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)

Page Range		74921-74922
FR Document		2016-25982

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 Issue 209 (Friday, October 28, 2016)

[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.

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

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

Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations 74921

Executive Orders 12866, 12988, and particulate matter less than 2.5 II. Final Action
13132. This rule is not a significant micrometers in diameter (PM2.5) in the
We are disapproving the following
regulatory action as defined in Prevention of Significant Deterioration
severable portions of the February 6,
Executive Order 12866. The rule has (PSD) permitting requirements.
2012, Oklahoma SIP submittal
been reviewed in accordance with Specifically, we are disapproving
establishing the voluntary PM2.5 SILs
Executive Order 12988. This rule provisions that adopt and implement
provision and SMC. We are taking this
preempts state laws that are inconsistent the PM2.5 significant impact levels (SILs)
final action under section 110 and part
with its provisions. Before a judicial and significant monitoring
C of the CAA.
action may be brought concerning this concentration (SMC); both of which
rule or action taken under this rule, all were vacated by a federal court and • Substantive revisions to the
administrative remedies must be subsequently removed from federal PSD Oklahoma SIP at OAC 252:100–8–
exhausted. This regulation will not have regulations. We are disapproving the 33(c)(1)(C) establishing the PM2.5 SMC
a substantial direct effect on the states, submitted provisions as inconsistent as submitted on February 6, 2012; and
on the relationship between the national with federal laws and regulations for the • Substantive revisions to the
government and the states, or on permitting of PM2.5. The EPA is Oklahoma PSD program in OAC
distribution of power and finalizing this disapproval under section 252:100–8–35(a)(2) establishing the
responsibilities among the various 110 and part C of the Clean Air Act PM2.5 PSD SILs provision as submitted
levels of Government. Therefore, in (CAA). on February 6, 2012.
accordance with E.O. 13132, it is The EPA is disapproving the revisions
determined this regulation does not This rule is effective on
DATES: listed because the submitted provisions
have sufficient Federalism implications November 28, 2016. are inconsistent with the federal
to warrant the preparation of a ADDRESSES: The EPA has established a statutory and regulatory permitting
Federalism Assessment. docket for this action under Docket ID requirements for PM2.5. Upon the
No. EPA–R06–OAR–2012–0263. All effective date of this final disapproval,
List of Subjects in 29 CFR Part 20 owners or operators of a proposed
documents in the docket are listed on
Administrative wage garnishment, the http://www.regulations.gov Web source or modification will continue to
Debt collection, Labor. site. Although listed in the index, some satisfy the source impact analysis
Signed at Washington, DC, on this 17th day information is not publicly available, provisions for PM2.5 as required under
of October, 2016. e.g., Confidential Business Information the Oklahoma SIP at OAC 252:100–8–
Thomas E. Perez, or other information whose disclosure is 35(a)(1). Additionally, the State of
U.S. Secretary of Labor. restricted by statute. Certain other Oklahoma will continue to have the
material, such as copyrighted material, necessary authority to require
PART 20—FEDERAL CLAIMS is not placed on the Internet and will be monitoring of PM2.5 under the
COLLECTION publicly available only in hard copy Oklahoma SIP at OAC 252:100–8–
form. Publicly available docket 35.1(b)(3), consistent with the
■ Accordingly, the interim rule provisions of 40 CFR 52.21(m). This
materials are available either
amending 29 CFR part 20 which was final disapproval does not require the
electronically through http://
published at 80 FR 60797 on October 8, EPA to promulgate a Federal
www.regulations.gov or in hard copy at
2015, is adopted as a final rule without Implementation Plan, because the
the EPA Region 6, 1445 Ross Avenue,
change. Oklahoma PSD SIP program continues
Suite 700, Dallas, Texas 75202–2733.
[FR Doc. 2016–26093 Filed 10–27–16; 8:45 am] to satisfy the Federal PSD SIP
BILLING CODE 4510–7C–P
FOR FURTHER INFORMATION CONTACT: requirements for PM2.5 monitoring and
Adina Wiley, (214) 665–2115, source impact analysis. We are
wiley.adina@epa.gov. finalizing this disapproval under section
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: 110 and part C of the Act; as such, the
AGENCY Throughout this document wherever EPA will not impose sanctions as a
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean result of this final disapproval.
40 CFR Part 52 the EPA. III. Statutory and Executive Order
[EPA–R06–OAR–2012–0263; FRL–9953–46– I. Background Reviews
Region 6]
A. Executive Order 12866: Regulatory
The background for this action is
Approval and Promulgation of Planning and Review and Executive
discussed in detail in our August 11,
Implementation Plans; Oklahoma; Order 13563: Improving Regulation and
2016, proposed disapproval at 81 FR
Disapproval of Prevention of Regulatory Review
53098. In that document, we proposed
Significant Deterioration for Particulate to disapprove the severable portions of This action is not a significant
Matter Less Than 2.5 Micrometers— the February 6, 2012, Oklahoma SIP regulatory action and was therefore not
Significant Impact Levels and submittal which establish the voluntary submitted to the Office of Management
Significant Monitoring Concentration PM2.5 SILs provision and SMC. We and Budget (OMB) for review.
AGENCY: Environmental Protection presented our preliminary
B. Paperwork Reduction Act (PRA)
Agency (EPA). determination that these submitted
ACTION: Final rule. revisions to the Oklahoma SIP must be This action does not impose an
disapproved because they establish information collection burden under the
ehiers on DSK5VPTVN1PROD with RULES

