[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Rules and Regulations]
[Pages 26393-26395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12551]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OK-13-1-7080a, FRL-5822-3]


Approval of a Revision to a State Implementation Plan; Oklahoma; 
Revision to Particulate Matter Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the Oklahoma State 
Implementation Plan (SIP) submitted by the Governor on May 16, 1994. 
This action approves revisions to the Oklahoma SIP by adopting new 
rules and opacity requirements to control particulate matter emissions 
from new, modified, and existing cotton gin operations. Approval of 
this revision will strengthen the SIP by making it Federally 
enforceable. In addition, the new rules will simplify the process 
weight regulations in the State.

DATES: This action is effective on July 14, 1997, unless critical or 
adverse comments are received by June 13, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments should be mailed to Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), EPA Region 6, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2733. Copies of the State's submittal and other 
information relevant to this action are available for inspection during 
normal business hours at the following locations:

Environmental Protection Agency, Region 6, Air Planning Section (6PD-
L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
Oklahoma Department of Environmental Quality, Air Quality Division, 
4545 N. Lincoln, Suite 250, Oklahoma City, Oklahoma 73105-5220.

    Anyone wishing to review these documents at the EPA office is asked 
to contact the person below to schedule an appointment 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Ms. Petra Sanchez, Air Planning 
Section (6PD-L), Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6686.

SUPPLEMENTARY INFORMATION:

I. Background

    The revisions to this SIP action respond to the requirements of 
Section 110 of the Federal Clean Air Act (the Act), as amended in 1990. 
Section 110 requires States to adopt and submit to the Administrator a 
plan which provides for implementation, maintenance, and enforcement of 
the primary and secondary standards for the State. Code of Federal 
Regulations (CFR), 40 Part 50.6 defines the level of the National 
primary and secondary 24-hour ambient air quality standards (NAAQS) for 
particulate matter as 150 micrograms per cubic meter (g/
m3), 24-hour average concentration and 50 g/
m3, annual arithmetic mean. Although Oklahoma is in 
attainment of the standards for particulate matter, submission and 
approval of this revision serves to strengthen the SIP in Oklahoma by 
making it federally enforceable.
    This SIP action approves the new cotton gin requirements and 
opacity rules developed by the State of Oklahoma in consultation with 
EPA and the affected industry. The new rules require cotton gins to 
install specific control equipment and to meet a 20 percent visible 
emissions limit. The affected sources from this action are located 
throughout the State, but predominately in rural areas. Previously, 
Oklahoma did not have specific rules for cotton gin operations. 
Instead, this category of source was regulated under existing general 
particulate matter rules. These rules serve to strengthen the existing 
SIP by superseding the general requirements and by making them 
federally enforceable. In addition, they are applicable to new, 
existing, and modified gins.
    During the development of the State rules, Oklahoma referenced 
various other State requirements and the EPA Visible Emissions (VE) 
performance testing methods in 40 CFR Part 60, Appendix A. The approved 
method for determining VE is Reference Method 9 (Method 9 or RM 9). 
Method 9 discusses how to make visual determinations of opacity for 
emissions from stationary sources. The mechanism for determining VE by 
States has often included the use of an opacity regulation to assist in 
meeting or maintaining the particulate matter air quality standard.

II. Analysis of State Submittal

Emission Limit

    Fugitive emissions from the cotton gin burr hopper dumping area 
have been a major source of complaints from inhabited areas. Amendments 
to the State rules update the control requirements for cotton gins 
throughout Oklahoma by specifying the emissions limitations and 
specific control measures to be utilized by new, modified, or existing 
cotton gins. To control fugitive emissions from burr hoppers during 
dumping, the use of total enclosure at existing gin sites located 
within the corporate city limits of any city or within 300 feet of two 
or more occupied establishments is required. All new gin sites are 
required to install and use a total enclosure on the burr hopper. 
Action must also be taken to minimize fugitive dust emissions during 
transportation and other operations. An opacity limit of 20 percent is 
set for discharges. This opacity limit, however, may be increased for 
particulates but only after the owner/operator can demonstrate to the 
satisfaction of the Oklahoma Air Quality Council at a public hearing 
that their controls meet State requirements and do not violate the 
National Ambient Air Quality Standards (NAAQS).

