[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Proposed Rules]
[Pages 50312-50314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21718]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2017-0145; 9983-65-Region 6]
Approval and Promulgation of State Implementation Plan, Oklahoma;
Supplemental Notice of Proposed Rulemaking
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental notice of proposed rulemaking, withdrawal of
proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this supplemental notice of proposed rulemaking, the
Environmental Protection Agency (EPA) is supplementing our proposed
approval published on March 22, 2018, of revisions to the State
Implementation Plan (SIP) for Oklahoma, as submitted by the State of
Oklahoma designee with a letter dated February 14, 2017. First, we are
reopening the comment period based on information submitted by Oklahoma
in a letter dated July 31, 2018, and our analysis of it. Second, EPA is
withdrawing its proposed action on the Commercial and Industrial Solid
Waste Incineration Units rule because the State did not submit it for
approval as a SIP revision.
DATES: Written comments must be received on or before November 5, 2018.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0145, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make.
The EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e. on the web, cloud, or
other file sharing system). For additional submission methods, please
contact Mr. Alan Shar, (214) 665-6691, [email protected]. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on
[[Page 50313]]
making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the 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: Mr. Alan Shar, (214) 665-6691;
[email protected]. To inspect the hard copy materials, please schedule
an appointment with Mr. Alan Shar.
SUPPLEMENTARY INFORMATION:
Throughout this document, ``we,'' ``us,'' or ``our'' refer to EPA.
I. Background
On March 22, 2018 (83 FR 12514), we published a proposed rulemaking
action to approve certain revisions to the Oklahoma SIP, as submitted
by Oklahoma on February 14, 2017. The submittal covers updates to the
Oklahoma SIP, as contained in annual SIP updates for 2013, 2014, 2015,
and 2016, and incorporates the latest changes to the EPA regulations.
Specifically, the March 22, 2018 proposal concerned revisions to the
following rules in the Oklahoma Administrative Code (OAC)--OAC 252:100-
13 Open Burning, OAC 252:100-17 Incinerators, OAC 252:100-25 Visible
Emissions and Particulates, OAC 252:100-31 Control of Emission of
Sulfur Compounds, OAC 252:100, Appendix E Primary Ambient Air Quality
Standards, and OAC 252:100, Appendix F Secondary Ambient Air Quality
Standards. Comments on the proposal were required to be received by
April 23, 2018.
II. Additional information submitted by Oklahoma
After the close of the public comment period, the Oklahoma
Department of Environmental Quality (ODEQ) submitted additional
information, by letter dated July 31, 2018, concerning the SIP rule
revisions in our March 22, 2018 proposal. ODEQ provided this
information in response to adverse comments (EPA-R06-OAR-2017-0145-022)
submitted to the EPA during the initial comment period. The information
submitted by ODEQ is intended to clarify the rule revisions and their
applicability as well as to further demonstrate how the revisions
improve the Oklahoma SIP. In particular, ODEQ provided additional
information related to the following four rule revisions included in
the March 22, 2018 proposal: (1) A revision to OAC 252:100-9(4) that
exempts opening burning allowed under OAC 252:100-13-7(6)(B) and OAC
252:100-13-8 from the time restrictions otherwise applicable to opening
burning; (2) a revision to OAC 252:100-17-2 adding NSPS Subpart AAAA
and NSPS Subpart CCCC to the list of sources exempt from the
requirements for general purpose incinerators; (3) a revision to OAC
252:100-25-5(c) eliminating the words ``and EPA'' from the rule's
requirement concerning alternative monitoring; and (4) a revision to
OAC 252:100-31 which replaces SO2 ambient standards
(exposure limits) in the existing SIP at OAC 252:100-31-12 (renumbered
OAC 252:100-31-7) with EPA's 2010 SO2 National Ambient Air
Quality Standards.
III. EPA's Evaluation and Analysis of ODEQ's July 31, 2018 Letter
We have evaluated the information contained in ODEQ's July 31, 2018
letter and find that it affirms our determination that the submitted
revisions included in the March 22, 2018 proposal meet SIP
requirements, as provided by CAA section 110 and EPA's implementing
regulations at 40 CFR part 51. We have included our evaluation of
ODEQ's July 31, 2018 letter and our additional analysis of the four
rule revisions identified in part II above in a supplement to the
Technical Support Document (TSD) which may be found in the docket. See
Supplement 3 to the TSD in the docket for this action. The result of
our evaluation and analysis continues to support the proposed approval
of the rule revisions identified in the March 22, 2018 proposal, with
the recognition of one inadvertent oversight on our part described
below.
The March 22, 2018 proposal inadvertently includes a proposal to
approve rule revisions to OAC 252:100-17, Part 9 Commercial and
Industrial Solid Waste Incineration Units--specifically OAC 252:100-17-
60 through 17-76. We are withdrawing our proposal action on these
provisions because we lack the authority to act on them under section
110 as a SIP revision. Moreover, these provisions were not submitted to
EPA for SIP approval as part of the February 14, 2017 SIP submittal and
include provisions that pertain to CAA sections 111(d) and 129,
instead, which will be acted upon separately in the future.\1\
---------------------------------------------------------------------------
\1\ Those provisions are not directly related to CAA section 110
(State implementation Plans for NAAQS) and pertain to CAA sections
111(d) (Standards of performance for existing sources; remaining
useful life of source) and 129 (Solid waste combustion) standards.
These Subchapter 17 revisions were submitted by the Oklahoma
Department of Environmental Quality to EPA, by letter dated
September 15, 2017, as an update to Oklahoma's Air Quality State
Plan for Commercial and Industrial Solid Waste Incinerators (CISWI)
units, under CAA sections 111(d) and 129. Pursuant to those
statutory provisions and EPA's implementing regulations related
thereto, EPA will be evaluating and acting upon the September 15,
2017 Submittal in a separate action.
---------------------------------------------------------------------------
IV. Supplemental Proposed Action
In summary, EPA proposed to approve certain revisions to the
Oklahoma SIP, as submitted by Oklahoma on February 14, 2017, in our
March 22, 2018 proposal (83 FR 12514). In this supplemental proposed
action, we are withdrawing the proposed action on the revisions to OAC
252:100-17, Part 9 (Part 9), because Part 9 was not included in
Oklahoma's February 14, 2017 SIP submittal. We lack the authority to
act on this Part 9 under CAA section 110 because the State did not
submit it as a SIP revision for approval. We are proposing to affirm
the approvability of the other rule revisions contained in the March
22, 2018 proposal based upon the supplemental information in ODEQ's
July 31, 2018 letter, as well as additional information included in
Supplement 3 to the TSD. The scope of this supplemental notice and the
reopening of the comment period is strictly limited to only the
supplemental information and our evaluation of it. The EPA is not
reopening the comment period on any other aspect of the March 22, 2018
proposal, as an adequate opportunity to comment on those issues has
already been provided. The EPA will not respond to comments received
during the reopened comment period outside the above-defined scope.
This action will allow interested persons additional time to review the
supplemental information to prepare and submit relevant comments. The
EPA will address all comments received on the original proposal and on
this supplemental action in our final action.
V. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to Oklahoma's regulations, as described in part IV
above. The EPA has made, and will continue to make, these documents
generally available electronically through
[[Page 50314]]
www.regulations.gov and in hard copy at the EPA Region 6 office.
VI. Statutory and Executive Order Reviews
Under the 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, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. 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 Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 18, 2018.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2018-21718 Filed 10-4-18; 8:45 am]
BILLING CODE 6560-50-P