[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Rules and Regulations]
[Pages 3933-3935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1534]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2008-0637; FRL-9622-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma; Infrastructure Requirements for 1997 8-Hour Ozone and the 
1997 and 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving submittals from the State of Oklahoma 
pursuant to the Clean Air Act (CAA or the Act) that address the 
infrastructure elements specified in the CAA, necessary to implement, 
maintain, and enforce the 1997 8-hour ozone and the 1997 and 2006 fine 
particulate matter (PM2.5) national ambient air quality 
standards (NAAQS or standards). This action is being taken under the 
CAA.

DATES: This final rule is effective on February 27, 2012.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R06-OAR-2008-0637. All documents in the docket 
are listed at www.regulations.gov. 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 www.regulations.gov or in hard copy at the Air 
Planning Section (6PD-L), 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 (FOIA) 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: Terry Johnson, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2154; fax 
number (214) 665-7263; email address: [email protected].

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

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 
November 16, 2011, proposal (76 FR 70940). In that

[[Page 3934]]

notice, we proposed to approve submittals from the State of Oklahoma, 
pursuant to the CAA, that address the infrastructure elements specified 
in the CAA section 110(a)(2), necessary to implement, maintain, and 
enforce the 1997 8-hour ozone, the 1997 fine particulate matter 
(PM2.5), and 2006 PM2.5 NAAQS. Those submittals 
are dated December 5, 2007, June 24, 2010, and April 5, 2011, 
respectively. We noted that those submittals did not include revisions 
to the SIP, but documented how the current Oklahoma SIP already 
included the required infrastructure elements. Therefore, we proposed 
to find that the following section 110(a)(2) elements were contained in 
the current Oklahoma SIP and provided the infrastructure for 
implementing the 1997 8-hour ozone and the 1997 and 2006 
PM2.5 standards: CAA sections 110(a)(2)(A), (B), (C), 
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). In addition, we 
proposed to find that the current Oklahoma SIP satisfies the section 
110(a)(2)(D)(i)(II) infrastructure element pertaining to emissions from 
sources in Oklahoma not interfering with measures required in the SIP 
of any other state under part C of the Act to prevent significant 
deterioration of air quality, with regard to the 2006 PM2.5 
NAAQS.
    Our November 16, 2011, proposal provides a detailed description of 
the submittals and the rationale for EPA's proposed actions, together 
with a discussion of the opportunity to comment. The public comment 
period for these actions closed on December 16, 2011, and we did not 
receive any comments.

II. Final Action

    We are approving the December 5, 2007, and June 24, 2010, 
submittals provided by the State of Oklahoma as they demonstrate that 
the Oklahoma SIP meets the requirements of section 110(a)(1) and (2) of 
the Act for the 1997 ozone and 1997 PM2.5 NAAQS as set forth 
in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 
(H), (J), (K), (L), and (M). Likewise, we are approving the April 5, 
2011, submittal provided by the State of Oklahoma as it demonstrates 
that the Oklahoma SIP meets the requirements of section 110(a)(1) and 
(2) of the Act for the 2006 PM2.5 NAAQS as set forth in the 
CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), 
(G), (H), (J), (K), (L), and (M). This action is being taken under 
authority of 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 March 26, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purpose 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, Intergovernmental relations, Nitrogen dioxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: January 13, 2012.
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 ``Infrastructure for the 1997 
Ozone and 1997 and 2006 PM2.5 NAAQS'' and ``Interstate 
transport for the 2006 PM2.5 NAAQS'' at the end to read as 
follows:

[[Page 3935]]

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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                                                  * * * * * * *
Infrastructure for the 1997       Statewide..........       12/5/2007  1/26/2012 [Insert    Approval for
 Ozone and the 1997 and 2006                                6/24/2010   FR page number       110(a)(2)(A), (B),
 PM2.5 NAAQS.                                                4/5/2011   where document       (C), (D)(ii), (E),
                                                                        begins].             (F), (G), (H), (J),
                                                                                             (K), (L), and (M).
Interstate transport for the      Statewide..........        4/5/2011  1/26/2012 [Insert    Approval for
 2006 PM2.5 NAAQS                                                       FR page number       110(a)(2)(D)(i)(II)
 (Noninterference with measures                                         where document       .
 required to prevent significant                                        begins].
 deterioration of air quality in
 any other State).
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[FR Doc. 2012-1534 Filed 1-25-12; 8:45 am]
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