[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81838-81840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33282]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-0314; FRL-9613-2]


Approval and Promulgation of Implementation Plans; Oklahoma; 
Interstate Transport of Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving severable portions of State Implementation 
Plan (SIP) revisions submitted by Oklahoma to address Clean Air Act 
(CAA) requirements that prohibit air emissions which will contribute 
significantly to nonattainment in, or interfere with maintenance by, 
any other State for the 1997 fine particulate matter (PM2.5) 
National Ambient Air Quality Standards (NAAQS or standards) and the 
2006 24-hour PM2.5 NAAQS. EPA is also approving the 
severable portion of a SIP revision submitted by the State of Oklahoma 
to address the CAA requirement that prohibits air emissions which will 
contribute significantly to nonattainment in any other State for the 
1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or 
standards). EPA is taking no action at this time on the severable 
portion of the SIP revision submitted to address the CAA requirement 
that prohibits air emissions which will interfere with maintenance of 
the 1997 ozone NAAQS in any other State. This action is being taken 
under section 110 of the CAA.

DATES: This final rule is effective on January 30, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R06-OAR-2007-0314. All documents in the docket are listed on 
the http://www.regulations.gov Web site. 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 Air Permits Section (6PD-R), Environmental Protection Agency, 1445 
Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made 
available by appointment for public inspection in the Region 6 Freedom 
of Information Act Review Room between the hours of 8:30 a.m. and 4:30 
p.m. weekdays except for legal holidays. Contact the person listed in 
the FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese 
at (214) 665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cent per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The state submittal is also available for public inspection during 
official business hours, by appointment, at the Oklahoma Department of 
Environmental Quality, 707 North Robinson, P.O. Box 1677, Oklahoma 
City, Oklahoma 73101-1677.

FOR FURTHER INFORMATION CONTACT: Carl Young, Air Planning Section (6PD-
L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 
700, Dallas, Texas 75202-2733, telephone (214) 665-6645; email address 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Outline

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    The background for today's action is discussed in detail in our 
October 17, 2011, proposal (76 FR 64065). In that notice, we addressed 
severable portions of SIP revisions submitted by the state of Oklahoma 
to address the requirement in section 110(a)(2)(D)(i)(I) of the Clean 
Air Act that all SIPs contain adequate provisions to prohibit emissions 
that significantly contribute to nonattainment of the NAAQS in another 
state and to prohibit emissions that interfere with maintenance of the 
NAAQS in another state. 42 U.S.C. 7410(a)(2)(D)(i)(I). Specifically, we 
proposed to (1) disapprove, or in the alternative, approve the 
severable portion of the May 1, 2007, SIP submittal asserting that 
Oklahoma does not interfere with maintenance of the 1997 8-hour ozone 
NAAQS in other states, (2) approve the severable portion of the May 1, 
2007, SIP submittal asserting that Oklahoma emissions do not contribute 
significantly to nonattainment of the 1997 8-hour ozone NAAQS in other 
states, and (3) approve the severable portions of the May 1, 2007, and 
April 5, 2011, SIP submittals asserting that Oklahoma emissions do not 
contribute significantly to nonattainment in, or interfere with 
maintenance of the 1997 and 2006 PM2.5 NAAQS in other 
states.
    We received comments on our proposal from (1) the Oklahoma 
Department of Environmental Quality, (2) Western Farmers Electric 
Cooperative and Oklahoma Gas and Electric Company, and (3) the Oklahoma 
Attorney General. The comments are available for review in the 
electronic docket for this rulemaking at the regulations.gov Web site 
(Docket No. EPA-R06-OAR-2007-0314). All the comments addressed our 
proposal to disapprove, or in the alternative, approve the severable 
portion of the May 1, 2007, SIP submittal demonstrating Oklahoma does 
not interfere with maintenance of the 1997 8-hour ozone NAAQS in other 
states. We are not taking any final action at this time on that 
severable portion of our October 17, 2011 proposal. Therefore, we are 
also not addressing at this time the comments we received regarding 
that severable portion of the proposal. We intend to respond to 
comments and take a final action in a future rulemaking.
    We did not receive any adverse comments regarding our proposal to 
approve the severable portions of the SIP submittals demonstrating that

[[Page 81839]]

Oklahoma emissions (1) do not contribute significantly to nonattainment 
of the 1997 ozone NAAQS in other states, and (2) do not contribute 
significantly to nonattainment, or interfere with maintenance of the 
1997 and 2006 PM2.5 NAAQS in other states.

II. Final Action

    We are approving the severable portion of the Oklahoma SIP revision 
submitted on May 1, 2007, to address the significant contribution to 
nonattainment requirement for the 1997 8-hour ozone NAAQS. We are also 
approving the severable portions of the SIP revisions submitted on May 
1, 2007, and April 5, 2011, to address the significant contribution to 
nonattainment or interference with maintenance requirements for the 
1997 PM2.5 NAAQS and the 2006 PM2.5 NAAQS. This 
action is being taken under section 110 of the CAA.

III. 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 Clean Air 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 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 Clean Air 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, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 February 27, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Particulate matter, Sulfur dioxide.

    Dated: December 16, 2011.
Al Armendariz,
Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. The first table in Sec.  52.1920(e) entitled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma 
SIP'' is amended by adding entries for ``Interstate transport for the 
1997 ozone NAAQS (contribute to nonattainment)'', ``Interstate 
transport for the 1997 PM2.5 NAAQS (contribute to 
nonattainment or interfere with maintenance)'', and ``Interstate 
transport for the 2006 PM2.5 NAAQS (contribute to 
nonattainment or interfere with maintenance)'' at the end. The 
additions read as follows:


Sec.  52.1920  Identification of plan.

* * * * *
    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
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                                        Applicable
      Name of SIP provision           geographic or          State       EPA approval date       Explanation
                                    nonattainment area  submittal date
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                                                  * * * * * * *
Interstate transport for the 1997  Statewide..........        5/1/2007  12/29/11 [Insert FR
 ozone NAAQS (contribute to                                              page number where
 nonattainment).                                                         document begins].

[[Page 81840]]

 
Interstate transport for the 1997  Statewide..........        5/1/2007  12/29/11 [Insert FR
 PM2.5 NAAQS (contribute to                                              page number where
 nonattainment or interfere with                                         document begins].
 maintenance).
Interstate transport for the 2006  Statewide..........        4/5/2011  12/29/11 [Insert FR
 PM2.5 NAAQS (contribute to                                              page number where
 nonattainment or interfere with                                         document begins].
 maintenance).
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[FR Doc. 2011-33282 Filed 12-28-11; 8:45 am]
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