83 FR 44236 - Approval and Promulgation of Implementation Plans; Oklahoma; General SIP Updates
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 169 (August 30, 2018)
Federal Register Volume 83, Issue 169 (August 30, 2018)
| Page Range | 44236-44238 | |
| FR Document | 2018-18657 |
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)] [Rules and Regulations] [Pages 44236-44238] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18657] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2018-0350; FRL-9982-47--Region 6] Approval and Promulgation of Implementation Plans; Oklahoma; General SIP Updates 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 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 includes 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 addresses the revisions submitted to the Oklahoma SIP pertaining to incorporation by reference of federal requirements and emission inventory reporting requirements. DATES: This rule is effective on October 1, 2018. [[Page 44237]] ADDRESSES: The EPA has established a docket for this action under Docket ID No.EPA-R06-OAR-2018-0350. 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: Adina Wiley, 214-665-2115, [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 July 6, 2018, proposal at 83 FR 31511. In that document, we proposed to approve revisions to the Oklahoma SIP submitted by letter dated February 14, 2017, from the Oklahoma Secretary of Energy and Environment that pertain to incorporation by reference of federal requirements and emission inventory reporting requirements. Specifically, we proposed to approve the revisions to Subchapter 2, Subchapter 5, and Appendix Q under Title 252, Chapter 100 of the Oklahoma Administrative Code (OAC). We received two comments on our July 6, 2018, proposal. One commenter provided personal observations regarding former EPA Administrator Scott Pruitt. One commenter provided comments about reducing greenhouse gas emissions through forest management practices. Neither of these comments is relevant to our proposed rulemaking to approve the updates to the incorporation by reference of federal requirements or updates to the Oklahoma emission inventory reporting requirements. Since these comments are not relevant to the specific action EPA proposed, the EPA will not be responding to these comments or making any changes to our proposed rulemaking because of these comments. II. Final Action We are approving 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 these revisions, submitted by Oklahoma on February 14, 2017, were developed in accordance with the CAA and EPA's regulations. Therefore, under section 110 of the Act, the EPA approves 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 rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the revisions to the Oklahoma regulations as described in the Final Action section above. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 6 Office (please contact Adina Wiley for more information). Therefore, these materials have been approved by the EPA for inclusion in the Oklahoma SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of this final rulemaking, and will be incorporated by reference in the next update to the SIP compilation. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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, 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 [[Page 44238]] 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 October 29, 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 23, 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(c), the table titled ``EPA Approved Oklahoma Regulations'' is amended by revising the entries for Sections 252:100- 2-3; 252:100-5-2; 252:100-5-2.1; 252:100-5-3; and 252:100, Appendix Q to read as follows: Sec. 52.1920 Identification of plan. * * * * * (c) * * * EPA Approved Oklahoma Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 252:100-2-3........................ Incorporation by 9/15/2016 8/30/2018, [Insert ................................ reference. Federal Register citation]. * * * * * * * 252:100-5-2........................ Registration of 9/12/2014 8/30/2018, [Insert ................................ potential sources of Federal Register air contaminants. citation]. 252:100-5-2.1...................... Emission inventory.... 9/15/2016 8/30/2018, [Insert ................................ Federal Register citation]. * * * * * * * 252:100-5-3........................ Confidentiality of 9/12/2014 8/30/2018, [Insert ................................ proprietary Federal Register information. citation]. * * * * * * * 252:100, Appendix Q................ Incorporation by 9/15/2016 8/30/2018, [Insert ................................ reference. Federal Register citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-18657 Filed 8-29-18; 8:45 am] BILLING CODE 6560-50-P
![44236 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
Coast Guard will not retaliate against environment. This rule involves permitted by the Captain of the Port
small entities that question or complain establishment of a safety zone on Lake Lake Michigan or a designated on-scene
about this rule or any policy or action Michigan in Chicago, IL. It is representative.
of the Coast Guard. categorically excluded from further (3) The ‘‘on-scene representative’’ of
review under paragraph L60(a) of the Captain of the Port Lake Michigan
C. Collection of Information
Appendix A, Table 1 of DHS Instruction is any Coast Guard commissioned,
This rule will not call for a new Manual 023–01–001–01, Rev. 01. A warrant or petty officer who has been
collection of information under the Record of Environmental Consideration designated by the Captain of the Port
Paperwork Reduction Act of 1995 (44 supporting this determination is Lake Michigan to act on his or her
U.S.C. 3501–3520). available in the docket where indicated behalf.
