[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30918-30920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13738]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2016-0619; FRL-9995-36-Region 6]
Air Plan Approval; Oklahoma; Regional Haze Five-Year Progress
Report
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 a revision to a
State Implementation Plan (SIP) submitted by the Governor of Oklahoma
through the Oklahoma Department of Environmental Quality (ODEQ) on
September 28, 2016. The SIP revision addresses requirements of federal
regulations that direct the State to submit a periodic report
describing progress toward reasonable progress goals (RPGs) established
for regional haze and a determination of the adequacy of the existing
implementation plan.
DATES: This rule is effective July 29, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0619. All documents listed in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information may not be publicly available, i.e.,
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 www.regulations.gov or in hard
copy at the EPA Region 6 Office, 1201 Elm Street, Dallas, TX 75270.
FOR FURTHER INFORMATION CONTACT: Clovis Steib, EPA Region 6 Office,
Regional Haze & SO2 Section, 1201 Elm Street, Suite 500,
Dallas, TX 75270, (214) 665-7566, [email protected]. To inspect the
hard copy materials, please schedule an appointment with Mr. Bill Deese
at 214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.
I. Background
In a notice of proposed rulemaking (NPRM) published on March 28,
2019 (84 FR 11711), EPA proposed to approve Oklahoma's (the State's)
Regional Haze Five Year Progress Report.\1\ On September 28, 2016,
Oklahoma submitted its progress report in the form of a SIP revision
under 40 CFR 51.308, which, among other things, detailed the progress
made in the first planning period toward implementation of the long-
term strategy (LTS) outlined in the State's regional haze plan. The
progress report also included a summary of the visibility improvement
measured at the Wichita Mountains Wilderness Area (WMWA), the only
Class I area within Oklahoma, an assessment of whether Class I areas
outside of the State are potentially impacted by emissions from
Oklahoma, and a determination of the adequacy of the existing
implementation plan. The details of Oklahoma's submittal and the
rationale for EPA's action are further explained in the NPRM. EPA did
not receive any relevant adverse comments on the proposed action. We
received one comment letter from the Texas Commission on Environmental
Quality (TCEQ) that discussed issues outside the scope of this
particular rule making.\2\
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\1\ Oklahoma's submitted report can be found at
www.regulations.gov; Docket EPA-R06-OAR-2016-0619-0002.
\2\ The TCEQ submitted a letter commenting on the remanded 2016
Federal Implementation Plan (FIP) for Texas regarding regional haze
reasonable progress, urging EPA to repeal the FIP in its entirety;
as well as act on and approve the State's own 2014 Regional Haze
Five-Year Progress Report and finalize any action resulting from the
additional comment period on the 2017 FIP for the State regarding
regional haze Best Available Retrofit Technology (BART). This letter
can be found at www.regulations.gov; Docket EPA-R06-OAR-2016-0619-
0004. EPA is addressing regional haze requirements for Texas in
another action; see Dockets EPA-R06-OAR-2014-0754 and EPA-R06-OAR-
2016-0611.
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II. Final Action
EPA is approving Oklahoma's regional haze five-year progress report
SIP revision, finding it meets the applicable regional haze
requirements under the CAA and set forth in 40 CFR 51.308(g), (h) and
(i). Because the SIP
[[Page 30919]]
and Federal Implementation Plan (FIP) \3\ will ensure the control of
SO2 and NOX emissions reductions relied upon by
Oklahoma and other states in setting their reasonable progress goals,
EPA concurs with the State's finding that there is no need for revision
of the existing implementation plan to achieve the reasonable progress
goals for the Class I areas in Oklahoma and in nearby states impacted
by Oklahoma sources.
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\3\ As discussed in the NPRM, EPA issued a FIP, promulgating
revised SO2 Best Available Retrofit Technology (BART)
emission limits on six-coal-fired EGUs located at three facilities.
(See 76 FR 81728 (December 28, 2011), codified at 40 CFR 52.1923)
The FIP affects two units at each of two facilities owned and
operated by Oklahoma Gas and Electric Company (OG&E): Muskogee
Generating Station in Muskogee County, and Sooner Generating Station
in Noble County. The FIP also initially applied to two units at
American Electric Power/Public Service Company of Oklahoma's (AEP/
PSO's) Northeastern Power Station in Rogers County, but those
requirements have since been removed from the FIP after EPA approval
of a SIP revision addressing these two units.
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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. See 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 approves a State's determination that their current regional
haze plan is 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);
Is not an Executive Order 13771 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 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 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).
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 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 27, 2019. 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, Best Available
Retrofit Technology, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Regional haze, Sulfur dioxide, Visibility,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 24, 2019.
David Gray,
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, under paragraph (e), the first table titled ``EPA-
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Oklahoma SIP'' is amended by adding an entry at the end to read as
follows:
Sec. 52.1920 Identification of plan.
* * * * *
(e) * * *
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EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
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Applicable
Name of SIP provision geographic or State submittal EPA approval date Explanation
nonattainment area date
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* * * * * * *
Oklahoma Regional Haze 5-Year Statewide........... Submitted 9/28/16.. 6/28/19, [Insert Federal Register
Progress Report. citation].
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[FR Doc. 2019-13738 Filed 6-27-19; 8:45 am]
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