Approval and Promulgation of Air Quality Implementation Plans; Oklahoma; Infrastructure Requirements for 1997 8-Hour Ozone and the 1997 and 2006 PM2.5, 3933-3935 [2012-1534]
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Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued
State
effective
date
State citation
Title/subject
5–45–790 .....................
Standard for visible emissions .............
3/17/10
5–45–800 .....................
Standard for fugitive dust/emissions ....
3/17/10
5–45–820 .....................
Compliance ...........................................
3/17/10
5–45–830 .....................
Test methods and procedures .............
3/17/10
5–45–840 .....................
Monitoring .............................................
3/17/10
5–45–850 .....................
Notification, records and .......................
reporting ................................................
3/17/10
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*
*
*
*
*
*
*
*
*
Documents Incorporated by Reference (9 VAC 5–20–21, Sections
E.1.a.(2),
(16)–(19),
E.2.a.(3), E.2.b., E.4.a.(23)–
(27), E.11.a.(4)–6), E.12.a.(3),
(5) and (9)–(11)).
*
Northern Virginia and Fredericksburg VOC Emissions Control
Areas.
State
submittal
date
Added.
where
Added.
where
Added.
where
Added.
where
Added.
where
Added.
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0637; FRL–9622–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Oklahoma; Infrastructure
Requirements for 1997 8-Hour Ozone
and the 1997 and 2006 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving submittals
from the State of Oklahoma pursuant to
the Clean Air Act (CAA or the Act) that
address the infrastructure elements
specified in the CAA, necessary to
implement, maintain, and enforce the
1997 8-hour ozone and the 1997 and
2006 fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS or standards). This action is
being taken under the CAA.
DATES: This final rule is effective on
February 27, 2012.
SUMMARY:
Jkt 226001
EPA approval date
*
*
*
1/26/2012 [Insert page number
where the document begins].
3/17/10
EPA has established a
docket for this action under Docket
Identification No. EPA–R06–OAR–
2008–0637. All documents in the docket
are listed at www.regulations.gov.
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
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 Freedom of
Information Act (FOIA) Review Room
between the hours of 8:30 a.m. and 4:30
p.m. weekdays except for legal holidays.
Contact the person listed in the FOR
ADDRESSES:
[FR Doc. 2012–1339 Filed 1–25–12; 8:45 am]
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*
where
*
(e) * * *
Applicable geographic area
16:21 Jan 25, 2012
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the document begins].
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the document begins].
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the document begins].
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the document begins].
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the document begins].
1/26/2012 [Insert page number
the document begins].
*
Name of non-regulatory SIP
revision
VerDate Mar<15>2010
Explanation
[former SIP citation]
EPA approval date
FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
(214) 665–7253 to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
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Additional explanation
*
Added section.
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The state submittal is also available
for public inspection during official
business hours, by appointment, at the
Oklahoma Department of Environmental
Quality, 707 North Robinson, P.O. Box
1677, Oklahoma City, Oklahoma 73101–
1677.
FOR FURTHER INFORMATION CONTACT:
Terry Johnson, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–2154; fax number
(214) 665–7263; email address:
johnson.terry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
The background for today’s action is
discussed in detail in our November 16,
2011, proposal (76 FR 70940). In that
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3934
Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations
notice, we proposed to approve
submittals from the State of Oklahoma,
pursuant to the CAA, that address the
infrastructure elements specified in the
CAA section 110(a)(2), necessary to
implement, maintain, and enforce the
1997 8-hour ozone, the 1997 fine
particulate matter (PM2.5), and 2006
PM2.5 NAAQS. Those submittals are
dated December 5, 2007, June 24, 2010,
and April 5, 2011, respectively. We
noted that those submittals did not
include revisions to the SIP, but
documented how the current Oklahoma
SIP already included the required
infrastructure elements. Therefore, we
proposed to find that the following
section 110(a)(2) elements were
contained in the current Oklahoma SIP
and provided the infrastructure for
implementing the 1997 8-hour ozone
and the 1997 and 2006 PM2.5 standards:
CAA sections 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). In addition, we proposed to find
that the current Oklahoma SIP satisfies
the section 110(a)(2)(D)(i)(II)
infrastructure element pertaining to
emissions from sources in Oklahoma
not interfering with measures required
in the SIP of any other state under part
C of the Act to prevent significant
deterioration of air quality, with regard
to the 2006 PM2.5 NAAQS.
