83 FR 31511 - Approval and Promulgation of Implementation Plans; Oklahoma; General SIP Updates
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 130 (July 6, 2018)
Federal Register Volume 83, Issue 130 (July 6, 2018)
| Page Range | 31511-31513 | |
| FR Document | 2018-14493 |
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)] [Proposed Rules] [Pages 31511-31513] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14493] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2018-0350; FRL-9979-54--Region 6] Approval and Promulgation of Implementation Plans; Oklahoma; General SIP Updates AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), 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 EPA regulations. This action will address the revisions submitted to the Oklahoma SIP pertaining to incorporation by reference of federal requirements and emission inventory reporting requirements. DATES: Written comments must be received on or before August 6, 2018. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2018-0350, at http://www.regulations.gov or via email to wiley.adina@epa.gov. 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 Adina Wiley, 214-665- 2115, wiley.adina@epa.gov. 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). [[Page 31512]] FOR FURTHER INFORMATION CONTACT: Adina Wiley, (214) 665-2115, wiley.adina@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at (214) 665-7253. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. I. Background Section 110 of the Act requires states to develop air pollution regulations and control strategies to ensure that air quality meets the EPA's National Ambient Air Quality Standards. These ambient standards are established under section 109 of the Act and they currently address six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide. The state's air regulations are contained in its SIP, which is basically a clean air plan. Each state is responsible for developing SIPs to demonstrate how the NAAQS will be achieved, maintained, and enforced. The SIP must be submitted to EPA for approval and any changes a state makes to the approved SIP also must be submitted to the EPA for approval. The Oklahoma Secretary of Energy and Environment submitted revisions for approval by EPA on February 14, 2017. The submittal addresses air pollution regulations and control strategies adopted and codified in the Oklahoma Administrative Code (OAC) under Title 252 (DEQ), Chapter 100 (Air Pollution Control), Subchapter 2 and Appendix Q--Incorporation by Reference; Subchapter 5--Registration, Emission Inventory and Annual Operating Fees; Subchapter 13--Open Burning; Subchapter 17--Incinerators; Subchapter 25--Visible Emissions and Particulates; Subchapter 31--Control of Emission of Sulfur Compounds; Appendix E--Primary Ambient Air Quality Standards; and Appendix F-- Secondary Ambient Air Quality Standards. The EPA has proposed separate action to address the February 14, 2017, submission of revisions to OAC 252:100, Subchapters 13, 17, 25, 31, and Appendices E and F. See the rulemaking docket EPA-R06-OAR-2017-0145. In this action we are only addressing the February 14, 2017, submitted revisions to OAC 252:100, Subchapters 2, 5, and Appendix Q. II. The EPA's Evaluation The accompanying Technical Support Document for this action includes a detailed analysis of the submitted revisions to the Oklahoma SIP. With the exception of Subchapter 5 discussed below, the revisions are minor or non-substantive in nature and do not change the intent of the originally approved SIP requirements. Our analysis indicates that the SIP revision package submitted on February 14, 2017, has been developed in accordance with the CAA and the State provided reasonable notice and public hearing. The revisions to OAC 252:100, Subchapter 2 and Appendix Q update the incorporation by reference dates so that the Oklahoma SIP maintains consistency with federal requirements. The revisions to OAC 252:100, Subchapter 5 substantively revise the emission inventory reporting requirements. The ODEQ is revising the reporting schedule for sources with permits by rule to align with the Three-Year Cycle Inventory of the National Emission Inventory specified in 40 CFR 51.30(b). ODEQ is clarifying that permit exempt and de minimis facilities as defined in OAC 252:100, Subchapter 7 are not subject to emission inventory reporting requirements unless annual emissions from the facility exceed the federal emission thresholds listed in 40 CFR part 51, Appendix A. The ODEQ is also providing the ability for the Director to require emission inventory reporting from any facility with the potential to emit any regulated air pollutant if the data is needed for program planning or compliance with State or Federal rules, regulations, standards or requirements. The EPA has determined it is appropriate to approve revisions to the Oklahoma SIP because these revisions maintain consistency with federal requirements and will not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable CAA requirements. III. Proposed Action We are proposing to approve revisions to the Oklahoma SIP that revise the incorporation by reference dates for federal requirements and update the emission inventory reporting requirements. We have determined that the revisions submitted on February 14, 2017, were developed in accordance with the CAA and EPA's regulations. Therefore, under section 110 of the Act, the EPA proposes approval of the following revisions to the Oklahoma SIP:Revisions to OAC 252:100-2-3 and Appendix Q adopted on April 25, 2013; effective July 1, 2013; Revisions to OAC 252:100-2-3 and Appendix Q adopted on June 19, 2014; effective September 12, 2014; Revisions to OAC 252:100-2-3 and Appendix Q adopted on June 8, 2015; effective September 15, 2015; Revisions to OAC 252:100-2-3 and Appendix Q adopted on June 9, 2016; effective September 15, 2016; Revisions to OAC 252:100-5-2 adopted on June 19, 2014; effective September 12, 2014; Revisions to OAC 252:100-5-2.1 adopted on June 19, 2014; effective September 12, 2014; Revisions to OAC 252:100-5-2.1 adopted June 9, 2016; effective September 15, 2016; and Revisions to OAC 252:100-5-3 adopted on June 19, 2014; effective September 12, 2014. IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to the Oklahoma regulations as described in the Proposed Action section above. We have 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 (please contact Adina Wiley for more information). V. 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 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 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.); [[Page 31513]] 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 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, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: June 28, 2018. Anne Idsal, Regional Administrator, Region 6. [FR Doc. 2018-14493 Filed 7-5-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31511
§ 39.13 [Amended] modification, or alteration required by this ACTION: Proposed rule.