D. Federalism and Indian Tribal under ADDRESSES. (4) Vessel operators desiring to enter
Governments or operate within the safety zone shall
G. Protest Activities
contact the Captain of the Port Lake
A rule has implications for federalism The Coast Guard respects the First Michigan or an on-scene representative
under Executive Order 13132, Amendment rights of protesters. to obtain permission to do so. The
Federalism, if it has a substantial direct Protesters are asked to contact the Captain of the Port Lake Michigan or an
effect on the States, on the relationship person listed in the FOR FURTHER on-scene representative may be
between the national government and INFORMATION CONTACT section to contacted via VHF Channel 16 or at
the States, or on the distribution of coordinate protest activities so that your (414) 747–7182. Vessel operators given
power and responsibilities among the message can be received without permission to enter or operate in the
various levels of government. We have jeopardizing the safety or security of safety zone must comply with all
analyzed this rule under that Order and people, places or vessels. directions given to them by the Captain
have determined that it is consistent of the Port Lake Michigan, or an on-
with the fundamental federalism List of Subjects in 33 CFR Part 165
scene representative.
principles and preemption requirements Harbors, Marine safety, Navigation
described in Executive Order 13132. Dated: August 6, 2018.
(water), Reporting and recordkeeping
Also, this rule does not have tribal requirements, Security measures, Thomas J. Stuhlreyer,
implications under Executive Order Waterways. Captain, U.S. Coast Guard, Captain of the
13175, Consultation and Coordination Port, Lake Michigan.
For the reasons discussed in the
with Indian Tribal Governments, preamble, the Coast Guard amends 33 [FR Doc. 2018–18850 Filed 8–29–18; 8:45 am]
because it does not have a substantial CFR parts 165 as follows: BILLING CODE 9110–04–P
direct effect on one or more Indian
tribes, on the relationship between the PART 165—REGULATED NAVIGATION
Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION
or on the distribution of power and
■ 1. The authority citation for part 165 AGENCY
responsibilities between the Federal
Government and Indian tribes. If you continues to read as follows: 40 CFR Part 52
believe this rule has implications for Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
federalism or Indian tribes, please 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [EPA–R06–OAR–2018–0350; FRL–9982–
contact the person listed in the FOR Department of Homeland Security Delegation 47—Region 6]
FURTHER INFORMATION CONTACT section No. 0170.1.
above. ■ 2. Add § 165.T09–0707 to read as Approval and Promulgation of
follows: Implementation Plans; Oklahoma;
E. Unfunded Mandates Reform Act General SIP Updates
The Unfunded Mandates Reform Act § 165.T09–0707 Safety zone; Lake
Michigan, Chicago, Illinois. AGENCY: Environmental Protection
of 1995 (2 U.S.C. 1531–1538) requires
(a) Location. All navigable waters of Agency (EPA).
Federal agencies to assess the effects of
their discretionary regulatory actions. In Lake Michigan near Chicago, Illinois, ACTION: Final rule.
particular, the Act addresses actions bounded by a line drawn position
SUMMARY: Pursuant to the Federal Clean
that may result in the expenditure by a 41°49.903′ N, 087°36.161′ W, then
Air Act (CAA or the Act), the
State, local, or tribal government, in the northeast to 41°50.029′ N, 087°35.863′
Environmental Protection Agency (EPA)
aggregate, or by the private sector of W, then southeast to 41°49.576′ N,
is approving revisions to the State
$100,000,000 (adjusted for inflation) or 087°35.503′ W, then southwest to
Implementation Plan (SIP) for
more in any one year. Though this rule 41°49.484′ N, 087°35.850′ W, then along
Oklahoma submitted by the State of
will not result in such an expenditure, the shoreline back to the point of origin
Oklahoma designee with a letter dated
we do discuss the effects of this rule (NAD 83).
February 14, 2017. The submittal
elsewhere in this preamble. (b) Enforcement period. This rule will
includes updates to the Oklahoma SIP,
be enforced from 7 a.m. through 5:30
F. Environment as contained in annual SIP updates for
p.m. on September 1, 2018 and
We have analyzed this rule under 2013, 2014, 2015, and 2016, and
September 2, 2018.
Department of Homeland Security (c) Regulations. (1) In accordance with incorporates the latest changes to EPA
Directive 023–01, which guides the the general regulations in § 165.23, entry regulations. This action addresses the
Coast Guard in complying with the into, transiting, or anchoring within this revisions submitted to the Oklahoma
amozie on DSK3GDR082PROD with RULES
National Environmental Policy Act of safety zone is prohibited unless SIP pertaining to incorporation by
1969 (42 U.S.C. 4321–4370f), and have authorized by the Captain of the Port reference of federal requirements and
determined that this action is one of a Lake Michigan or a designated on-scene emission inventory reporting
category of actions that do not representative. requirements.
individually or cumulatively have a (2) This safety zone is closed to all DATES: This rule is effective on October
significant effect on the human vessel traffic, except as may be 1, 2018.
