83_FR_12570 83 FR 12514 - Approval and Promulgation of State Implementation Plans, Oklahoma

83 FR 12514 - Approval and Promulgation of State Implementation Plans, Oklahoma

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 56 (March 22, 2018)

Page Range12514-12516
FR Document2018-05766

The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for Oklahoma submitted by the State of Oklahoma designee with a letter dated February 14, 2017. The submittal covers updates to the Oklahoma SIP, as contained in annual SIP updates for 2013, 2014, 2015, and 2016, and incorporates the latest changes to the EPA regulations. The overall intended outcome of this action is to make the approved Oklahoma SIP consistent with current Federal and State requirements. This action is being taken in accordance with the federal Clean Air Act (the Act) March 22, 2018.

Federal Register, Volume 83 Issue 56 (Thursday, March 22, 2018)
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12514-12516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05766]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0145; FRL-9975-55-Region 6]


Approval and Promulgation of State Implementation Plans, Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) for Oklahoma 
submitted by the State of Oklahoma designee with a letter dated 
February 14, 2017. The submittal covers updates to the Oklahoma SIP, as 
contained in annual SIP updates for 2013, 2014, 2015, and 2016, and 
incorporates the latest changes to the EPA regulations. The overall 
intended outcome of this action is to make the approved Oklahoma SIP 
consistent with current Federal and State requirements. This action is 
being taken in accordance with the federal Clean Air Act (the Act) 
March 22, 2018.

DATES: Comments must be received on or before April 23, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0145, at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Alan Shar, (214) 665-
6691, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the 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: Mr. Alan Shar (6MM-AA), (214) 665-
6691, [email protected]. To inspect the hard copy materials, please 
schedule an appointment with Mr. Alan Shar.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

I. Background

    On November 3, 2015 (80 FR 67647), the EPA finalized, among other 
things, its approval of revisions to Oklahoma Administrative Code (OAC) 
Title 252 Department of Environmental Quality (ODEQ), Chapter 100 Air 
Pollution Control (OAC:252:100), Subchapter 17 Incinerators, Subchapter 
25 Visible Emissions and Particulates, Appendix E Primary Ambient Air 
Quality Standards, and Appendix F Secondary Ambient Air Quality 
Standards.
    The submittal dated February 14, 2017 (February 14, 2017 Submittal, 
or Submittal) which is the subject of this proposed action includes 
revisions to Subchapters 2 Incorporation by Reference, 5 Registration, 
Emission Inventory and Annual Operating Fees, 13 Open Burning, 17 
Incinerators, 25 Visible Emissions and Particulates, 31 Control of 
Emission of Sulfur Compounds, Appendix E Primary Ambient Air Quality 
Standards, Appendix F Secondary Ambient Air Quality Standards, and 
Appendix Q Incorporation by Reference of OAC:252:100. The Submittal 
covers the annual updates for the years 2013, 2014, 2015, and 2016.
    The criteria used to evaluate these SIP revisions are found 
primarily in section 110 of the Act. Section 110(l) requires that a SIP 
revision submitted to the EPA be adopted after reasonable notice and 
public hearing and also requires that the EPA not approve a SIP 
revision if the revision would interfere with any applicable 
requirement concerning

[[Page 12515]]

attainment and reasonable further progress, or any other applicable 
requirement of the Act. See the Technical Support Document (TSD) 
prepared in conjunction with this action for more information.

