252:100-17-5'', ``252:100-17-
5.1'', and ``252:100-17-7'';
0
f. Adding the heading entitled ``Part 4. Biomedical Waste 
Incinerators'' and entries for ``252:100-17-8'', ``252:100-17-9'', 
``252:100-17-10'', and ``252:100-17-11'' in numerical order;
0
g. Revising entries for ``252:100-19-1.1'' and ``252:100-19-11'';
0
h. Revising the entry for ``252:100-25-3'';
0
i. Revising the entry for ``252:100, Appendix A'';
0
j. Removing the entry for ``252:100, Appendix B''; and
0
k. Revising entries for ``252:100, Appendix C'', ``252:100, Appendix 
D'', ``252:100, Appendix E'', ``252:100, Appendix F'', and ``252:100, 
Appendix G''.
    The revisions and additions read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                           State
         State citation              Title/Subject    effective date   EPA Approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Subchapter 17. Incinerators
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-17-1....................  Purpose...........       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-1.1..................  Reference to 40          7/11/2010  11/3/2015            .....................
                                   CFR.                               [Insert Federal
                                                                       Register citation]
252:100-17-1.3..................  Incinerators and         7/11/2010  11/3/2015            .....................
                                   fuel-burning                       [Insert Federal
                                   equipment or                        Register citation]
                                   units.
----------------------------------------------------------------------------------------------------------------
                                              Part 3. Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-2....................  Applicability.....       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]

[[Page 67651]]

 
252:100-17-2.1..................  Exemptions........       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-2.2..................  Definitions.......       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-17-4....................  Particulate matter       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-5....................  Incinerator design       7/11/2010  11/3/2015            .....................
                                   and operation                      [Insert Federal
                                   requirements.                       Register citation]
252:100-17-5.1..................  Alternative              7/11/2010  11/3/2015            .....................
                                   incinerator                        [Insert Federal
                                   design                              Register citation]
                                   requirements.
252:100-17-7....................  Test methods......       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
----------------------------------------------------------------------------------------------------------------
                                      Part 4. Biomedical Waste Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-8....................  Applicability.....        7/1/2011  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-9....................  Definitions.......        7/1/2011  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-10...................  Design and                7/1/2011  11/3/2015            .....................
                                   operation.                         [Insert Federal
                                                                       Register citation]
252:100-17-11...................  Emission limits...        7/1/2011  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
----------------------------------------------------------------------------------------------------------------
                            Subchapter 19. Control of Emission of Particulate Matter
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-19-1.1..................  Definitions.......        7/1/2009  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
 
                                                  * * * * * * *
252:100-19-11...................  Allowable                 7/1/2009  11/3/2015            .....................
                                   particulate                        [Insert Federal
                                   matter emission                     Register citation]
                                   rates from
                                   combined wood
                                   fuel and fossil
                                   fuel fired steam
                                   generating units.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Subchapter 25. Visible Emissions and Particulates
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
252:100-25-3....................  Opacity limit.....        7/1/2009  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
252:100, Appendix A.............  Allowable                7/11/2010  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rate for
                                   Incinerators.
252:100, Appendix C.............  Allowable                 7/1/2009  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rates for
                                   Indirectly Fired
                                   Fuel-Burning
                                   Units.
252:100, Appendix D.............  Allowable                 7/1/2009  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rates for
                                   Indirectly Fired
                                   Wood Fuel-Burning
                                   Units.
252:100, Appendix E.............  Primary Ambient           7/1/2011  11/3/2015            .....................
                                   Air Quality                        [Insert Federal
                                   Standards.                          Register citation]
252:100, Appendix F.............  Secondary Ambient         7/1/2010  11/3/2015            .....................
                                   Air Quality                        [Insert Federal
                                   Standards.                          Register citation]
252:100, Appendix G.............  Allowable                 7/1/2009  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rates for
                                   Directly Fired
                                   Fuel-Burning
                                   Units and
                                   Industrial
                                   Process.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 67652]]

* * * * *
[FR Doc. 2015-27918 Filed 11-2-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations                                                                  67647

                                                Lead NAAQS’’, ‘‘110(a)(1) and (2)                         Infrastructure Requirements for the 2010                                § 52.1770   Identification of plan.
                                                Infrastructure Requirements for the 2008                  SO2 NAAQS’’ and ‘‘Chapter 7A section                                    *       *    *      *       *
                                                8-hour Ozone NAAQS’’, ‘‘110(a)(1) and                     754 of the North Carolina General
                                                                                                                                                                                      (e) * * *
                                                (2) Infrastructure Requirements for the                   Statues’’ at the end of the table to read
                                                2010 NO2 NAAQS’’, ‘‘110(a)(1) and (2)                     as follows:

                                                                                      EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
                                                                                       State            EPA
                                                          Provision                   effective       Approval              Federal Register citation                                           Explanation
                                                                                        date            date


