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)

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 (PM<INF>2.5</INF>) 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 PM<INF>2.5</INF> NAAQS.

[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]


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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.

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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 PM2.5 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
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                                       Applicable           State
     Name of SIP  provision          geographic or        submittal    EPA  approval date       Explanation
                                   nonattainment area       date
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                                                  * * * * * * *
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).
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[FR Doc. 2018-14372 Filed 7-3-18; 8:45 am]
 BILLING CODE 6560-50-P