II. Evaluation

    Subchapters 2, 5, and Appendix Q of the Submittal are air permit-
related provisions of the Oklahoma SIP, and we are not acting upon 
these provisions in this rulemaking action. The EPA plans to act on 
these provisions separately in a future rulemaking action.
    In this action, we are proposing to approve revisions to OAC 
252:100, Subchapters 13, 17, 25, 31, Appendix E, and Appendix F, as 
contained in the Submittal. Appendices E and F adopt primary and 
secondary National Ambient Air Quality Standards (NAAQS), respectively.
    OAC 252:100, Subchapter 13 imposes requirements for controlling 
open burning of refuse and other combustible materials. It defines 
``air curtain incinerator'' or ``air curtain destructor'' as an 
incineration unit that operates by forcefully projecting a curtain of 
air across an open, integrated combustion chamber (fire box) or open 
pit or trench (trench burner) in which combustion occurs.
    The Subchapter 13 revisions limit allowed open burning when an 
Ozone or PM Watch has been declared for the day of the burn in an area. 
This provision is intended to assist with attaining and maintaining the 
Ozone and PM NAAQS. Section OAC 252:100-13-8 concerns the use of air 
curtain incinerators and prohibits the owner or operator of an air 
curtain incinerator from accepting to burn any material owned by other 
persons and transporting any material to the property where the air 
curtain incinerator is located unless the material is 100 percent wood 
waste, 100 percent clean lumber, or 100 percent mixture of wood waste 
and clean lumber. This provision makes the open burning activities more 
stringent and assists with compliance determinations. Revisions to OAC 
252:100-13-8 also mandate compliance with applicable federal 
incineration requirements of 40 CFR part 60. See the TSD prepared in 
conjunction with this rulemaking action for more information.
    Since the record indicates that the submitted revisions to 
Subchapter 13 make applicability determinations clearer and improves 
compliance, we find that the Oklahoma SIP has not been relaxed and that 
the requirements of section 110(l) of the Act have been satisfied. See 
the TSD in the docket for this action. Therefore, we are proposing to 
approve the submitted revisions to Subchapter 13 into the Oklahoma SIP.
    OAC 252:100, Subchapter 17 specifies design and operating 
requirements and establishes emission limitations for incinerators and 
municipal waste combustors. Submitted revisions to OAC 252:100-17, Part 
3 General Purpose Incinerators and Part 9 Commercial and Industrial 
Solid Waste Incineration (CISWI) Units adjust enforceable requirements 
and compliance dates consistent with revisions to federal requirements 
dated February 7, 2013 (78 FR 9112). More specifically, the submitted 
revisions incorporate changes to 40 CFR part 60, subpart DDDD Emissions 
Guidelines and Compliance Times for Commercial and Industrial Solid 
Waste Incineration (CISWI) Units, Model Rule, Sections 60.2575 through 
60.2875, including Tables 1 through 9. The State has adopted federal 
requirements for incinerators through an Incorporation By Reference 
(IBR) mechanism. See 64 FR 57392, and 70 FR 73595. The proposed 
revisions will render Subchapter 17 consistent with federal 
requirements and make the SIP more stringent. See the TSD for more 
information. Therefore, we are proposing to approve the submitted 
revisions to Subchapter 17 into the Oklahoma SIP.
    OAC 252:100, Subchapter 25 concerns visible emissions and 
particulates and its purpose is to control visible emissions and 
particulate matter from the operation of specified air contaminant 
sources. More specifically, submitted revisions to OAC 252:100-25-5 
require owners or operators of listed stationary sources install, 
calibrate, operate, and maintain all monitoring equipment for 
continuously monitoring opacity; it also requires compliance with 40 
CFR part 60, Appendix B, and 40 CFR part 51, Appendix P. The proposed 
revisions will render Subchapter 25 consistent with federal 
requirements and make the SIP more stringent. See the TSD for more 
information. Therefore, we are proposing to approve the submitted 
revisions to Subchapter 25 into Oklahoma SIP.
    ODEQ revised OAC 252:100, Subchapter 31 in 2002, 2003 (twice), 
2012, and 2013. As a part of our review of the February 14, 2017 
Submittal, each one of these five revisions has been evaluated in the 
TSD associated with this action.
    In particular, Subchapter 252:100:31 concerns control of emission 
of sulfur compounds and its purpose is control emissions of sulfur 
compounds from stationary sources. Revisions to 252:100:31-25(3) state 
that required SO2 emissions monitoring systems must comply 
with the provisions of 40 CFR part 60, Appendix B, and 40 CFR part 51, 
Appendix P. As a result, the proposed revisions will be consistent with 
federal requirements and make the SIP more stringent. In addition, by 
replacing State's outdated 24-hour and annual SO2 standards 
with the more stringent up-to-date short term federal 2010 1-Hour 
SO2 standard (75 FR 35520, June 22, 2010), Subchapter 31 
will provide for even better protection of public health and 
environment and make the SIP more stringent. See the TSD for more 
information. Therefore, we are proposing to approve the submitted 
revisions to Subchapter 31 into the Oklahoma SIP.
    OAC 252:100, Appendix E concerns the primary NAAQS set forth to 
provide public health protection, including protecting the health of 
``sensitive'' populations such as asthmatics, children, and the 
elderly. The submitted revision to Appendix E adopts the primary 2015 
8-Hour ozone NAAQS and is consistent with 40 CFR 50.19, making the SIP 
more stringent. Also, see https://www.epa.gov/criteria-air-pollutants/naaqs-table. Therefore, we are proposing to approve the submitted 
revisions to OAC 252:100, Appendix E into the Oklahoma SIP. See the TSD 
for more information.
    OAC 252:100, Appendix F concerns the secondary NAAQS set forth to 
provide public welfare protection, including protection against 
decreased visibility and damage to animals, crops, vegetation, and 
buildings. The submitted revision to Appendix F concerns the secondary 
2015 8-Hour ozone NAAQS and is consistent with 40 CFR 50.19, making the 
SIP more stringent. Also, see https://www.epa.gov/criteria-air-pollutants/naaqs-table. Therefore, we are proposing to approve the 
submitted revisions to OAC 252:100, Appendix F into the Oklahoma SIP.