■ 2. The FAA amends § 39.13 by adding AD if it is approved by the Boeing
the following new airworthiness Commercial Airplanes Organization SUMMARY: Pursuant to the Federal Clean
Designation Authorization (ODA) that has
directive (AD): Air Act (CAA or the Act), the
been authorized by the Manager, Seattle ACO
The Boeing Company: Docket No. FAA– Branch, FAA, to make those findings. To be Environmental Protection Agency (EPA)
2018–0581; Product Identifier 2018– approved, the repair method, modification is proposing to approve revisions to the
NM–029–AD. deviation, or alteration deviation must meet State Implementation Plan (SIP) for
the certification basis of the airplane, and the Oklahoma submitted by the State of
(a) Comments Due Date approval must specifically refer to this AD. Oklahoma designee with a letter dated
We must receive comments by August 20, (4) For service information that contains February 14, 2017. The submittal covers
2018. steps that are labeled as RC, the provisions updates to the Oklahoma SIP, as
of paragraphs (h)(4)(i) and (h)(4)(ii) of this
(b) Affected ADs AD apply. contained in annual SIP updates for
None. (i) The steps labeled as RC, including 2013, 2014, 2015, and 2016, and
substeps under an RC step and any figures incorporates the latest changes to EPA
(c) Applicability
identified in an RC step, must be done to regulations. This action will address the
This AD applies to The Boeing Company comply with the AD. If a step or substep is revisions submitted to the Oklahoma
Model 777–200, –200LR, –300, and –300ER labeled ‘‘RC Exempt,’’ then the RC SIP pertaining to incorporation by
series airplanes, certificated in any category, requirement is removed from that step or
as identified in Boeing Special Attention
reference of federal requirements and
substep. An AMOC is required for any
Service Bulletin 777–25–0649, Revision 1, deviations to RC steps, including substeps
emission inventory reporting
dated October 6, 2017. and identified figures. requirements.
(ii) Steps not labeled as RC may be
(d) Subject
deviated from using accepted methods in
DATES: Written comments must be
Air Transport Association (ATA) of accordance with the operator’s maintenance received on or before August 6, 2018.
America Code 25, Equipment/furnishings. or inspection program without obtaining ADDRESSES: Submit your comments,
(e) Unsafe Condition approval of an AMOC, provided the RC steps, identified by Docket No. EPA–R06–
including substeps and identified figures, can
This AD was prompted by a report that still be done as specified, and the airplane
OAR–2018–0350, at http://
showed a non-compliance exists on some in- can be put back in an airworthy condition. www.regulations.gov or via email to
service galley attendant seat fitting wiley.adina@epa.gov. Follow the online
installations. The non-compliance could (i) Related Information instructions for submitting comments.
result in flight attendant seats failing in a (1) For more information about this AD, Once submitted, comments cannot be
high-G crash. We are issuing this AD to contact Allison Buss, Aerospace Engineer, edited or removed from Regulations.gov.
address non-compliant flight attendant seats, Cabin Safety and Environmental Systems The EPA may publish any comment
which could fail in a high-G crash and result Section, FAA, Seattle ACO Branch, 2200
in potential injury to flight attendants and South 216th St., Des Moines, WA 98198; received to its public docket. Do not
consequent inability of the flight attendants phone and fax: 206–231–3564; email: submit electronically any information
to assist with passenger evacuation in a Allison.buss@faa.gov. you consider to be Confidential
timely manner. (2) For service information identified in Business Information (CBI) or other
this AD, contact Boeing Commercial information whose disclosure is
(f) Compliance Airplanes, Attention: Contractual & Data restricted by statute. Multimedia
Comply with this AD within the Services (C&DS), 2600 Westminster Blvd., submissions (audio, video, etc.) must be
compliance times specified, unless already MC 110–SK57, Seal Beach, CA 90740–5600; accompanied by a written comment.
