[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Rules and Regulations]
[Pages 17502-17504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06159]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0786; FRL-10006-43-Region 6]


Air Plan Approval; Oklahoma; Infrastructure for the 2015 Ozone 
National Ambient Air Quality Standards

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 elements of a State 
Implementation Plan (SIP) submission from the State of Oklahoma for the 
2015 Ozone (O3) National Ambient Air Quality Standard 
(NAAQS). Oklahoma's October 25, 2018, submittal addressed how the 
existing SIP provides for implementation, maintenance, and enforcement 
of the 2015 O3 NAAQS (infrastructure SIP or i-SIP). The i-
SIP ensures that the Oklahoma SIP is adequate to meet the state's 
responsibilities under the CAA for this NAAQS.

DATES: This rule is effective on April 29, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2018-0786. All documents in the docket are 
listed on the https://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 https://www.regulations.gov or 
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500, 
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Robert M. Todd, EPA Region 6 Office, 
Infrastructure & Ozone Section, 1201 Elm Street, Suite 500, Dallas, TX 
75270, 214-665-2156, todd.robert@epa.gov. To inspect the hard copy 
materials, please schedule an appointment with Mr. Todd or Mr. Bill 
Deese at 214-665-7253.

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

[[Page 17503]]

I. Background

    The background for this action is discussed in detail in our 
January 2, 2020 proposal (85 FR 54). In that document we proposed to 
approve the Oklahoma SIP for compliance with CAA sections 110(a)(1) and 
110(a)(2)(A) through (C), 110(a)(2)(E) through (H) and 110(a)(2)(J) 
through (M). We also proposed approving the Oklahoma SIP for compliance 
with CAA sections 110(a)(2)(D)(i)(II), Interference with Prevention of 
Significant Deterioration and 110(a)(2)(D)(ii), Interstate Pollution 
Abatement (which refers to CAA section 126) and International Air 
Pollution (which refers to CAA section 115). We are not acting on the 
remaining portions of the October 25, 2018, submittal addressing CAA 
section 110(a)(2)(D)(i)(I), and 110(a)(2)(D)(i)(II), which will be 
addressed in a subsequent action. We did not receive any comments 
regarding our proposal.

II. Final Action

    We are approving Oklahoma's October 28, 2018, Infrastructure SIP 
submission for the 2015 Ozone NAAQS as it applies to CAA sections 
110(a)(1) and 110(a)(2)(A) through (C), 110(a)(2)(D)(i)(II) (the 
Prevention of Significant Deterioration portion), 110(a)(2)(D)(ii), 
110(a)(2)(E) through (H) and 110(a)(2)(J) through (M). The submission 
addressed how Oklahoma's existing SIP provides for implementation, 
maintenance, and enforcement of the 2015 Ozone NAAQS.

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. 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 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, 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 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 May 29, 2020. 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, Ozone.

    Dated: March 19, 2020.
Kenley McQueen,
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 (e), the table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures in the Oklahoma SIP'' is 
amended by adding an entry for ``Infrastructure for the 2015 Ozone 
NAAQS'' at the end of the table.
    The amendment reads as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (e) * * *

[[Page 17504]]



             EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
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                                 Applicable  geographic
     Name of SIP provision          or  nonattainment     State submittal/  EPA approval date       Comments
                                          area             effective date
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                                                  * * * * * * *
Infrastructure for the 2015      Statewide.............  October 25, 2018.  3/30/2020,         Does not address
 Ozone NAAQS.                                                                [Insert Federal    110(a)(2)(D)(i)(
                                                                             Register           I). No action on
                                                                             citation].         110(a)(2)(D)
                                                                                                (i)(II)
                                                                                                (visibility
                                                                                                portion).
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[FR Doc. 2020-06159 Filed 3-27-20; 8:45 am]
 BILLING CODE 6560-50-P