III. Proposed Action

    We are proposing to approve revisions to OAC 252:100, Subchapters 
13, 17, 25, 31, Appendix E, and Appendix F, as submitted to us by a 
letter dated February 14, 2017 (Submittal). The Submittal covers 
Oklahoma's updates for the years 2013, 2014, 2015, and 2016. We are 
proposing to approve these revisions in accordance with Section 110 of 
the Act.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text

[[Page 12516]]

that includes incorporation by reference. In accordance with the 
requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to Oklahoma's regulations, as described in the 
Proposed Action section above. The EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the 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, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. 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 Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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 
proposed 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: March 16, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-05766 Filed 3-21-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 12514                  Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules

                                                    (2) The number and types of licenses                 concerns. Accordingly, specific licenses are          contact Mr. Alan Shar, (214) 665–6691,
                                                 approved;                                               no longer required for these transactions.            shar.alan@epa.gov. For the full EPA
                                                    (3) The average amount of time                                                                             public comment policy, information
                                                                                                         John E. Smith,                                        about CBI or multimedia submissions,
                                                 elapsed from the date of filing of a                    Director, Office of Foreign Assets Control.
                                                 license application until the date of its                                                                     and general guidance on making
                                                 approval;
                                                                                                         [FR Doc. 2018–05638 Filed 3–21–18; 8:45 am]           effective comments, please visit http://
                                                                                                         BILLING CODE 4810–25–P                                www2.epa.gov/dockets/commenting-
                                                    (4) The extent to which the licensing                                                                      epa-dockets.
                                                 procedures were effectively                                                                                      Docket: The index to the docket for
                                                 implemented; and                                        ENVIRONMENTAL PROTECTION                              this action is available electronically at
                                                    (5) A description of comments                        AGENCY                                                www.regulations.gov and in hard copy
                                                 received from interested parties about                                                                        at the EPA Region 6, 1445 Ross Avenue,
                                                 the extent to which the licensing                       40 CFR Part 52                                        Suite 700, Dallas, Texas. While all
                                                 procedures were effective, after holding                                                                      documents in the docket are listed in
                                                                                                         [EPA–R06–OAR–2017–0145; FRL–9975–55–
                                                 a public 30-day comment period.                                                                               the index, some information may be
                                                                                                         Region 6]
                                                                                                                                                               publicly available only at the hard copy
                                                    This document solicits comments                                                                            location (e.g., copyrighted material), and
                                                 from interested parties regarding the                   Approval and Promulgation of State
                                                                                                         Implementation Plans, Oklahoma                        some may not be publicly available at
                                                 effectiveness of OFAC’s licensing                                                                             either location (e.g., CBI).
                                                 procedures for the export of agricultural               AGENCY:  Environmental Protection                     FOR FURTHER INFORMATION CONTACT: Mr.
                                                 commodities, medicine, and medical                      Agency (EPA).                                         Alan Shar (6MM–AA), (214) 665–6691,
                                                 devices to Sudan and Iran for the time                  ACTION: Proposed rule.                                shar.alan@epa.gov. To inspect the hard
                                                 period of October 1, 2014 to September                                                                        copy materials, please schedule an
                                                 30, 2016. Interested parties submitting                 SUMMARY:    The Environmental Protection              appointment with Mr. Alan Shar.
                                                 comments are asked to be as specific as                 Agency (EPA) is proposing to approve
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                 possible. In the interest of accuracy and               revisions to the State Implementation
                                                                                                                                                               Throughout this document ‘‘we,’’ ‘‘us,’’
                                                 completeness, OFAC requires written                     Plan (SIP) for Oklahoma submitted by
                                                                                                                                                               and ‘‘our’’ refer to EPA.
                                                 comments. All comments received on or                   the State of Oklahoma designee with a
                                                 before April 23, 2018 will be considered                letter dated February 14, 2017. The                   I. Background
                                                 by OFAC in developing the report to the                 submittal covers updates to the                          On November 3, 2015 (80 FR 67647),
                                                 Congress. Consideration of comments                     Oklahoma SIP, as contained in annual                  the EPA finalized, among other things,