                                                         *                        *                       *                            *                                      *                     *                    *
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  1997 8-hour Ozone                                                                                                         permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  1997 Annual PM2.5                                                                                                         permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015         11/3/2015          [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  2006 24-hour PM2.5                                                                                                        permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015     ....................   ............................................   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                                                                 of the DENR and his/her delegatee that approve
                                                  2008 Lead NAAQS.                                                                                                          permit or enforcement orders and appealed matters
                                                                                                                                                                            decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015     ....................   ............................................   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                                                                 of the DENR and his/her delegatee that approve
                                                  2008 8-hour Ozone                                                                                                         permit or enforcement orders and appealed matters
                                                  NAAQS.                                                                                                                    decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  2010 NO2 NAAQS.                                                                                                           permit or enforcement orders and appealed matters
                                                                                                                                                                            decided by ALJs.
                                                110(a)(1) and (2) Infrastruc-         7/27/2015        11/3/2015           [Insert Federal Register ci-                   approving 110(a)(2)(E)(ii) as it relates to the Secretary
                                                  ture Requirements for the                                                   tation].                                      of the DENR and his/her delegatee that approve
                                                  2010 SO2 NAAQS.                                                                                                           permit or enforcement orders and appealed matters
                                                                                                                                                                            decided by ALJs.
                                                Chapter 7A section 754 of             7/27/2015        11/3/2015           [Insert Federal Register ci-                   Specifically, the following paragraph of 7A–754 stating
                                                  the North Carolina Gen-                                                     tation].                                      ‘‘The Chief Administrative Law Judge and the admin-
                                                  eral Statues.                                                                                                             istrative law judges shall comply with the Model
                                                                                                                                                                            Code of Judicial Conduct for State Administrative
                                                                                                                                                                            Law Judges, as adopted by the National Conference
                                                                                                                                                                            of Administrative Law Judges, Judicial Division,
                                                                                                                                                                            American Bar Association, (revised August 1998), as
                                                                                                                                                                            amended from time to time, except that the provi-
                                                                                                                                                                            sions of this section shall control as to the private
                                                                                                                                                                            practice of law in lieu of Canon 4G, and G.S. 126–
                                                                                                                                                                            13 shall control as to political activity in lieu of
                                                                                                                                                                            Canon 5.’’ is approved into the SIP.



                                                § 52.1773   [Amended]                                     ENVIRONMENTAL PROTECTION                                                Protection Agency (EPA) is approving
                                                                                                          AGENCY                                                                  revisions to the Oklahoma State
                                                ■ 3. Amend § 52.1773 by removing                                                                                                  Implementation Plan (SIP) submitted by
                                                paragraph (a), and redesignating                          40 CFR Part 52                                                          the State of Oklahoma designee. The
                                                paragraphs (b) and (c) as paragraphs (a)                                                                                          revisions are administrative in nature
                                                and (b), respectively.                                    [EPA–R06–OAR–2011–0034; FRL–9936–37–                                    and modify redundant or erroneous text
                                                [FR Doc. 2015–27881 Filed 11–2–15; 8:45 am]               Region 6]                                                               within the SIP. The revisions also
                                                BILLING CODE 6560–50–P                                                                                                            incorporate new definitions and the
                                                                                                          Approval and Promulgation of Air                                        current national ambient air quality
                                                                                                          Quality Implementation Plans;                                           standards (NAAQS) for four criteria
                                                                                                          Oklahoma
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                                                                                                                                                                                  pollutants; delete a subchapter that
                                                                                                          AGENCY: Environmental Protection                                        addresses motor vehicle pollution
                                                                                                          Agency (EPA).                                                           control devices; and add requirements
                                                                                                          ACTION: Direct final rule.
                                                                                                                                                                                  for certain incinerators.
                                                                                                                                                                                  DATES: This rule is effective on January
                                                                                                          SUMMARY: Under the Federal Clean Air                                    4, 2016 without further notice, unless
                                                                                                          Act (CAA or Act) the Environmental                                      EPA receives relevant adverse comment


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                                                67648            Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations

                                                by December 3, 2015. If EPA receives                    documents in the docket are listed in                 in Section II of this action apply to the
                                                such comment, EPA will publish a                        the index, some information may be                    following sections within Chapter 100:
                                                timely withdrawal in the Federal                        publicly available only at the hard copy              Subchapter 15 (Motor Vehicle Pollution
                                                Register informing the public that this                 location (e.g., copyrighted material), and            Control Devices); subchapter 17
                                                rule will not take effect.                              some may not be publicly available at                 (Incinerators); subchapter 19 (Control of
                                                ADDRESSES: Submit your comments,                        either location (e.g., CBI).                          Emission of Particulate Matter);
                                                identified by Docket ID No. EPA–R06–                    FOR FURTHER INFORMATION CONTACT:                      subchapter 25 (Visible Emissions and
                                                OAR–2011–0034, by one of the                            Carrie Paige, (214) 665–6521 or                       Particulates); appendices A and B
                                                following methods:                                      paige.carrie@epa.gov. To inspect the                  within subchapter 17; appendices C, D,
                                                   • www.regulations.gov. Follow the                    hard copy materials, please schedule an               and G within subchapter 19; and
                                                on-line instructions.                                   appointment with her or Mr. Bill Deese                appendices E and F within subchapter
                                                   • Email: Carrie Paige at                             at (214) 665–7253.                                    3 (Air Quality Standards and
                                                paige.carrie@epa.gov.                                   SUPPLEMENTARY INFORMATION:                            Increments).2
                                                   • Mail: Guy Donaldson, Chief, Air                    Throughout this document, ‘‘we,’’ ‘‘us,’’                The substantive revisions in the four
                                                Planning Section (6PD–L),                               and ‘‘our’’ means the EPA.                            submittals before us include
                                                Environmental Protection Agency, 1445                                                                         incorporation of new definitions;
                                                                                                        I. Background                                         updating the SIP with the current
                                                Ross Avenue, Suite 1200, Dallas, Texas
                                                75202–2733.                                                Section 110 of the Act requires states             NAAQS for lead, ozone, nitrogen
                                                   Instructions: Direct your comments to                to develop air pollution regulations and              dioxide (NO2) and sulfur dioxide (SO2);
                                                Docket ID No. EPA–R06–OAR–2011–                         control strategies to ensure that air                 and adding specific requirements for
                                                0034. EPA’s policy is that all comments                 quality meets the EPA’s NAAQS. These                  certain incinerators. The non-
                                                received will be included in the public                 ambient standards are established under               substantive revisions delete redundant
                                                docket without change and may be                        section 109 of the Act and they                       definitions; move certain definitions
                                                made available online at                                currently address six criteria pollutants:            into other locations within the SIP; and
                                                www.regulations.gov, including any                      Carbon monoxide, nitrogen dioxide,                    correct erroneous text.
                                                personal information provided, unless                   ozone, lead, particulate matter, and                     The criteria used to evaluate these SIP
                                                the comment includes information                        sulfur dioxide. The state’s air                       revisions are found primarily in section
                                                claimed to be Confidential Business                     regulations are contained in its SIP,                 110 of the CAA. Section 110(l) requires
                                                Information (CBI) or other information                  which is basically a clean air plan. Each             that a SIP revision submitted to EPA be
                                                the disclosure of which is restricted by                state is responsible for developing SIPs              adopted after reasonable notice and
                                                statute. Do not submit information                      to demonstrate how the NAAQS will be                  public hearing and also requires that
                                                through www.regulations.gov or email,                   achieved, maintained, and enforced.                   EPA not approve a SIP revision if the
                                                if you believe that it is CBI or otherwise              The SIP must be submitted to EPA for                  revision would interfere with any
                                                protected from disclosure. The                          approval and any changes a state makes                applicable requirement concerning
                                                www.regulations.gov Web site is an                      to the approved SIP also must be                      attainment and reasonable further
                                                                                                        submitted to the EPA for approval.                    progress, or any other applicable
                                                ‘‘anonymous access’’ system, which
                                                                                                           The Secretary of the Oklahoma                      requirement of the CAA. Our TSD
                                                means that EPA will not know your
                                                                                                        Department of Environmental Quality                   contains a detailed evaluation of the
                                                identity or contact information unless                  (ODEQ) submitted revisions for
                                                you provide it in the body of your                                                                            revisions, describing how each revision
                                                                                                        approval by EPA on July 16th and                      meets the requirements for SIP
                                                comment. If you send an email                           December 27th of 2010, February 6,
                                                comment directly to EPA without going                                                                         approval.
                                                                                                        2012, and January 18, 2013. The
                                                through www.regulations.gov, your                       revisions address air pollution                       II. EPA’s Evaluation of the Revisions
                                                email address will be automatically                     regulations and control strategies
                                                captured and included as part of the                                                                            A synopsis of the submitted revisions
                                                                                                        codified in the Oklahoma                              and our evaluation follows.
                                                comment that is placed in the public                    Administrative Code (OAC) under Title
                                                docket and made available on the                        252 (DEQ), Chapter 100 (Air Pollution                 A. Subchapter 15, Motor Vehicle
                                                Internet. If you submit an electronic                   Control). Three of the four submittals                Pollution Control Devices
                                                comment, EPA recommends that you                        include revisions that address air
                                                include your name and other contact                                                                              The ODEQ removes subchapter 15 in
                                                                                                        permitting and incorporate by reference               its entirety. Subchapter 15 is duplicative
                                                information in the body of your                         applicable provisions of Title 40 of the
                                                comment along with any disk or CD–                                                                            of section 203 of the CAA. Subchapter
                                                                                                        Code of Federal Regulations (denoted 40               15 was not ever required to be in the
                                                ROM submitted. If EPA cannot read                       CFR). These revisions can be evaluated
                                                your comment due to technical                                                                                 Oklahoma SIP and did not supersede or
                                                                                                        independently (i.e., are severable) and               otherwise modify requirements for
                                                difficulties and cannot contact you for                 will be evaluated in separate actions.
                                                clarification, EPA may not be able to                                                                         pollution control devices on motor
                                                                                                        Further, we are not acting on submitted               vehicles.3 In addition, subchapter 15
                                                consider your comment. Electronic files                 revisions to the State’s NOx rules
                                                should avoid the use of special                                                                               was not used as a source of emission
                                                                                                        because these revisions can be evaluated              reductions and did not contribute
                                                characters and any form of encryption                   independently and we will consider
                                                and should be free of any defects or                                                                          toward attainment in Oklahoma (see 45
                                                                                                        these rule revisions in a separate action.            FR 79051, November 28, 1980). The
                                                viruses. For additional information                     Table C–1 in the Technical Support
                                                about EPA’s public docket, visit the EPA                Document (TSD) lists the four
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                                                                                                                                                                2 The cover letter for the January 18, 2013
                                                Docket Center homepage at                               submittals and identifies which portions              submittal lists revisions to subchapter 31, but no
                                                www.epa.gov/epahome/dockets.htm.                        are evaluated in this rulemaking action               such revisions were provided in the submittal
                                                   Docket: The index to the docket for                  and which will be evaluated in separate               package; therefore, they are not before EPA for
                                                this action is available electronically at                                                                    consideration.
                                                                                                        actions.1 The revisions under evaluation                3 Section 203 of the CAA prohibits tampering
                                                www.regulations.gov and in hard copy                                                                          with any device or element of design installed on
                                                at EPA Region 6, 1445 Ross Avenue,                        1 The TSD is provided in the docket for this        or in a motor vehicle or motor vehicle engine in
                                                Suite 700, Dallas, Texas. While all                     rulemaking.                                           compliance with motor vehicle emission standards.



