82 FR 27121 - Approval and Promulgation of Implementation Plans; Oklahoma; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 113 (June 14, 2017)
Federal Register Volume 82, Issue 113 (June 14, 2017)
| Page Range | 27121-27122 | |
| FR Document | 2017-12209 |
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)] [Rules and Regulations] [Pages 27121-27122] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12209] [[Page 27121]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2015-0142; FRL-9958-61-Region 6] Approval and Promulgation of Implementation Plans; Oklahoma; Infrastructure and Interstate Transport for the 2012 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) submission from the State of Oklahoma for the 2012 Fine Particulate Matter (PM2.5 ) National Ambient Air Quality Standard (NAAQS or standard). The submission addresses how the existing SIP provides for implementation, maintenance, and enforcement of this NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures that the Oklahoma SIP is adequate to meet the State's responsibilities under the CAA. DATES: This rule is effective on July 14, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2015-0142. 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: Wendy Jacques, 214-665-7395, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' means the EPA. I. Background The background for this action is discussed in detail in our November 21, 2016 proposal (81 FR 83184). In that proposed rule, we proposed to partially approve and partially disapprove the June 16, 2016, infrastructure SIP submission from Oklahoma, which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2012 PM2.5 NAAQS. We also proposed to disapprove a portion of the January 28, 2015 i-SIP submission for the 2010 SO2 NAAQS. We proposed disapproval for both submissions only as to the portions that address CAA section 110(a)(2)(D)(i)(II); the requirement for visibility protection in other States. CAA section 110(a)(2)(D)(i)(II) requires the SIP for a new or revised NAAQS to contain adequate provisions to prohibit emissions which will interfere with required measures for any other State for (1) prevention of significant deterioration (PSD) of air quality or (2) visibility protection. We did not receive any comments regarding our proposal. At this time, we are not acting on the portions of the 2012 PM2.5 and 2010 SO2 NAAQS i-SIP submissions that address CAA section 110(a)(2)(D)(i)(II) as it relates to visibility protection in other States. We also note that the State did not address CAA section 110(a)(2)(D)(i)(I) \1\ in the June 16, 2016 submittal for the 2012 PM2.5 NAAQS, thus we are not taking action to approve or disapprove the requirements for that section. The State submitted an i-SIP revision to address the requirements in CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS on December 19, 2016; we expect to act on that submittal at a later time. --------------------------------------------------------------------------- \1\ CAA section 110(a)(2)(D)(i)(I) requires the SIP to contain adequate provisions to prohibit emissions to other States which will (1) contribute significantly to nonattainment of a new or revised NAAQS or (2) interfere with maintenance of that NAAQS. --------------------------------------------------------------------------- II. Final Action We are approving the portions of the June 16, 2016 Oklahoma infrastructure SIP submission for the 2012 PM2.5 NAAQS that address CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II) as it relates to the prevention of interference with PSD, (D)(ii), (E)(i), (E)(ii), (F), (G), (H), (J), (K), (L) and (M). The i-SIP addresses how the existing SIP provides for implementation, maintenance, and enforcement of the 2012 PM2.5 NAAQS and is adequate to meet the State's responsibilities under the CAA. III. Statutory and Executive Order Reviews Under the Clean Air Act, 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, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves 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 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 Clean Air Act; 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 [[Page 27122]] 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 action 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 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 August 14, 2017. 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 section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Interstate transport of pollution, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: June 1, 2017. Samuel Coleman, Acting 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. In Sec. 52.1920(e), the first table titled ``EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP'' is amended by adding an entry for ``Infrastructure for the 2012 PM 2.5 NAAQS'' at the end to read as follows: Sec. 52.1920 Identification of plan. * * * * * (e) * * * EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP ---------------------------------------------------------------------------------------------------------------- Applicable State Name of SIP provision geographic or submittal EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure for the 2012 PM2.5 Statewide........... 6/16/2016 6/14/2017 [Insert FR Does not address NAAQS. page number where 110(a)(2)(D)(i)(I). document begins]. No action on 110(a)(2)(D) (i)(II) (visibility portion). ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-12209 Filed 6-13-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations 27121