                                                 received after the end of the comment                   SIP updates for 2013, 2014, 2015, and                 its approval of revisions to Oklahoma
                                                 period cannot be assured.                               2016, and incorporates the latest                     Administrative Code (OAC) Title 252
                                                                                                         changes to the EPA regulations. The                   Department of Environmental Quality
                                                    All comments made will be a matter                   overall intended outcome of this action
                                                 of public record. OFAC will not accept                                                                        (ODEQ), Chapter 100 Air Pollution
                                                                                                         is to make the approved Oklahoma SIP                  Control (OAC:252:100), Subchapter 17
                                                 comments accompanied by a request                       consistent with current Federal and
                                                 that part or all of the comments be                                                                           Incinerators, Subchapter 25 Visible
                                                                                                         State requirements. This action is being              Emissions and Particulates, Appendix E
                                                 treated confidentially because of their                 taken in accordance with the federal
                                                 business proprietary nature or for any                                                                        Primary Ambient Air Quality Standards,
                                                                                                         Clean Air Act (the Act) March 22, 2018.               and Appendix F Secondary Ambient Air
                                                 other reason; OFAC will not consider
                                                                                                         DATES: Comments must be received on                   Quality Standards.
                                                 them and will return such comments
                                                                                                         or before April 23, 2018.                                The submittal dated February 14,
                                                 when submitted by regular mail to the
                                                 person submitting the comments.                         ADDRESSES: Submit your comments,                      2017 (February 14, 2017 Submittal, or
                                                                                                         identified by Docket No. EPA–R06–                     Submittal) which is the subject of this
                                                    Copies of past biennial reports may be               OAR–2017–0145, at http://                             proposed action includes revisions to
                                                 obtained from OFAC’s website                            www.regulations.gov or via email to                   Subchapters 2 Incorporation by
                                                 (www.treasury.gov/resource-center/                      shar.alan@epa.gov. Follow the online                  Reference, 5 Registration, Emission
                                                 sanctions/Programs/Pages/lic-agmed-                     instructions for submitting comments.                 Inventory and Annual Operating Fees,
                                                 index.aspx). Written requests may be                    Once submitted, comments cannot be                    13 Open Burning, 17 Incinerators, 25
                                                 sent to: Office of Foreign Assets Control,              edited or removed from Regulations.gov.               Visible Emissions and Particulates, 31
                                                 U.S. Department of the Treasury,                        The EPA may publish any comment                       Control of Emission of Sulfur
                                                 Freedman’s Bank Building, 1500                          received to its public docket. Do not                 Compounds, Appendix E Primary
                                                 Pennsylvania Ave. NW, Washington, DC                    submit electronically any information                 Ambient Air Quality Standards,
                                                 20220, Attn: Assistant Director for                     you consider to be Confidential                       Appendix F Secondary Ambient Air
                                                 Licensing.                                              Business Information (CBI) or other                   Quality Standards, and Appendix Q
                                                    Note 1: On December 23, 2016, OFAC                   information whose disclosure is                       Incorporation by Reference of
                                                 published amendments to the Iranian                     restricted by statute. Multimedia                     OAC:252:100. The Submittal covers the
                                                 Transactions and Sanctions Regulations, 31              submissions (audio, video, etc.) must be              annual updates for the years 2013, 2014,
                                                 CFR part 560, to expand the scope of medical            accompanied by a written comment.                     2015, and 2016.
                                                 devices and agricultural commodities                    The written comment is considered the                    The criteria used to evaluate these SIP
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                                                 generally authorized for export or reexport to          official comment and should include                   revisions are found primarily in section
                                                 Iran pursuant to the Act. This amendment                discussion of all points you wish to                  110 of the Act. Section 110(l) requires
                                                 also included new or expanded                           make. The EPA will generally not                      that a SIP revision submitted to the EPA
                                                 authorizations related to training,                     consider comments or comment                          be adopted after reasonable notice and
                                                 replacement parts, software, and services for           contents located outside of the primary               public hearing and also requires that the
                                                 the operation, maintenance, and repair of               submission (i.e. on the web, cloud, or                EPA not approve a SIP revision if the
                                                 medical devices, and items that are broken or           other file sharing system). For                       revision would interfere with any
                                                 connected to product recalls or other safety            additional submission methods, please                 applicable requirement concerning


                                            VerDate Sep<11>2014   18:44 Mar 21, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\22MRP1.SGM   22MRP1


                                                                        Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules                                            12515

                                                 attainment and reasonable further                       this action. Therefore, we are proposing              stationary sources. Revisions to
                                                 progress, or any other applicable                       to approve the submitted revisions to                 252:100:31–25(3) state that required SO2
                                                 requirement of the Act. See the                         Subchapter 13 into the Oklahoma SIP.                  emissions monitoring systems must
                                                 Technical Support Document (TSD)                           OAC 252:100, Subchapter 17 specifies               comply with the provisions of 40 CFR
                                                 prepared in conjunction with this action                design and operating requirements and                 part 60, Appendix B, and 40 CFR part
                                                 for more information.                                   establishes emission limitations for                  51, Appendix P. As a result, the
                                                                                                         incinerators and municipal waste                      proposed revisions will be consistent
                                                 II. Evaluation                                          combustors. Submitted revisions to                    with federal requirements and make the
                                                    Subchapters 2, 5, and Appendix Q of                  OAC 252:100–17, Part 3 General                        SIP more stringent. In addition, by
                                                 the Submittal are air permit-related                    Purpose Incinerators and Part 9                       replacing State’s outdated 24-hour and
                                                 provisions of the Oklahoma SIP, and we                  Commercial and Industrial Solid Waste                 annual SO2 standards with the more
                                                 are not acting upon these provisions in                 Incineration (CISWI) Units adjust                     stringent up-to-date short term federal
                                                 this rulemaking action. The EPA plans                   enforceable requirements and                          2010 1-Hour SO2 standard (75 FR 35520,
                                                 to act on these provisions separately in                compliance dates consistent with                      June 22, 2010), Subchapter 31 will
                                                 a future rulemaking action.                             revisions to federal requirements dated               provide for even better protection of
                                                    In this action, we are proposing to                  February 7, 2013 (78 FR 9112). More                   public health and environment and
                                                 approve revisions to OAC 252:100,                       specifically, the submitted revisions                 make the SIP more stringent. See the
                                                 Subchapters 13, 17, 25, 31, Appendix E,                 incorporate changes to 40 CFR part 60,                TSD for more information. Therefore,
                                                 and Appendix F, as contained in the                     subpart DDDD Emissions Guidelines                     we are proposing to approve the
                                                 Submittal. Appendices E and F adopt                     and Compliance Times for Commercial                   submitted revisions to Subchapter 31
                                                 primary and secondary National                          and Industrial Solid Waste Incineration               into the Oklahoma SIP.
                                                 Ambient Air Quality Standards                           (CISWI) Units, Model Rule, Sections                      OAC 252:100, Appendix E concerns
                                                 (NAAQS), respectively.                                  60.2575 through 60.2875, including                    the primary NAAQS set forth to provide
                                                    OAC 252:100, Subchapter 13 imposes                   Tables 1 through 9. The State has                     public health protection, including
                                                 requirements for controlling open                       adopted federal requirements for                      protecting the health of ‘‘sensitive’’
                                                 burning of refuse and other combustible                 incinerators through an Incorporation                 populations such as asthmatics,
                                                 materials. It defines ‘‘air curtain                     By Reference (IBR) mechanism. See 64                  children, and the elderly. The submitted
                                                 incinerator’’ or ‘‘air curtain destructor’’             FR 57392, and 70 FR 73595. The                        revision to Appendix E adopts the
                                                 as an incineration unit that operates by                proposed revisions will render                        primary 2015 8-Hour ozone NAAQS and
                                                 forcefully projecting a curtain of air                  Subchapter 17 consistent with federal                 is consistent with 40 CFR 50.19, making
                                                 across an open, integrated combustion                   requirements and make the SIP more                    the SIP more stringent. Also, see https://
                                                 chamber (fire box) or open pit or trench                stringent. See the TSD for more                       www.epa.gov/criteria-air-pollutants/
                                                 (trench burner) in which combustion                     information. Therefore, we are                        naaqs-table. Therefore, we are