Our November 16, 2011, proposal
provides a detailed description of the
submittals and the rationale for EPA’s
proposed actions, together with a
discussion of the opportunity to
comment. The public comment period
for these actions closed on December 16,
2011, and we did not receive any
comments.
mstockstill on DSK4VPTVN1PROD with RULES
II. Final Action
We are approving the December 5,
2007, and June 24, 2010, submittals
provided by the State of Oklahoma as
they demonstrate that the Oklahoma SIP
meets the requirements of section
110(a)(1) and (2) of the Act for the 1997
ozone and 1997 PM2.5 NAAQS as set
forth in the CAA sections 110(a)(2)(A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). Likewise, we are approving
the April 5, 2011, submittal provided by
the State of Oklahoma as it
demonstrates that the Oklahoma SIP
meets the requirements of section
110(a)(1) and (2) of the Act for the 2006
PM2.5 NAAQS as set forth in the CAA
sections 110(a)(2)(A), (B), (C), (D)(i)(II),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M). This action is being taken under
authority of section 110 of the CAA.
VerDate Mar<15>2010
16:21 Jan 25, 2012
Jkt 226001
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air 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 Clean Air Act. Accordingly, this
action merely approves 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);
• 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 Clean Air 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
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costs on tribal governments or preempt
tribal law.
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 March 26, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purpose 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 13, 2012.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 52 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 et seq.
Subpart LL—Oklahoma
2. The first table in § 52.1920(e)
entitled ‘‘EPA-Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Oklahoma SIP’’ is
amended by adding entries for
‘‘Infrastructure for the 1997 Ozone and
1997 and 2006 PM2.5 NAAQS’’ and
‘‘Interstate transport for the 2006 PM2.5
NAAQS’’ at the end to read as follows:
■
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Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Rules and Regulations
§ 52.1920
Identification of plan.
*
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3935
(e) * * *
*
EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE OKLAHOMA SIP
Name of SIP provision
Applicable geographic or
nonattainment area
State submittal
date
*
*
Infrastructure for the 1997 Ozone and the
1997 and 2006 PM2.5 NAAQS.
*
Statewide .......................
*
Interstate transport for the 2006 PM2.5
NAAQS (Noninterference with measures
required to prevent significant deterioration of air quality in any other State).
Statewide .......................
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 17, 22, 24, 25, 27, 80,
87 and 90
[WT Docket No. 08–61; WT Docket No. 03–
187; FCC 11–181]
National Environmental Policy Act
Compliance for Proposed Tower
Registrations; Effects of
Communications Towers on Migratory
Birds
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) adopts a rule that affects
the process of tower construction by
instituting a pre-application notification
process so that members of the public
will have a meaningful opportunity to
comment on the environmental effects
of proposed antenna structures that
require registration with the
Commission. As an interim measure
pending completion of a programmatic
environmental analysis and subsequent
rulemaking proceeding, the Commission
also requires that an EA be prepared for
any proposed tower over 450 feet in
height.
DATES: The rules in this document
contain information collection
requirements that have not been
approved by OMB. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT:
Mania Baghdadi, Wireless
Telecommunications Bureau, (202) 418–
2133, email Mania.Baghdadi@fcc.gov.
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Explanation
*
1/26/2012 [Insert FR
page number
where document
begins].
1/26/2012 [Insert FR
page number
where document
begins].
