81 FR 74921 - Approval and Promulgation of Implementation Plans; Oklahoma; Disapproval of Prevention of Significant Deterioration for Particulate Matter Less Than 2.5 Micrometers-Significant Impact Levels and Significant Monitoring Concentration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 209 (October 28, 2016)

The Environmental Protection Agency (EPA) is disapproving the severable portions of the February 6, 2012, Oklahoma State Implementation Plan (SIP) submittal which establish certain de minimis thresholds for particulate matter less than 2.5 micrometers in diameter (PM<INF>2.5</INF>) in the Prevention of Significant Deterioration (PSD) permitting requirements. Specifically, we are disapproving provisions that adopt and implement the PM<INF>2.5</INF> significant impact levels (SILs) and significant monitoring concentration (SMC); both of which were vacated by a federal court and subsequently removed from federal PSD regulations. We are disapproving the submitted provisions as inconsistent with federal laws and regulations for the permitting of PM<INF>2.5</INF>. The EPA is finalizing this disapproval under section 110 and part C of the Clean Air Act (CAA).

[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Rules and Regulations]
[Pages 74921-74922]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25982]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0263; FRL-9953-46-Region 6]


Approval and Promulgation of Implementation Plans; Oklahoma; 
Disapproval of Prevention of Significant Deterioration for Particulate 
Matter Less Than 2.5 Micrometers--Significant Impact Levels and 
Significant Monitoring Concentration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is disapproving the 
severable portions of the February 6, 2012, Oklahoma State 
Implementation Plan (SIP) submittal which establish certain de minimis 
thresholds for particulate matter less than 2.5 micrometers in diameter 
(PM2.5) in the Prevention of Significant Deterioration (PSD) 
permitting requirements. Specifically, we are disapproving provisions 
that adopt and implement the PM2.5 significant impact levels 
(SILs) and significant monitoring concentration (SMC); both of which 
were vacated by a federal court and subsequently removed from federal 
PSD regulations. We are disapproving the submitted provisions as 
inconsistent with federal laws and regulations for the permitting of 
PM2.5. The EPA is finalizing this disapproval under section 
110 and part C of the Clean Air Act (CAA).

DATES: This rule is effective on November 28, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0263. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, (214) 665-2115, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our August 
11, 2016, proposed disapproval at 81 FR 53098. In that document, we 
proposed to disapprove the severable portions of the February 6, 2012, 
Oklahoma SIP submittal which establish the voluntary PM2.5 
SILs provision and SMC. We presented our preliminary determination that 
these submitted revisions to the Oklahoma SIP must be disapproved 
because they establish permitting SIP requirements that are 
inconsistent with the federal statutory and regulatory permitting 
requirements for PM2.5. We did not receive any comments 
regarding our proposed disapproval

II. Final Action

    We are disapproving the following severable portions of the 
February 6, 2012, Oklahoma SIP submittal establishing the voluntary 
PM2.5 SILs provision and SMC. We are taking this final 
action under section 110 and part C of the CAA.
     Substantive revisions to the Oklahoma SIP at OAC 252:100-
8-33(c)(1)(C) establishing the PM2.5 SMC as submitted on 
February 6, 2012; and
     Substantive revisions to the Oklahoma PSD program in OAC 
252:100-8-35(a)(2) establishing the PM2.5 PSD SILs provision 
as submitted on February 6, 2012.
    The EPA is disapproving the revisions listed because the submitted 
provisions are inconsistent with the federal statutory and regulatory 
permitting requirements for PM2.5. Upon the effective date 
of this final disapproval, owners or operators of a proposed source or 
modification will continue to satisfy the source impact analysis 
provisions for PM2.5 as required under the Oklahoma SIP at 
OAC 252:100-8-35(a)(1). Additionally, the State of Oklahoma will 
continue to have the necessary authority to require monitoring of 
PM2.5 under the Oklahoma SIP at OAC 252:100-8-35.1(b)(3), 
consistent with the provisions of 40 CFR 52.21(m). This final 
disapproval does not require the EPA to promulgate a Federal 
Implementation Plan, because the Oklahoma PSD SIP program continues to 
satisfy the Federal PSD SIP requirements for PM2.5 
monitoring and source impact analysis. We are finalizing this 
disapproval under section 110 and part C of the Act; as such, the EPA 
will not impose sanctions as a result of this final disapproval.

III. Statutory and Executive Order Reviews

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. There is no burden imposed under the PRA because this action 
disapproves submitted revisions that are no longer consistent with 
federal laws and regulations for the regulation and permitting of 
PM2.5.

[[Page 74922]]

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
disapproves submitted revisions that are no longer consistent with 
federal laws and regulations for the regulation and permitting of 
PM2.5, and therefore will have no impact on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector. This action 
disapproves submitted revisions that are no longer consistent with 
federal laws and regulations for the regulation and permitting of 
PM2.5, and therefore will have no impact on small 
governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action disapproves provisions of state law 
that are no longer consistent with federal law for the regulation and 
permitting of PM2.5; there are no requirements or 
responsibilities added or removed from Indian Tribal Governments. Thus, 
Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it disapproves state permitting 
provisions that are inconsistent with federal laws and regulations for 
the regulation and permitting of PM2.5.

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action is not subject to Executive 
Order 12898 because it disapproves state permitting provisions that are 
inconsistent with federal laws and regulations for the regulation and 
permitting of PM2.5.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 27, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: October 21, 2016.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart LL--Oklahoma

0
2. Section 52.1922 is revised to read as follows:


Sec.  52.1922  Approval status.

    (a) With the exceptions set forth in this subpart, the 
Administrator approves Oklahoma's State Implementation Plan under 
section 110 of the Clean Air Act for the attainment and maintenance of 
the national standards.
    (b) The EPA is disapproving the following severable portions of the 
February 6, 2012, Oklahoma SIP submittal:
    (1) Revisions establishing Minor New Source Review Greenhouse Gas 
(GHG) permitting requirements at OAC 252:100-7-2.1 as submitted on 
February 6, 2012.
    (2) Revisions to the Oklahoma Prevention of Significant 
Deterioration (PSD) program in OAC 252:100-8-31 establishing PSD 
permitting requirements for sources that are classified as major and 
thus required to obtain a PSD permit based solely on their potential 
GHG emissions (``Step 2 sources'') at paragraph (E) of the definition 
of ``subject to regulation'' as submitted on February 6, 2012.
    (3) Revisions to the Oklahoma PSD Program at OAC 252:100-8-
33(c)(1)(C) establishing the PM2.5 Significant Monitoring 
Concentration as submitted on February 6, 2012.
    (4) Revisions to the Oklahoma PSD Program in OAC 252:100-8-35(a)(2) 
establishing the PM2.5 PSD Significant Impact Levels as 
submitted on February 6, 2012.
    (c) The EPA is disapproving the revisions to the Oklahoma State 
Implementation Plan definitions of ``carbon dioxide equivalent 
emissions'' at OAC 252:100-1-3 and ``subject to regulation'' at OAC 
252:100-8-31 to implement the Greenhouse Gas Biomass Deferral as 
submitted on January 18, 2013.

[FR Doc. 2016-25982 Filed 10-27-16; 8:45 am]
 BILLING CODE 6560-50-P