ENVIRONMENTAL PROTECTION submission from Oklahoma, which approve state choices, provided that
AGENCY addresses the requirements of CAA they meet the criteria of the Clean Air
sections 110(a)(1) and (2) as applicable Act. Accordingly, this action merely
40 CFR Part 52 to the 2012 PM2.5 NAAQS. We also approves state law as meeting Federal
[EPA–R06–OAR–2015–0142; FRL–9958–61– proposed to disapprove a portion of the requirements and does not impose
Region 6] January 28, 2015 i-SIP submission for additional requirements beyond those
the 2010 SO2 NAAQS. We proposed imposed by state law. For that reason,
Approval and Promulgation of disapproval for both submissions only this action:
Implementation Plans; Oklahoma; as to the portions that address CAA • Is not a ‘‘significant regulatory
Infrastructure and Interstate Transport section 110(a)(2)(D)(i)(II); the action’’ subject to review by the Office
for the 2012 Fine Particulate Matter requirement for visibility protection in of Management and Budget under
Standard other States. CAA section Executive Orders 12866 (58 FR 51735,
110(a)(2)(D)(i)(II) requires the SIP for a October 4, 1993) and 13563 (76 FR 3821,
AGENCY: Environmental Protection new or revised NAAQS to contain January 21, 2011);
Agency (EPA). adequate provisions to prohibit • Does not impose an information
ACTION: Final rule. emissions which will interfere with collection burden under the provisions
required measures for any other State of the Paperwork Reduction Act (44
SUMMARY: Pursuant to the Federal Clean for (1) prevention of significant U.S.C. 3501 et seq.);
Air Act (CAA or the Act), the deterioration (PSD) of air quality or (2) • Is certified as not having a
Environmental Protection Agency (EPA) visibility protection. We did not receive significant economic impact on a
is approving elements of a State any comments regarding our proposal. substantial number of small entities
Implementation Plan (SIP) submission At this time, we are not acting on the under the Regulatory Flexibility Act (5
from the State of Oklahoma for the 2012 portions of the 2012 PM2.5 and 2010 SO2 U.S.C. 601 et seq.);
Fine Particulate Matter (PM2.5) National NAAQS i-SIP submissions that address • Does not contain any unfunded
Ambient Air Quality Standard (NAAQS CAA section 110(a)(2)(D)(i)(II) as it mandate or significantly or uniquely
or standard). The submission addresses relates to visibility protection in other affect small governments, as described
how the existing SIP provides for States. We also note that the State did in the Unfunded Mandates Reform Act
implementation, maintenance, and not address CAA section of 1995 (Pub. L. 104–4);
enforcement of this NAAQS 110(a)(2)(D)(i)(I) 1 in the June 16, 2016 • Does not have Federalism
(infrastructure SIP or i-SIP). The i-SIP submittal for the 2012 PM2.5 NAAQS, implications as specified in Executive
ensures that the Oklahoma SIP is thus we are not taking action to approve Order 13132 (64 FR 43255, August 10,
adequate to meet the State’s or disapprove the requirements for that 1999);
responsibilities under the CAA. section. The State submitted an i-SIP • Is not an economically significant
DATES: This rule is effective on July 14, revision to address the requirements in regulatory action based on health or
2017. CAA section 110(a)(2)(D)(i)(I) for the safety risks subject to Executive Order
ADDRESSES: The EPA has established a 2012 PM2.5 NAAQS on December 19, 13045 (62 FR 19885, April 23, 1997);
docket for this action under Docket ID 2016; we expect to act on that submittal • Is not a significant regulatory action
No. EPA–R06–OAR–2015–0142. All at a later time. subject to Executive Order 13211 (66 FR
documents in the docket are listed on II. Final Action 28355, May 22, 2001);
the http://www.regulations.gov Web • Is not subject to requirements of
We are approving the portions of the
site. Although listed in the index, some section 12(d) of the National
June 16, 2016 Oklahoma infrastructure
information is not publicly available, Technology Transfer and Advancement
SIP submission for the 2012 PM2.5
e.g., Confidential Business Information Act of 1995 (15 U.S.C. 272 note) because
NAAQS that address CAA sections
or other information whose disclosure is application of those requirements would
110(a)(2)(A), (B), (C), (D)(i)(II) as it
restricted by statute. Certain other be inconsistent with the Clean Air Act;
relates to the prevention of interference
material, such as copyrighted material, and
with PSD, (D)(ii), (E)(i), (E)(ii), (F), (G),
is not placed on the Internet and will be • Does not provide EPA with the
(H), (J), (K), (L) and (M). The i-SIP
publicly available only in hard copy discretionary authority to address, as
addresses how the existing SIP provides
form. Publicly available docket appropriate, disproportionate human
for implementation, maintenance, and
materials are available either health or environmental effects, using
enforcement of the 2012 PM2.5 NAAQS
electronically through http:// practicable and legally permissible
and is adequate to meet the State’s
www.regulations.gov or in hard copy at methods, under Executive Order 12898
responsibilities under the CAA.
the EPA Region 6, 1445 Ross Avenue, (59 FR 7629, February 16, 1994).
Suite 700, Dallas, Texas 75202–2733. III. Statutory and Executive Order In addition, the SIP is not approved to
FOR FURTHER INFORMATION CONTACT: Reviews apply on any Indian reservation land or
Wendy Jacques, 214–665–7395, Under the Clean Air Act, the in any other area where EPA or an
jacques.wendy@epa.gov. Administrator is required to approve a Indian tribe has demonstrated that a
SUPPLEMENTARY INFORMATION: SIP submission that complies with the tribe has jurisdiction. In those areas of
Throughout this document ‘‘we,’’ ‘‘us,’’ provisions of the Act and applicable Indian country, the rule does not have
and ‘‘our’’ means the EPA. Federal regulations. 42 U.S.C. 7410(k); tribal implications and will not impose
40 CFR 52.02(a). Thus, in reviewing SIP substantial direct costs on tribal
I. Background
mstockstill on DSK30JT082PROD with RULES
submissions, the EPA’s role is to governments or preempt tribal law as
The background for this action is specified by Executive Order 13175 (65
discussed in detail in our November 21, 1 CAA section 110(a)(2)(D)(i)(I) requires the SIP to FR 67249, November 9, 2000).
2016 proposal (81 FR 83184). In that contain adequate provisions to prohibit emissions The Congressional Review Act, 5
to other States which will (1) contribute
proposed rule, we proposed to partially significantly to nonattainment of a new or revised
U.S.C. 801 et seq., as added by the Small
approve and partially disapprove the NAAQS or (2) interfere with maintenance of that Business Regulatory Enforcement
June 16, 2016, infrastructure SIP NAAQS. Fairness Act of 1996, generally provides
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![27122 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
that before a rule may take effect, the not affect the finality of this action for PART 52—APPROVAL AND
agency promulgating the rule must the purposes of judicial review nor does PROMULGATION OF
submit a rule report, which includes a it extend the time within which a IMPLEMENTATION PLANS
copy of the rule, to each House of the petition for judicial review may be filed,
Congress and to the Comptroller General and shall not postpone the effectiveness ■ 1. The authority citation for part 52
of the United States. EPA will submit a of such rule or action. This action may continues to read as follows:
report containing this action and other not be challenged later in proceedings to
required information to the U.S. Senate, enforce its requirements. (See section Authority: 42 U.S.C. 7401 et seq.
the U.S. House of Representatives, and 307(b)(2).)
the Comptroller General of the United Subpart LL—Oklahoma
States prior to publication of the rule in List of Subjects in 40 CFR Part 52
the Federal Register. A major rule Environmental protection, Air ■ 2. In § 52.1920(e), the first table titled
cannot take effect until 60 days after it pollution control, Incorporation by ‘‘EPA-Approved Nonregulatory
is published in the Federal Register. reference, Intergovernmental relations, Provisions and Quasi-Regulatory
This action is not a ‘‘major rule’’ as Interstate transport of pollution, Measures in the Oklahoma SIP’’ is
defined by 5 U.S.C. 804(2). Particulate matter, Reporting and amended by adding an entry for
Under section 307(b)(1) of the Clean recordkeeping requirements, Sulfur ‘‘Infrastructure for the 2012 PM2.5
Air Act, petitions for judicial review of oxides. NAAQS’’ at the end to read as follows:
this action must be filed in the United Dated: June 1, 2017.
