[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Proposed Rules]
[Pages 31511-31513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14493]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0350; FRL-9979-54--Region 6]


Approval and Promulgation of Implementation Plans; Oklahoma; 
General SIP Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), 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 EPA regulations. This action will address the revisions 
submitted to the Oklahoma SIP pertaining to incorporation by reference 
of federal requirements and emission inventory reporting requirements.

DATES: Written comments must be received on or before August 6, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0350, 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 Adina Wiley, 214-665-
2115, [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).

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FOR FURTHER INFORMATION CONTACT: Adina Wiley, (214) 665-2115, 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at (214) 
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

I. Background

    Section 110 of the Act requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's National Ambient Air Quality Standards. These ambient standards 
are established under section 109 of the Act and they currently address 
six criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, 
lead, particulate matter, and sulfur dioxide. The state's air 
regulations are contained in its SIP, which is basically a clean air 
plan. Each state is responsible for developing SIPs to demonstrate how 
the NAAQS will be achieved, maintained, and enforced. The SIP must be 
submitted to EPA for approval and any changes a state makes to the 
approved SIP also must be submitted to the EPA for approval.
    The Oklahoma Secretary of Energy and Environment submitted 
revisions for approval by EPA on February 14, 2017. The submittal 
addresses air pollution regulations and control strategies adopted and 
codified in the Oklahoma Administrative Code (OAC) under Title 252 
(DEQ), Chapter 100 (Air Pollution Control), Subchapter 2 and Appendix 
Q--Incorporation by Reference; Subchapter 5--Registration, Emission 
Inventory and Annual Operating Fees; Subchapter 13--Open Burning; 
Subchapter 17--Incinerators; Subchapter 25--Visible Emissions and 
Particulates; Subchapter 31--Control of Emission of Sulfur Compounds; 
Appendix E--Primary Ambient Air Quality Standards; and Appendix F--
Secondary Ambient Air Quality Standards. The EPA has proposed separate 
action to address the February 14, 2017, submission of revisions to OAC 
252:100, Subchapters 13, 17, 25, 31, and Appendices E and F. See the 
rulemaking docket EPA-R06-OAR-2017-0145. In this action we are only 
addressing the February 14, 2017, submitted revisions to OAC 252:100, 
Subchapters 2, 5, and Appendix Q.

II. The EPA's Evaluation

    The accompanying Technical Support Document for this action 
includes a detailed analysis of the submitted revisions to the Oklahoma 
SIP. With the exception of Subchapter 5 discussed below, the revisions 
are minor or non-substantive in nature and do not change the intent of 
the originally approved SIP requirements. Our analysis indicates that 
the SIP revision package submitted on February 14, 2017, has been 
developed in accordance with the CAA and the State provided reasonable 
notice and public hearing. The revisions to OAC 252:100, Subchapter 2 
and Appendix Q update the incorporation by reference dates so that the 
Oklahoma SIP maintains consistency with federal requirements. The 
revisions to OAC 252:100, Subchapter 5 substantively revise the 
emission inventory reporting requirements. The ODEQ is revising the 
reporting schedule for sources with permits by rule to align with the 
Three-Year Cycle Inventory of the National Emission Inventory specified 
in 40 CFR 51.30(b). ODEQ is clarifying that permit exempt and de 
minimis facilities as defined in OAC 252:100, Subchapter 7 are not 
subject to emission inventory reporting requirements unless annual 
emissions from the facility exceed the federal emission thresholds 
listed in 40 CFR part 51, Appendix A. The ODEQ is also providing the 
ability for the Director to require emission inventory reporting from 
any facility with the potential to emit any regulated air pollutant if 
the data is needed for program planning or compliance with State or 
Federal rules, regulations, standards or requirements. The EPA has 
determined it is appropriate to approve revisions to the Oklahoma SIP 
because these revisions maintain consistency with federal requirements 
and will not interfere with any applicable requirement concerning 
attainment and reasonable further progress or any other applicable CAA 
requirements.

III. Proposed Action

    We are proposing to approve revisions to the Oklahoma SIP that 
revise the incorporation by reference dates for federal requirements 
and update the emission inventory reporting requirements. We have 
determined that the revisions submitted on February 14, 2017, were 
developed in accordance with the CAA and EPA's regulations. Therefore, 
under section 110 of the Act, the EPA proposes approval of the 
following revisions to the Oklahoma SIP:
     Revisions to OAC 252:100-2-3 and Appendix Q adopted on 
April 25, 2013; effective July 1, 2013;
     Revisions to OAC 252:100-2-3 and Appendix Q adopted on 
June 19, 2014; effective September 12, 2014;
     Revisions to OAC 252:100-2-3 and Appendix Q adopted on 
June 8, 2015; effective September 15, 2015;
     Revisions to OAC 252:100-2-3 and Appendix Q adopted on 
June 9, 2016; effective September 15, 2016;
     Revisions to OAC 252:100-5-2 adopted on June 19, 2014; 
effective September 12, 2014;
     Revisions to OAC 252:100-5-2.1 adopted on June 19, 2014; 
effective September 12, 2014;
     Revisions to OAC 252:100-5-2.1 adopted June 9, 2016; 
effective September 15, 2016; and
     Revisions to OAC 252:100-5-3 adopted on June 19, 2014; 
effective September 12, 2014.

IV. Incorporation by Reference

    In this 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 the Oklahoma regulations as described in the 
Proposed Action section above. We have 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 (please 
contact Adina Wiley for more information).

V. 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.);

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     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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 28, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-14493 Filed 7-5-18; 8:45 am]
 BILLING CODE 6560-50-P


