83_FR_50506 83 FR 50312 - Approval and Promulgation of State Implementation Plan, Oklahoma; Supplemental Notice of Proposed Rulemaking

83 FR 50312 - Approval and Promulgation of State Implementation Plan, Oklahoma; Supplemental Notice of Proposed Rulemaking

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50312-50314
FR Document2018-21718

In this supplemental notice of proposed rulemaking, the Environmental Protection Agency (EPA) is supplementing our proposed approval published on March 22, 2018, of revisions to the State Implementation Plan (SIP) for Oklahoma, as submitted by the State of Oklahoma designee with a letter dated February 14, 2017. First, we are reopening the comment period based on information submitted by Oklahoma in a letter dated July 31, 2018, and our analysis of it. Second, EPA is withdrawing its proposed action on the Commercial and Industrial Solid Waste Incineration Units rule because the State did not submit it for approval as a SIP revision.

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50312-50314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21718]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0145; 9983-65-Region 6]


Approval and Promulgation of State Implementation Plan, Oklahoma; 
Supplemental Notice of Proposed Rulemaking

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking, withdrawal of 
proposed rule.

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SUMMARY: In this supplemental notice of proposed rulemaking, the 
Environmental Protection Agency (EPA) is supplementing our proposed 
approval published on March 22, 2018, of revisions to the State 
Implementation Plan (SIP) for Oklahoma, as submitted by the State of 
Oklahoma designee with a letter dated February 14, 2017. First, we are 
reopening the comment period based on information submitted by Oklahoma 
in a letter dated July 31, 2018, and our analysis of it. Second, EPA is 
withdrawing its proposed action on the Commercial and Industrial Solid 
Waste Incineration Units rule because the State did not submit it for 
approval as a SIP revision.

DATES: Written comments must be received on or before November 5, 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

[[Page 50313]]

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, (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,'' or ``our'' refer to EPA.

I. Background

    On March 22, 2018 (83 FR 12514), we published a proposed rulemaking 
action to approve certain revisions to the Oklahoma SIP, as submitted 
by Oklahoma on 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. 
Specifically, the March 22, 2018 proposal concerned revisions to the 
following rules in the Oklahoma Administrative Code (OAC)--OAC 252:100-
13 Open Burning, OAC 252:100-17 Incinerators, OAC 252:100-25 Visible 
Emissions and Particulates, OAC 252:100-31 Control of Emission of 
Sulfur Compounds, OAC 252:100, Appendix E Primary Ambient Air Quality 
Standards, and OAC 252:100, Appendix F Secondary Ambient Air Quality 
Standards. Comments on the proposal were required to be received by 
April 23, 2018.

II. Additional information submitted by Oklahoma

    After the close of the public comment period, the Oklahoma 
Department of Environmental Quality (ODEQ) submitted additional 
information, by letter dated July 31, 2018, concerning the SIP rule 
revisions in our March 22, 2018 proposal. ODEQ provided this 
information in response to adverse comments (EPA-R06-OAR-2017-0145-022) 
submitted to the EPA during the initial comment period. The information 
submitted by ODEQ is intended to clarify the rule revisions and their 
applicability as well as to further demonstrate how the revisions 
improve the Oklahoma SIP. In particular, ODEQ provided additional 
information related to the following four rule revisions included in 
the March 22, 2018 proposal: (1) A revision to OAC 252:100-9(4) that 
exempts opening burning allowed under OAC 252:100-13-7(6)(B) and OAC 
252:100-13-8 from the time restrictions otherwise applicable to opening 
burning; (2) a revision to OAC 252:100-17-2 adding NSPS Subpart AAAA 
and NSPS Subpart CCCC to the list of sources exempt from the 
requirements for general purpose incinerators; (3) a revision to OAC 
252:100-25-5(c) eliminating the words ``and EPA'' from the rule's 
requirement concerning alternative monitoring; and (4) a revision to 
OAC 252:100-31 which replaces SO2 ambient standards 
(exposure limits) in the existing SIP at OAC 252:100-31-12 (renumbered 
OAC 252:100-31-7) with EPA's 2010 SO2 National Ambient Air 
Quality Standards.

III. EPA's Evaluation and Analysis of ODEQ's July 31, 2018 Letter

    We have evaluated the information contained in ODEQ's July 31, 2018 
letter and find that it affirms our determination that the submitted 
revisions included in the March 22, 2018 proposal meet SIP 
requirements, as provided by CAA section 110 and EPA's implementing 
regulations at 40 CFR part 51. We have included our evaluation of 
ODEQ's July 31, 2018 letter and our additional analysis of the four 
rule revisions identified in part II above in a supplement to the 
Technical Support Document (TSD) which may be found in the docket. See 
Supplement 3 to the TSD in the docket for this action. The result of 
our evaluation and analysis continues to support the proposed approval 
of the rule revisions identified in the March 22, 2018 proposal, with 
the recognition of one inadvertent oversight on our part described 
below.
    The March 22, 2018 proposal inadvertently includes a proposal to 
approve rule revisions to OAC 252:100-17, Part 9 Commercial and 
Industrial Solid Waste Incineration Units--specifically OAC 252:100-17-
60 through 17-76. We are withdrawing our proposal action on these 
provisions because we lack the authority to act on them under section 
110 as a SIP revision. Moreover, these provisions were not submitted to 
EPA for SIP approval as part of the February 14, 2017 SIP submittal and 
include provisions that pertain to CAA sections 111(d) and 129, 
instead, which will be acted upon separately in the future.\1\
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    \1\ Those provisions are not directly related to CAA section 110 
(State implementation Plans for NAAQS) and pertain to CAA sections 
111(d) (Standards of performance for existing sources; remaining 
useful life of source) and 129 (Solid waste combustion) standards. 
These Subchapter 17 revisions were submitted by the Oklahoma 
Department of Environmental Quality to EPA, by letter dated 
September 15, 2017, as an update to Oklahoma's Air Quality State 
Plan for Commercial and Industrial Solid Waste Incinerators (CISWI) 
units, under CAA sections 111(d) and 129. Pursuant to those 
statutory provisions and EPA's implementing regulations related 
thereto, EPA will be evaluating and acting upon the September 15, 
2017 Submittal in a separate action.
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IV. Supplemental Proposed Action

    In summary, EPA proposed to approve certain revisions to the 
Oklahoma SIP, as submitted by Oklahoma on February 14, 2017, in our 
March 22, 2018 proposal (83 FR 12514). In this supplemental proposed 
action, we are withdrawing the proposed action on the revisions to OAC 
252:100-17, Part 9 (Part 9), because Part 9 was not included in 
Oklahoma's February 14, 2017 SIP submittal. We lack the authority to 
act on this Part 9 under CAA section 110 because the State did not 
submit it as a SIP revision for approval. We are proposing to affirm 
the approvability of the other rule revisions contained in the March 
22, 2018 proposal based upon the supplemental information in ODEQ's 
July 31, 2018 letter, as well as additional information included in 
Supplement 3 to the TSD. The scope of this supplemental notice and the 
reopening of the comment period is strictly limited to only the 
supplemental information and our evaluation of it. The EPA is not 
reopening the comment period on any other aspect of the March 22, 2018 
proposal, as an adequate opportunity to comment on those issues has 
already been provided. The EPA will not respond to comments received 
during the reopened comment period outside the above-defined scope. 
This action will allow interested persons additional time to review the 
supplemental information to prepare and submit relevant comments. The 
EPA will address all comments received on the original proposal and on 
this supplemental action in our final action.

V. 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 Oklahoma's regulations, as described in part IV 
above. The EPA has made, and will continue to make, these documents 
generally available electronically through

[[Page 50314]]

www.regulations.gov and in hard copy at the EPA Region 6 office.

VI. 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: September 18, 2018.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2018-21718 Filed 10-4-18; 8:45 am]
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                                                 50312                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 Environmental Policy Act of 1969 (42                    and can be viewed by following that                   ENVIRONMENTAL PROTECTION
                                                 U.S.C. 4321–4370f), and have made a                     website’s instructions. Additionally,                 AGENCY
                                                 preliminary determination that this                     you may go to the online docket and
                                                 action is one of a category of actions that             sign up for email alerts, and you will be             40 CFR Part 52
                                                 do not individually or cumulatively                     notified when comments are posted or                  [EPA–R06–OAR–2017–0145; 9983–65–
                                                 have a significant effect on the human                  a final rule is published.                            Region 6]
                                                 environment. This proposed rule
                                                 involves a safety zone lasting 4 hours                  List of Subjects in 33 CFR Part 165
                                                                                                                                                               Approval and Promulgation of State
                                                 that would prohibit entry within 190                      Harbors, Marine Safety, Navigation                  Implementation Plan, Oklahoma;
                                                 yards of a fireworks barge. Normally                    (water), Reporting and record-keeping                 Supplemental Notice of Proposed
                                                 such actions are categorically excluded                 requirements, Security measures,                      Rulemaking
                                                 from further review under paragraph                     Waterways.
                                                 L60(a) of Appendix A, Table 1 of DHS                                                                          AGENCY:  Environmental Protection
                                                 Instruction Manual 023–01–001–01,                         For the reasons discussed in the                    Agency (EPA).
                                                 Rev. 01. A preliminary Record of                        preamble, the Coast Guard proposes to                 ACTION: Supplemental notice of
                                                 Environmental Consideration                             amend 33 CFR part 165 as follows:                     proposed rulemaking, withdrawal of
                                                 supporting this determination is                                                                              proposed rule.
                                                                                                         PART 165—REGULATED NAVIGATION
                                                 available in the docket where indicated                                                                       SUMMARY:    In this supplemental notice of
                                                                                                         AREAS AND LIMITED ACCESS AREAS
                                                 under ADDRESSES. We seek any                                                                                  proposed rulemaking, the
                                                 comments or information that may lead                                                                         Environmental Protection Agency (EPA)
                                                                                                         ■ 1. The authority citation for part 165
                                                 to the discovery of a significant                                                                             is supplementing our proposed approval
                                                                                                         continues to read as follows:
                                                 environmental impact from this                                                                                published on March 22, 2018, of
                                                 proposed rule.                                            Authority: 3 U.S.C. 1231; 50 U.S.C. 191; 33
                                                                                                         CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                revisions to the State Implementation
                                                 G. Protest Activities                                   Department of Homeland Security Delegation            Plan (SIP) for Oklahoma, as submitted
                                                                                                         No. 0170.1                                            by the State of Oklahoma designee with
                                                   The Coast Guard respects the First
                                                                                                                                                               a letter dated February 14, 2017. First,
                                                 Amendment rights of protesters.                         ■ 2. Add § 165.T14–0864 to read as                    we are reopening the comment period
                                                 Protesters are asked to contact the                     follows:                                              based on information submitted by
                                                 person listed in the FOR FURTHER
                                                                                                         § 165. T14–0864      Safety Zone; Tumon Bay,          Oklahoma in a letter dated July 31,
                                                 INFORMATION CONTACT section to
                                                                                                         Tumon, GU.                                            2018, and our analysis of it. Second,
                                                 coordinate protest activities so that your
                                                                                                                                                               EPA is withdrawing its proposed action
                                                 message can be received without                            (a) Location. The following areas,                 on the Commercial and Industrial Solid
                                                 jeopardizing the safety or security of                  within the Guam Captain of the Port                   Waste Incineration Units rule because
                                                 people, places, or vessels.                             (COTP) Zone (See 33 CFR 3.70–15), all                 the State did not submit it for approval
                                                 V. Public Participation and Request for                 navigable waters on the surface and                   as a SIP revision.
                                                 Comments                                                below the surface within 190 yards of
                                                                                                                                                               DATES: Written comments must be
                                                                                                         the fireworks barge participating in the
                                                    We view public participation as                      New Year’s Eve Fireworks display.                     received on or before November 5, 2018.
                                                 essential to effective rulemaking, and                                                                        ADDRESSES: Submit your comments,
                                                                                                            (1) Location. The following position
                                                 will consider all comments and material                                                                       identified by Docket No. EPA–R06–
                                                                                                         13 degrees 30 minutes 24.99 seconds N
                                                 received during the comment period.                                                                           OAR–2017–0145, at http://
                                                                                                         Latitude, 144 degrees 47 minutes 21.93
                                                 Your comment can help shape the                                                                               www.regulations.gov or via email to
                                                                                                         seconds E Longitude are to be used as
                                                 outcome of this rulemaking. If you                                                                            shar.alan@epa.gov. Follow the online
                                                                                                         a guide to the location of the barge.
                                                 submit a comment, please include the                                                                          instructions for submitting comments.
                                                 docket number for this rulemaking,                         (b) Effective Dates. This rule is                  Once submitted, comments cannot be
                                                 indicate the specific section of this                   effective from 9 p.m. on December 31,                 edited or removed from Regulations.gov.
                                                 document to which each comment                          2018 through 1 a.m. on January 1, 2019.               The EPA may publish any comment
                                                 applies, and provide a reason for each                     (c) Enforcement. Any Coast Guard                   received to its public docket. Do not
                                                 suggestion or recommendation.                           commissioned, warrant, or petty officer,              submit electronically any information
                                                    We encourage you to submit                           and any other COTP representative                     you consider to be Confidential
                                                 comments through the Federal                            permitted by law, may enforce this                    Business Information (CBI) or other
                                                 eRulemaking Portal at http://                           temporary safety zone.                                information whose disclosure is
                                                 www.regulations.gov. If your material                      (d) Waiver. The COTP may waive any                 restricted by statute. Multimedia
                                                 cannot be submitted using http://                       of the requirements of this rule for any              submissions (audio, video, etc.) must be
                                                 www.regulations.gov, contact the person                 person, vessel, or class of vessel upon               accompanied by a written comment.
                                                 in the FOR FURTHER INFORMATION                          finding that application of the safety                The written comment is considered the
                                                 CONTACT section of this document for                    zone is unnecessary or impractical for                official comment and should include
                                                 alternate instructions. We accept                       the purpose of maritime security.                     discussion of all points you wish to
                                                 anonymous comments. All comments                           (g) Penalties. Vessels or persons                  make.
                                                 received will be posted without change                  violating this rule are subject to the                   The EPA will generally not consider
                                                 to https://www.regulations.gov and will                 penalties set forth in 33 U.S.C. 1232 and             comments or comment contents located
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                                                 include any personal information you                    50 U.S.C. 192.                                        outside of the primary submission (i.e.
                                                 have provided. For more about privacy                                                                         on the web, cloud, or other file sharing
                                                 and the docket, visit https://                            Dated: October 1, 2018.                             system). For additional submission
                                                 www.regulations.gov/privacyNotice.                      Christopher M. Chase,                                 methods, please contact Mr. Alan Shar,
                                                    Documents mentioned in this NPRM                     Captain, U.S. Coast Guard, Captain of the             (214) 665–6691, shar.alan@epa.gov. For
                                                 as being available in the docket, and all               Port, Guam.                                           the full EPA public comment policy,
                                                 public comments, will be in our online                  [FR Doc. 2018–21621 Filed 10–4–18; 8:45 am]           information about CBI or multimedia
                                                 docket at https://www.regulations.gov                   BILLING CODE 9110–04–P                                submissions, and general guidance on


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                                                                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules                                                 50313

                                                 making effective comments, please visit                 provided additional information related                IV. Supplemental Proposed Action
                                                 http://www2.epa.gov/dockets/                            to the following four rule revisions
                                                 commenting-epa-dockets.                                 included in the March 22, 2018                            In summary, EPA proposed to
                                                    Docket: The index to the docket for                  proposal: (1) A revision to OAC                        approve certain revisions to the
                                                 this action is available electronically at              252:100–9(4) that exempts opening                      Oklahoma SIP, as submitted by
                                                 www.regulations.gov and in hard copy                    burning allowed under OAC 252:100–                     Oklahoma on February 14, 2017, in our
                                                 at the EPA Region 6, 1445 Ross Avenue,                  13–7(6)(B) and OAC 252:100–13–8 from                   March 22, 2018 proposal (83 FR 12514).
                                                 Suite 700, Dallas, Texas. While all                     the time restrictions otherwise                        In this supplemental proposed action,
                                                 documents in the docket are listed in                   applicable to opening burning; (2) a                   we are withdrawing the proposed action
                                                 the index, some information may be                      revision to OAC 252:100–17–2 adding                    on the revisions to OAC 252:100–17,
                                                 publicly available only at the hard copy                NSPS Subpart AAAA and NSPS Subpart                     Part 9 (Part 9), because Part 9 was not
                                                 location (e.g., copyrighted material), and              CCCC to the list of sources exempt from                included in Oklahoma’s February 14,
                                                 some may not be publicly available at                   the requirements for general purpose                   2017 SIP submittal. We lack the
                                                 either location (e.g., CBI).                            incinerators; (3) a revision to OAC                    authority to act on this Part 9 under
                                                                                                         252:100–25–5(c) eliminating the words                  CAA section 110 because the State did
                                                 FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                         ‘‘and EPA’’ from the rule’s requirement                not submit it as a SIP revision for
                                                 Alan Shar, (214) 665–6691; shar.alan@                                                                          approval. We are proposing to affirm the
                                                 epa.gov. To inspect the hard copy                       concerning alternative monitoring; and
                                                                                                         (4) a revision to OAC 252:100–31 which                 approvability of the other rule revisions
                                                 materials, please schedule an                                                                                  contained in the March 22, 2018
                                                 appointment with Mr. Alan Shar.                         replaces SO2 ambient standards
                                                                                                         (exposure limits) in the existing SIP at               proposal based upon the supplemental
                                                 SUPPLEMENTARY INFORMATION:                                                                                     information in ODEQ’s July 31, 2018
                                                                                                         OAC 252:100–31–12 (renumbered OAC
                                                    Throughout this document, ‘‘we,’’                    252:100–31–7) with EPA’s 2010 SO2                      letter, as well as additional information
                                                 ‘‘us,’’ or ‘‘our’’ refer to EPA.                        National Ambient Air Quality                           included in Supplement 3 to the TSD.
                                                 I. Background                                           Standards.                                             The scope of this supplemental notice
                                                                                                                                                                and the reopening of the comment
                                                   On March 22, 2018 (83 FR 12514), we                   III. EPA’s Evaluation and Analysis of                  period is strictly limited to only the
                                                 published a proposed rulemaking action                  ODEQ’s July 31, 2018 Letter                            supplemental information and our
                                                 to approve certain revisions to the                        We have evaluated the information                   evaluation of it. The EPA is not
                                                 Oklahoma SIP, as submitted by                           contained in ODEQ’s July 31, 2018 letter               reopening the comment period on any
                                                 Oklahoma on February 14, 2017. The                      and find that it affirms our                           other aspect of the March 22, 2018
                                                 submittal covers updates to the                         determination that the submitted                       proposal, as an adequate opportunity to
                                                 Oklahoma SIP, as contained in annual                    revisions included in the March 22,                    comment on those issues has already
                                                 SIP updates for 2013, 2014, 2015, and                   2018 proposal meet SIP requirements, as                been provided. The EPA will not
                                                 2016, and incorporates the latest                       provided by CAA section 110 and EPA’s                  respond to comments received during
                                                 changes to the EPA regulations.                         implementing regulations at 40 CFR part                the reopened comment period outside
                                                 Specifically, the March 22, 2018                        51. We have included our evaluation of                 the above-defined scope. This action
                                                 proposal concerned revisions to the                     ODEQ’s July 31, 2018 letter and our                    will allow interested persons additional
                                                 following rules in the Oklahoma                         additional analysis of the four rule                   time to review the supplemental
                                                 Administrative Code (OAC)—OAC                           revisions identified in part II above in               information to prepare and submit
                                                 252:100–13 Open Burning, OAC                            a supplement to the Technical Support                  relevant comments. The EPA will
                                                 252:100–17 Incinerators, OAC 252:100–                   Document (TSD) which may be found in                   address all comments received on the
                                                 25 Visible Emissions and Particulates,                  the docket. See Supplement 3 to the                    original proposal and on this
                                                 OAC 252:100–31 Control of Emission of                   TSD in the docket for this action. The                 supplemental action in our final action.
                                                 Sulfur Compounds, OAC 252:100,                          result of our evaluation and analysis
                                                 Appendix E Primary Ambient Air                                                                                 V. Incorporation by Reference
                                                                                                         continues to support the proposed
                                                 Quality Standards, and OAC 252:100,                     approval of the rule revisions identified                In this action, we are proposing to
                                                 Appendix F Secondary Ambient Air                        in the March 22, 2018 proposal, with                   include in a final rule regulatory text
                                                 Quality Standards. Comments on the                      the recognition of one inadvertent                     that includes incorporation by
                                                 proposal were required to be received                   oversight on our part described below.                 reference. In accordance with the
                                                 by April 23, 2018.                                         The March 22, 2018 proposal                         requirements of 1 CFR 51.5, we are
                                                 II. Additional information submitted by                 inadvertently includes a proposal to                   proposing to incorporate by reference
                                                 Oklahoma                                                approve rule revisions to OAC 252:100–                 revisions to Oklahoma’s regulations, as
                                                                                                         17, Part 9 Commercial and Industrial                   described in part IV above. The EPA has
                                                    After the close of the public comment                Solid Waste Incineration Units—                        made, and will continue to make, these
                                                 period, the Oklahoma Department of                      specifically OAC 252:100–17–60                         documents generally available
                                                 Environmental Quality (ODEQ)                            through 17–76. We are withdrawing our                  electronically through
                                                 submitted additional information, by                    proposal action on these provisions
                                                 letter dated July 31, 2018, concerning                  because we lack the authority to act on                NAAQS) and pertain to CAA sections 111(d)
                                                 the SIP rule revisions in our March 22,                 them under section 110 as a SIP                        (Standards of performance for existing sources;
                                                 2018 proposal. ODEQ provided this                       revision. Moreover, these provisions                   remaining useful life of source) and 129 (Solid
                                                 information in response to adverse                      were not submitted to EPA for SIP                      waste combustion) standards. These Subchapter 17
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                                                 comments (EPA–R06–OAR–2017–0145–                                                                               revisions were submitted by the Oklahoma
                                                                                                         approval as part of the February 14,                   Department of Environmental Quality to EPA, by
                                                 022) submitted to the EPA during the                    2017 SIP submittal and include                         letter dated September 15, 2017, as an update to
                                                 initial comment period. The information                 provisions that pertain to CAA sections                Oklahoma’s Air Quality State Plan for Commercial
                                                 submitted by ODEQ is intended to                        111(d) and 129, instead, which will be                 and Industrial Solid Waste Incinerators (CISWI)
                                                 clarify the rule revisions and their                                                                           units, under CAA sections 111(d) and 129. Pursuant
                                                                                                         acted upon separately in the future.1                  to those statutory provisions and EPA’s
                                                 applicability as well as to further                                                                            implementing regulations related thereto, EPA will
                                                 demonstrate how the revisions improve                     1 Those provisions are not directly related to CAA   be evaluating and acting upon the September 15,
                                                 the Oklahoma SIP. In particular, ODEQ                   section 110 (State implementation Plans for            2017 Submittal in a separate action.



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                                                 50314                    Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Proposed Rules

                                                 www.regulations.gov and in hard copy                    or in any other area where EPA or an                  (RACT) and reasonably available control
                                                 at the EPA Region 6 office.                             Indian tribe has demonstrated that a                  measure (RACM) requirements, a
                                                                                                         tribe has jurisdiction. In those areas of             reasonable further progress (RFP) plan,
                                                 VI. Statutory and Executive Order
                                                                                                         Indian country, the proposed rule does                a modeling demonstration of SO2
                                                 Reviews
                                                                                                         not have tribal implications and will not             attainment, contingency measures for
                                                    Under the Act, the Administrator is                  impose substantial direct costs on tribal             the Beaver Area, and Pennsylvania’s
                                                 required to approve a SIP submission                    governments or preempt tribal law as                  new source review (NSR) permitting
                                                 that complies with the provisions of the                specified by Executive Order 13175 (65                program. As part of approving the
                                                 Act and applicable Federal regulations.                 FR 67249, November 9, 2000).                          attainment plan, EPA is also proposing
                                                 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                           to approve into the Pennsylvania SIP
                                                 Thus, in reviewing SIP submissions,                     List of Subjects in 40 CFR Part 52
                                                                                                                                                               new SO2 emission limits and associated
                                                 EPA’s role is to approve state choices,                   Environmental protection, Air                       compliance parameters for the
                                                 provided that they meet the criteria of                 pollution control, Hydrocarbons,                      FirstEnergy Generation, LLC
                                                 the Act. Accordingly, this action merely                Incorporation by reference,                           (FirstEnergy) Bruce Mansfield Power
                                                 proposes to approve state law as                        Intergovernmental relations, Reporting                Station (Bruce Mansfield Facility) and a
                                                 meeting Federal requirements and does                   and recordkeeping requirements,                       consent order with Jewel Acquisition
                                                 not impose additional requirements                      Volatile organic compounds.                           Midland steel plant (Jewel Facility).
                                                 beyond those imposed by state law. For                    Authority: 42 U.S.C. 7401 et seq.                   This action is being taken under the
                                                 that reason, this action:                                                                                     Clean Air Act (CAA).
                                                    • Is not a ‘‘significant regulatory                    Dated: September 18, 2018.
                                                                                                                                                               DATES: Written comments must be
                                                 action’’ subject to review by the Office                David Gray,
                                                                                                                                                               received on or before November 5, 2018.
                                                 of Management and Budget under                          Acting Regional Administrator, Region 6.
                                                                                                                                                               ADDRESSES: Submit your comments,
                                                 Executive Order 12866 (58 FR 51735,                     [FR Doc. 2018–21718 Filed 10–4–18; 8:45 am]
                                                 October 4, 1993) and 13563 (76 FR 3821,                                                                       identified by Docket ID No. EPA–R03–
                                                                                                         BILLING CODE 6560–50–P
                                                 January 21, 2011);                                                                                            OAR–2017–0681 at http://
                                                    • Is not an Executive Order 13771 (82                                                                      www.regulations.gov, or via email to
                                                 FR 9339, February 2, 2017) regulatory                   ENVIRONMENTAL PROTECTION                              spielberger.susan@epa.gov. For
                                                 action because SIP approvals are                        AGENCY                                                comments submitted at Regulations.gov,
                                                 exempted under Executive Order 12866;                                                                         follow the online instructions for
                                                    • Does not impose an information                     40 CFR Part 52                                        submitting comments. Once submitted,
                                                 collection burden under the provisions                                                                        comments cannot be edited or removed
                                                                                                         [EPA–R03–OAR–2017–0681; FRL–9984–98–                  from Regulations.gov. For either manner
                                                 of the Paperwork Reduction Act (44                      Region 3]
                                                 U.S.C. 3501 et seq.);                                                                                         of submission, EPA may publish any
                                                    • Is certified as not having a                       Approval and Promulgation of Air                      comment received to its public docket.
                                                 significant economic impact on a                        Quality Implementation Plans;                         Do not submit electronically any
                                                 substantial number of small entities                    Pennsylvania; Attainment Plan for the                 information you consider to be
                                                 under the Regulatory Flexibility Act (5                 Beaver, Pennsylvania Nonattainment                    confidential business information (CBI)
                                                 U.S.C. 601 et seq.);                                    Area for the 2010 Sulfur Dioxide                      or other information whose disclosure is
                                                    • Does not contain any unfunded                      Primary National Ambient Air Quality                  restricted by statute. Multimedia
                                                 mandate or significantly or uniquely                    Standard                                              submissions (audio, video, etc.) must be
                                                 affect small governments, as described                                                                        accompanied by a written comment.
                                                 in the Unfunded Mandates Reform Act                     AGENCY:  Environmental Protection                     The written comment is considered the
                                                 of 1995 (Pub. L. 104–4);                                Agency (EPA).                                         official comment and should include
                                                    • Does not have Federalism                           ACTION: Proposed rule.                                discussion of all points you wish to
                                                 implications as specified in Executive                                                                        make. EPA will generally not consider
                                                 Order 13132 (64 FR 43255, August 10,                    SUMMARY:    The Environmental Protection              comments or comment contents located
                                                 1999);                                                  Agency (EPA) is proposing to approve a                outside of the primary submission (i.e.
                                                    • Is not an economically significant                 state implementation plan (SIP)                       on the web, cloud, or other file sharing
                                                 regulatory action based on health or                    revision, submitted by the                            system). For additional submission
                                                 safety risks subject to Executive Order                 Commonwealth of Pennsylvania                          methods, please contact the person
                                                 13045 (62 FR 19885, April 23, 1997);                    through the Pennsylvania Department of                identified in the FOR FURTHER
                                                    • Is not a significant regulatory action             Environmental Protection (PADEP), to                  INFORMATION CONTACT section. For the
                                                 subject to Executive Order 13211 (66 FR                 EPA on September 29, 2017, for the                    full EPA public comment policy,
                                                 28355, May 22, 2001);                                   purpose of providing for attainment of                information about CBI or multimedia
                                                    • Is not subject to requirements of                  the 2010 sulfur dioxide (SO2) primary                 submissions, and general guidance on
                                                 section 12(d) of the National                           national ambient air quality standard                 making effective comments, please visit
                                                 Technology Transfer and Advancement                     (NAAQS) in the Beaver County,                         http://www2.epa.gov/dockets/
                                                 Act of 1995 (15 U.S.C. 272 note) because                Pennsylvania SO2 nonattainment area                   commenting-epa-dockts.
                                                 application of those requirements would                 (hereafter referred to as the ‘‘Beaver                FOR FURTHER INFORMATION CONTACT:
                                                 be inconsistent with the Act; and                       Area’’ or ‘‘Area’’). The Beaver Area is               Megan Goold (215) 814–2027, or by
                                                    • Does not provide EPA with the                      comprised of a portion of Beaver County               email at goold.megan@epa.gov.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 discretionary authority to address, as                  (Industry Borough, Shippingport
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                 appropriate, disproportionate human                     Borough, Midland Borough, Brighton
                                                 health or environmental effects, using                  Township, Potter Township and                         Table of Contents
                                                 practicable and legally permissible                     Vanport Township) in Pennsylvania.                    I. Background for EPA’s Proposed Action
                                                 methods, under Executive Order 12898                    The SIP submission is an attainment                   II. Requirements for SO2 Nonattainment Area
                                                 (59 FR 7629, February 16, 1994).                        plan which includes the base year                           Plan
                                                    In addition, the SIP is not approved                 emissions inventory, an analysis of the               III. Attainment Demonstration and Longer
                                                 to apply on any Indian reservation land                 reasonably available control technology                     Averaging Times



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Document Created: 2018-10-05 01:52:19
Document Modified: 2018-10-05 01:52:19
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
ActionSupplemental notice of proposed rulemaking, withdrawal of proposed rule.
DatesWritten comments must be received on or before November 5, 2018.
ContactMr. Alan Shar, (214) 665-6691; [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Alan Shar.
FR Citation83 FR 50312 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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