                                                 occurs.                                                 proposing to approve the submitted                    proposing to approve the submitted
                                                    The Subchapter 13 revisions limit                    revisions to Subchapter 17 into the                   revisions to OAC 252:100, Appendix E
                                                 allowed open burning when an Ozone                      Oklahoma SIP.                                         into the Oklahoma SIP. See the TSD for
                                                 or PM Watch has been declared for the                      OAC 252:100, Subchapter 25 concerns                more information.
                                                 day of the burn in an area. This                        visible emissions and particulates and                   OAC 252:100, Appendix F concerns
                                                 provision is intended to assist with                    its purpose is to control visible                     the secondary NAAQS set forth to
                                                 attaining and maintaining the Ozone                     emissions and particulate matter from                 provide public welfare protection,
                                                 and PM NAAQS. Section OAC 252:100–                      the operation of specified air                        including protection against decreased
                                                 13–8 concerns the use of air curtain                    contaminant sources. More specifically,               visibility and damage to animals, crops,
                                                 incinerators and prohibits the owner or                 submitted revisions to OAC 252:100–                   vegetation, and buildings. The
                                                 operator of an air curtain incinerator                  25–5 require owners or operators of                   submitted revision to Appendix F
                                                 from accepting to burn any material                     listed stationary sources install,                    concerns the secondary 2015 8-Hour
                                                 owned by other persons and                              calibrate, operate, and maintain all                  ozone NAAQS and is consistent with 40
                                                 transporting any material to the                        monitoring equipment for continuously                 CFR 50.19, making the SIP more
                                                 property where the air curtain                          monitoring opacity; it also requires                  stringent. Also, see https://
                                                 incinerator is located unless the                       compliance with 40 CFR part 60,                       www.epa.gov/criteria-air-pollutants/
                                                 material is 100 percent wood waste, 100                 Appendix B, and 40 CFR part 51,                       naaqs-table. Therefore, we are
                                                 percent clean lumber, or 100 percent                    Appendix P. The proposed revisions                    proposing to approve the submitted
                                                 mixture of wood waste and clean                         will render Subchapter 25 consistent                  revisions to OAC 252:100, Appendix F
                                                 lumber. This provision makes the open                   with federal requirements and make the                into the Oklahoma SIP.
                                                 burning activities more stringent and                   SIP more stringent. See the TSD for
                                                 assists with compliance determinations.                 more information. Therefore, we are                   III. Proposed Action
                                                 Revisions to OAC 252:100–13–8 also                      proposing to approve the submitted                       We are proposing to approve revisions
                                                 mandate compliance with applicable                      revisions to Subchapter 25 into                       to OAC 252:100, Subchapters 13, 17, 25,
                                                 federal incineration requirements of 40                 Oklahoma SIP.                                         31, Appendix E, and Appendix F, as
                                                 CFR part 60. See the TSD prepared in                       ODEQ revised OAC 252:100,                          submitted to us by a letter dated
                                                 conjunction with this rulemaking action                 Subchapter 31 in 2002, 2003 (twice),                  February 14, 2017 (Submittal). The
                                                 for more information.                                   2012, and 2013. As a part of our review               Submittal covers Oklahoma’s updates
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                                                    Since the record indicates that the                  of the February 14, 2017 Submittal, each              for the years 2013, 2014, 2015, and
                                                 submitted revisions to Subchapter 13                    one of these five revisions has been                  2016. We are proposing to approve these
                                                 make applicability determinations                       evaluated in the TSD associated with                  revisions in accordance with Section
                                                 clearer and improves compliance, we                     this action.                                          110 of the Act.
                                                 find that the Oklahoma SIP has not been                    In particular, Subchapter 252:100:31
                                                 relaxed and that the requirements of                    concerns control of emission of sulfur                IV. Incorporation by Reference
                                                 section 110(l) of the Act have been                     compounds and its purpose is control                    In this action, we are proposing to
                                                 satisfied. See the TSD in the docket for                emissions of sulfur compounds from                    include in a final rule regulatory text


