[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]



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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.

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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]
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