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                                                                 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations                                          67649

                                                State’s annual motor vehicle inspection                 E. Appendix E (Primary Ambient Air                     second comment period on this action.
                                                and emission anti-tampering rules                       Quality Standards) and Appendix F                      Any parties interested in commenting
                                                remain in the SIP (see 61 FR 7709,                      (Secondary Ambient Air Quality                         must do so now. Please note that if we
                                                February 29, 1996). Removal of                          Standards)                                             receive adverse comment on an
                                                subchapter 15 from the SIP does not                       The ODEQ revised appendices E and                    amendment, paragraph, or section of
                                                constitute loss in emission reductions                  F for the 2008 NAAQS for ozone 4 and                   this rule and if that provision may be
                                                because such rules are in place and                     lead and the 2010 NAAQS for NO2 and                    severed from the remainder of the rule,
                                                enforceable at the federal level.                       SO2.                                                   we may adopt as final those provisions
                                                                                                                                                               of the rule that are not the subject of an
                                                B. Subchapter 17, Incinerators                          F. Consistency With Section 110(l) of the              adverse comment.
                                                   Part 1 clarifies that incinerators used              CAA
                                                to generate useful heat energy are                                                                             IV. Incorporation by Reference
                                                                                                          The submitted revisions addressed in
                                                subject to all applicable requirements of               today’s rulemaking provide consistency                   In this rule, we are finalizing
                                                subchapter 17. Part 3 adds specificity by               with the NAAQS and EPA’s rules                         regulatory text that includes
                                                identifying the applicable sources;                     regarding incinerators, and provide                    incorporation by reference. In
                                                clarifying existing definitions and                     clarity and accuracy, thus improving the               accordance with the requirements of 1
                                                requirements; expanding incinerator                     Oklahoma SIP. These revisions will not                 CFR 51.4, we are finalizing the
                                                design requirements to include                          interfere with any applicable                          incorporation by reference of the
                                                operation requirements; and adding                      requirement regarding attainment or any                revisions to the Oklahoma regulations as
                                                definitions for ‘‘Particulate matter’’ and              other applicable requirement of the                    described in the preceding Final Action
                                                ‘‘Secondary combustion chamber.’’                       CAA and are consistent with section                    section. We have made, and will
                                                Other revisions to parts 1 and 3 are non-               110(l) of the Act.                                     continue to make, these documents
                                                substantive and delete redundant text.                                                                         generally available electronically
                                                   A new part 4 addresses biomedical                    III. Final Action
                                                                                                                                                               through www.regulation.gov and/or in
                                                waste incinerators. The new terms and                      The EPA is approving all or parts of                hard copy at the EPA Region 6 office.
                                                definitions, design and operation, and                  four Oklahoma SIP submittals.
                                                emission limits are consistent with                     Specifically, we are approving the                     V. Statutory and Executive Order
                                                EPA’s Standards of Performance for                      portions of the July 16, 2010 submittal                Reviews
                                                New Stationary Sources: Hospital/                       that revise appendices C, D, E, F and G                   Under the CAA, the Administrator is
                                                Medical/Infectious Waste Incinerators                   and subchapters 19 and 25. We are also                 required to approve a SIP submission
                                                (see 74 FR 51368, October 6, 2009 and                   approving in whole the December 27,                    that complies with the provisions of the
                                                40 CFR 60.51c), and EPA’s Standards Of                  2010 submittal that revises subchapter                 Act and applicable federal regulations.
                                                Performance for Incinerators at 40 CFR                  15 and appendices E and F. We are also                 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                60, Subpart E.                                          approving the portion of the February 6,               Thus, in reviewing SIP submissions,
                                                   The ODEQ removes appendix B,                         2012 submittal that revises appendix E.                EPA’s role is to approve state choices,
                                                renames appendix A, and moves the                       We are also approving the portion of the               provided that they meet the criteria of
                                                appendix B formulas into A. A                           January 18, 2013 submittal that revises                the CAA. Accordingly, this action
                                                typographical error was corrected. There                subchapter 17 and appendices A and B.                  merely proposes to approve state law as
                                                were no changes to the allowable                        The EPA is approving these SIP                         meeting federal requirements and does
                                                emission rates.                                         revisions in accordance with the                       not impose additional requirements
                                                C. Subchapter 19, Control of Emissions                  requirements of the CAA.                               beyond those imposed by state law. For
                                                                                                           The EPA is publishing this rule                     that reason, this action:
                                                of Particulate Matter
                                                                                                        without prior proposal because we view                    • Is not a ‘‘significant regulatory
                                                   The ODEQ submits new definitions                     this as a non-controversial amendment                  action’’ subject to review by the Office
                                                for ‘‘Condensable particulate matter,’’                 and anticipate no adverse comments.                    of Management and Budget under
                                                ‘‘Filterable particulate matter,’’ and                  However, in the proposed rules section                 Executive Orders 12866 (58 FR 51735,
                                                ‘‘Total particulate matter.’’ They are                  of this Federal Register publication, we               October 4, 1993) and 13563 (76 FR 3821,
                                                consistent with the definitions                         are publishing a separate document that                January 21, 2011);
                                                addressing particulate matter at 40 CFR                 will serve as the proposal to approve the                 • Does not impose an information
                                                51.100. Other revisions to this                         SIP revision if relevant adverse                       collection burden under the provisions
                                                subchapter clarify that the particulate                 comments are received. This rule will                  of the Paperwork Reduction Act (44
                                                matter (PM) emission rates in this                      be effective on January 4, 2016 without                U.S.C. 3501 et seq.);
                                                subchapter refer to condensable and                     further notice unless we receive adverse
                                                filterable PM.                                                                                                    • Is certified as not having a
                                                                                                        comment by December 3, 2015. If we                     significant economic impact on a
                                                   The submitted revisions also address                 receive adverse comments, we will
                                                appendices C, D and G within                                                                                   substantial number of small entities
                                                                                                        publish a timely withdrawal in the                     under the Regulatory Flexibility Act (5
                                                subchapter 19. The revisions are                        Federal Register informing the public
                                                confined to retitling the appendices,                                                                          U.S.C. 601 et seq.);
                                                                                                        that the rule will not take effect. We will               • Does not contain any unfunded
                                                such that each now includes                             address all public comments in a
                                                ‘‘particulate matter’’ in its title.                                                                           mandate or significantly or uniquely
                                                                                                        subsequent final rule based on the                     affect small governments, as described
                                                D. Subchapter 25, Visible Emissions and                 proposed rule. We will not institute a                 in the Unfunded Mandates Reform Act
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                                                Particulates                                                                                                   of 1995 (Pub. L. 104–4);
                                                                                                          4 On October 1, 2015, the EPA announced its
                                                  The submitted revisions include a                     decision to strengthen the ozone NAAQS, which             • Does not have federalism
                                                non-substantive edit to style and the                   does not obstruct our action here. See [http://www3.   implications as specified in Executive
                                                correction of an error in a citation at                 epa.gov/airquality/ozonepollution/actions.html#        Order 13132 (64 FR 43255, August 10,
                                                                                                        sep2015]. Because Oklahoma elects to have its SIP
                                                100–25–3(b)(3). These revisions to                      refer to specific iterations of the NAAQS, it will
                                                                                                                                                               1999);
                                                subchapter 25 provide consistency and                   need to revise it from time to time to reflect the        • Is not an economically significant
                                                accuracy.                                               current NAAQS.                                         regulatory action based on health or


