[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12514-12516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05766]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0145; FRL-9975-55-Region 6]


Approval and Promulgation of State Implementation Plans, Oklahoma

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) for Oklahoma 
submitted by the State of Oklahoma designee with a letter dated 
February 14, 2017. The submittal covers updates to the Oklahoma SIP, as 
contained in annual SIP updates for 2013, 2014, 2015, and 2016, and 
incorporates the latest changes to the EPA regulations. The overall 
intended outcome of this action is to make the approved Oklahoma SIP 
consistent with current Federal and State requirements. This action is 
being taken in accordance with the federal Clean Air Act (the Act) 
March 22, 2018.

DATES: Comments must be received on or before April 23, 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 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 (6MM-AA), (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,'' and 
``our'' refer to EPA.

I. Background

    On November 3, 2015 (80 FR 67647), the EPA finalized, among other 
things, its approval of revisions to Oklahoma Administrative Code (OAC) 
Title 252 Department of Environmental Quality (ODEQ), Chapter 100 Air 
Pollution Control (OAC:252:100), Subchapter 17 Incinerators, Subchapter 
25 Visible Emissions and Particulates, Appendix E Primary Ambient Air 
Quality Standards, and Appendix F Secondary Ambient Air Quality 
Standards.
    The submittal dated February 14, 2017 (February 14, 2017 Submittal, 
or Submittal) which is the subject of this proposed action includes 
revisions to Subchapters 2 Incorporation by Reference, 5 Registration, 
Emission Inventory and Annual Operating Fees, 13 Open Burning, 17 
Incinerators, 25 Visible Emissions and Particulates, 31 Control of 
Emission of Sulfur Compounds, Appendix E Primary Ambient Air Quality 
Standards, Appendix F Secondary Ambient Air Quality Standards, and 
Appendix Q Incorporation by Reference of OAC:252:100. The Submittal 
covers the annual updates for the years 2013, 2014, 2015, and 2016.
    The criteria used to evaluate these SIP revisions are found 
primarily in section 110 of the Act. Section 110(l) requires that a SIP 
revision submitted to the EPA be adopted after reasonable notice and 
public hearing and also requires that the EPA not approve a SIP 
revision if the revision would interfere with any applicable 
requirement concerning

[[Page 12515]]

attainment and reasonable further progress, or any other applicable 
requirement of the Act. See the Technical Support Document (TSD) 
prepared in conjunction with this action for more information.

II. Evaluation

    Subchapters 2, 5, and Appendix Q of the Submittal are air permit-
related provisions of the Oklahoma SIP, and we are not acting upon 
these provisions in this rulemaking action. The EPA plans to act on 
these provisions separately in a future rulemaking action.
    In this action, we are proposing to approve revisions to OAC 
252:100, Subchapters 13, 17, 25, 31, Appendix E, and Appendix F, as 
contained in the Submittal. Appendices E and F adopt primary and 
secondary National Ambient Air Quality Standards (NAAQS), respectively.
    OAC 252:100, Subchapter 13 imposes requirements for controlling 
open burning of refuse and other combustible materials. It defines 
``air curtain incinerator'' or ``air curtain destructor'' as an 
incineration unit that operates by forcefully projecting a curtain of 
air across an open, integrated combustion chamber (fire box) or open 
pit or trench (trench burner) in which combustion occurs.
    The Subchapter 13 revisions limit allowed open burning when an 
Ozone or PM Watch has been declared for the day of the burn in an area. 
This provision is intended to assist with attaining and maintaining the 
Ozone and PM NAAQS. Section OAC 252:100-13-8 concerns the use of air 
curtain incinerators and prohibits the owner or operator of an air 
curtain incinerator from accepting to burn any material owned by other 
persons and transporting any material to the property where the air 
curtain incinerator is located unless the material is 100 percent wood 
waste, 100 percent clean lumber, or 100 percent mixture of wood waste 
and clean lumber. This provision makes the open burning activities more 
stringent and assists with compliance determinations. Revisions to OAC 
252:100-13-8 also mandate compliance with applicable federal 
incineration requirements of 40 CFR part 60. See the TSD prepared in 
conjunction with this rulemaking action for more information.
    Since the record indicates that the submitted revisions to 
Subchapter 13 make applicability determinations clearer and improves 
compliance, we find that the Oklahoma SIP has not been relaxed and that 
the requirements of section 110(l) of the Act have been satisfied. See 
the TSD in the docket for this action. Therefore, we are proposing to 
approve the submitted revisions to Subchapter 13 into the Oklahoma SIP.
    OAC 252:100, Subchapter 17 specifies design and operating 
requirements and establishes emission limitations for incinerators and 
municipal waste combustors. Submitted revisions to OAC 252:100-17, Part 
3 General Purpose Incinerators and Part 9 Commercial and Industrial 
Solid Waste Incineration (CISWI) Units adjust enforceable requirements 
and compliance dates consistent with revisions to federal requirements 
dated February 7, 2013 (78 FR 9112). More specifically, the submitted 
revisions incorporate changes to 40 CFR part 60, subpart DDDD Emissions 
Guidelines and Compliance Times for Commercial and Industrial Solid 
Waste Incineration (CISWI) Units, Model Rule, Sections 60.2575 through 
60.2875, including Tables 1 through 9. The State has adopted federal 
requirements for incinerators through an Incorporation By Reference 
(IBR) mechanism. See 64 FR 57392, and 70 FR 73595. The proposed 
revisions will render Subchapter 17 consistent with federal 
requirements and make the SIP more stringent. See the TSD for more 
information. Therefore, we are proposing to approve the submitted 
revisions to Subchapter 17 into the Oklahoma SIP.
    OAC 252:100, Subchapter 25 concerns visible emissions and 
particulates and its purpose is to control visible emissions and 
particulate matter from the operation of specified air contaminant 
sources. More specifically, submitted revisions to OAC 252:100-25-5 
require owners or operators of listed stationary sources install, 
calibrate, operate, and maintain all monitoring equipment for 
continuously monitoring opacity; it also requires compliance with 40 
CFR part 60, Appendix B, and 40 CFR part 51, Appendix P. The proposed 
revisions will render Subchapter 25 consistent with federal 
requirements and make the SIP more stringent. See the TSD for more 
information. Therefore, we are proposing to approve the submitted 
revisions to Subchapter 25 into Oklahoma SIP.
    ODEQ revised OAC 252:100, Subchapter 31 in 2002, 2003 (twice), 
2012, and 2013. As a part of our review of the February 14, 2017 
Submittal, each one of these five revisions has been evaluated in the 
TSD associated with this action.
    In particular, Subchapter 252:100:31 concerns control of emission 
of sulfur compounds and its purpose is control emissions of sulfur 
compounds from stationary sources. Revisions to 252:100:31-25(3) state 
that required SO2 emissions monitoring systems must comply 
with the provisions of 40 CFR part 60, Appendix B, and 40 CFR part 51, 
Appendix P. As a result, the proposed revisions will be consistent with 
federal requirements and make the SIP more stringent. In addition, by 
replacing State's outdated 24-hour and annual SO2 standards 
with the more stringent up-to-date short term federal 2010 1-Hour 
SO2 standard (75 FR 35520, June 22, 2010), Subchapter 31 
will provide for even better protection of public health and 
environment and make the SIP more stringent. See the TSD for more 
information. Therefore, we are proposing to approve the submitted 
revisions to Subchapter 31 into the Oklahoma SIP.
    OAC 252:100, Appendix E concerns the primary NAAQS set forth to 
provide public health protection, including protecting the health of 
``sensitive'' populations such as asthmatics, children, and the 
elderly. The submitted revision to Appendix E adopts the primary 2015 
8-Hour ozone NAAQS and is consistent with 40 CFR 50.19, making the SIP 
more stringent. Also, see https://www.epa.gov/criteria-air-pollutants/naaqs-table. Therefore, we are proposing to approve the submitted 
revisions to OAC 252:100, Appendix E into the Oklahoma SIP. See the TSD 
for more information.
    OAC 252:100, Appendix F concerns the secondary NAAQS set forth to 
provide public welfare protection, including protection against 
decreased visibility and damage to animals, crops, vegetation, and 
buildings. The submitted revision to Appendix F concerns the secondary 
2015 8-Hour ozone NAAQS and is consistent with 40 CFR 50.19, making the 
SIP more stringent. Also, see https://www.epa.gov/criteria-air-pollutants/naaqs-table. Therefore, we are proposing to approve the 
submitted revisions to OAC 252:100, Appendix F into the Oklahoma SIP.

III. Proposed Action

    We are proposing to approve revisions to OAC 252:100, Subchapters 
13, 17, 25, 31, Appendix E, and Appendix F, as submitted to us by a 
letter dated February 14, 2017 (Submittal). The Submittal covers 
Oklahoma's updates for the years 2013, 2014, 2015, and 2016. We are 
proposing to approve these revisions in accordance with Section 110 of 
the Act.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text

[[Page 12516]]

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 the 
Proposed Action section above. The EPA has made, and will continue to 
make, these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. 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: March 16, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-05766 Filed 3-21-18; 8:45 am]
 BILLING CODE 6560-50-P