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                                                 12516                  Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules

                                                 that includes incorporation by                             • Does not provide EPA with the                    comprised of a portion of Warren
                                                 reference. In accordance with the                       discretionary authority to address, as                County (Conewango Township, Glade
                                                 requirements of 1 CFR 51.5, we are                      appropriate, disproportionate human                   Township, Pleasant Township, and the
                                                 proposing to incorporate by reference                   health or environmental effects, using                City of Warren) in Pennsylvania
                                                 revisions to Oklahoma’s regulations, as                 practicable and legally permissible                   surrounding the United Refining
                                                 described in the Proposed Action                        methods, under Executive Order 12898                  Company (hereafter referred to as
                                                 section above. The EPA has made, and                    (59 FR 7629, February 16, 1994).                      ‘‘United Refining’’). The SIP submission
                                                 will continue to make, these documents                  In addition, the SIP is not approved to               is an attainment plan which includes
                                                 generally available electronically                      apply on any Indian reservation land or               the base year emissions inventory, an
                                                 through www.regulations.gov and in                      in any other area where EPA or an                     analysis of the reasonably available
                                                 hard copy at the EPA Region 6 office.                   Indian tribe has demonstrated that a                  control technology (RACT) and
                                                 V. Statutory and Executive Order                        tribe has jurisdiction. In those areas of             reasonably available control measure
                                                 Reviews                                                 Indian country, the proposed rule does                (RACM) requirements, a reasonable
                                                                                                         not have tribal implications and will not             further progress (RFP) plan, a modeling
                                                    Under the Act, the Administrator is                  impose substantial direct costs on tribal             demonstration of SO2 attainment,
                                                 required to approve a SIP submission                    governments or preempt tribal law as                  contingency measures, and a
                                                 that complies with the provisions of the                specified by Executive Order 13175 (65                nonattainment new source review
                                                 Act and applicable Federal regulations.                 FR 67249, November 9, 2000).                          (NNSR) program for the Warren Area.
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           As part of approving the attainment
                                                 Thus, in reviewing SIP submissions,                     List of Subjects in 40 CFR Part 52
                                                                                                                                                               plan, EPA is also proposing to approve
                                                 EPA’s role is to approve state choices,                   Environmental protection, Air                       into the Pennsylvania SIP new SO2
                                                 provided that they meet the criteria of                 pollution control, Hydrocarbons,                      emission limits and associated
                                                 the Act. Accordingly, this action merely                Incorporation by reference,                           compliance parameters for United
                                                 proposes to approve state law as                        Intergovernmental relations, Reporting                Refining. EPA proposes to approve
                                                 meeting Federal requirements and does                   and recordkeeping requirements,                       Pennsylvania’s attainment plan and
                                                 not impose additional requirements                      Volatile organic compounds.                           concludes that the Warren Area will
                                                 beyond those imposed by state law. For                                                                        attain the 2010 1-hour primary SO2
                                                                                                           Authority: 42 U.S.C. 7401 et seq.
                                                 that reason, this action:                                                                                     NAAQS by the applicable attainment
                                                    • Is not a ‘‘significant regulatory                    Dated: March 16, 2018.
                                                                                                                                                               date and that the plan meets all
                                                 action’’ subject to review by the Office                Anne Idsal,
                                                                                                                                                               applicable requirements under the
                                                 of Management and Budget under                          Regional Administrator, Region 6.                     Clean Air Act (CAA).
                                                 Executive Order 12866 (58 FR 51735,                     [FR Doc. 2018–05766 Filed 3–21–18; 8:45 am]
                                                 October 4, 1993) and 13563 (76 FR 3821,                 BILLING CODE 6560–50–P
                                                                                                                                                               DATES: Written comments must be
                                                 January 21, 2011);                                                                                            received on or before April 23, 2018.
                                                    • Is not an Executive Order 13771 (82
                                                                                                                                                               ADDRESSES:   Submit your comments,