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                                                67650               Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations

                                                safety risks subject to Executive Order                         the Federal Register. A major rule                            100 (OAC 252:100). Air Pollution
                                                13045 (62 FR 19885, April 23, 1997);                            cannot take effect until 60 days after it                     Control’’ is amended by:
                                                   • Is not a significant regulatory action                     is published in the Federal Register.                         ■ a. Removing the heading entitled
                                                subject to Executive Order 13211 (66 FR                         This action is not a ‘‘major rule’’ as                        ‘‘Subchapter 15. Motor Vehicle
                                                28355, May 22, 2001);                                           defined by 5 U.S.C. 804(2).                                   Pollution Control Devices’’ and the
                                                   • Is not subject to requirements of                             Under section 307(b)(1) of the CAA,                        entries under this heading;
                                                section 12(d) of the National                                   petitions for judicial review of this
                                                Technology Transfer and Advancement                             action must be filed in the United States                     ■ b. Revising entries for ‘‘252:100–17–
                                                Act of 1995 (15 U.S.C. 272 note) because                        Court of Appeals for the appropriate                          1’’ and ‘‘252:100–17–1.1’’;
                                                application of those requirements would                         circuit by January 4, 2016. Filing a                          ■ c. Removing the entry for ‘‘252:100–
                                                be inconsistent with the CAA; and                               petition for reconsideration by the                           17–1.2’’;
                                                   • Does not provide EPA with the                              Administrator of this final rule does not                     ■ d. Adding an entry for ‘‘252:100–17–
                                                discretionary authority to address, as                          affect the finality of this rule for the                      1.3’’ in numerical order;
                                                appropriate, disproportionate human                             purposes of judicial review nor does it
                                                health or environmental effects, using                          extend the time within which a petition                       ■ e. Revising entries for ‘‘252:100–17–
                                                practicable and legally permissible                             for judicial review may be filed, and                         2’’, ‘‘252:100–17–2.1’’, ‘‘252:100–17–
                                                methods, under Executive Order 12898                            shall not postpone the effectiveness of                       2.2’’, ‘‘252:100–17–4’’, ‘‘252:100–17–5’’,
                                                (59 FR 7629, February 16, 1994).                                such rule or action. This action may not                      ‘‘252:100–17–5.1’’, and ‘‘252:100–17–7’’;
                                                In addition, the SIP is not approved to                         be challenged later in proceedings to                         ■ f. Adding the heading entitled ‘‘Part 4.
                                                apply on any Indian reservation land or                         enforce its requirements. (See section                        Biomedical Waste Incinerators’’ and
                                                in any other area where EPA or an                               307(b)(2)).                                                   entries for ‘‘252:100–17–8’’, ‘‘252:100–
                                                Indian tribe has demonstrated that a                                                                                          17–9’’, ‘‘252:100–17–10’’, and ‘‘252:100–
                                                tribe has jurisdiction. In those areas of                       List of Subjects in 40 CFR Part 52
                                                                                                                                                                              17–11’’ in numerical order;
                                                Indian country, the rule does not have                            Environmental protection, Air
                                                                                                                                                                              ■ g. Revising entries for ‘‘252:100–19–
                                                tribal implications and will not impose                         pollution control, Incorporation by
                                                                                                                                                                              1.1’’ and ‘‘252:100–19–11’’;
                                                substantial direct costs on tribal                              reference, Intergovernmental relations,
                                                governments or preempt tribal law as                            Ozone, Reporting and recordkeeping                            ■ h. Revising the entry for ‘‘252:100–25–
                                                specified by Executive Order 13175 (65                          requirements, Volatile organic                                3’’;
                                                FR 67249, November 9, 2000).                                    compounds.                                                    ■ i. Revising the entry for ‘‘252:100,
                                                   The Congressional Review Act, 5                                Dated: October 20, 2015.                                    Appendix A’’;
                                                U.S.C. 801 et seq., as added by the Small                       Ron Curry,                                                    ■ j. Removing the entry for ‘‘252:100,
                                                Business Regulatory Enforcement                                 Regional Administrator, Region 6.                             Appendix B’’; and
                                                Fairness Act of 1996, generally provides
                                                                                                                    40 CFR part 52 is amended as follows:                     ■ k. Revising entries for ‘‘252:100,
                                                that before a rule may take effect, the
                                                agency promulgating the rule must                                                                                             Appendix C’’, ‘‘252:100, Appendix D’’,
                                                                                                                PART 52—[AMENDED]                                             ‘‘252:100, Appendix E’’, ‘‘252:100,
                                                submit a rule report, which includes a
                                                copy of the rule, to each House of the                                                                                        Appendix F’’, and ‘‘252:100, Appendix
                                                                                                                ■ 1. The authority citation for part 52                       G’’.
                                                Congress and to the Comptroller General                         continues to read as follows:
                                                of the United States. EPA will submit a                                                                                          The revisions and additions read as
                                                                                                                    Authority: 42 U.S.C. 7401 et seq.
                                                report containing this rule and other                                                                                         follows:
                                                required information to the U.S. Senate,                        Subpart LL —Oklahoma                                          § 52.1920    Identification of plan.
                                                the U.S. House of Representatives, and
                                                the Comptroller General of the United                           ■ 2. In § 52.1920, the table in paragraph                     *       *    *        *   *
                                                States prior to publication of the rule in                      (c) under the heading entitled ‘‘Chapter                          (c) * * *

