83 FR 31330 - Approval and Promulgation of Implementation Plans; Oklahoma; Interstate Transport Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 129 (July 5, 2018)
Federal Register Volume 83, Issue 129 (July 5, 2018)
| Page Range | 31330-31331 | |
| FR Document | 2018-14372 |
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)] [Rules and Regulations] [Pages 31330-31331] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14372] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2017-0052; FRL-9979-96--Region 6] Approval and Promulgation of Implementation Plans; Oklahoma; Interstate Transport Requirements for the 2012 PM2.5 NAAQS 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 portions of Oklahoma's State Implementation Plan (SIP) submittal, that addresses a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 fine particulate matter (PM2.5 ) National Ambient Air Quality Standards (NAAQS) in other states. EPA finds that emissions from Oklahoma sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. DATES: This rule is effective on August 6, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2017-0052. All documents in the docket are listed on the http://www.regulations.gov website. 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: Sherry Fuerst, 214-665-6454, [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 May 18, 2018 proposal (83 FR 23244). In that document we proposed to approve portions of Oklahoma's SIP submittal, that addresses a CAA requirement that SIPs account for potential interstate transport of air pollution that significantly contributes to nonattainment or interferes with maintenance of the 2012 PM2.5 NAAQS in other states. We proposed to determine that emissions from Oklahoma sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. We received three anonymous public comments on the proposed rulemaking action. The comments are posted to the docket (EPA-R06-OAR- 2017-0052). In the first comment, received on May 19, 2018, the commenter makes a comment regarding the President and his recent allegations against the FBI. Such comment is irrelevant and is outside the scope of this specific rule making action. In the second comment, received May 20, 2018, the commenter raised concerns regarding the validity of the UN Intergovernmental Panel on Climate Change and governments' reliance on the panel's recommendations. Such comment is irrelevant and is outside the scope of this specific rule making action. In the third and final comment, received on June 3, 2018, the commenter raised concerns and doubts about the effectiveness of environmental regulations. Such comment is irrelevant and is outside the scope of this specific rule making action. II. Final Action We are approving the portions of the December 19, 2016 Oklahoma SIP revision pertaining to emissions that significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in other states. We find that emissions from Oklahoma sources do not contribute significantly to nonattainment in, or interfere with maintenance by, any other state with regard to the 2012 PM2.5 NAAQS. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not [[Page 31331]] 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); 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 CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this 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 September 3, 2018. 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, Particulate matter. Dated: June 28, 2018. Anne Idsal, 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 table titled ``EPA-Approved Oklahoma Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP'' is amended by adding an entry at the end for ``Interstate transport for the 2012 PM 2.5 NAAQS (contribute to nonattainment or interfere with maintenance)'' 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * Interstate transport for the Statewide.......... 12/19/2016 7/5/2018, [Insert ..................... 2012 PM2.5 NAAQS (contribute to Federal Register nonattainment or interfere with citation]. maintenance). ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-14372 Filed 7-3-18; 8:45 am] BILLING CODE 6560-50-P
![31330 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations
EPA effective
Rule title State effective date Final rule citation, date Comments
date
* * * * * * *
XXI. Section 110(a)(2)(D)(i)(I) Interstate Transport Submitted: 1/25/2016 ....... 8/6/2018 [Insert Federal Register
Requirements for the 2012 PM2.5 NAAQS. citation], 7/5/2018.
Subpart ZZ—Wyoming § 52.2620 Identification of plan.
* * * * *
■ 6. Section 52.2620, paragraph (e), is
amended by adding table entry (30) to (e) * * *
read as follows:
State effective EPA Effective
Rule No. Rule title Final rule citation, date Comments
date date
(30) XXX ............ Interstate transport SIP for Section 6/24/2016 8/6/2018 [Insert Federal Reg-
110(a)(2)(D)(i)(I) prongs 1 and 2 for the 2012 ister citation], 7/5/
PM2.5 NAAQS. 2018.
[FR Doc. 2018–14386 Filed 7–3–18; 8:45 am] information is not publicly available, allegations against the FBI. Such
BILLING CODE 6560–50–P e.g., Confidential Business Information comment is irrelevant and is outside the
or other information whose disclosure is scope of this specific rule making
restricted by statute. Certain other action. In the second comment, received
ENVIRONMENTAL PROTECTION material, such as copyrighted material, May 20, 2018, the commenter raised
AGENCY is not placed on the internet and will be concerns regarding the validity of the
publicly available only in hard copy UN Intergovernmental Panel on Climate
40 CFR Part 52 form. Publicly available docket Change and governments’ reliance on
[EPA–R06–OAR–2017–0052; FRL–9979– materials are available either the panel’s recommendations. Such
96—Region 6] electronically through http:// comment is irrelevant and is outside the
www.regulations.gov or in hard copy at scope of this specific rule making
Approval and Promulgation of the EPA Region 6, 1445 Ross Avenue, action. In the third and final comment,
Implementation Plans; Oklahoma; Suite 700, Dallas, Texas 75202–2733. received on June 3, 2018, the
Interstate Transport Requirements for FOR FURTHER INFORMATION CONTACT: commenter raised concerns and doubts
the 2012 PM2.5 NAAQS Sherry Fuerst, 214–665–6454, about the effectiveness of environmental
AGENCY: Environmental Protection fuerst.sherry@epa.gov. regulations. Such comment is irrelevant
Agency (EPA). SUPPLEMENTARY INFORMATION: and is outside the scope of this specific
ACTION: Final rule. Throughout this document ‘‘we,’’ ‘‘us,’’ rule making action.
and ‘‘our’’ means the EPA. II. Final Action
SUMMARY: Pursuant to the Federal Clean
Air Act (CAA or the Act), the I. Background We are approving the portions of the
Environmental Protection Agency (EPA) The background for this action is December 19, 2016 Oklahoma SIP
is approving portions of Oklahoma’s discussed in detail in our May 18, 2018 revision pertaining to emissions that
State Implementation Plan (SIP) proposal (83 FR 23244). In that significantly contribute to
submittal, that addresses a CAA document we proposed to approve nonattainment or interfere with
requirement that SIPs account for portions of Oklahoma’s SIP submittal, maintenance of the 2012 PM2.5 NAAQS
potential interstate transport of air that addresses a CAA requirement that in other states. We find that emissions
pollution that significantly contributes SIPs account for potential interstate from Oklahoma sources do not
to nonattainment or interferes with transport of air pollution that contribute significantly to
maintenance of the 2012 fine particulate significantly contributes to nonattainment in, or interfere with
matter (PM2.5) National Ambient Air nonattainment or interferes with maintenance by, any other state with
Quality Standards (NAAQS) in other maintenance of the 2012 PM2.5 NAAQS regard to the 2012 PM2.5 NAAQS.
states. EPA finds that emissions from in other states. We proposed to
Oklahoma sources do not contribute III. Statutory and Executive Order
determine that emissions from Reviews
significantly to nonattainment in, or Oklahoma sources do not contribute
interfere with maintenance by, any significantly to nonattainment in, or Under the CAA, the Administrator is
other state with regard to the 2012 PM2.5 interfere with maintenance by, any required to approve a SIP submission
NAAQS. other state with regard to the 2012 PM2.5 that complies with the provisions of the
DATES: This rule is effective on August NAAQS. Act and applicable Federal regulations.
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6, 2018. We received three anonymous public 42 U.S.C. 7410(k); 40 CFR 52.02(a).
ADDRESSES: The EPA has established a comments on the proposed rulemaking Thus, in reviewing SIP submissions, the
docket for this action under Docket ID action. The comments are posted to the EPA’s role is to approve state choices,
No. EPA–R06–OAR–2017–0052. All docket (EPA–R06–OAR–2017–0052). In provided that they meet the criteria of
documents in the docket are listed on the first comment, received on May 19, the CAA. Accordingly, this action
the http://www.regulations.gov website. 2018, the commenter makes a comment merely approves state law as meeting
Although listed in the index, some regarding the President and his recent Federal requirements and does not
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![Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations 31331
impose additional requirements beyond • Does not provide EPA with the reconsideration by the Administrator of
those imposed by state law. For that discretionary authority to address, as this final rule does not affect the finality
reason, this action: appropriate, disproportionate human of this action for the purposes of judicial
• Is not a ‘‘significant regulatory health or environmental effects, using review nor does it extend the time
action’’ subject to review by the Office practicable and legally permissible within which a petition for judicial
of Management and Budget under methods, under Executive Order 12898 review may be filed, and shall not
Executive Orders 12866 (58 FR 51735, (59 FR 7629, February 16, 1994). postpone the effectiveness of such rule
October 4, 1993) and 13563 (76 FR 3821, In addition, the SIP is not approved or action. This action may not be
January 21, 2011); to apply on any Indian reservation land challenged later in proceedings to
• Is not an Executive Order 13771 (82 or in any other area where EPA or an enforce its requirements. (See section
FR 9339, February 2, 2017) regulatory Indian tribe has demonstrated that a 307(b)(2).)