*
*
Approval for 110(a)(2)(A), (B),
(C), (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This is a
summary of the Commission’s Order on
Remand in WT Docket Nos. 08–61 and
03–187, adopted December 6, 2011, and
released December 9, 2011. The full text
of the Order on Remand is available for
public inspection and copying during
business hours in the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. It also may be
purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554; the contractor’s
Web site, https://www.bcpiweb.com or by
calling (800) 378–3160, facsimile (202)
488–5563, or email
FCC@BCPIWEB.com. Copies of the
Order on Remand also may be obtained
via the Commission’s Electronic
Comment Filing System (ECFS) by
entering the docket numbers WT Docket
No. 08–61 or WT Docket No. 03–187.
Additionally, the complete item is
available on the Federal
Communications Commission’s Web
site at https://www.fcc.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–1534 Filed 1–25–12; 8:45 am]
SUMMARY:
12/5/2007
6/24/2010
4/5/2011
EPA approval date
I. Introduction
1. In this Order, the Commission takes
procedural measures to ensure,
consistent with its obligations under
Federal environmental statutes, that the
environmental effects of proposed
communications towers, including their
effects on migratory birds, are fully
considered prior to construction. The
Commission institutes a pre-application
notification process so that members of
the public will have a meaningful
opportunity to comment on the
environmental effects of proposed
antenna structures that require
registration with the Commission. As an
interim measure pending completion of
a programmatic environmental analysis
and subsequent rulemaking proceeding,
the Commission also requires that an
Environmental Assessment (EA) be
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Approval for 110(a)(2)(D)(i)(II).
prepared for any proposed tower over
450 feet in height. Through these
actions and the Commission’s related
ongoing initiatives, the Commission
endeavors to minimize the impact of
communications towers on migratory
birds while preserving the ability of
communications providers rapidly to
offer innovative and valuable services to
the public.
2. The Commission’s actions in this
Order respond to the decision of the
Court of Appeals for the District of
Columbia Circuit in American Bird
Conservancy v. FCC, 516 F.3d 1027 (DC
Cir. 2008) (American Bird Conservancy).
In American Bird Conservancy, the
court held that the Commission’s
current antenna structure registration
(ASR) procedures impermissibly fail to
offer members of the public a
meaningful opportunity to request an
EA for proposed towers that the
Commission considers categorically
excluded from review under the
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321 et seq. The
notification process that the
Commission adopts today addresses that
holding of the court. In addition, the
court held that the Commission must
perform a programmatic analysis of the
impact on migratory birds of registered
antenna structures in the Gulf of Mexico
region. The Commission is already
responding to this holding by
conducting a nationwide environmental
assessment of the ASR program. The
Commission has also asked the U.S.
Fish and Wildlife Service (FWS) to
perform a conservation review of the
ASR program under the Endangered
Species Act (ESA), 16 U.S.C. 1531 et
seq.
3. The Commission’s action also
occurs in the context of its ongoing
rulemaking proceeding addressing the
effects of communications towers on
migratory birds. In 2006, the
Commission sought comment on what
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]]>Agencies
[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Rules and Regulations]
[Pages 3933-3935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1534]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2008-0637; FRL-9622-5]
Approval and Promulgation of Air Quality Implementation Plans;
Oklahoma; Infrastructure Requirements for 1997 8-Hour Ozone and the
1997 and 2006 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving submittals from the State of Oklahoma
pursuant to the Clean Air Act (CAA or the Act) that address the
infrastructure elements specified in the CAA, necessary to implement,
maintain, and enforce the 1997 8-hour ozone and the 1997 and 2006 fine
particulate matter (PM2.5) national ambient air quality
standards (NAAQS or standards). This action is being taken under the
CAA.
DATES: This final rule is effective on February 27, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R06-OAR-2008-0637. All documents in the docket
are listed at www.regulations.gov. 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 www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 Freedom
of Information Act (FOIA) Review Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal holidays. Contact the person
listed in the FOR FURTHER INFORMATION CONTACT paragraph below or Mr.
Bill Deese at (214) 665-7253 to make an appointment. If possible,
please make the appointment at least two working days in advance of
your visit. There will be a 15 cent per page fee for making photocopies
of documents. On the day of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
The state submittal is also available for public inspection during
official business hours, by appointment, at the Oklahoma Department of
Environmental Quality, 707 North Robinson, P.O. Box 1677, Oklahoma
City, Oklahoma 73101-1677.
FOR FURTHER INFORMATION CONTACT: Terry Johnson, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-2154; fax
number (214) 665-7263; email address: johnson.terry@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
The background for today's action is discussed in detail in our
November 16, 2011, proposal (76 FR 70940). In that
[[Page 3934]]
notice, we proposed to approve submittals from the State of Oklahoma,
pursuant to the CAA, that address the infrastructure elements specified
in the CAA section 110(a)(2), necessary to implement, maintain, and
enforce the 1997 8-hour ozone, the 1997 fine particulate matter
(PM2.5), and 2006 PM2.5 NAAQS. Those submittals
are dated December 5, 2007, June 24, 2010, and April 5, 2011,
respectively. We noted that those submittals did not include revisions
to the SIP, but documented how the current Oklahoma SIP already
included the required infrastructure elements. Therefore, we proposed
to find that the following section 110(a)(2) elements were contained in
the current Oklahoma SIP and provided the infrastructure for
implementing the 1997 8-hour ozone and the 1997 and 2006
PM2.5 standards: CAA sections 110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). In addition, we
proposed to find that the current Oklahoma SIP satisfies the section
110(a)(2)(D)(i)(II) infrastructure element pertaining to emissions from
sources in Oklahoma not interfering with measures required in the SIP
of any other state under part C of the Act to prevent significant
deterioration of air quality, with regard to the 2006 PM2.5
NAAQS.
Our November 16, 2011, proposal provides a detailed description of
the submittals and the rationale for EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for these actions closed on December 16, 2011, and we did not
receive any comments.
II. Final Action
We are approving the December 5, 2007, and June 24, 2010,
submittals provided by the State of Oklahoma as they demonstrate that
the Oklahoma SIP meets the requirements of section 110(a)(1) and (2) of
the Act for the 1997 ozone and 1997 PM2.5 NAAQS as set forth
in the CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). Likewise, we are approving the April 5,
2011, submittal provided by the State of Oklahoma as it demonstrates
that the Oklahoma SIP meets the requirements of section 110(a)(1) and
(2) of the Act for the 2006 PM2.5 NAAQS as set forth in the
CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). This action is being taken under
authority of section 110 of the CAA.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
Accordingly, this action merely approves 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);
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 Clean Air 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 March 26, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purpose 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: January 13, 2012.
Al Armendariz,
Regional Administrator, Region 6.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. The first table in Sec. 52.1920(e) entitled ``EPA-Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma
SIP'' is amended by adding entries for ``Infrastructure for the 1997
Ozone and 1997 and 2006 PM2.5 NAAQS'' and ``Interstate
transport for the 2006 PM2.5 NAAQS'' at the end to read as
follows:
[[Page 3935]]
Sec. 52.1920 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure for the 1997 Statewide.......... 12/5/2007 1/26/2012 [Insert Approval for
Ozone and the 1997 and 2006 6/24/2010 FR page number 110(a)(2)(A), (B),
PM2.5 NAAQS. 4/5/2011 where document (C), (D)(ii), (E),
begins]. (F), (G), (H), (J),
(K), (L), and (M).
Interstate transport for the Statewide.......... 4/5/2011 1/26/2012 [Insert Approval for
2006 PM2.5 NAAQS FR page number 110(a)(2)(D)(i)(II)
(Noninterference with measures where document .
required to prevent significant begins].
deterioration of air quality in
any other State).
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[FR Doc. 2012-1534 Filed 1-25-12; 8:45 am]
BILLING CODE 6560-50-P
