[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27121-27122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12209]



[[Page 27121]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0142; FRL-9958-61-Region 6]


Approval and Promulgation of Implementation Plans; Oklahoma; 
Infrastructure and Interstate Transport for the 2012 Fine Particulate 
Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving elements of a State 
Implementation Plan (SIP) submission from the State of Oklahoma for the 
2012 Fine Particulate Matter (PM2.5) National Ambient Air 
Quality Standard (NAAQS or standard). The submission addresses how the 
existing SIP provides for implementation, maintenance, and enforcement 
of this NAAQS (infrastructure SIP or i-SIP). The i-SIP ensures that the 
Oklahoma SIP is adequate to meet the State's responsibilities under the 
CAA.

DATES: This rule is effective on July 14, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0142. 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: Wendy Jacques, 214-665-7395, 
[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 
November 21, 2016 proposal (81 FR 83184). In that proposed rule, we 
proposed to partially approve and partially disapprove the June 16, 
2016, infrastructure SIP submission from Oklahoma, which addresses the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2012 PM2.5 NAAQS. We also proposed to disapprove a portion 
of the January 28, 2015 i-SIP submission for the 2010 SO2 
NAAQS. We proposed disapproval for both submissions only as to the 
portions that address CAA section 110(a)(2)(D)(i)(II); the requirement 
for visibility protection in other States. CAA section 
110(a)(2)(D)(i)(II) requires the SIP for a new or revised NAAQS to 
contain adequate provisions to prohibit emissions which will interfere 
with required measures for any other State for (1) prevention of 
significant deterioration (PSD) of air quality or (2) visibility 
protection. We did not receive any comments regarding our proposal.
    At this time, we are not acting on the portions of the 2012 
PM2.5 and 2010 SO2 NAAQS i-SIP submissions that 
address CAA section 110(a)(2)(D)(i)(II) as it relates to visibility 
protection in other States. We also note that the State did not address 
CAA section 110(a)(2)(D)(i)(I) \1\ in the June 16, 2016 submittal for 
the 2012 PM2.5 NAAQS, thus we are not taking action to 
approve or disapprove the requirements for that section. The State 
submitted an i-SIP revision to address the requirements in CAA section 
110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS on December 19, 
2016; we expect to act on that submittal at a later time.
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    \1\ CAA section 110(a)(2)(D)(i)(I) requires the SIP to contain 
adequate provisions to prohibit emissions to other States which will 
(1) contribute significantly to nonattainment of a new or revised 
NAAQS or (2) interfere with maintenance of that NAAQS.
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II. Final Action

    We are approving the portions of the June 16, 2016 Oklahoma 
infrastructure SIP submission for the 2012 PM2.5 NAAQS that 
address CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II) as it relates 
to the prevention of interference with PSD, (D)(ii), (E)(i), (E)(ii), 
(F), (G), (H), (J), (K), (L) and (M). The i-SIP addresses how the 
existing SIP provides for implementation, maintenance, and enforcement 
of the 2012 PM2.5 NAAQS and is adequate to meet the State's 
responsibilities under 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 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 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 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 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, 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

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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 August 14, 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, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: June 1, 2017.
Samuel Coleman,
Acting 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.

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 an entry for ``Infrastructure for the 2012 
PM2.5 NAAQS'' at the end to 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          State
      Name of SIP provision            geographic or      submittal     EPA approval date        Explanation
                                    nonattainment area       date
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                                                  * * * * * * *
Infrastructure for the 2012 PM2.5  Statewide...........    6/16/2016  6/14/2017 [Insert FR  Does not address
 NAAQS.                                                                page number where     110(a)(2)(D)(i)(I).
                                                                       document begins].     No action on
                                                                                             110(a)(2)(D)
                                                                                             (i)(II) (visibility
                                                                                             portion).
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[FR Doc. 2017-12209 Filed 6-13-17; 8:45 am]
 BILLING CODE 6560-50-P