action because SIP approvals are tribe has jurisdiction. In those areas of
List of Subjects in 40 CFR Part 52
exempted under Executive Order 12866; Indian country, the rule does not have
• Does not impose an information tribal implications and will not impose Environmental protection, Air
collection burden under the provisions substantial direct costs on tribal pollution control, Incorporation by
of the Paperwork Reduction Act (44 governments or preempt tribal law as reference, Particulate matter.
U.S.C. 3501 et seq.); specified by Executive Order 13175 (65 Dated: June 28, 2018.
• Is certified as not having a FR 67249, November 9, 2000). Anne Idsal,
significant economic impact on a The Congressional Review Act, 5 Regional Administrator, Region 6.
substantial number of small entities U.S.C. 801 et seq., as added by the Small
under the Regulatory Flexibility Act (5 Business Regulatory Enforcement 40 CFR part 52 is amended as follows:
U.S.C. 601 et seq.); Fairness Act of 1996, generally provides
PART 52—APPROVAL AND
• Does not contain any unfunded that before a rule may take effect, the
PROMULGATION OF
mandate or significantly or uniquely agency promulgating the rule must
IMPLEMENTATION PLANS
affect small governments, as described submit a rule report, which includes a
in the Unfunded Mandates Reform Act copy of the rule, to each House of the ■ 1. The authority citation for part 52
of 1995 (Pub. L. 104–4); Congress and to the Comptroller General continues to read as follows:
• Does not have Federalism of the United States. EPA will submit a
implications as specified in Executive report containing this action and other Authority: 42 U.S.C. 7401 et seq.
Order 13132 (64 FR 43255, August 10, required information to the U.S. Senate, Subpart LL—Oklahoma
1999); the U.S. House of Representatives, and
• Is not an economically significant the Comptroller General of the United ■ 2. In § 52.1920(e) the table titled
regulatory action based on health or States prior to publication of the rule in ‘‘EPA-Approved Oklahoma
safety risks subject to Executive Order the Federal Register. A major rule Nonregulatory Provisions and Quasi-
13045 (62 FR 19885, April 23, 1997); cannot take effect until 60 days after it Regulatory Measures in the Oklahoma
• Is not a significant regulatory action is published in the Federal Register. SIP’’ is amended by adding an entry at
subject to Executive Order 13211 (66 FR This action is not a ‘‘major rule’’ as the end for ‘‘Interstate transport for the
28355, May 22, 2001); defined by 5 U.S.C. 804(2). 2012 PM2.5 NAAQS (contribute to
• Is not subject to requirements of Under section 307(b)(1) of the Clean nonattainment or interfere with
section 12(d) of the National Air Act, petitions for judicial review of maintenance)’’ to read as follows:
Technology Transfer and Advancement this action must be filed in the United
Act of 1995 (15 U.S.C. 272 note) because States Court of Appeals for the § 52.1920 Identification of plan.
application of those requirements would appropriate circuit by September 3, * * * * *
be inconsistent with the CAA; and 2018. Filing a petition for (e) * * *
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Applicable State
Name of SIP EPA
geographic or submittal Explanation
provision approval date
nonattainment area date
* * * * * * *
Interstate transport for the 2012 PM2.5 NAAQS (con- Statewide ......................... 12/19/2016 7/5/2018, [Insert Federal
tribute to nonattainment or interfere with mainte- Register citation].
nance).
* * * * *
[FR Doc. 2018–14372 Filed 7–3–18; 8:45 am]
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Document Created: 2018-07-03 23:40:35
Document Modified: 2018-07-03 23:40:35
| 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 August 6, 2018. | |
| Contact | Sherry Fuerst, 214-665-6454, [email protected] | |
| FR Citation | 83 FR 31330 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Particulate Matter |
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