SUMMARY: The Environmental Protection permitting SIP requirements that are PRA. There is no burden imposed under
Agency (EPA) is disapproving the inconsistent with the federal statutory the PRA because this action disapproves
severable portions of the February 6, and regulatory permitting requirements submitted revisions that are no longer
2012, Oklahoma State Implementation for PM2.5. We did not receive any consistent with federal laws and
Plan (SIP) submittal which establish comments regarding our proposed regulations for the regulation and
certain de minimis thresholds for disapproval permitting of PM2.5.

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74922 Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Rules and Regulations

C. Regulatory Flexibility Act (RFA) federal laws and regulations for the Dated: October 21, 2016.
I certify that this action will not have regulation and permitting of PM2.5. Ron Curry,
a significant economic impact on a Regional Administrator, Region 6.
H. Executive Order 13211: Actions
substantial number of small entities Concerning Regulations That 40 CFR part 52 is amended as follows:
under the RFA. This action will not Significantly Affect Energy Supply,
impose any requirements on small Distribution or Use PART 52—APPROVAL AND
entities. This action disapproves PROMULGATION OF
submitted revisions that are no longer This action is not subject to Executive IMPLEMENTATION PLANS
consistent with federal laws and Order 13211, because it is not a
regulations for the regulation and significant regulatory action under
■ 1. The authority citation for part 52
permitting of PM2.5, and therefore will Executive Order 12866.
continues to read as follows:
have no impact on small entities. I. National Technology Transfer and Authority: 42 U.S.C. 7401 et seq.
Advancement Act (NTTAA)
D. Unfunded Mandates Reform Act
(UMRA) This rulemaking does not involve Subpart LL—Oklahoma

