[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Rules and Regulations]
[Pages 67647-67652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27918]



40 CFR Part 52

[EPA-R06-OAR-2011-0034; FRL-9936-37-Region 6]

Approval and Promulgation of Air Quality Implementation Plans; 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: Under the Federal Clean Air Act (CAA or Act) the Environmental 
Protection Agency (EPA) is approving revisions to the Oklahoma State 
Implementation Plan (SIP) submitted by the State of Oklahoma designee. 
The revisions are administrative in nature and modify redundant or 
erroneous text within the SIP. The revisions also incorporate new 
definitions and the current national ambient air quality standards 
(NAAQS) for four criteria pollutants; delete a subchapter that 
addresses motor vehicle pollution control devices; and add requirements 
for certain incinerators.

DATES: This rule is effective on January 4, 2016 without further 
notice, unless EPA receives relevant adverse comment

[[Page 67648]]

by December 3, 2015. If EPA receives such comment, EPA will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2011-0034, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions.
     Email: Carrie Paige at [email protected].
     Mail: Guy Donaldson, Chief, Air Planning Section (6PD-L), 
Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, 
Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2011-0034. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information the disclosure of which 
is restricted by statute. Do not submit information through 
www.regulations.gov or email, if you believe that it is CBI or 
otherwise protected from disclosure. The www.regulations.gov Web site 
is an ``anonymous access'' system, which means that EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment along with 
any disk or CD-ROM submitted. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters and any form of encryption and should be 
free of any defects or viruses. For additional information about EPA's 
public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 6, 
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Carrie Paige, (214) 665-6521 or 
[email protected]. To inspect the hard copy materials, please 
schedule an appointment with her or Mr. Bill Deese at (214) 665-7253.

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

I. Background

    Section 110 of the Act requires states to develop air pollution 
regulations and control strategies to ensure that air quality meets the 
EPA's NAAQS. These ambient standards are established under section 109 
of the Act and they currently address six criteria pollutants: Carbon 
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur 
dioxide. The state's air regulations are contained in its SIP, which is 
basically a clean air plan. Each state is responsible for developing 
SIPs to demonstrate how the NAAQS will be achieved, maintained, and 
enforced. The SIP must be submitted to EPA for approval and any changes 
a state makes to the approved SIP also must be submitted to the EPA for 
    The Secretary of the Oklahoma Department of Environmental Quality 
(ODEQ) submitted revisions for approval by EPA on July 16th and 
December 27th of 2010, February 6, 2012, and January 18, 2013. The 
revisions address air pollution regulations and control strategies 
codified in the Oklahoma Administrative Code (OAC) under Title 252 
(DEQ), Chapter 100 (Air Pollution Control). Three of the four 
submittals include revisions that address air permitting and 
incorporate by reference applicable provisions of Title 40 of the Code 
of Federal Regulations (denoted 40 CFR). These revisions can be 
evaluated independently (i.e., are severable) and will be evaluated in 
separate actions. Further, we are not acting on submitted revisions to 
the State's NOx rules because these revisions can be evaluated 
independently and we will consider these rule revisions in a separate 
action. Table C-1 in the Technical Support Document (TSD) lists the 
four submittals and identifies which portions are evaluated in this 
rulemaking action and which will be evaluated in separate actions.\1\ 
The revisions under evaluation in Section II of this action apply to 
the following sections within Chapter 100: Subchapter 15 (Motor Vehicle 
Pollution Control Devices); subchapter 17 (Incinerators); subchapter 19 
(Control of Emission of Particulate Matter); subchapter 25 (Visible 
Emissions and Particulates); appendices A and B within subchapter 17; 
appendices C, D, and G within subchapter 19; and appendices E and F 
within subchapter 3 (Air Quality Standards and Increments).\2\

    \1\ The TSD is provided in the docket for this rulemaking.
    \2\ The cover letter for the January 18, 2013 submittal lists 
revisions to subchapter 31, but no such revisions were provided in 
the submittal package; therefore, they are not before EPA for 

    The substantive revisions in the four submittals before us include 
incorporation of new definitions; updating the SIP with the current 
NAAQS for lead, ozone, nitrogen dioxide (NO2) and sulfur 
dioxide (SO2); and adding specific requirements for certain 
incinerators. The non-substantive revisions delete redundant 
definitions; move certain definitions into other locations within the 
SIP; and correct erroneous text.
    The criteria used to evaluate these SIP revisions are found 
primarily in section 110 of the CAA. Section 110(l) requires that a SIP 
revision submitted to EPA be adopted after reasonable notice and public 
hearing and also requires that EPA not approve a SIP revision if the 
revision would interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA. Our TSD contains a detailed evaluation of the 
revisions, describing how each revision meets the requirements for SIP 

II. EPA's Evaluation of the Revisions

    A synopsis of the submitted revisions and our evaluation follows.