done. telephone 562–797–1717; internet https://
www.myboeingfleet.com. You may view this The written comment is considered the
(g) Required Actions referenced service information at the FAA, official comment and should include
Within 6 years after the effective date of Transport Standards Branch, 2200 South discussion of all points you wish to
this AD, do all applicable actions identified 216th St., Des Moines, WA. For information make. The EPA will generally not
as ‘‘RC’’ (required for compliance) in, and in on the availability of this material at the consider comments or comment
accordance with, the Accomplishment FAA, call 206–231–3195. contents located outside of the primary
Instructions of Boeing Special Attention submission (i.e. on the web, cloud, or
Service Bulletin 777–25–0649, Revision 1, Issued in Des Moines, Washington, on June
21, 2018.
other file sharing system). For
dated October 6, 2017.
additional submission methods, please
(h) Alternative Methods of Compliance Michael Kaszycki,
contact Adina Wiley, 214–665–2115,
(AMOCs) Acting Director, System Oversight Division,
wiley.adina@epa.gov. For the full EPA
Aircraft Certification Service.
(1) The Manager, Seattle ACO Branch, public comment policy, information
FAA, has the authority to approve AMOCs [FR Doc. 2018–14425 Filed 7–5–18; 8:45 am]
about CBI or multimedia submissions,
for this AD, if requested using the procedures BILLING CODE 4910–13–P and general guidance on making
found in 14 CFR 39.19. In accordance with effective comments, please visit http://
14 CFR 39.19, send your request to your www2.epa.gov/dockets/commenting-
principal inspector or local Flight Standards ENVIRONMENTAL PROTECTION
District Office, as appropriate. If sending
epa-dockets.
AGENCY Docket: The index to the docket for
information directly to the manager of the
certification office, send it to the attention of 40 CFR Part 52 this action is available electronically at
the person identified in paragraph (i)(1) of www.regulations.gov and in hard copy
daltland on DSKBBV9HB2PROD with PROPOSALS
this AD. Information may be emailed to: 9- [EPA–R06–OAR–2018–0350; FRL–9979– at the EPA Region 6, 1445 Ross Avenue,
ANM-Seattle-ACO-AMOC-Requests@faa.gov. 54—Region 6] Suite 700, Dallas, Texas. While all
(2) Before using any approved AMOC,
documents in the docket are listed in
notify your appropriate principal inspector, Approval and Promulgation of
or lacking a principal inspector, the manager the index, some information may be
Implementation Plans; Oklahoma;
of the local flight standards district office/ publicly available only at the hard copy
General SIP Updates
certificate holding district office. location (e.g., copyrighted material), and
(3) An AMOC that provides an acceptable AGENCY: Environmental Protection some may not be publicly available at
level of safety may be used for any repair, Agency (EPA). either location (e.g., CBI).
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![Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Proposed Rules 31513
• Does not contain any unfunded ACTION: Proposed rule. Air Quality Planning Unit, Air Programs
mandate or significantly or uniquely Branch (Mail Code OEP05–02), U.S.
affect small governments, as described SUMMARY: The Environmental Protection Environmental Protection Agency,
in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve Region 1, 5 Post Office Square, Suite
of 1995 (Pub. L. 104–4); State Implementation Plan (SIP) 100, Boston, Massachusetts, 02109–
• Does not have Federalism revisions submitted by the State of New 3912; (617) 918–1046;
implications as specified in Executive Hampshire. The revisions incorporate a mcconnell.robert@epa.gov.
Order 13132 (64 FR 43255, August 10, single source order into the New SUPPLEMENTARY INFORMATION:
1999); Hampshire SIP, remove a previously Throughout this document whenever
• Is not an economically significant approved order from the SIP, and ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
regulatory action based on health or approve various definitions used within EPA.
