[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30918-30920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13738]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0619; FRL-9995-36-Region 6]


Air Plan Approval; Oklahoma; Regional Haze Five-Year Progress 
Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving a revision to a 
State Implementation Plan (SIP) submitted by the Governor of Oklahoma 
through the Oklahoma Department of Environmental Quality (ODEQ) on 
September 28, 2016. The SIP revision addresses requirements of federal 
regulations that direct the State to submit a periodic report 
describing progress toward reasonable progress goals (RPGs) established 
for regional haze and a determination of the adequacy of the existing 
implementation plan.

DATES: This rule is effective July 29, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2016-0619. All documents listed in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the EPA Region 6 Office, 1201 Elm Street, Dallas, TX 75270.

FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office, 
Regional Haze & SO2 Section, 1201 Elm Street, Suite 500, 
Dallas, TX 75270, (214) 665-7566, steib.clovis@epa.gov. To inspect the 
hard copy materials, please schedule an appointment with Mr. Bill Deese 
at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' means the EPA.

I. Background

    In a notice of proposed rulemaking (NPRM) published on March 28, 
2019 (84 FR 11711), EPA proposed to approve Oklahoma's (the State's) 
Regional Haze Five Year Progress Report.\1\ On September 28, 2016, 
Oklahoma submitted its progress report in the form of a SIP revision 
under 40 CFR 51.308, which, among other things, detailed the progress 
made in the first planning period toward implementation of the long-
term strategy (LTS) outlined in the State's regional haze plan. The 
progress report also included a summary of the visibility improvement 
measured at the Wichita Mountains Wilderness Area (WMWA), the only 
Class I area within Oklahoma, an assessment of whether Class I areas 
outside of the State are potentially impacted by emissions from 
Oklahoma, and a determination of the adequacy of the existing 
implementation plan. The details of Oklahoma's submittal and the 
rationale for EPA's action are further explained in the NPRM. EPA did 
not receive any relevant adverse comments on the proposed action. We 
received one comment letter from the Texas Commission on Environmental 
Quality (TCEQ) that discussed issues outside the scope of this 
particular rule making.\2\
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    \1\ Oklahoma's submitted report can be found at 
www.regulations.gov; Docket EPA-R06-OAR-2016-0619-0002.
    \2\ The TCEQ submitted a letter commenting on the remanded 2016 
Federal Implementation Plan (FIP) for Texas regarding regional haze 
reasonable progress, urging EPA to repeal the FIP in its entirety; 
as well as act on and approve the State's own 2014 Regional Haze 
Five-Year Progress Report and finalize any action resulting from the 
additional comment period on the 2017 FIP for the State regarding 
regional haze Best Available Retrofit Technology (BART). This letter 
can be found at www.regulations.gov; Docket EPA-R06-OAR-2016-0619-
0004. EPA is addressing regional haze requirements for Texas in 
another action; see Dockets EPA-R06-OAR-2014-0754 and EPA-R06-OAR-
2016-0611.
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II. Final Action

    EPA is approving Oklahoma's regional haze five-year progress report 
SIP revision, finding it meets the applicable regional haze 
requirements under the CAA and set forth in 40 CFR 51.308(g), (h) and 
(i). Because the SIP

[[Page 30919]]

and Federal Implementation Plan (FIP) \3\ will ensure the control of 
SO2 and NOX emissions reductions relied upon by 
Oklahoma and other states in setting their reasonable progress goals, 
EPA concurs with the State's finding that there is no need for revision 
of the existing implementation plan to achieve the reasonable progress 
goals for the Class I areas in Oklahoma and in nearby states impacted 
by Oklahoma sources.
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    \3\ As discussed in the NPRM, EPA issued a FIP, promulgating 
revised SO2 Best Available Retrofit Technology (BART) 
emission limits on six-coal-fired EGUs located at three facilities. 
(See 76 FR 81728 (December 28, 2011), codified at 40 CFR 52.1923) 
The FIP affects two units at each of two facilities owned and 
operated by Oklahoma Gas and Electric Company (OG&E): Muskogee 
Generating Station in Muskogee County, and Sooner Generating Station 
in Noble County. The FIP also initially applied to two units at 
American Electric Power/Public Service Company of Oklahoma's (AEP/
PSO's) Northeastern Power Station in Rogers County, but those 
requirements have since been removed from the FIP after EPA approval 
of a SIP revision addressing these two units.
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III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 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 CAA. Accordingly, this 
action approves a State's determination that their current regional 
haze plan is 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 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 27, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Best Available 
Retrofit Technology, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility, 
Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 24, 2019.
David Gray,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart LL--Oklahoma

0
2. In Sec.  52.1920, under paragraph (e), the first table titled ``EPA-
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the 
Oklahoma SIP'' is amended by adding an entry at the end to read as 
follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (e) * * *

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                                 EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
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                                        Applicable
      Name of SIP provision            geographic or       State submittal              EPA approval date                        Explanation
                                    nonattainment area           date
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                                                                      * * * * * * *
Oklahoma Regional Haze 5-Year      Statewide...........  Submitted 9/28/16..  6/28/19, [Insert Federal Register
 Progress Report.                                                              citation].
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[FR Doc. 2019-13738 Filed 6-27-19; 8:45 am]
 BILLING CODE 6560-50-P