A. Subchapter 15, Motor Vehicle Pollution Control Devices

    The ODEQ removes subchapter 15 in its entirety. Subchapter 15 is 
duplicative of section 203 of the CAA. Subchapter 15 was not ever 
required to be in the Oklahoma SIP and did not supersede or otherwise 
modify requirements for pollution control devices on motor vehicles.\3\ 
In addition, subchapter 15 was not used as a source of emission 
reductions and did not contribute toward attainment in Oklahoma (see 45 
FR 79051, November 28, 1980). The

[[Page 67649]]

State's annual motor vehicle inspection and emission anti-tampering 
rules remain in the SIP (see 61 FR 7709, February 29, 1996). Removal of 
subchapter 15 from the SIP does not constitute loss in emission 
reductions because such rules are in place and enforceable at the 
federal level.

    \3\ Section 203 of the CAA prohibits tampering with any device 
or element of design installed on or in a motor vehicle or motor 
vehicle engine in compliance with motor vehicle emission standards.

B. Subchapter 17, Incinerators

    Part 1 clarifies that incinerators used to generate useful heat 
energy are subject to all applicable requirements of subchapter 17. 
Part 3 adds specificity by identifying the applicable sources; 
clarifying existing definitions and requirements; expanding incinerator 
design requirements to include operation requirements; and adding 
definitions for ``Particulate matter'' and ``Secondary combustion 
chamber.'' Other revisions to parts 1 and 3 are non-substantive and 
delete redundant text.
    A new part 4 addresses biomedical waste incinerators. The new terms 
and definitions, design and operation, and emission limits are 
consistent with EPA's Standards of Performance for New Stationary 
Sources: Hospital/Medical/Infectious Waste Incinerators (see 74 FR 
51368, October 6, 2009 and 40 CFR 60.51c), and EPA's Standards Of 
Performance for Incinerators at 40 CFR 60, Subpart E.
    The ODEQ removes appendix B, renames appendix A, and moves the 
appendix B formulas into A. A typographical error was corrected. There 
were no changes to the allowable emission rates.

C. Subchapter 19, Control of Emissions of Particulate Matter

    The ODEQ submits new definitions for ``Condensable particulate 
matter,'' ``Filterable particulate matter,'' and ``Total particulate 
matter.'' They are consistent with the definitions addressing 
particulate matter at 40 CFR 51.100. Other revisions to this subchapter 
clarify that the particulate matter (PM) emission rates in this 
subchapter refer to condensable and filterable PM.
    The submitted revisions also address appendices C, D and G within 
subchapter 19. The revisions are confined to retitling the appendices, 
such that each now includes ``particulate matter'' in its title.

D. Subchapter 25, Visible Emissions and Particulates

    The submitted revisions include a non-substantive edit to style and 
the correction of an error in a citation at 100-25-3(b)(3). These 
revisions to subchapter 25 provide consistency and accuracy.

E. Appendix E (Primary Ambient Air Quality Standards) and Appendix F 
(Secondary Ambient Air Quality Standards)

    The ODEQ revised appendices E and F for the 2008 NAAQS for ozone 
\4\ and lead and the 2010 NAAQS for NO2 and SO2.

    \4\ On October 1, 2015, the EPA announced its decision to 
strengthen the ozone NAAQS, which does not obstruct our action here. 
See [http://www3.epa.gov/airquality/ozonepollution/actions.html#sep2015]. Because Oklahoma elects to have its SIP refer 
to specific iterations of the NAAQS, it will need to revise it from 
time to time to reflect the current NAAQS.

F. Consistency With Section 110(l) of the CAA

    The submitted revisions addressed in today's rulemaking provide 
consistency with the NAAQS and EPA's rules regarding incinerators, and 
provide clarity and accuracy, thus improving the Oklahoma SIP. These 
revisions will not interfere with any applicable requirement regarding 
attainment or any other applicable requirement of the CAA and are 
consistent with section 110(l) of the Act.

III. Final Action

    The EPA is approving all or parts of four Oklahoma SIP submittals. 
Specifically, we are approving the portions of the July 16, 2010 
submittal that revise appendices C, D, E, F and G and subchapters 19 
and 25. We are also approving in whole the December 27, 2010 submittal 
that revises subchapter 15 and appendices E and F. We are also 
approving the portion of the February 6, 2012 submittal that revises 
appendix E. We are also approving the portion of the January 18, 2013 
submittal that revises subchapter 17 and appendices A and B. The EPA is 
approving these SIP revisions in accordance with the requirements of 
the CAA.
    The EPA is publishing this rule without prior proposal because we 
view this as a non-controversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the SIP revision if relevant adverse 
comments are received. This rule will be effective on January 4, 2016 
without further notice unless we receive adverse comment by December 3, 
2015. If we receive adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so now. Please note that if we receive adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, we may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.4, we are finalizing the incorporation by reference of the 
revisions to the Oklahoma regulations as described in the preceding 
Final Action section. We have made, and will continue to make, these 
documents generally available electronically through www.regulation.gov 
and/or in hard copy at the EPA Region 6 office.

V. 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, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve 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, 
     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

[[Page 67650]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
     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 rule 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. 
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 4, 2016. 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 20, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:


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

    Authority:  42 U.S.C. 7401 et seq.