safety risks subject to Executive Order New Hampshire’s air pollution control
13045 (62 FR 19885, April 23, 1997); regulations. This action is being taken Table of Contents
• Is not a significant regulatory action under the Clean Air Act. I. Background and Purpose
subject to Executive Order 13211 (66 FR DATES: Written comments must be II. Description and Review of Submittals
28355, May 22, 2001); received on or before August 6, 2018. a. Order for the Diacom Corporation
• Is not subject to requirements of b. Withdrawal of Order for the Kalwall
ADDRESSES: Submit your comments,
section 12(d) of the National Corporation
identified by Docket ID No. EPA–R01– c. Revisions to Env-A 101, Definitions
Technology Transfer and Advancement
OAR–2017–0442 at https:// III. Proposed Action
Act of 1995 (15 U.S.C. 272 note) because
www.regulations.gov, or via email to IV. Incorporation by Reference
application of those requirements would
mcconnell.robert@epa.gov. For V. Statutory and Executive Order Reviews
be inconsistent with the CAA; and
• Does not provide EPA with the comments submitted at Regulations.gov,
follow the online instructions for I. Background and Purpose
discretionary authority to address, as
submitting comments. Once submitted, On July 24, 2017, the New Hampshire
appropriate, disproportionate human
comments cannot be edited or removed Air Resources Division (ARD) submitted
health or environmental effects, using
from Regulations.gov. For either manner a revision to its SIP consisting of an
practicable and legally permissible
of submission, the EPA may publish any order establishing reasonably available
methods, under Executive Order 12898
comment received to its public docket. control technology (RACT) requirements
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved Do not submit electronically any for the Diacom Corporation. On June 22,
to apply on any Indian reservation land information you consider to be 2017, the New Hampshire ARD
or in any other area where EPA or an Confidential Business Information (CBI) submitted a SIP revision that requested
Indian tribe has demonstrated that a or other information whose disclosure is removal from the SIP of a previously
tribe has jurisdiction. In those areas of restricted by statute. Multimedia approved RACT order for the Kalwall
Indian country, the proposed rule does submissions (audio, video, etc.) must be Corporation. On November 14, 2003, the
not have tribal implications and will not accompanied by a written comment. New Hampshire ARD submitted a
impose substantial direct costs on tribal The written comment is considered the number of SIP revision requests to EPA,
governments or preempt tribal law as official comment and should include including a request to revise its set of
specified by Executive Order 13175 (65 discussion of all points you wish to definitions used within its air pollution
FR 67249, November 9, 2000). make. The EPA will generally not control regulations. We are proposing to
consider comments or comment approve these three SIP revision
List of Subjects in 40 CFR Part 52 contents located outside of the primary requests for the reasons stated below.
Environmental protection, Air submission (i.e. on the web, cloud, or II. Description and Review of
pollution control, Incorporation by other file sharing system). For Submittals
reference, Nitrogen dioxide, Ozone, additional submission methods, please
Particulate matter, Reporting and contact the person identified in the FOR a. Order for the Diacom Corporation
recordkeeping requirements, Sulfur FURTHER INFORMATION CONTACT section. On July 24, 2017, the New Hampshire
oxides, Volatile organic compounds. For the full EPA public comment policy, ARD submitted to EPA as a SIP revision
Authority: 42 U.S.C. 7401 et seq. information about CBI or multimedia request order RO–0002 establishing
submissions, and general guidance on RACT requirements to limit emissions
Dated: June 28, 2018. making effective comments, please visit of volatile organic compounds (VOCs)
Anne Idsal, www.epa.gov/dockets/commenting-epa- for the Diacom Corporation located in
Regional Administrator, Region 6. dockets. Publicly available docket Amherst, New Hampshire. The Diacom
[FR Doc. 2018–14493 Filed 7–5–18; 8:45 am] materials are available at https:// Corporation requested a source-specific
BILLING CODE 6560–50–P www.regulations.gov or at the U.S. RACT order for VOCs for an adhesives
Environmental Protection Agency, EPA process that requires use of a high
New England Regional Office, Office of solvent-based product necessary to
ENVIRONMENTAL PROTECTION Ecosystem Protection, Air Quality obtain an extremely thin, mono-
AGENCY Planning Unit, 5 Post Office Square— molecular layer of adhesive onto fabrics
Suite 100, Boston, MA. EPA requests used in the production of diaphragms
40 CFR Part 52 that if at all possible, you contact the for the aerospace, automotive, medical,
daltland on DSKBBV9HB2PROD with PROPOSALS
[EPA–R01–OAR–2017–0442; FRL–9980– contact listed in the FOR FURTHER and food processing industries.
11—Region 1] INFORMATION CONTACT section to Diacom’s request included a technical
schedule your inspection. The Regional justification and an evaluation of
Air Plan Approval; New Hampshire; Office’s official hours of business are capture and control device technologies
Action on Single Source Orders and Monday through Friday, 8:30 a.m. to that were evaluated. No cost effective
Revision to Definitions 4:30 p.m., excluding legal holidays. capture and control technologies were
AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Bob uncovered from the evaluation. New
Agency (EPA). McConnell, Environmental Engineer, Hampshire reviewed and concurred
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Document Created: 2018-07-06 00:46:01
Document Modified: 2018-07-06 00:46:01
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before August 6, 2018. | |
| Contact | Adina Wiley, (214) 665-2115, [email protected] To inspect the hard copy materials, please schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at (214) 665-7253. | |
| FR Citation | 83 FR 31511 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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