                                                                                                             EPA APPROVED OKLAHOMA REGULATIONS
                                                                                                                                                      State effective
                                                                State citation                                  Title/Subject                                                     EPA Approval date             Explanation
                                                                                                                                                           date


                                                            *                         *                             *                            *                       *                      *                    *

                                                                                                     CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL


                                                            *                         *                             *                            *                       *                      *                    *

                                                                                                                            Subchapter 17. Incinerators
                                                                                                                            Part 1. General Provisions

                                                252:100–17–1 ................................   Purpose ..........................................         7/11/2010    11/3/2015
                                                                                                                                                                        [Insert Federal Register citation]
                                                252:100–17–1.1 .............................    Reference to 40 CFR ....................                   7/11/2010    11/3/2015
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                                                                                                                                                                        [Insert Federal Register citation]
                                                252:100–17–1.3 .............................    Incinerators  and     fuel-burning                         7/11/2010    11/3/2015
                                                                                                  equipment or units.                                                   [Insert Federal Register citation]

                                                                                                                                   Part 3. Incinerators

                                                252:100–17–2 ................................   Applicability ....................................         7/11/2010    11/3/2015
                                                                                                                                                                        [Insert Federal Register citation]



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                                                                    Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations                                                           67651

                                                                                                  EPA APPROVED OKLAHOMA REGULATIONS—Continued
                                                                                                                                                      State effective
                                                                State citation                                  Title/Subject                                                   EPA Approval date              Explanation
                                                                                                                                                           date

                                                252:100–17–2.1 .............................    Exemptions ....................................            7/11/2010    11/3/2015
                                                                                                                                                                        [Insert Federal Register citation]
                                                252:100–17–2.2 .............................    Definitions ......................................         7/11/2010    11/3/2015
                                                                                                                                                                        [Insert Federal Register citation]


                                                        *                            *                        *                              *                           *                      *                 *
                                                252:100–17–4 ................................   Particulate matter ...........................             7/11/2010    11/3/2015
                                                                                                                                                                        [Insert Federal   Register citation]
                                                252:100–17–5 ................................   Incinerator design and operation                           7/11/2010    11/3/2015
                                                                                                  requirements.                                                         [Insert Federal   Register citation]
                                                252:100–17–5.1 .............................    Alternative incinerator design re-                         7/11/2010    11/3/2015
                                                                                                  quirements.                                                           [Insert Federal   Register citation]
                                                252:100–17–7 ................................   Test methods .................................             7/11/2010    11/3/2015
                                                                                                                                                                        [Insert Federal   Register citation]

                                                                                                                       Part 4. Biomedical Waste Incinerators

                                                252:100–17–8 ................................   Applicability ....................................          7/1/2011    11/3/2015
                                                                                                                                                                        [Insert Federal   Register citation]
                                                252:100–17–9 ................................   Definitions ......................................          7/1/2011    11/3/2015
                                                                                                                                                                        [Insert Federal   Register citation]
                                                252:100–17–10 ..............................    Design and operation ....................                   7/1/2011    11/3/2015
                                                                                                                                                                        [Insert Federal   Register citation]
                                                252:100–17–11 ..............................    Emission limits ...............................             7/1/2011    11/3/2015
                                                                                                                                                                        [Insert Federal   Register citation]

                                                                                                       Subchapter 19. Control of Emission of Particulate Matter


                                                        *                           *                          *                                 *                       *                   *                    *
                                                252:100–19–1.1 .............................    Definitions ......................................          7/1/2009    11/3/2015
                                                                                                                                                                        [Insert Federal Register citation]

                                                        *                           *                         *                    *                                     *                   *                    *
                                                252:100–19–11 ..............................    Allowable particulate matter emis-                          7/1/2009    11/3/2015
                                                                                                   sion rates from combined wood                                        [Insert Federal Register citation]
                                                                                                   fuel and fossil fuel fired steam
                                                                                                   generating units.

                                                            *                         *                            *                             *                       *                      *                 *

                                                                                                           Subchapter 25. Visible Emissions and Particulates


                                                        *                            *                        *                                 *                        *                   *                    *
                                                252:100–25–3 ................................   Opacity limit ...................................           7/1/2009    11/3/2015
                                                                                                                                                                        [Insert Federal Register citation]

                                                            *                         *                            *                             *                       *                      *                 *

                                                                                                                       Appendices for OAC 252: Chapter 100

                                                252:100, Appendix A .....................       Allowable Particulate Matter Emis-                         7/11/2010    11/3/2015
                                                                                                   sion Rate for Incinerators.                                          [Insert Federal Register citation]
                                                252:100, Appendix C .....................       Allowable Particulate Matter Emis-                          7/1/2009    11/3/2015
                                                                                                   sion Rates for Indirectly Fired                                      [Insert Federal Register citation]
                                                                                                   Fuel-Burning Units.
                                                252:100, Appendix D .....................       Allowable Particulate Matter Emis-                          7/1/2009    11/3/2015
                                                                                                   sion Rates for Indirectly Fired                                      [Insert Federal Register citation]
                                                                                                   Wood Fuel-Burning Units.
                                                252:100, Appendix E .....................       Primary Ambient Air Quality Stand-                          7/1/2011    11/3/2015
                                                                                                   ards.                                                                [Insert Federal Register citation]
                                                252:100, Appendix F ......................      Secondary Ambient Air Quality                               7/1/2010    11/3/2015
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                                                                                                   Standards.                                                           [Insert Federal Register citation]
                                                252:100, Appendix G .....................       Allowable Particulate Matter Emis-                          7/1/2009    11/3/2015
                                                                                                   sion Rates for Directly Fired                                        [Insert Federal Register citation]
                                                                                                   Fuel-Burning Units and Industrial
                                                                                                   Process.

                                                            *                         *                            *                             *                       *                      *                 *



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                                                67652            Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations

                                                *      *     *       *      *                           Region IX, (415) 972–3856,                            the 2008 Ozone NAAQS: Demonstration
                                                [FR Doc. 2015–27918 Filed 11–2–15; 8:45 am]             kelly.thomasp@epa.gov.                                of Adequacy, February 28, 2013.
                                                BILLING CODE 6560–50–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                              NO2
                                                                                                        Throughout this document, the terms
                                                                                                        ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.                • NDEP letter to EPA, dated May 9,
                                                ENVIRONMENTAL PROTECTION                                                                                      2013 and Washoe County letter, dated
                                                AGENCY                                                  Table of Contents                                     April 26, 2013, containing the Approved
                                                                                                        I. Background                                         Minutes of the February 28, 2013 public
                                                40 CFR Parts 52 and 81                                  II. EPA’s Response to Comments                        hearing and the Certificate of Adoption;
                                                [EPA–R09–OAR–2014–0812; FRL–9935–82–
                                                                                                        III. Final Action                                        • The Nevada Division of
                                                                                                        IV. Statutory and Executive Order Reviews             Environmental Protection Portion of the
                                                Region 9]
                                                                                                                                                              Nevada State Implementation Plan for
                                                Partial Approval and Partial                            I. Background                                         the 2010 Nitrogen Dioxide Primary
                                                Disapproval of Air Quality State                           Section 110(a)(1) of the CAA requires              NAAQS: Demonstration of Adequacy
                                                Implementation Plans; Nevada;                           each state to submit to EPA, within                   and appendices, January 18, 2013;
                                                Infrastructure Requirements for Ozone,                  three years (or such shorter period as                   • State Implementation Plan Revision
                                                NO2 and SO2                                             the Administrator may prescribe) after                to Meet the Nitrogen Dioxide
                                                                                                        the promulgation of a primary or                      Infrastructure SIP Requirements of the
                                                AGENCY:  Environmental Protection                       secondary NAAQS or any revision                       Clean Air Act § 110(a)(2), and
                                                Agency (EPA).                                           thereof, a SIP that provides for the                  attachments Clark County, Nevada,
                                                ACTION: Final rule.                                     ‘‘implementation, maintenance, and                    December, 2012;
                                                                                                        enforcement’’ of such NAAQS. EPA                         • The Washoe County Portion of the
                                                SUMMARY:   Environmental Protection                     refers to these specific submissions as               Nevada State Implementation Plan to
                                                Agency (EPA) is approving in part and                   ‘‘infrastructure’’ SIPs because they are              Meet the Nitrogen Dioxide Primary
                                                disapproving in part State                              intended to address basic structural SIP              NAAQS; Final Submittal, March 15,
                                                Implementation Plan (SIP) revisions                     requirements for new or revised                       2013.
                                                submitted by the State of Nevada                        NAAQS.
                                                pursuant to the requirements of the                                                                           SO2
                                                                                                           EPA issued a revised NAAQS for
                                                Clean Air Act (CAA) for the 2008 ozone                  ozone on March 28, 2010, for NO2 on                      • The Nevada Division of
                                                national ambient air quality standards                  February 9, 2010, and for SO2 on June                 Environmental Protection Portion of the
                                                (NAAQS), the 2010 nitrogen dioxide                      22, 2010.1 2 3 These NAAQS revisions                  Nevada State Implementation Plan for
                                                (NO2) NAAQS and the 2010 sulfur                         triggered requirements for states to                  the 2010 Sulfur Dioxide Primary
                                                dioxide (SO2) NAAQS. The CAA                            submit an infrastructure SIP to address               NAAQS, and appendices, June 3, 2013;
                                                requires that each state adopt and                      the applicable requirements of section                   • State Implementation Plan Revision
                                                submit a SIP for the implementation,                    110(a)(2) within three years. The                     to Meet the Sulfur Dioxide
                                                maintenance, and enforcement of each                    Nevada Department of Environmental                    Infrastructure SIP Requirements of the
                                                NAAQS promulgated by the EPA, and                       Protection (NDEP) has submitted several               Clean Air Act § 110(a)(2), and
                                                that EPA act on such SIPs. Nevada has                   infrastructure SIP submittals in                      attachments Clark County, Nevada,
                                                met most of the applicable                              response to EPA’s promulgation of these               May, 2013;
                                                requirements. Where EPA is                              NAAQS, including:                                        • The Washoe County Portion of the
                                                disapproving, in part, Nevada’s SIP                                                                           Nevada State Implementation Plan to
                                                revisions, the deficiencies have already                Ozone                                                 Meet the Sulfur Dioxide Infrastructure
                                                been addressed by a federal                               • The Nevada Division of                            SIP Requirements of Clean Air Act
                                                implementation plan (FIP).                              Environmental Protection Portion of the               § 110(a)(2), and attachments, March 28,
                                                DATES: This final rule is effective on                  Nevada State Implementation Plan for                  2013.
                                                December 3, 2015.                                       the 2008 Ozone NAAQS: Demonstration                      We refer to these submittals
                                                                                                        of Adequacy April 10, 2013;                           collectively as ‘‘Nevada’s Infrastructure
                                                ADDRESSES: EPA has established a
                                                                                                          • State Implementation Plan Revision                Submittals.’’
                                                docket for this action, identified by
                                                                                                        to Meet the Ozone Infrastructure SIP                     On May 20, 2015 (80 FR 28893), EPA
                                                Docket ID Number EPA–R09–OAR–
                                                                                                        Requirements of the Clean Air Act                     proposed to approve in part, and
                                                2014–0812. The index to the docket for
                                                                                                        § 110(a)(2), Clark County, Nevada,                    disapprove in part, these SIP revisions
                                                this action is available electronically at
                                                                                                        February, 2013;                                       addressing the infrastructure
                                                http://www.regulations.gov and in hard                    • The Washoe County Portion of the                  requirements of CAA section 110(a)(1)
                                                copy at EPA Region IX, 75 Hawthorne                     Nevada State Implementation Plan for                  and (2) for the 2008 ozone, the 2010
                                                Street, San Francisco, California. While
                                                                                                                                                              NO2, and the 2010 SO2 NAAQS. Except
                                                all documents in the docket are listed in                 1 73 FR 16436. This final rule reduced the ozone
                                                                                                                                                              for the interstate transport elements of
                                                the index, some information may be                      NAAQS from 0.08 parts per million (ppm) to 0.075      110(a)(2)(D)(i)(I) for the 2008 ozone and
                                                publicly available only at the hard copy                ppm.
                                                                                                                                                              2010 SO2 NAAQS, we are taking final
                                                location (e.g., copyrighted material), and                2 75 FR 6474. This final rule revised the primary

                                                                                                        NO2 NAAQS from an annual arithmetic average to        action on all the Nevada Infrastructure
                                                some may not be publicly available in
                                                                                                        a one-hour NO2 NAAQS of 100 parts per billion         Submittals since they collectively
                                                either location (e.g., confidential                     (ppb) and left unchanged EPA’s secondary annual       address the applicable infrastructure SIP
                                                business information (CBI)). To inspect                 NO2 NAAQS. The form of the 1-hour standard is the
                                                                                                                                                              requirements.
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                                                the hard copy materials, please schedule                3-year average of the 98th percentile of the yearly
                                                                                                                                                                 Nevada’s submittals also requested
                                                an appointment during normal business                   distribution of 1-hour daily maximum NO2
                                                                                                        concentrations.                                       that EPA reclassify the Nevada Intrastate
                                                hours with the contact listed directly                    3 This final rule revoked EPA’s annual and 24-      Air Quality Control Region from priority
                                                below.                                                  hour SO2 NAAQS and a 1-hour NAAQS of 75 ppb.          IA to priority III for SO2 emergency
                                                                                                        The form of the 1-hour standard is the 3-year
                                                FOR FURTHER INFORMATION CONTACT:    Tom                 average of the 99th percentile of the yearly
                                                                                                                                                              episodes and remove historic, outdated
                                                Kelly, Air Planning Office (AIR–2), U.S.                distribution of 1-hour daily maximum SO2              language at 40 CFR 52.1475 from the
                                                Environmental Protection Agency,                        concentrations.                                       state’s approved SIP. Our Notice of


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Document Created: 2018-03-01 11:32:58
Document Modified: 2018-03-01 11:32:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule is effective on January 4, 2016 without further notice, unless EPA receives relevant adverse comment by December 3, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
ContactCarrie Paige, (214) 665-6521 or [email protected] To inspect the hard copy materials, please schedule an appointment with her or Mr. Bill Deese at (214) 665-7253.
FR Citation80 FR 67647 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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