Subpart LL --Oklahoma

2. In Sec.  52.1920, the table in paragraph (c) under the heading 
entitled ``Chapter 100 (OAC 252:100). Air Pollution Control'' is 
amended by:
a. Removing the heading entitled ``Subchapter 15. Motor Vehicle 
Pollution Control Devices'' and the entries under this heading;
b. Revising entries for ``252:100-17-1'' and ``252:100-17-1.1'';
c. Removing the entry for ``252:100-17-1.2'';
d. Adding an entry for ``252:100-17-1.3'' in numerical order;
e. Revising entries for ``252:100-17-2'', ``252:100-17-2.1'', 
``252:100-17-2.2'', ``252:100-17-4'', ``252:100-17-5'', ``252:100-17-
5.1'', and ``252:100-17-7'';
f. Adding the heading entitled ``Part 4. Biomedical Waste 
Incinerators'' and entries for ``252:100-17-8'', ``252:100-17-9'', 
``252:100-17-10'', and ``252:100-17-11'' in numerical order;
g. Revising entries for ``252:100-19-1.1'' and ``252:100-19-11'';
h. Revising the entry for ``252:100-25-3'';
i. Revising the entry for ``252:100, Appendix A'';
j. Removing the entry for ``252:100, Appendix B''; and
k. Revising entries for ``252:100, Appendix C'', ``252:100, Appendix 
D'', ``252:100, Appendix E'', ``252:100, Appendix F'', and ``252:100, 
Appendix G''.
    The revisions and additions read as follows:

Sec.  52.1920  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Oklahoma Regulations
         State citation              Title/Subject    effective date   EPA Approval date        Explanation
                                                  * * * * * * *
                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
                                                  * * * * * * *
                                          Subchapter 17. Incinerators
                                           Part 1. General Provisions
252:100-17-1....................  Purpose...........       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-1.1..................  Reference to 40          7/11/2010  11/3/2015            .....................
                                   CFR.                               [Insert Federal
                                                                       Register citation]
252:100-17-1.3..................  Incinerators and         7/11/2010  11/3/2015            .....................
                                   fuel-burning                       [Insert Federal
                                   equipment or                        Register citation]
                                              Part 3. Incinerators
252:100-17-2....................  Applicability.....       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]

[[Page 67651]]

252:100-17-2.1..................  Exemptions........       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-2.2..................  Definitions.......       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
                                                  * * * * * * *
252:100-17-4....................  Particulate matter       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-5....................  Incinerator design       7/11/2010  11/3/2015            .....................
                                   and operation                      [Insert Federal
                                   requirements.                       Register citation]
252:100-17-5.1..................  Alternative              7/11/2010  11/3/2015            .....................
                                   incinerator                        [Insert Federal
                                   design                              Register citation]
252:100-17-7....................  Test methods......       7/11/2010  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
                                      Part 4. Biomedical Waste Incinerators
252:100-17-8....................  Applicability.....        7/1/2011  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-9....................  Definitions.......        7/1/2011  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
252:100-17-10...................  Design and                7/1/2011  11/3/2015            .....................
                                   operation.                         [Insert Federal
                                                                       Register citation]
252:100-17-11...................  Emission limits...        7/1/2011  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
                            Subchapter 19. Control of Emission of Particulate Matter
                                                  * * * * * * *
252:100-19-1.1..................  Definitions.......        7/1/2009  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
                                                  * * * * * * *
252:100-19-11...................  Allowable                 7/1/2009  11/3/2015            .....................
                                   particulate                        [Insert Federal
                                   matter emission                     Register citation]
                                   rates from
                                   combined wood
                                   fuel and fossil
                                   fuel fired steam
                                   generating units.
                                                  * * * * * * *
                                Subchapter 25. Visible Emissions and Particulates
                                                  * * * * * * *
252:100-25-3....................  Opacity limit.....        7/1/2009  11/3/2015            .....................
                                                                      [Insert Federal
                                                                       Register citation]
                                                  * * * * * * *
                                       Appendices for OAC 252: Chapter 100
252:100, Appendix A.............  Allowable                7/11/2010  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rate for
252:100, Appendix C.............  Allowable                 7/1/2009  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rates for
                                   Indirectly Fired
252:100, Appendix D.............  Allowable                 7/1/2009  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rates for
                                   Indirectly Fired
                                   Wood Fuel-Burning
252:100, Appendix E.............  Primary Ambient           7/1/2011  11/3/2015            .....................
                                   Air Quality                        [Insert Federal
                                   Standards.                          Register citation]
252:100, Appendix F.............  Secondary Ambient         7/1/2010  11/3/2015            .....................
                                   Air Quality                        [Insert Federal
                                   Standards.                          Register citation]
252:100, Appendix G.............  Allowable                 7/1/2009  11/3/2015            .....................
                                   Particulate                        [Insert Federal
                                   Matter Emission                     Register citation]
                                   Rates for
                                   Directly Fired
                                   Units and
                                                  * * * * * * *

[[Page 67652]]

* * * * *
[FR Doc. 2015-27918 Filed 11-2-15; 8:45 am]