States Court of Appeals for the § 52.1920 Identification of plan.
Samuel Coleman,
appropriate circuit by August 14, 2017. * * * * *
Filing a petition for reconsideration by Acting Regional Administrator, Region 6.
(e) * * *
the Administrator of this final rule does 40 CFR part 52 is amended as follows:
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
State
Applicable geographic or
Name of SIP provision submittal EPA approval date Explanation
nonattainment area date
* * * * * * *
Infrastructure for the 2012 Statewide ................................ 6/16/2016 6/14/2017 [Insert FR page Does not address 110(a)(2)
PM2.5 NAAQS. number where document (D)(i)(I). No action on 110(a)
begins]. (2)(D) (i)(II) (visibility por-
tion).
* * * * * inspection and maintenance (I/M) and discussion of all points you wish to
[FR Doc. 2017–12209 Filed 6–13–17; 8:45 am] nonattainment new source review make. The EPA will generally not
BILLING CODE 6560–50–P (NNSR) in the Dallas/Fort Worth ozone consider comments or comment
nonattainment area (DFW area). contents located outside of the primary
DATES: This rule is effective on submission (i.e. on the web, cloud, or
ENVIRONMENTAL PROTECTION other file sharing system). For
September 12, 2017 without further
AGENCY additional submission methods, please
notice, unless the EPA receives relevant
40 CFR Part 52 adverse comment by July 14, 2017. If the contact Carl Young, 214–665–6645,
EPA receives such comment, the EPA young.carl@epa.gov. For the full EPA
[EPA–R06–OAR–2015–0833; FRL–9962–48- will publish a timely withdrawal in the public comment policy, information
Region 6] Federal Register informing the public about CBI or multimedia submissions,
that this rule will not take effect. and general guidance on making
Approval and Promulgation of effective comments, please visit http://
ADDRESSES: Submit your comments,
Implementation Plans; Texas; Clean www2.epa.gov/dockets/commenting-
identified by Docket No. EPA–R06–
Air Act Requirements for Vehicle epa-dockets.
OAR–2015–0833, at http://
Inspection and Maintenance and
www.regulations.gov or via email to Docket: The index to the docket for
Nonattainment New Source Review
young.carl@epa.gov. Follow the online this action is available electronically at
AGENCY: Environmental Protection instructions for submitting comments. www.regulations.gov and in hard copy
Agency (EPA). Once submitted, comments cannot be at EPA Region 6, 1445 Ross Avenue,
ACTION: Direct final rule. edited or removed from Regulations.gov. Suite 700, Dallas, Texas. While all
The EPA may publish any comment documents in the docket are listed in
SUMMARY: Pursuant to the Federal Clean received to its public docket. Do not the index, some information may be
Air Act (CAA or Act), the submit electronically any information publicly available only at the hard copy
Environmental Protection Agency (EPA) you consider to be Confidential location (e.g., copyrighted material), and
mstockstill on DSK30JT082PROD with RULES
is approving a State Implementation Business Information (CBI) or other some may not be publicly available at
Plan (SIP) revision submitted by the information whose disclosure is either location (e.g., CBI).
State of Texas for the 2008 8-hour ozone restricted by statute. Multimedia
national ambient air quality standards submissions (audio, video, etc.) must be FOR FURTHER INFORMATION CONTACT: Mr.
(NAAQS). The SIP revision being accompanied by a written comment. Carl Young, 214–665–6645, young.carl@
approved pertains to CAA 2008 ozone The written comment is considered the epa.gov. To inspect the hard copy
NAAQS requirements for vehicle official comment and should include materials, please schedule an
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Document Created: 2017-06-14 01:24:09
Document Modified: 2017-06-14 01:24:09
| 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 July 14, 2017. | |
| Contact | Wendy Jacques, 214-665-7395, [email protected] | |
| FR Citation | 82 FR 27121 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Interstate Transport of Pollution; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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