Emission Control Equipment

    The Oklahoma cotton gin rule specifies the 1D/3D cyclone as the 
approved control equipment on high-pressure exhausts. This gives higher 
control efficiencies than the 2D/2D cyclone which is commonly used in 
cotton gin operations and has a comparable cost. Some facilities in 
Oklahoma have voluntarily installed 1D/3D cyclones prior to the 
adoption of this State regulation. However, to minimize the adverse 
economic impact, a phased-in approach is taken on existing facilities 
allowing continued use of 2D/2D cyclones until repair costs are no 
longer cost effective. Facilities will then be required to replace the 
older equipment with 1D/3D equipment.
    For low-pressure exhausts, the use of 70 mesh or finer screens (or 
approved equivalent) is required. This is the most effective of the 
sizes considered (70, 80, and 100 mesh). The new rules provide equal or 
superior control of emissions compared with that provided for the 
cotton gin industry by the existing

[[Page 26394]]

general particulate matter control rules and guidelines.

Recordkeeping

    All new, modified, or existing cotton gins are required to comply 
with the State rules and are required to maintain a log documenting the 
daily process weight, hours of operation, and air emission control 
equipment replacement schedule or repair costs.

III. Final Action

    These rules have been developed with the cooperation of the 
affected industry, and use a control technology basis for determination 
of compliance. The rules are needed because the industry represents a 
significant source of particulate matter emissions and fugitive dust 
previously controlled by general particulate matter control rules and 
guidelines.
    The EPA is approving the State's SIP revision and the adopted new 
rules pertaining to opacity requirements for cotton gin operations in 
Oklahoma. The EPA has reviewed the submittal for consistency with the 
Act, EPA regulations, and EPA policy. The EPA has determined that the 
rules meet the Act's requirements for revision to the SIP and today is 
approving under section 110 the above mentioned cotton gin rules.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this FR 
publication, the EPA is proposing to approve these SIP revisions should 
adverse or critical comments be received. This action will be effective 
July 14, 1997, unless adverse or critical comments are received by June 
13, 1997.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent action that will 
withdraw the final action. All public comments received will be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such adverse comments are received, the 
public is advised that this action will be effective on July 14, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economical, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 603 and 604. 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over population of less than 
50,000.
    The SIP approvals under section 110 and subchapter I, part D of the 
Act do not create any new requirements but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids EPA to base its actions concerning SIPs on such grounds. 
See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (1976); 42 
U.S.C. 7410(a)(2)).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995, 
signed into law on March 22, 1995, EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to private sector, of $100 
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. The Federal action approves 
preexisting requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to the State, 
local, or tribal governments, or to the private sector, result from 
this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 14, 1997. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: April 24, 1997.
Jerry Clifford,
Acting Regional Administrator.
    Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 26395]]

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart LL--Oklahoma

    2. Section 52.1920 is amended by adding paragraph (c)(44) to read 
as follows:


Sec. 52.1920  Identification of plan.

* * * * *
    (c) * * *
    (44) A revision to the Oklahoma SIP to include Oklahoma 
Administrative Code, Chapter 310:200, Subchapter 23, entitled, 
``Control of Emissions From Cotton Gins,'' submitted by the Governor on 
May 16, 1994.
    (i) Incorporation by reference.
    (A) Addition of Oklahoma Administrative Code, Chapter 310:200, 
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as 
adopted by the Oklahoma Air Quality Council on April 30, 1992, and 
effective June 1, 1993.
    (ii) Additional material--None.

[FR Doc. 97-12551 Filed 5-13-97; 8:45 am]
BILLING CODE 6560-50-P