                                                 FR 9339, February 2, 2017) regulatory                   ENVIRONMENTAL PROTECTION                              identified by Docket ID No. EPA–R03–
                                                 action because SIP approvals are                        AGENCY                                                OAR–2017–0578 at http://
                                                 exempted under Executive Order 12866;
                                                    • Does not impose an information                                                                           www.regulations.gov, or via email to
                                                                                                         40 CFR Part 52
                                                 collection burden under the provisions                                                                        spielberger.susan@epa.gov. For
                                                                                                         [EPA–R03–OAR–2017–0578; FRL–9975–87–                  comments submitted at Regulations.gov,
                                                 of the Paperwork Reduction Act (44                      Region 3]
                                                 U.S.C. 3501 et seq.);                                                                                         follow the online instructions for
                                                    • Is certified as not having a                                                                             submitting comments. Once submitted,
                                                                                                         Approval and Promulgation of Air                      comments cannot be edited or removed
                                                 significant economic impact on a                        Quality Implementation Plans;
                                                 substantial number of small entities                                                                          from Regulations.gov. For either manner
                                                                                                         Pennsylvania; Attainment Plan for the                 of submission, EPA may publish any
                                                 under the Regulatory Flexibility Act (5                 Warren, Pennsylvania Nonattainment
                                                 U.S.C. 601 et seq.);                                                                                          comment received to its public docket.
                                                                                                         Area for the 2010 Sulfur Dioxide                      Do not submit electronically any
                                                    • Does not contain any unfunded                      Primary National Ambient Air Quality
                                                 mandate or significantly or uniquely                                                                          information you consider to be
                                                                                                         Standard                                              confidential business information (CBI)
                                                 affect small governments, as described
                                                 in the Unfunded Mandates Reform Act                     AGENCY:  Environmental Protection                     or other information whose disclosure is
                                                 of 1995 (Pub. L. 104–4);                                Agency (EPA).                                         restricted by statute. Multimedia
                                                    • Does not have Federalism                           ACTION: Proposed rule.                                submissions (audio, video, etc.) must be
                                                 implications as specified in Executive                                                                        accompanied by a written comment.
                                                 Order 13132 (64 FR 43255, August 10,                    SUMMARY:    The Environmental Protection              The written comment is considered the
                                                 1999);                                                  Agency (EPA) is proposing to approve a                official comment and should include
                                                    • Is not an economically significant                 state implementation plan (SIP)                       discussion of all points you wish to
                                                 regulatory action based on health or                    revision, submitted by the                            make. EPA will generally not consider
                                                 safety risks subject to Executive Order                 Commonwealth of Pennsylvania                          comments or comment contents located
                                                 13045 (62 FR 19885, April 23, 1997);                    through the Pennsylvania Department of                outside of the primary submission (i.e.
                                                    • Is not a significant regulatory action             Environmental Protection (PADEP), to                  on the web, cloud, or other file sharing
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 subject to Executive Order 13211 (66 FR                 EPA on September 29, 2017, for the                    system). For additional submission
                                                 28355, May 22, 2001);                                   purpose of providing for attainment of                methods, please contact the person
                                                    • Is not subject to requirements of                  the 2010 1-hour sulfur dioxide (SO2)                  identified in the FOR FURTHER
                                                 section 12(d) of the National                           primary national ambient air quality                  INFORMATION CONTACT section. For the
                                                 Technology Transfer and Advancement                     standard (NAAQS) in the Warren,                       full EPA public comment policy,
                                                 Act of 1995 (15 U.S.C. 272 note) because                Pennsylvania SO2 nonattainment area                   information about CBI or multimedia
                                                 application of those requirements would                 (hereafter referred to as the ‘‘Warren                submissions, and general guidance on
                                                 be inconsistent with the Act; and                       Area’’ or ‘‘Area’’). The Warren Area is               making effective comments, please visit


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Document Created: 2018-03-22 01:24:58
Document Modified: 2018-03-22 01:24:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before April 23, 2018.
ContactMr. Alan Shar (6MM-AA), (214) 665- 6691, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Alan Shar.
FR Citation83 FR 12514 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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