[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Rules and Regulations]
[Pages 74921-74922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25982]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2012-0263; FRL-9953-46-Region 6]
Approval and Promulgation of Implementation Plans; Oklahoma;
Disapproval of Prevention of Significant Deterioration for Particulate
Matter Less Than 2.5 Micrometers--Significant Impact Levels and
Significant Monitoring Concentration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is disapproving the
severable portions of the February 6, 2012, Oklahoma State
Implementation Plan (SIP) submittal which establish certain de minimis
thresholds for particulate matter less than 2.5 micrometers in diameter
(PM2.5) in the Prevention of Significant Deterioration (PSD)
permitting requirements. Specifically, we are disapproving provisions
that adopt and implement the PM2.5 significant impact levels
(SILs) and significant monitoring concentration (SMC); both of which
were vacated by a federal court and subsequently removed from federal
PSD regulations. We are disapproving the submitted provisions as
inconsistent with federal laws and regulations for the permitting of
PM2.5. The EPA is finalizing this disapproval under section
110 and part C of the Clean Air Act (CAA).
DATES: This rule is effective on November 28, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2012-0263. 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: Adina Wiley, (214) 665-2115,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for this action is discussed in detail in our August
11, 2016, proposed disapproval at 81 FR 53098. In that document, we
proposed to disapprove the severable portions of the February 6, 2012,
Oklahoma SIP submittal which establish the voluntary PM2.5
SILs provision and SMC. We presented our preliminary determination that
these submitted revisions to the Oklahoma SIP must be disapproved
because they establish permitting SIP requirements that are
inconsistent with the federal statutory and regulatory permitting
requirements for PM2.5. We did not receive any comments
regarding our proposed disapproval
II. Final Action
We are disapproving the following severable portions of the
February 6, 2012, Oklahoma SIP submittal establishing the voluntary
PM2.5 SILs provision and SMC. We are taking this final
action under section 110 and part C of the CAA.
Substantive revisions to the Oklahoma SIP at OAC 252:100-
8-33(c)(1)(C) establishing the PM2.5 SMC as submitted on
February 6, 2012; and
Substantive revisions to the Oklahoma PSD program in OAC
252:100-8-35(a)(2) establishing the PM2.5 PSD SILs provision
as submitted on February 6, 2012.
The EPA is disapproving the revisions listed because the submitted
provisions are inconsistent with the federal statutory and regulatory
permitting requirements for PM2.5. Upon the effective date
of this final disapproval, owners or operators of a proposed source or
modification will continue to satisfy the source impact analysis
provisions for PM2.5 as required under the Oklahoma SIP at
OAC 252:100-8-35(a)(1). Additionally, the State of Oklahoma will
continue to have the necessary authority to require monitoring of
PM2.5 under the Oklahoma SIP at OAC 252:100-8-35.1(b)(3),
consistent with the provisions of 40 CFR 52.21(m). This final
disapproval does not require the EPA to promulgate a Federal
Implementation Plan, because the Oklahoma PSD SIP program continues to
satisfy the Federal PSD SIP requirements for PM2.5
monitoring and source impact analysis. We are finalizing this
disapproval under section 110 and part C of the Act; as such, the EPA
will not impose sanctions as a result of this final disapproval.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. There is no burden imposed under the PRA because this action
disapproves submitted revisions that are no longer consistent with
federal laws and regulations for the regulation and permitting of
PM2.5.
[[Page 74922]]
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
disapproves submitted revisions that are no longer consistent with
federal laws and regulations for the regulation and permitting of
PM2.5, and therefore will have no impact on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. This action
disapproves submitted revisions that are no longer consistent with
federal laws and regulations for the regulation and permitting of
PM2.5, and therefore will have no impact on small
governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action disapproves provisions of state law
that are no longer consistent with federal law for the regulation and
permitting of PM2.5; there are no requirements or
responsibilities added or removed from Indian Tribal Governments. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it disapproves state permitting
provisions that are inconsistent with federal laws and regulations for
the regulation and permitting of PM2.5.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income
or indigenous populations. This action is not subject to Executive
Order 12898 because it disapproves state permitting provisions that are
inconsistent with federal laws and regulations for the regulation and
permitting of PM2.5.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Judicial Review
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 December 27, 2016. 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 21, 2016.
Ron Curry,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LL--Oklahoma
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2. Section 52.1922 is revised to read as follows:
Sec. 52.1922 Approval status.
(a) With the exceptions set forth in this subpart, the
Administrator approves Oklahoma's State Implementation Plan under
section 110 of the Clean Air Act for the attainment and maintenance of
the national standards.
(b) The EPA is disapproving the following severable portions of the
February 6, 2012, Oklahoma SIP submittal:
(1) Revisions establishing Minor New Source Review Greenhouse Gas
(GHG) permitting requirements at OAC 252:100-7-2.1 as submitted on
February 6, 2012.
(2) Revisions to the Oklahoma Prevention of Significant
Deterioration (PSD) program in OAC 252:100-8-31 establishing PSD
permitting requirements for sources that are classified as major and
thus required to obtain a PSD permit based solely on their potential
GHG emissions (``Step 2 sources'') at paragraph (E) of the definition
of ``subject to regulation'' as submitted on February 6, 2012.
(3) Revisions to the Oklahoma PSD Program at OAC 252:100-8-
33(c)(1)(C) establishing the PM2.5 Significant Monitoring
Concentration as submitted on February 6, 2012.
(4) Revisions to the Oklahoma PSD Program in OAC 252:100-8-35(a)(2)
establishing the PM2.5 PSD Significant Impact Levels as
submitted on February 6, 2012.
(c) The EPA is disapproving the revisions to the Oklahoma State
Implementation Plan definitions of ``carbon dioxide equivalent
emissions'' at OAC 252:100-1-3 and ``subject to regulation'' at OAC
252:100-8-31 to implement the Greenhouse Gas Biomass Deferral as
submitted on January 18, 2013.
[FR Doc. 2016-25982 Filed 10-27-16; 8:45 am]
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