[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