This action does not contain any technical standards.
■ 2. Section 52.1922 is revised to read
unfunded mandate as described in J. Executive Order 12898: Federal as follows:
UMRA, 2 U.S.C. 1531–1538, and does Actions To Address Environmental
not significantly or uniquely affect small Justice in Minority Populations and § 52.1922 Approval status.
governments. The action imposes no Low-Income Populations (a) With the exceptions set forth in
enforceable duty on any state, local or this subpart, the Administrator approves
tribal governments or the private sector. The EPA believes the human health or
environmental risk addressed by this Oklahoma’s State Implementation Plan
This action disapproves submitted under section 110 of the Clean Air Act
revisions that are no longer consistent action will not have potential
disproportionately high and adverse for the attainment and maintenance of
with federal laws and regulations for the the national standards.
regulation and permitting of PM2.5, and human health or environmental effects
on minority, low-income or indigenous (b) The EPA is disapproving the
therefore will have no impact on small following severable portions of the
governments. populations. This action is not subject
to Executive Order 12898 because it February 6, 2012, Oklahoma SIP
E. Executive Order 13132: Federalism disapproves state permitting provisions submittal:
This action does not have federalism that are inconsistent with federal laws (1) Revisions establishing Minor New
implications. It will not have substantial and regulations for the regulation and Source Review Greenhouse Gas (GHG)
direct effects on the states, on the permitting of PM2.5. permitting requirements at OAC
relationship between the national K. Congressional Review Act (CRA) 252:100–7–2.1 as submitted on February
government and the states, or on the 6, 2012.
distribution of power and This action is subject to the CRA, and (2) Revisions to the Oklahoma
responsibilities among the various the EPA will submit a rule report to Prevention of Significant Deterioration
levels of government. each House of the Congress and to the (PSD) program in OAC 252:100–8–31
Comptroller General of the United establishing PSD permitting
F. Executive Order 13175: Consultation States. This action is not a ‘‘major rule’’ requirements for sources that are
and Coordination With Indian Tribal as defined by 5 U.S.C. 804(2). classified as major and thus required to
Governments obtain a PSD permit based solely on
L. Judicial Review
This action does not have tribal their potential GHG emissions (‘‘Step 2
implications as specified in Executive Under section 307(b)(1) of the Clean sources’’) at paragraph (E) of the
Order 13175. This action disapproves Air Act, petitions for judicial review of definition of ‘‘subject to regulation’’ as
provisions of state law that are no longer this action must be filed in the United submitted on February 6, 2012.
consistent with federal law for the States Court of Appeals for the
(3) Revisions to the Oklahoma PSD
regulation and permitting of PM2.5; there appropriate circuit by December 27,
Program at OAC 252:100–8–33(c)(1)(C)
are no requirements or responsibilities 2016. Filing a petition for
establishing the PM2.5 Significant
added or removed from Indian Tribal reconsideration by the Administrator of
Monitoring Concentration as submitted
Governments. Thus, Executive Order this final rule does not affect the finality
on February 6, 2012.
13175 does not apply to this action. of this action for the purposes of judicial
review nor does it extend the time (4) Revisions to the Oklahoma PSD
G. Executive Order 13045: Protection of within which a petition for judicial Program in OAC 252:100–8–35(a)(2)
Children From Environmental Health review may be filed, and shall not establishing the PM2.5 PSD Significant
Risks and Safety Risks postpone the effectiveness of such rule Impact Levels as submitted on February
or action. This action may not be 6, 2012.
The EPA interprets Executive Order
13045 as applying only to those challenged later in proceedings to (c) The EPA is disapproving the
regulatory actions that concern enforce its requirements. (See CAA revisions to the Oklahoma State
environmental health or safety risks that section 307(b)(2).) Implementation Plan definitions of
the EPA has reason to believe may ‘‘carbon dioxide equivalent emissions’’
List of Subjects in 40 CFR Part 52
disproportionately affect children, per at OAC 252:100–1–3 and ‘‘subject to
ehiers on DSK5VPTVN1PROD with RULES

the definition of ‘‘covered regulatory Environmental protection, Air regulation’’ at OAC 252:100–8–31 to
action’’ in section 2–202 of the pollution control, Incorporation by implement the Greenhouse Gas Biomass
Executive Order. This action is not reference, Intergovernmental relations, Deferral as submitted on January 18,
subject to Executive Order 13045 Particulate matter, Reporting and 2013.
because it disapproves state permitting recordkeeping requirements. [FR Doc. 2016–25982 Filed 10–27–16; 8:45 am]
provisions that are inconsistent with Authority: 42 U.S.C. 7401 et seq. BILLING CODE 6560–50–P

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Document Created: 2018-02-13 16:39:41
Document Modified: 2018-02-13 16:39:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on November 28, 2016.
Contact		Adina Wiley, (214) 665-2115, [email protected]
FR Citation		81 FR 74921
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements