[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44236-44238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18657]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0350; FRL-9982-47--Region 6]


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

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 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 
includes 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 addresses the revisions 
submitted to the Oklahoma SIP pertaining to incorporation by reference 
of federal requirements and emission inventory reporting requirements.

DATES: This rule is effective on October 1, 2018.

[[Page 44237]]


ADDRESSES: The EPA has established a docket for this action under 
Docket ID No.EPA-R06-OAR-2018-0350. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
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 http://www.regulations.gov or 
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, 214-665-2115, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our July 
6, 2018, proposal at 83 FR 31511. In that document, we proposed to 
approve revisions to the Oklahoma SIP submitted by letter dated 
February 14, 2017, from the Oklahoma Secretary of Energy and 
Environment that pertain to incorporation by reference of federal 
requirements and emission inventory reporting requirements. 
Specifically, we proposed to approve the revisions to Subchapter 2, 
Subchapter 5, and Appendix Q under Title 252, Chapter 100 of the 
Oklahoma Administrative Code (OAC).
    We received two comments on our July 6, 2018, proposal. One 
commenter provided personal observations regarding former EPA 
Administrator Scott Pruitt. One commenter provided comments about 
reducing greenhouse gas emissions through forest management practices. 
Neither of these comments is relevant to our proposed rulemaking to 
approve the updates to the incorporation by reference of federal 
requirements or updates to the Oklahoma emission inventory reporting 
requirements. Since these comments are not relevant to the specific 
action EPA proposed, the EPA will not be responding to these comments 
or making any changes to our proposed rulemaking because of these 
comments.

II. Final Action

    We are approving 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 
these revisions, submitted by Oklahoma on February 14, 2017, were 
developed in accordance with the CAA and EPA's regulations. Therefore, 
under section 110 of the Act, the EPA approves 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 rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
revisions to the Oklahoma regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and at the 
EPA Region 6 Office (please contact Adina Wiley for more information). 
Therefore, these materials have been approved by the EPA for inclusion 
in the Oklahoma SIP, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of this final rulemaking, and 
will be incorporated by reference in the next update to the SIP 
compilation.

V. Statutory and Executive Order Reviews

    Under the Clean Air 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves 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, 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 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

[[Page 44238]]

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 October 29, 2018. 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, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 23, 2018.
Anne Idsal,
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(c), the table titled ``EPA Approved Oklahoma 
Regulations'' is amended by revising the entries for Sections 252:100-
2-3; 252:100-5-2; 252:100-5-2.1; 252:100-5-3; and 252:100, Appendix Q 
to read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Oklahoma Regulations
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           State citation                 Title/subject             State effective date           EPA approval date               Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
252:100-2-3........................  Incorporation by        9/15/2016                          8/30/2018, [Insert      ................................
                                      reference.                                                 Federal Register
                                                                                                 citation].
 
                                                                      * * * * * * *
252:100-5-2........................  Registration of         9/12/2014                          8/30/2018, [Insert      ................................
                                      potential sources of                                       Federal Register
                                      air contaminants.                                          citation].
252:100-5-2.1......................  Emission inventory....  9/15/2016                          8/30/2018, [Insert      ................................
                                                                                                 Federal Register
                                                                                                 citation].
 
                                                                      * * * * * * *
252:100-5-3........................  Confidentiality of      9/12/2014                          8/30/2018, [Insert      ................................
                                      proprietary                                                Federal Register
                                      information.                                               citation].
 
                                                                      * * * * * * *
252:100, Appendix Q................  Incorporation by        9/15/2016                          8/30/2018, [Insert      ................................
                                      reference.                                                 Federal Register
                                                                                                 citation].
 
                                                                      * * * * * * *
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[FR Doc. 2018-18657 Filed 8-29-18; 8:45 am]
 BILLING CODE 6560-50-P