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44405/page/1.svg)
![44238 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
Business Regulatory Enforcement Filing a petition for reconsideration by PART 52—APPROVAL AND
Fairness Act of 1996, generally provides the Administrator of this final rule does PROMULGATION OF
that before a rule may take effect, the not affect the finality of this action for IMPLEMENTATION PLANS
agency promulgating the rule must the purposes of judicial review nor does
submit a rule report, which includes a it extend the time within which a ■ 1. The authority citation for part 52
copy of the rule, to each House of the petition for judicial review may be filed, continues to read as follows:
Congress and to the Comptroller General and shall not postpone the effectiveness
of the United States. EPA will submit a of such rule or action. This action may Authority: 42 U.S.C. 7401 et seq.
report containing this action and other not be challenged later in proceedings to
enforce its requirements. (See section Subpart LL—Oklahoma
required information to the U.S. Senate,
the U.S. House of Representatives, and 307(b)(2).)
the Comptroller General of the United ■ 2. In § 52.1920(c), the table titled
List of Subjects in 40 CFR Part 52 ‘‘EPA Approved Oklahoma Regulations’’
States prior to publication of the rule in
the Federal Register. A major rule Environmental protection, Air is amended by revising the entries for
cannot take effect until 60 days after it pollution control, Incorporation by Sections 252:100–2–3; 252:100–5–2;
is published in the Federal Register. reference, Nitrogen dioxide, Ozone, 252:100–5–2.1; 252:100–5–3; and
This action is not a ‘‘major rule’’ as Particulate matter, Reporting and 252:100, Appendix Q to read as follows:
defined by 5 U.S.C. 804(2). recordkeeping requirements, Sulfur
oxides, Volatile organic compounds. § 52.1920 Identification of plan.
Under section 307(b)(1) of the Clean
Dated: August 23, 2018. * * * * *
Air Act, petitions for judicial review of
this action must be filed in the United Anne Idsal, (c) * * *
States Court of Appeals for the Regional Administrator, Region 6.
appropriate circuit by October 29, 2018. 40 CFR part 52 is amended as follows:
EPA APPROVED OKLAHOMA REGULATIONS
State citation Title/subject State effective date EPA approval date Explanation
* * * * * * *
252:100–2–3 ............... Incorporation by reference ........... 9/15/2016 8/30/2018, [Insert Federal Reg-
ister citation].
* * * * * * *
252:100–5–2 ............... Registration of potential sources 9/12/2014 8/30/2018, [Insert Federal Reg-
of air contaminants. ister citation].
252:100–5–2.1 ............ Emission inventory ....................... 9/15/2016 8/30/2018, [Insert Federal Reg-
ister citation].
* * * * * * *
252:100–5–3 ............... Confidentiality of proprietary infor- 9/12/2014 8/30/2018, [Insert Federal Reg-
mation. ister citation].
* * * * * * *
252:100, Appendix Q .. Incorporation by reference ........... 9/15/2016 8/30/2018, [Insert Federal Reg-
ister citation].
* * * * * * *
* * * * * DEPARTMENT OF HOMELAND removing its regulations regarding its
[FR Doc. 2018–18657 Filed 8–29–18; 8:45 am] SECURITY Dispute Resolution Pilot Program
BILLING CODE 6560–50–P (DRPP) for the Public Assistance
Federal Emergency Management Program. The statutory authority for the
Agency DRPP sunset on December 31, 2015.
44 CFR Part 206 DATES: This rule is effective August 30,
2018.
[Docket ID: FEMA–2018–0015]
ADDRESSES: The docket for this
RIN 1660–AA94 rulemaking is available for inspection
Removal of Dispute Resolution Pilot using the Federal eRulemaking Portal at
Program for Public Assistance http://www.regulations.gov and can be
Appeals viewed by following that website’s
amozie on DSK3GDR082PROD with RULES
instructions.
AGENCY: Federal Emergency
Management Agency, DHS. FOR FURTHER INFORMATION CONTACT: Liza
ACTION: Final rule. Davis, Associate Chief Counsel,
Regulatory Affairs, Office of Chief
SUMMARY:The Federal Emergency Counsel, Federal Emergency
Management Agency (FEMA) is Management Agency, 500 C Street SW,
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44405/page/3.svg)
Document Created: 2018-08-30 01:21:19
Document Modified: 2018-08-30 01:21:19
| 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 October 1, 2018. | |
| Contact | Adina Wiley, 214-665-2115, [email protected] | |
| FR Citation | 83 FR 44236 | |
| 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 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR