83 FR 57701 - Air Plan Approval; Oklahoma; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 222 (November 16, 2018)
Federal Register Volume 83, Issue 222 (November 16, 2018)
| Page Range | 57701-57704 | |
| FR Document | 2018-24873 |
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)] [Proposed Rules] [Pages 57701-57704] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24873] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2007-0314; FRL-9985-97-Region 6] Air Plan Approval; Oklahoma; Interstate Transport Requirements for the 1997 Ozone National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule, withdrawal of proposed rule. ----------------------------------------------------------------------- SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve a portion of an Oklahoma State Implementation Plan (SIP) submittal that pertains to the good neighbor provision requirements of the CAA with respect to interstate transport of air pollution which will interfere with maintenance of the 1997 ozone National Ambient Air Quality Standards (NAAQS). The good neighbor provision requires, in part, that each state, in its SIP, prohibit emissions that will interfere with maintenance of a new or revised NAAQS in another state. In this action, EPA is proposing to approve the Oklahoma SIP submittal as having met the interfere with maintenance requirement of the good neighbor provision for the 1997 ozone NAAQS in accordance with section 110 of the CAA. EPA is also withdrawing its October 17, 2011 proposed rule to disapprove this portion of Oklahoma SIP submittal. DATES: Written comments must be received on or before December 17, 2018. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2007-0314, at https://www.regulations.gov or via email to young.carl@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 [[Page 57702]] 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 Carl Young, 214-665-6645, young.carl@epa.gov. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.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: Carl Young, 214-665-6645, young.carl@epa.gov. To inspect the hard copy materials, please schedule an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. I. Background A. The 1997 8-Hour Ozone NAAQS and Interstate Transport of Air Pollution Under section 109 of the CAA, we are required to establish NAAQS that are protective of human health (primary NAAQS) and public welfare (secondary NAAQS). In 1997, we established new primary and secondary 8- hour ozone NAAQS of 0.08 parts per million (July 18, 1997, 62 FR 38856).\1\ Ground level ozone is formed when nitrogen oxides (NOX ) and volatile organic compounds (VOCs) react in the presence of sunlight. --------------------------------------------------------------------------- \1\ In 2008, we revised the primary and secondary 8-hour ozone NAAQS to 0.075 ppm (73 FR 16436, March 27, 2008) and in 2015 we revised the primary and secondary 8-hour ozone NAAQS to 0.070 ppm (80 FR 65292, October 26, 2015). This proposal pertains to the 1997 8-hour ozone NAAQS only. --------------------------------------------------------------------------- Section 110(a)(1) of the CAA requires states to submit, within three years after promulgation of a new or revised standard, SIPs meeting the applicable ``infrastructure'' elements of sections 110(a)(2). One of these applicable infrastructure elements, CAA section 110(a)(2)(D)(i), requires SIPs to contain ``good neighbor'' provisions to prohibit certain adverse air quality effects on neighboring states due to interstate transport of pollution. There are four sub-elements within CAA section 110(a)(2)(D)(i). The first two sub-elements are to prohibit emissions to any other state which would (1) significantly contribute to nonattainment or (2) interfere with maintenance of the new or revised NAAQS. The State of Oklahoma provided a May 1, 2007 SIP submittal to address these two sub-elements. The portion of the submittal addressing sub-element 1 (prohibit significant contribution to nonattainment in other states) was approved on December 29, 2011 (76 FR 81838). This action addresses the second sub-element of that submittal (prohibit interference with maintenance in other states). The EPA has addressed the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 8-hour ozone NAAQS in several past regulatory actions. Most relevant to this action, EPA promulgated the Clean Air Interstate Rule (CAIR) in 2005 to address the requirements of the good neighbor provision for the 1997 (fine particulate) (PM2.5 ) and 1997 ozone NAAQS (70 FR 25162, May 12, 2005). In the CAIR rulemaking, we did not analyze the contributions to downwind ozone nonattainment for Oklahoma and 5 other states along the western border of the CAIR modeling domain (70 FR 25162, 25246). CAIR was remanded to the EPA by the D.C. Circuit in North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on reh'g, 550 F.3d 1176. The court determined that CAIR was ``fundamentally flawed'' and ordered EPA to ``redo its analysis from the ground up.'' 531 F.3d at 929. In 2011, we promulgated the Cross-State Air Pollution Rule (CSAPR) to address the remand of CAIR.\2\ CSAPR addressed the state and federal obligations under CAA section 110(a)(2)(D)(i)(I) to prohibit air pollution contributing significantly to nonattainment in, or interfering with maintenance by, any other state with regard to the 1997 8-hour ozone NAAQS and the 1997 annual PM2.5 NAAQS, as well as the 2006 24-hour PM2.5 NAAQS. To address the transport obligation under CAA section 110(a)(2)(D)(i)(I) with regard to the 1997 8-hour ozone NAAQS, CSAPR established Federal Implementation Plan (FIP) requirements for affected electric generating units (EGUs) in 20 states.\3\ The air quality modeling conducted for CSAPR projected that emissions from Oklahoma would impact a receptor (or monitor) located in Allegan County, Michigan (monitor ID 260050003), which would have difficulty maintaining the 1997 8-hour ozone NAAQS (76 FR 48208, 48213, August 8, 2011). Thus, we issued a CSAPR supplemental rule that promulgated similar FIP requirements for Oklahoma and four other states (76 FR 80760, December 27, 2011). --------------------------------------------------------------------------- \2\ Federal Implementation Plans; Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 (August 8, 2011); and Federal Implementation Plans for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and Determination for Kansas Regarding Interstate Transport of Ozone, 76 FR 80760 (December 27, 2011) (codified as amended at 40 CFR 52.38 and 52.39 and 40 CFR part 97). \3\ Including an emissions budget that applied to the EGUs' collective ozone-season emissions of NOX . --------------------------------------------------------------------------- The CSAPR set emissions budgets which were to be implemented in two phases, with phase 1 to be implemented beginning with the 2012 ozone season and phase 2 to be implemented beginning with the 2014 ozone season. However, the CSAPR budgets were stayed by the D.C. Circuit in December 2011 pending further litigation. The D.C. Circuit issued a decision in EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012) (EME Homer City I), vacating CSAPR, but in April 2014, the Supreme Court issued an opinion reversing the D.C. Circuit and remanding the case for further proceedings. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584, 1600-01 (2014). After the Supreme Court issued its decision, the D.C. Circuit granted our motion to lift the stay and toll the compliance timeframes by three years.\4\ Thus, phase 1 of CSAPR was implemented beginning in 2015 and phase 2 was set to be implemented beginning in 2017(81 FR 13275). --------------------------------------------------------------------------- \4\ See Respondents' Motion to Lift the Stay Entered on December 30, 2011, Document #1499505, EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. filed June 26, 2014); Order, Document #1518738, EME Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. issued Oct. 23, 2014). --------------------------------------------------------------------------- On July 28, 2015, the D.C. Circuit issued its opinion on CSAPR regarding the remaining legal issues raised by the petitioners on remand from the Supreme Court, EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (EME Homer City II). This decision largely upheld our approach to [[Page 57703]] addressing interstate transport in CSAPR, leaving the rule in place and affirming the EPA's interpretation of various statutory provisions and the EPA's technical decisions. The decision also remanded CSAPR without vacatur for reconsideration of the EPA's emission budgets for certain states.\5\ The court declared the CSAPR phase 2 ozone season emission budgets of 11 states invalid, holding that those budgets over-control with respect to the downwind air quality problems to which those states were ``linked'' for the 1997 ozone NAAQS, id. at 129-30, 138.\6\ For 10 of these states, the court found the budgets were invalid because modeling conducted as part of the CSAPR rulemaking showed that downwind air quality problems to which the states were linked in 2012 would be resolved in 2014, id. We addressed the remand of the ozone-season emissions budgets in the CSAPR Update.\7\ In doing so, EPA relieved all 11 states of the obligation to comply with the remanded phase 2 ozone season emission budgets, which would have gone into effect in 2017, 40 CFR 52.38(b)(2)(ii). --------------------------------------------------------------------------- \5\ The Oklahoma emission budgets were not part of this court case and were not addressed in the ruling. \6\ States are considered ``linked'' to a downwind air quality problem when their emissions contribute more than a threshold amount of ozone pollution to a receptor (monitor) projected to have problems attaining or maintaining the ozone NAAQS in a future year. \7\ Promulgated in 2016 to address the requirements of the good neighbor provision for the 2008 ozone NAAQS. CSAPR Update Rule for the 2008 ozone NAAQS, 81 FR 74504, October 26, 2016. --------------------------------------------------------------------------- Various petitioners also filed legal challenges in the D.C. Circuit to the 2011 supplemental rule that promulgated a FIP for four states including Oklahoma.\8\ Considering the court's decision in EME Homer City II, we examined the record supporting this supplemental rule and determined that, like the 10 states with remanded budgets, our modeling demonstrated that air quality problems at the downwind air quality problems to which four of the states added to CSAPR in the supplemental rule, including Oklahoma, were linked in 2012 would resolve by 2014 without further transport regulation (81 FR 74525). Accordingly, we removed the FIP requirements associated with the 1997 ozone NAAQS and sources in each of the four states are no longer subject to the phase 2 ozone season budget calculated to address that standard. 40 CFR 52.38(b)(2)(ii) (relieving sources in these four states, including Oklahoma, of the obligation to comply with the CSAPR phase 2 ozone season emission budgets after 2016).\9\ --------------------------------------------------------------------------- \8\ See Public Service Company of Oklahoma v. EPA, No. 12-1023 (D.C. Cir., filed Jan. 13, 2012), the case was held in abeyance during the pendency of the litigation in EME Homer City and as of the time of this rule making is still held in abeyance. \9\ We note that, because Oklahoma was linked to downwind air quality problems with respect to the 2008 ozone NAAQS in its analysis, we promulgated a new ozone season NOX emission budget to address that standard at 40 CFR 97.810(a). --------------------------------------------------------------------------- B. Oklahoma SIP Submittal Pertaining to the 1997 8-Hour Ozone NAAQS and Interstate Transport of Air Pollution As noted above, relevant to this proposed action, Oklahoma made a May 1, 2007 SIP submittal to address CAA requirements to prohibit emissions which will significantly contribute to nonattainment or interfere with maintenance of the 1997 ozone NAAQS in other states. Oklahoma provided additional information pertaining to the requirements in a supplemental December 5, 2007 letter. The submittals document the State's assessments that Oklahoma emissions will not contribute significantly to nonattainment or interfere with maintenance of the 1997 ozone NAAQS in other states. Consistent with EPA guidance at the time and EPA's approach in the Clean Air Interstate Rule (CAIR), the State's May 1, 2007 submittal focused primarily on whether emissions from Oklahoma sources significantly contribute to nonattainment of the 1997 ozone NAAQS in other states.\10\ The State did not evaluate whether Oklahoma emissions interfere with maintenance of these NAAQS in other states separately from significant contribution to nonattainment in other states. Like our CAIR approach, the SIP submittal presumed that if Oklahoma sources were not significantly contributing to violations of the NAAQS in other states, then no further specific evaluation was necessary for purposes of the interfere with maintenance sub-element of section 110(a)(2)(D). However, CAIR was remanded to EPA, in part because the court found that EPA had not correctly addressed whether emissions from sources in a state interfere with maintenance of the standards in other states. See North Carolina, 531 F.3d at 910-11. Therefore, we evaluated the May 1, 2007, Oklahoma submittal in light of the decision of the court. --------------------------------------------------------------------------- \10\ On August 15, 2006, we issued our ``Guidance for State Implementation Plan (SIP) Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards''. The document is available in the regulations.gov docket at: https://www.regulations.gov/document?D=EPA-R06-OAR-2007-0314-0030. --------------------------------------------------------------------------- Because EPA's 2011 CSAPR modeling projected that Oklahoma would be linked to a downwind maintenance receptor with respect to the 1997 ozone NAAQS, but not to a nonattainment receptor, EPA proposed to approve the portion of the SIP submittal asserting that Oklahoma emissions do not contribute significantly to nonattainment of the 1997 8-hour ozone NAAQS in other states (76 FR 64065, October 17, 2011).\11\ EPA finalized approval of this portion of the SIP submittal on December 29, 2011 (76 FR 81838). --------------------------------------------------------------------------- \11\ A maintenance receptor is a monitor projected to have difficulty maintaining the ozone NAAQS while a nonattainment is a monitor projected to have trouble attaining and maintaining the ozone NAAQS. Oklahoma was linked to an Allegan, Michigan maintenance receptor as discussed above. --------------------------------------------------------------------------- Because EPA's CSAPR modeling projected that Oklahoma would be linked to a downwind maintenance receptor with respect to the 1997 ozone NAAQS, we proposed to disapprove, or in the alternative, approve, the portion of the May 7, 2007 SIP submittal asserting that Oklahoma does not interfere with maintenance of the 1997 8-hour ozone NAAQS in other states (76 FR 64065, October 17, 2011). We proposed to finalize our approval or disapproval action based on the final action for Oklahoma in the then-proposed supplemental CSAPR rule.\12\ We are now withdrawing the October 17, 2011 proposal with respect to the ``interfere with maintenance'' clause of the good neighbor provision and instead proposing to approve this portion of the SIP submittal based on the rationale described below. --------------------------------------------------------------------------- \12\ The supplemental CSAPR rule was proposed on July 11, 2011 (76 FR 40662) and finalized on December 27, 2011 76 FR 80760). It added EGUs in Oklahoma, Iowa, Kansas, Michigan, Missouri, and Wisconsin to CSAPR. --------------------------------------------------------------------------- II. The EPA's Evaluation More recent information provides support for our proposed approval of the conclusion in the SIP submittals that the State will not interfere with maintenance of the 1997 ozone NAAQS in any other state. As discussed above, air quality modeling conducted for the 2011 CSAPR rulemaking projected that emissions from Oklahoma would be linked to a maintenance receptor in Allegan County, Michigan, in 2012. In CSAPR, we used air quality projections for the year 2012, which was also the intended start year for implementation of the CSAPR Phase 1 EGU emission budgets, to identify receptors projected to have air quality problems. The CSAPR final rule record also contained air quality projections for 2014, which was the intended start year for [[Page 57704]] implementation of the CSAPR Phase 2 EGU emission budgets. The 2014 modeling results projected that the Allegan County receptor would have a maximum 8-hour ozone ``design value'' of 83.6 part per billion (ppb) before considering the emissions reductions anticipated from implementation of CSAPR.\13\ This value is below the value of 85 ppb that we used to determine whether a particular ozone receptor should be identified as having air quality problems that may trigger transport obligations in upwind states with regard to the 1997 ozone NAAQS (76 FR 48208, 48236). The 2014 modeling results show that the Allegan County, Michigan monitor to which Oklahoma was linked in the 2012 modeling was projected to no longer have air quality problems sufficient to trigger transport obligations with regard to the 1997 8-hour ozone NAAQS. Thus, Oklahoma would no longer interfere with maintenance of the 1997 ozone NAAQS at the Allegan County receptor in 2014. --------------------------------------------------------------------------- \13\ Design values are used to determine whether a NAAQS is being met. See projected 2014 base case maximum design value for Allegan County, Michigan receptor 26005003 at page B-16 of the June 2011 Air Quality Modeling Final Rule Technical Support Document for CSAPR, Document ID No. EPA-HQ-OAR-2009-0491-4140, available in regulations.gov. --------------------------------------------------------------------------- As discussed above, in light of the remand of 10 other states' CSAPR phase 2 ozone season budgets by the D.C. Circuit in EME Homer City II, we also evaluated the validity of the emissions budget promulgated for Oklahoma in the supplemental CSAPR rule, and determined that Oklahoma's emissions would no longer contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to the 1997 ozone NAAQS at either receptor or in any other state. (81 FR 74524-25). This conclusion is based on EPA's most recent modeling analysis. III. Proposed Action We are proposing to approve the portion of a May 1, 2007 Oklahoma SIP submittal pertaining to the interfere with maintenance requirement of CAA section 110(a)(2)(D)(i)(I) with respect to the 1997 ozone NAAQS. We propose to find that the state's conclusion that Oklahoma emissions do not interfere with maintenance of the 1997 ozone NAAQS in another state is consistent with our conclusion regarding this good neighbor obligation. IV. 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.); 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, Ozone. Authority: 42 U.S.C. 7401 et seq. Dated: November 7, 2018. Anne Idsal, Regional Administrator, Region 6. [FR Doc. 2018-24873 Filed 11-15-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Proposed Rules 57701
(5) Negative information. monitoring service. (1) Once a consumer another. If any provision is stayed, or
(m) Nationwide consumer reporting has indicated that the consumer is determined to be invalid, it is the
agency has the meaning provided in 15 interested in obtaining the service Commission’s intention that the
U.S.C. 1681a(p). required under paragraph (a) of this remaining provisions shall continue in
(n) Negative information has the section, such as by clicking on a link for effect.
meaning provided in 15 U.S.C. 1681s– services provided to active duty military By direction of the Commission.
2(a)(7)(G)(i). consumers, any advertising or marketing Donald S. Clark,
for products or services, or any
§ 609.3 Requirement to provide free Secretary.
electronic credit monitoring service. communications or instructions that
[FR Doc. 2018–24940 Filed 11–15–18; 8:45 am]
advertise or market any products and
(a) General requirements. Nationwide BILLING CODE 6750–01–P
services, must be delayed until after the
consumer reporting agencies must
consumer has enrolled in that service.
provide a free electronic credit (2) Any communications,
monitoring service to active duty instructions, or permitted advertising or ENVIRONMENTAL PROTECTION
military consumers. marketing shall not interfere with, AGENCY
(b) Determining whether a consumer
detract from, contradict, or otherwise
must receive electronic credit undermine the purpose of providing a 40 CFR Part 52
monitoring service. Nationwide free electronic credit monitoring service [EPA–R06–OAR–2007–0314; FRL–9985–97–
consumer reporting agencies may to active duty military consumers that Region 6]
condition provision of the service notifies them of any material additions
required under paragraph (a) of this or modifications to their files. Air Plan Approval; Oklahoma;
section upon the consumer providing: (3) Examples of interfering, detracting, Interstate Transport Requirements for
(1) Appropriate proof of identity, inconsistent, and/or undermining the 1997 Ozone National Ambient Air
(2) Contact information, and Quality Standards
(3) Appropriate proof that the communications include:
(i) Materials that represent, expressly
consumer is an active duty military AGENCY: Environmental Protection
or by implication, that an active duty
consumer. Agency (EPA).
(c) Appropriate proof of active duty military consumer must purchase a paid
ACTION: Proposed rule, withdrawal of
military status. A consumer’s status as product or service in order to receive
the service required under paragraph (a) proposed rule.
an active duty military consumer can be
verified through: of this section; or SUMMARY: Pursuant to the Federal Clean
(1) A copy of the consumer’s active (ii) Materials that falsely represent, Air Act (CAA or the Act), the
duty orders; expressly or by implication, that a Environmental Protection Agency (EPA)
(2) A copy of a certification of active product or service offered ancillary to is proposing to approve a portion of an
duty status issued by the Department of receipt of the free electronic credit Oklahoma State Implementation Plan
Defense; monitoring service, such as identity (SIP) submittal that pertains to the good
(3) A method or service approved by theft insurance, is free, or that fail to neighbor provision requirements of the
the Department of Defense; or clearly and prominently disclose that CAA with respect to interstate transport
(4) A certification of active duty status consumers must cancel a service, of air pollution which will interfere
approved by the nationwide consumer advertised as free for an initial period of with maintenance of the 1997 ozone
reporting agency. time, to avoid being charged, if such is National Ambient Air Quality Standards
(d) Information use and disclosure. the case. (NAAQS). The good neighbor provision
Any information collected from (f) Other prohibited practices. A requires, in part, that each state, in its
consumers as a result of a request to nationwide consumer reporting agency SIP, prohibit emissions that will
obtain the service required under shall not ask or require an active duty interfere with maintenance of a new or
paragraph (a) of this section, may be military consumer to agree to terms or revised NAAQS in another state. In this
used or disclosed by the nationwide conditions in connection with obtaining action, EPA is proposing to approve the
consumer reporting agency only: a free electronic credit monitoring Oklahoma SIP submittal as having met
(1) To provide the free electronic service. the interfere with maintenance
credit monitoring service requested by requirement of the good neighbor
§ 609.4 Timing of electronic credit
the consumer; monitoring notices. provision for the 1997 ozone NAAQS in
(2) To process a transaction requested accordance with section 110 of the
by the consumer at the same time as a The notice required in section
609.3(a) must be provided within 24 CAA. EPA is also withdrawing its
request for the free electronic credit October 17, 2011 proposed rule to
monitoring service; hours of any material additions or
modifications to a consumer’s file. disapprove this portion of Oklahoma
(3) To comply with applicable legal SIP submittal.
requirements; or § 609.5 Additional information to be DATES: Written comments must be
(4) To update information already included in electronic credit monitoring
maintained by the nationwide consumer received on or before December 17,
notices.
reporting agency for the purpose of 2018.
The notice required in section
providing consumer reports, provided 609.3(a) shall include a hyperlink to a ADDRESSES: Submit your comments,
that the nationwide consumer reporting summary of the consumer’s rights under identified by Docket No. EPA–R06–
tkelley on DSKBCP9HB2PROD with PROPOSALS
agency uses and discloses the updated the Fair Credit Reporting Act, as OAR–2007–0314, at https://
information subject to the same prescribed by the Bureau of Consumer www.regulations.gov or via email to
restrictions that would apply, under any Financial Protection under 15 U.S.C. young.carl@epa.gov. Follow the online
applicable provision of law or 1681g(c). instructions for submitting comments.
regulation, to the information updated Once submitted, comments cannot be
or replaced. § 609.6 Severability. edited or removed from Regulations.gov.
(e) Communications surrounding The provisions of this part are The EPA may publish any comment
enrollment in electronic credit separate and severable from one received to its public docket. Do not
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implementation of the CSAPR Phase 2 that complies with the provisions of the specified by Executive Order 13175 (65
EGU emission budgets. The 2014 Act and applicable Federal regulations. FR 67249, November 9, 2000).
modeling results projected that the 42 U.S.C. 7410(k); 40 CFR 52.02(a).
List of Subjects in 40 CFR Part 52
Allegan County receptor would have a Thus, in reviewing SIP submissions, the
maximum 8-hour ozone ‘‘design value’’ EPA’s role is to approve state choices, Environmental protection, Air
of 83.6 part per billion (ppb) before provided that they meet the criteria of pollution control, Incorporation by
considering the emissions reductions the CAA. Accordingly, this action reference, Ozone.
anticipated from implementation of merely proposes to approve state law as Authority: 42 U.S.C. 7401 et seq.
CSAPR.13 This value is below the value meeting Federal requirements and does Dated: November 7, 2018.
of 85 ppb that we used to determine not impose additional requirements
Anne Idsal,
whether a particular ozone receptor beyond those imposed by state law. For
Regional Administrator, Region 6.
should be identified as having air that reason, this action:
quality problems that may trigger • Is not a ‘‘significant regulatory [FR Doc. 2018–24873 Filed 11–15–18; 8:45 am]
transport obligations in upwind states action’’ subject to review by the Office BILLING CODE 6560–50–P
with regard to the 1997 ozone NAAQS of Management and Budget under
(76 FR 48208, 48236). The 2014 Executive Orders 12866 (58 FR 51735,
modeling results show that the Allegan October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION
County, Michigan monitor to which January 21, 2011); AGENCY
Oklahoma was linked in the 2012 • Is not an Executive Order 13771 (82
40 CFR Part 52
modeling was projected to no longer FR 9339, February 2, 2017) regulatory
have air quality problems sufficient to action because SIP approvals are [EPA–R03–OAR–2018–0153; FRL–9986–62–
trigger transport obligations with regard exempted under Executive Order 12866; Region 3]
to the 1997 8-hour ozone NAAQS. Thus, • Does not impose an information
collection burden under the provisions Approval and Promulgation of Air
Oklahoma would no longer interfere
of the Paperwork Reduction Act (44 Quality Implementation Plans;
with maintenance of the 1997 ozone
U.S.C. 3501 et seq.); Maryland; Amendment to Control of
NAAQS at the Allegan County receptor
in 2014. • Is certified as not having a Emissions of Volatile Organic
significant economic impact on a Compounds From Consumer Products
As discussed above, in light of the
remand of 10 other states’ CSAPR phase substantial number of small entities AGENCY: Environmental Protection
2 ozone season budgets by the D.C. under the Regulatory Flexibility Act (5 Agency (EPA).
Circuit in EME Homer City II, we also U.S.C. 601 et seq.); ACTION: Proposed rule; reopening of
evaluated the validity of the emissions • Does not contain any unfunded
comment period.
budget promulgated for Oklahoma in mandate or significantly or uniquely
the supplemental CSAPR rule, and affect small governments, as described SUMMARY: The Environmental Protection
determined that Oklahoma’s emissions in the Unfunded Mandates Reform Act Agency (EPA) is reopening the comment
would no longer contribute significantly of 1995 (Pub. L. 104–4); period for the proposed approval to a
to nonattainment in, or interfere with • Does not have Federalism state implementation plan (SIP) revision
maintenance by, any other state with implications as specified in Executive submitted by the State of Maryland
respect to the 1997 ozone NAAQS at Order 13132 (64 FR 43255, August 10, pertaining to the Code of Maryland
either receptor or in any other state. (81 1999); Regulations (COMAR) 26.11.32—
• Is not an economically significant Control of Emissions of Volatile Organic
FR 74524–25). This conclusion is based
regulatory action based on health or Compounds (VOCs) from Consumer
on EPA’s most recent modeling analysis.
safety risks subject to Executive Order Products. The proposed rule was
III. Proposed Action 13045 (62 FR 19885, April 23, 1997); published in the Federal Register on
We are proposing to approve the • Is not a significant regulatory action August 8, 2018 (83 FR 39009). Written
portion of a May 1, 2007 Oklahoma SIP subject to Executive Order 13211 (66 FR comments on the proposed rule were to
submittal pertaining to the interfere 28355, May 22, 2001); be submitted to EPA on or before
• Is not subject to requirements of September 7, 2018. The purpose of this
with maintenance requirement of CAA
section 12(d) of the National document is to reopen the comment
section 110(a)(2)(D)(i)(I) with respect to
Technology Transfer and Advancement period for an additional 30 days. This
the 1997 ozone NAAQS. We propose to
Act of 1995 (15 U.S.C. 272 note) because extension of the comment period is
find that the state’s conclusion that
application of those requirements would provided to allow the public additional
Oklahoma emissions do not interfere
be inconsistent with the CAA; and time to provide comment on the August
with maintenance of the 1997 ozone
• Does not provide EPA with the
NAAQS in another state is consistent 8, 2018 proposed rule. All comments
discretionary authority to address, as
with our conclusion regarding this good submitted between the close of the
appropriate, disproportionate human
neighbor obligation. original comment period and the
health or environmental effects, using
reopening of this comment period will
IV. Statutory and Executive Order practicable and legally permissible
be accepted and considered.
Reviews methods, under Executive Order 12898
DATES: Written comments must be
Under the CAA, the Administrator is (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to received on or before December 17,
required to approve a SIP submission 2018.
tkelley on DSKBCP9HB2PROD with PROPOSALS
apply on any Indian reservation land or
13 Design values are used to determine whether a in any other area where EPA or an ADDRESSES: Submit your comments,
NAAQS is being met. See projected 2014 base case Indian tribe has demonstrated that a identified by Docket ID No. EPA–R03–
maximum design value for Allegan County, tribe has jurisdiction. In those areas of OAR–2018–0153 at http://
Michigan receptor 26005003 at page B–16 of the Indian country, the proposed rule does www.regulations.gov, or via email to
June 2011 Air Quality Modeling Final Rule
Technical Support Document for CSAPR, Document
not have tribal implications and will not Susan Spielberger, Associate Director,
ID No. EPA–HQ–OAR–2009–0491–4140, available impose substantial direct costs on tribal Office of Air Planning and Programs,
in regulations.gov. governments or preempt tribal law as Spielberger.Susan@epa.gov. For
VerDate Sep<11>2014 16:48 Nov 15, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\16NOP1.SGM 16NOP1](https://thefederalregister.org/doc/83_FR_57923/page/4.svg)
Document Created: 2018-11-16 07:22:53
Document Modified: 2018-11-16 07:22:53
| 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, withdrawal of proposed rule. | |
| Dates | Written comments must be received on or before December 17, 2018. | |
| Contact | Carl Young, 214-665-6645, [email protected] To inspect the hard copy materials, please schedule an appointment with Mr. Young or Mr. Bill Deese at 214-665-7253. | |
| FR Citation | 83 FR 57701 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference and Ozone |
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