[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Rules and Regulations]
[Pages 89008-89010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29585]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0812; FRL-9955-28-Region 6]


Approval and Promulgation of Air Quality Implementation Plans; 
Oklahoma; Infrastructure for the Lead, Ozone, Nitrogen Dioxide and 
Sulfur Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Federal Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is approving State Implementation Plan (SIP) 
submissions from the State of Oklahoma regarding the 2008 Lead (Pb), 
2008 Ozone, 2010 Nitrogen Dioxide (NO2), and 2010 Sulfur 
Dioxide (SO2) National Ambient Air Quality Standards (NAAQS 
or standards). The four submittals address how the existing SIP 
provides for implementation, maintenance, and enforcement of these four 
NAAQS (infrastructure SIP or i-SIP). These i-SIPs ensure that the 
Oklahoma SIP is adequate to meet the State's responsibilities under the 
CAA, including the CAA requirements for interstate transport of Pb and 
NO2 emissions.

DATES: This rule is effective on January 9, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2012-0812. 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 EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Paige, 214-665-6521, 
[email protected].

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

I. Background

    The background for this action is discussed in detail in our 
September 20, 2016, proposal (81 FR 64377). In that document we 
proposed to approve the Oklahoma i-SIP submittals dated October 5, 
2012; February 28, 2014; and January 28, 2015, which addressed the 2008 
Pb NAAQS; the 2010 NO2 NAAQS; and the 2008 ozone and 2010 
SO2 NAAQS as meeting the requirements of an i-SIP. Two of 
the submittals did not address Section 110(a)(2)(D)(i)(I), prongs 1 and 
2, regarding the contribution to nonattainment and interfere with 
maintenance of the 2008 ozone and 2010 SO2 NAAQS in other 
states, so we did not propose to take action on such elements for these 
two NAAQS. In addition, we did not propose to take action on section 
110(a)(2)(D)(i)(II)--the prong that specifically addresses visibility 
protection for the 2010 SO2 NAAQS. We will take separate 
action on these three prongs for the 2008 ozone and 2010 SO2 
NAAQS. We did not receive any comments regarding our proposal.

II. Final Action

    EPA is approving in part the October 5, 2012, February 28, 2014, 
and January 28, 2015, infrastructure SIP submissions from Oklahoma, 
which address the requirements of CAA sections 110(a)(1) and (2) as 
applicable to the 2008 Pb, 2010 NO2, 2008 ozone, and 2010 
SO2 NAAQS. Table 1 outlines the specific actions we are 
approving.

                Table 1--Final Action on Oklahoma Infrastructure SIP Submittals for Various NAAQS
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              110(a)(2) Element                  2008 ozone        2008 Pb          2010 NO2         2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control                     A                A                A                A
 measures...................................
(B): Ambient air quality monitoring and data               A                A                A                A
 system.....................................
(C)(i): Enforcement of SIP measures.........               A                A                A                A
(C)(ii): PSD program for major sources and                 A                A                A                A
 major modifications........................
(C)(iii): Permitting program for minor                     A                A                A                A
 sources and minor modifications............
(D)(i)(I): Contribute to nonattainment/                   SA                A                A               SA
 interfere with maintenance of NAAQS
 (requirements 1 and 2).....................
(D)(i)(II): PSD (requirement 3).............               A                A                A                A
(D)(i)(II): Visibility Protection                          A                A                A               SA
 (requirement 4)............................
(D)(ii): Interstate and International                      A                A                A                A
 Pollution Abatement........................
(E)(i): Adequate resources..................               A                A                A                A
(E)(ii): State boards.......................               A                A                A                A

[[Page 89009]]

 
(E)(iii): Necessary assurances with respect                A                A                A                A
 to local agencies..........................
(F): Stationary source monitoring system....               A                A                A                A
(G): Emergency power........................               A                A                A                A
(H): Future SIP revisions...................               A                A                A                A
(I): Nonattainment area plan or plan                      NG               NG               NG               NG
 revisions under part D.....................
(J)(i): Consultation with government                       A                A                A                A
 officials..................................
(J)(ii): Public notification................               A                A                A                A
(J)(iii): PSD...............................               A                A                A                A
(J)(iv): Visibility protection..............               A                A                A                A
(K): Air quality modeling and data..........               A                A                A                A
(L): Permitting fees........................               A                A                A                A
(M): Consultation and participation by                     A                A                A                A
 affected local entities....................
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Key to Table 1:
NG--Element is not germane to infrastructure SIPs.
A--Approving in this action.
SA--Acting on this infrastructure requirement in a separate rulemaking.

    Based upon review of these infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in these submissions and referenced in the Oklahoma SIP, we find 
Oklahoma has the infrastructure in place to address all applicable 
required elements of sections 110(a)(1) and (2), except as noted in 
Table 1, to ensure that the 2008 Pb, 2008 Ozone, 2010 NO2, 
and 2010 SO2 NAAQS are implemented in the State. This action 
is being taken pursuant to section 110 of the Act.

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);
     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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 7, 2017. 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, Intergovernmental relations, Interstate transport of 
pollution, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: December 6, 2016.
Ron Curry,
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.

[[Page 89010]]

Subpart LL--Oklahoma

0
2. In Sec.  52.1920(e) the first table titled ``EPA-Approved 
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma 
SIP'' is amended by adding the following entries at the end:


Sec.  52.1920  Identification of plan

* * * * *
    (e) * * *

             EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
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                                  Applicable geographic   State submittal
     Name of SIP provision        or nonattainment area         date        EPA approval date     Explanation
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                                                  * * * * * * *
Infrastructure for the 2008 Pb   Statewide..............       10/5/2012   12/9/2016, [Insert
 NAAQS.                                                                     Federal Register
                                                                            citation].
Infrastructure for the 2010 NO2  Statewide..............       2/28/2014   12/9/2016, [Insert
 NAAQS.                                                                     Federal Register
                                                                            citation].
Infrastructure for the 2008      Statewide..............       1/28/2015   12/9/2016, [Insert  Does not address
 Ozone NAAQS.                                                               Federal Register    110(a)(2)(D)
                                                                            citation].          (i)(I).
Infrastructure for the 2010 SO2  Statewide..............       1/28/2015   12/9/2016, [Insert  Does not address
 NAAQS.                                                                     Federal Register    110(a)(2)(D)
                                                                            citation].          (i)(I) or
                                                                                                110(a)(2)(D)
                                                                                                (i)(II)
                                                                                                (visibility
                                                                                                portion).
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[FR Doc. 2016-29585 Filed 12-8-16; 8:45 am]
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