[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)] [Rules and Regulations] [Pages 15713-15715] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-8440] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [OK-12-1-7079a; FRL-5438-4] Approval of Volatile Organic Compound Regulations for Oklahoma AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The EPA is approving the State Implementation Plan (SIP) revision submitted by the State of Oklahoma for the purpose of removing equivalent test method and alternative standard language from the Oklahoma volatile organic compound regulations. The SIP revision was submitted by the State in follow-up to an agreement between Oklahoma and EPA in conjunction with the Tulsa ozone redesignation request published in the Federal Register on January 31, 1991. The rationale for the approval is set forth in this document; additional information is available at the address indicated in the ADDRESSES section. DATES: This final rule is effective on June 10, 1996 unless adverse or critical comments are received by May 9, 1996. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Written comments on this action should be addressed to Mr. Thomas Diggs, Chief (6PD-L), Air Planning Section, at the EPA Regional Office listed below. Copies of the documents relevant to this action are available for public inspection during normal business hours at the following locations. Interested persons wanting to examine these documents should make an appointment with the appropriate office at least 24 hours before the visiting day. U.S. Environmental Protection Agency, Region 6, Multimedia Planning & Permitting Division (6PD-L), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, DC 20460. Oklahoma Department of Environmental Quality, Air Quality Program, 4545 North Lincoln Blvd., Suite 250, Oklahoma City, Oklahoma 73105-3483. FOR FURTHER INFORMATION CONTACT: Mr. James F. Davis, Air Planning Section (6PD-L), Multimedia Planning & Permitting Division, U.S. Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Telephone (214) 665-7584. SUPPLEMENTARY INFORMATION: I. Background On May 16, 1994, the State of Oklahoma submitted to the EPA rules for Oklahoma SIP revisions removing equivalent test method and alternative standard language from the Oklahoma volatile organic compound regulations. In addition to the State regulations, Oklahoma submitted a summary and justification documenting the basis for this SIP revision. This particular revision is based on the September 28, 1990, Memorandum of Understanding (MOU) between the State of Oklahoma and the EPA. This MOU agreement was reached as a condition for the redesignation of the Tulsa ozone nonattainment area to attainment. Essentially, the MOU required the State to remove the State's [[Page 15714]] equivalency language in Oklahoma Air Pollution Control Regulation (OAPCR) 3.7, Sections OAPCR 3.7.5-4(g)(7)(A)(i)(b), OAPCR 3.7.5- 4(g)(9)(A), OAPCR 3.7.5-4(i)(3)(B)(1), and OAPCR 3.7.5-4(i)(3)(B)(3), and to submit any alternative process or test method to the EPA as a revision to the Federally approved SIP. II. Analysis The State's submittal shows that the State has removed its equivalency language in OAPCR 3.7, Sections OAPCR 3.7.5- 4(g)(7)(A)(i)(b), OAPCR 3.7.5-4(g)(9)(A), OAPCR 3.7.5-4(i)(3)(B)(1), and OAPCR 3.7.5-4(i)(3)(B)(3). In Section OAPCR 3.7.5-4(g)(7)(A)(i)(b) under ``Alternative Standards,'' the word ``process'' was revised to ``equipment.'' In OAPCR 3.7.5-4(g)(9)(A), the phrase ``or other equivalent methods'' was deleted from the section on specified test methods for coatings of parts and products. In OAPCR 3.7.5- 4(i)(3)(B)(1), and OAPCR 3.7.5-4(i)(3)(B)(3), ``or an equivalent method as determined by the Commissioner'' was deleted under testing requirements of vapor recovery systems. III. Final Action In this action, the EPA is approving the SIP revision submitted by the State of Oklahoma to remove equivalent test method and alternative standard language from the State's SIP. The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial revision and anticipates no adverse comments. However, in a separate document in this Federal Register publication, the EPA is proposing to approve the SIP revision should adverse or critical comments be filed. Thus, today's direct final action will be effective June 10, 1996 unless, by May 9, 1996, adverse or critical comments are received. If the EPA receives such comments, this action will be withdrawn before the effective date by publishing a subsequent document that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on this action serving as a proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this action will be effective June 10, 1996. Nothing in this action should be construed as permitting, allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to a SIP shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements. Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities (5 U.S.C. 603 and 604). Alternatively, the EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations that are less than 50,000. SIP revision approvals under section 110 and subchapter I, part D, of the Act do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, the EPA certifies that this proposed rule would not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the Act, preparation of a regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness of State actions. The Act forbids the EPA to base its actions concerning SIP's on such grounds. Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-266 (S. Ct. 1976); 42 U.S.C. section 7410(a)(2). Under section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act), signed into law on March 22, 1995, the EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, the EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires the EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule. EPA has determined that the approval action promulgated today does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves preexisting requirements under State or local law, and imposes no new Federal requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. This action has been classified as a Table 3 action for signature by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995, memorandum from Mary Nichols, Assistant Administrator for Air and Radiation. The Office of Management and Budget has exempted this regulatory action from Executive Order 12866 review. Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b), petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 10, 1996. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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, Hydrocarbons, Incorporation by reference, Volatile organic compounds. Note: Incorporation by reference of the SIP for the State of Oklahoma was approved by the Director of the Federal Register on July 1, 1982. Dated: February 8, 1996. Jane N. Saginaw, Regional Administrator (6A). Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart LL--Oklahoma 2. Section 52.1920 is amended by adding paragraph (c)(47) to read as follows: Sec. 52.1920 Identification of plan. * * * * * (c) * * * (47) A revision to the Oklahoma SIP to include revisions to Oklahoma Air Pollution Control Regulation 3.7--Control of Emissions of Organic Materials, adopted by the State on [[Page 15715]] October 2, 1990, effective May 11, 1991 and submitted by the Governor on May 16, 1994. (i) Incorporation by reference. (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7, Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1), and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991. (ii) Additional material. (A) State SIP revision entitled, ``Oklahoma Alternative Standards SIP Revision,'' which includes a completeness determination, SIP narrative, hearing records and other documentation relevant to the development of this SIP. [FR Doc. 96-8440 Filed 4-8-96; 8:45 am] BILLING CODE 6560-50-P